- Your Excellency, Chairperson of the IGAD Council of Ministers

- Excellencies, Members of the Council

- Your Excellency, IGAD Executive Secretary

- Your Excellency, IGAD Special Envoy to South Sudan

- Honourable Ministers,

- Excellencies,

Ladies and Gentlemen,

Good morning

1. It is my honour to address this Council today for the first time as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC).

2. It is also my honour to present to the Council the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), including the challenges faced, my overall observations, and recommendations to the Council.

3. This report builds on the briefing that my predecessor, Amb. Lt. Gen Augostino Njoroge, made to the members of the 36th Extraordinary Summit of the IGAD Heads of State and Government on 14 July 2020, and the briefing made previously to the 71st Extraordinary meeting of the IGAD Council of Ministers held on 23 April 2020.

Excellencies, Ladies and Gentlemen,

4. In our last briefing to the IGAD Heads of State and Government on 14 July 2020, RJMEC had highlighted several pending critical tasks that had not yet been implemented, including those carried over from the Pre-Transitional Period. In particular:

a) reconstitution of the Transitional National Legislature, comprising the Transitional National Legislative Assembly and the Council of States;

 

b) unification of forces, including their redeployment; and

c) Disarmament Demobilisation and Reintegration (DDR) process for the former combatants.

5. In that regard, I commend the Summit for taking up these concerns seriously and for pronouncing itself in its Communique of the 36th Extraordinary Summit of the IGAD Heads of State and Government.

Excellencies, Ladies and Gentlemen,

6. I am pleased to report to this Council that on 8 May 2021, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, dissolved the Transitional National Legislative Assembly (TNLA) and the Council of States and subsequently reconstituted the TNLA on 10 May 2021. This is a welcome development in terms of implementation of the governance aspects of the Agreement under Chapter 1. What now remains, are the swearing in of the Reconstituted TNLA, reconstitution of the Council of States, and the State Legislative Assemblies, and the restructuring and reconstitution of Institutions and Commissions at the national level. It is my hope and expectation that the reconstituted TNLA will soon be sworn in to commence its business and that it will immediately ratify some important legislation that has been held up, such as the amended security bills and the Constitutional Amendment Bill No. 8 (2020). Our preliminary gender analysis of the appointments to the reconstituted TNLA suggests that women constitute 33% of the members of the reconstituted TNLA.

7. Also important under Chapter 1 is the requirement for Judicial Reforms under Article 1.17 of the Agreement. Accordingly, I am pleased to report that steps are underway to establish the Ad-hoc Judicial Reforms Committee (JRC) which is mandated to study and recommend appropriate judicial reforms. I commend the Minister of Justice and Constitutional Affairs, and his taskforce for endorsing the draft Terms of Reference, jointly developed by RJMEC and IGAD advisors. This now paves the way for the IGAD to nominate the Chairperson and Deputy for this Committee and for the parties to nominate their representatives, and I call upon all responsible to expedite this process.

8. Next, Chapter 2 on the Transitional Security Arrangements (TSAs). The successful implementation of the TSAs is critical to sustainable peace in South Sudan. As this Council will recall, this is a task of the Pre-Transitional Period which was carried forward into the Transitional Period. Regrettably, I would like to report to this Council that despite the call at 36th Extraordinary Summit of the Heads of State and Government that the RTGoNU was “to provide the necessary funding and logistical support to expedite the implementation of the TSA, particularly the conclusion of training, graduation and redeployment of the NUF,” there has been very minimal progress on the implementation of the TSAs. It is clear that the unification of forces had stalled, and the conditions in the Cantonment Sites and Training Centres have markedly deteriorated.

9. However, on 8 June 2021, a meeting of the RTGoNU Presidency resolved as follows: to accelerate the process of graduating the unified forces, and developing a unified command, and to relocate both government and opposition forces to the cantonment sites for further training. Furthermore, the President directed the mobilisation of the necessary logistics support for the unified forces. Consequently, some resources have since been provided by the National Transitional Committee to the Security Mechanisms.

10. The Disarmament, Demobilisation and Reintegration (DDR) as an integral part of the unification process and a critical component for successful implementation of the TSAs continues to lag behind. RTGoNU has not given sufficient attention and support to the DDR Commission, hence undermining its capacity to deliver on its mandate. DDR is an important and costly activity, and the RTGoNU should avail the requisite resources to the DDR process. Given the importance and recurring challenges faced in implementing the TSAs to date, this is an area I appeal to the Council to pay sufficient focus to.

11. Though we observe that the Permanent Ceasefire between the signatories to the R-ARCSS is holding, there is nonetheless a worrying trend of increased insecurity in some parts of South Sudan, such as the states of Jonglei, Lakes, and Warrap, related to community-based violence. Further, Central Equatoria has experienced incidents of fighting between the SSPDF and National Salvation Front (NAS), a hold-out group, affiliated to Gen. Thomas Cirillo, that continues to cause considerable civilian harm and displacements.

12. With regard to Chapter 3 on humanitarian affairs, even though, overall, there has been some improvements, including gradual returns by IDPs and refugees, the above-mentioned state of insecurity only serves to undermine progress and reverse some of the gains already made, including the slowing down of voluntary

returns. This year, four aid workers have been killed, including two on 7 June 2021 in Lakes State, highlighting the continued dangers faced by aid workers in some parts of the country. Furthermore, according to UNOCHA, an estimated 7.2 million people continue to be acutely food insecure between April and July and the need for relief remains high.

13. The Special Reconstruction Fund (SRF) and the Board which is mandated to assess the reconstruction needs and raise the necessary funds are vital aspects of the Peace Agreement. Upon its establishment, a donors’ conference is to be convened to coordinate support to the implementation of the R-ARCSS. I appeal to the Council to urge the RTGoNU to prioritise this matter in establishing the SRF Board and the eventual convening of the donors’ conference.

14. On Chapter 4, economic, finance and resource management, the Ministry of Petroleum is undertaking environmental and cost recovery audits. Similarly, the Ministry of Finance has undertaken an audit of transfers to oil-producing communities and states. After a decline caused by the economic contraction following the drop in the oil price, there has been a good progression in collection of nonoil revenues.

15. The IMF recently provided the country with over $170 million in April 2021, partly for financing the on-going exchange rate reform and also the paying of the salary arrears. That said, the establishment of the Economic and Finance Management Authority (EFMA) is still pending, and I appeal to the Council to prevail on the RTGoNU to set up this inclusive accountability and transparency monitoring body, as provided for in the Agreement.

Excellencies, Ladies and Gentlemen, 

16. With regard to Chapter 5 on Transitional Justice, there has been some progress. The Ministry of Justice and Constitutional Affairs (MoJCA) has developed a roadmap for the establishment of the three transitional justice mechanisms, namely the Commission on Truth, Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). The roadmap has been endorsed by the RTGoNU

Council of Ministers. A Technical Committee has also been established to conduct public consultations pursuant to the establishment of the Commission on Truth, Reconciliation and Healing. With regards to the HCSS, there is need for the African Union Commission and the RTGoNU to discuss and agree the terms of its establishment.

17. Finally, Chapter 6 on the Permanent Constitution-making process. I am pleased to report that the RJMEC successfully convened a workshop for the Parties to the R-ARCSS to agree on the details of conducting the constitution-making process as mandated under Article 6.7 of the Revitalised Peace Agreement. The workshop, which took place from 25-28 May 2021, was officially opened by, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, and was addressed by H.E. Abdallah Hamdok, Prime Minister of Sudan and Chairperson of IGAD Assembly of Heads of State and Government. The workshop was facilitated by the Max Planck Foundation for International Peace and Rule of Law.

18. Amongst the key resolutions of the Workshop was the establishment of a Constitutional Drafting Committee as a specialised technical body to draft the constitutional text and accompany the process at all stages. Further, the resolutions covered the composition and criteria for nominations of the

reconstituted National Constitutional Review Commission (RNCRC), the Preparatory Sub-Committee (PSC) for the convening of the National Constitutional Conference (NCC), and civic education and public participation at all stages of the constitution making process. RJMEC officially handed over the Resolutions to

the RTGoNU on 10 June 2021. Consequently, RTGoNU will now commence the drafting of the legislation that will govern the constitution-making process. We appeal to the Council to urge the RTGoNU to expedite the enactment of the constitution-making law to govern this process.

Excellencies, Ladies and Gentlemen,

19. The above progress notwithstanding, there are a number of recurring challenges that continue to constrain and delay the implementation of the Agreement. Key among them are: trust deficit amongst the key principals to the Agreement, insufficient political will, lack of necessary resources and funding, community-based violence and insecurity, capacity gaps, activities of hold-out groups and Covid-19 pandemic. I appeal to the Council to explore ways of helping the parties rebuild trust and work together, extend logistical and other types of requisite support to the implementation of the Agreement and prevail on the hold-out groups to join the peace process.

Excellencies, Ladies and Gentlemen,

20. In conclusion, as an oversight body, our assessment is that, even though some progress has been made in some areas, a critical concern remains on the security arrangements, which is fundamental for the sustainability of the peace process. In view of above, I would like to conclude with the following respectful recommendations to the Council, namely:

a) urge the RTGoNU to swear in the members of the Reconstituted TNLA, to complete the reconstitution of the Council of States, the State Legislature, and the restructuring and reconstitution of Institutions and Commissions at the national level, while adhering to the 35% level of women representation and giving due attention to representation of the youth;

b) appeal to IGAD to nominate the Chairperson and Deputy for the Ad-hoc Judicial Reforms Committee and urge the Parties to the R-ARCSS to nominate their representatives;

c) appeal to IGAD to urge the Parties to the Agreement for continued dialogue and trust-building among them on all unresolved issues, with greater show of political will; in this regard, I strongly recommend the convening of the ‘Leadership Retreat’ as proposed by IGAD.

d) urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including graduation and redeployment of unified forces; for the DDR Commission to implement its plans; and commencement of Phase 2 of the unification process;

e) urge the RTGoNU to prioritise the establishment of the Special

Reconstruction Fund and Board to coordinate international

support to the peace process and support the RTGoNU in the

eventual convening of the donors’ conference;

f) appeal to all actors under SSOMA to pursue the Sant’Egidio mediation process, including adherence to the Cessation of Hostilities Agreement of December 2017, the Rome Declaration of January 2020, and the Declaration of Principles of March 2021;

g) urge the RTGoNU to continue to pursue economic reforms along with increased transparency and accountability, especially in the oil sector, and establish the Economic and Financial Management Authority to enhance oversight and management of the country’s resources;

h) urge the RTGoNU to fast-track broad based public consultation on the establishment of the CTRH, and to further liaise with the African Union Commission regarding the establishment of the HCSS;

 i) urge the RTGoNU to expedite the drafting of the legislation to govern the permanent constitution-making process; and         

j) explore ways of helping the parties rebuild trust and work together, extend logistical and other requisite support to the implementation of the Agreement and prevail on the hold-out groups to join the peace process. 

k) actively engage the international community at the highest political level to mobilise goodwill and support for full implementation of the R-ARCSS.

21. In closing, I would like to thank the Council for its support to RJMEC. I urge the Council to remain seized of the peace process in South Sudan, and perhaps one of the strongest ways of demonstrating this is by holding the next IGAD Council of Ministers meeting and Summit in Juba. Your close attention to these matters is instrumental in achieving an enduring peace in South Sudan.

Thank you!

H.E. Salva Kiir Mayardit, President of the Republic of South Sudan

H.E Dr. Abdalla Hamdock, Prime of the Republic of Sudan

H.E. Dr. Riek Machar Teny, First Vice President of the Republic of South Sudan

H.E. Madam Rebecca Garang, Vice President of the Republic of South Sudan

H.E. Gen. Taban Deng Gai, Vice President of the Republic of South Sudan

H.E. Dr. James Wani Igga, Vice President of the Republic of South Sudan

H.E. Gen. Hussein Abdelbagi, Vice President of the Republic of South Sudan

H.E. Dr. Mariam Al-Sadiq Al-Mahdi, Chairperson IGAD Council of Ministers and Minister of Foreign Affairs, Republic of Sudan

H.E. Hon. Justice Ruben Madol, Minister of Justice and Constitutional Affairs

Honorable Ministers of the RTGoNU

H.E. Dr. Ismail Wais, IGAD Special Envoy for South Sudan

H.E. Amb. Professor Joram Biswaro, Head of African Union Mission in South Sudan

H.E. Nicholas Haysom, UN SRSG and Head of UNMISS

Excellencies Ambassadors, and Members of the Diplomatic Corps

Dr. Kathrin Scherr, Representative of the Max Planck Foundation 

Honourable Delegates-Representatives of the ITGoNU, SPLM/A-IO, SSOA, FDs and OPP

Honorable Delegates-Representatives of Eminent Persons, Youth, Women, Academia, Faith-based Leaders, CSOs, and Business Community.

Distinguished Ladies and Gentlemen, 

Good morning.  

1.  I am greatly honoured to welcome H.E. Salva Kiir Mayardit, the President of the Republic of South Sudan, and every one of you to the official launch of the Permanent Constitution-making Process Workshop. The launch of this historic workshop today marks a significant milestone in the design and making of a durable constitution for the Republic of South Sudan. It is also a big step towards the full implementation of the Revlitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan of 2018 (R-ARCSS), and indeed further evidence of the commitment of the Parties to the Revitalised Peace Agreement to bestow upon this country a durable and people-owned constitution at the end of the Transitional Period.

2.  Under the Revitalised Peace Agreement, the new Permanent Constitution of the Republic of South Sudan is expected inter-alia to guide the conduct of elections at the end of the Transitional Period, guarantee good governance, constitutionalism, rule of law, human rights, and gender equality.

3.  I want to thank H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, H.E. Dr. Riek Machar Teny, First Vice President, all the four Vice Presidents and the entire leadership and members of the Parties to the RTGoNU, for staying the course of peace, and providing leadership in the implementation of the Revitalised Peace Agreement, all the delays and challenges notwithstanding. 

4.  I also thank the IGAD leadership, the Chairperson of the IGAD Council of Ministers, the IGAD Special Envoy for South Sudan, the IGAD Heads of Mission in Juba, the African Union representative, the United Nations Family, the Troika, the European Union, the People’s Republic of China, the IGAD Partners Forum, and all partners and friends of South Sudan, for standing with the people of South Sudan. Your continued support to the full implementation of the Revitalised Peace Agreement is critical for building a stable, peaceful, inclusive and democratic South Sudan.

5.  I congratulate the delegates who have been nominated by their Parties and Stakeholders to deliberate at this workshop and agree on the details of the permanent constitution-making process over the next two days. The whole country is looking to your technical expertise to design a viable path for the making of a constitution that will help restore permanent and sustainable peace, security and stability in the country. 

Excellencies, Ladies and Gentlemen,

6.  I would like to underscore the importance of this workshop. Under Article 6.9 of the R-ARCSS, the outcome of this workshop shall form the basis for drafting the legislation to be enacted to govern the Constitution-making process. I would like to thank the Parties and Stakeholders to the Peace Agreement for entrusting the RJMEC with the responsibility for convening this workshop, as per article 6.7.

7.  Pursuant to article 6.8, the Agreement requires that the workshop be moderated and facilitated by an institute renowned internationally for constitution-making. I am pleased to announce that the RJMEC selected the Max Planck Foundation for International Peace and the Rule of Law to undertake the task. 

8.  In preparation for this workshop, RJMEC commissioned a comprehensive comparative study on constitution-making proceses within the region and beyond to inform this process. In addition, the Max Planck authored a series of thematic reflection papers to assist the delegates to focus on the issues at hand. Over the last few months, six sensitisation meetings and one joint consultation meeting of the nominees have been held. I am confident that the next two days will be a success.

9.  I thank Dr. Kathryn Scherr and her team from the Max Planck Foundation, who are working very closely with our RJMEC team, led by Mr Stephen Oola, our Senior Advisor on Legal and Constitutional Affairs in preparation for this workshop. I also thank all our partners, UNMISS, UN Women, UNDP, and the South Sudanese members of the Civil Society Constitutional Working Group, who have contributed enormously to these efforts, including through capacity building workshops and public advocacy for different stakeholders, and thematic discussions with delegates.

Excellencies, Ladies and Gentlemen,

10.       This workshop marks the beginning of the constitution-making process. A lot of work will follow, including the enactment of the legislation to govern the process, the reconstitution of the National Constitutonal Review Commission (NCRC), the appointment of a Sub-Committee for the convening of the National Constitutional Conference (NCC), civic education, and the implementation of all agreed workshop outcomes. This process will require a lot of political, technical, financial and logistical support. I would therefore like to appeal to the RTGoNU, regional guarantors, international partners and friends of South Sudan to fully support this process.

 

11.       In conclusion,  I would like to thank H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, H.E. Dr. Mariam Al-Sadiq Al-Mahdi, Chairperson IGAD Council of Ministers and Minister of Foreign Affairs, Republic of Sudan, your Excellencies, and all the distinguished participants here for attending this launch, and I wish the delegates very fruitful deliberations over the next two days. Together with the Max Planck Foundation, we look forward to presenting the outcome of the workshop to the RTGoNU upon its conclusion, which will then embark on a process of the constitution-makingI

Thank You. 

STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC TO THE 17TH RJMEC MONTHLY MEETING, THURSDAY, 20 MAY 2021

JUBA, SOUTH SUDAN

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen, 

Good morning. 

1.  It is a pleasure and honour to be able to meet in person once again following the lifting of the COVID-19 partial lockdown measures. I hope that our meeting today will lead to a very fruitful discussion as much work remains to be done. I hope that you all kept healthy and engaged in our collective endeavours to ensure the full implementation of the Revitalised Agreement on Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

2.  Today, as usual, 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,

3.  To begin with, governance. It is important to note that since we last met, there has been some commendable progress towards implementation of some provisions of Chapter 1. On 8 May 2021, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, dissolved the Transitional National Legislative Assembly (TNLA) and the Council of States through a Republican Decree. The TNLA was subsequently expanded and reconstituted on 10 May 2021. This is a welcome development, as it has long been seen as a vital step in implementing Chapter 1 of the R-ARCSS. There now remains the reconstitution of the Council of States, and the state legislative assemblies, and the restructuring and reconstitution of institutions and commissions at the national level.  

4.  It is my hope and expectation that now, the reconstituted TNLA can ratify some important legislation that has been held up, such as the amended security bills and the Constitutional Amendment Bill No. 8 (2020), which were drafted by the National Constitutional Amendment Committee (NCAC) and presented to the Minister of Justice and Constitutional Affairs.  We are still analysing the detailed lists of TNLA appointments to assess whether the 35% level of women’s representation was met. We are also keen to understand the extent to which the youth are represented in these appointments, as per article 1.4.5. 

5.  Furthermore, I am pleased to inform you that RJMEC Secretariat has been participating in leadership retreats in the states within a framework of institutional collaboration and partnerships. UNMISS organised these retreats for the appointed RTGoNU Executives in Northern Bahr el Ghazal and Western Bahr el Ghazal States. The retreats, attended and supported by the RJMEC Secretariat and the IGAD South Sudan Liaison Office, aimed at assisting the state executives to better understand the R-ARCSS, enhance trust and confidence building amongst them and strive to deliver quality public services in their respective states.

6.  I am also pleased to report that all the Parties to the RTGoNU have agreed to extend the NCAC’s mandate, which expired in February this year, to enable the NCAC to complete its pending tasks. It now remains for the process to be finalised by IGAD. This is a welcome development, because much work awaits the NCAC, including the review of the National Elections Act 2012, the Non-Governmental Organisation Act 2016, the Bank of South Sudan Act 2011, the Anti-Corruption Commission Act 2009, the National Audit Chambers Act 2011, and the National Petroleum Act 2012.   

7.  Next, on security. Since the last RJMEC monthly meeting, held in February, there has been no significant progress in any of the Transitional Security Arrangements (TSAs). The unification of forces remains stalled. No graduation and redeployment for Phase One of the Necessary Unified Forces has taken place since my last report. Cantonment sites and training centres continue to be abandoned due to a chronic lack of food, medicines, shelter facilities and hygiene items for women. The conditions in both cantonment sites and training centres continue to deteriorate and can only get worse with the onset of the rainy season. Unfortunately, no funding has been provided to the Security Mechanisms since my last report. 

8.  I understand that agreement has been reached on the ratio of the Unified Command Structure, and I expect that the Joint Defence Board (JDB) can confirm this to the plenary. It now remains for the Parties to appoint nominees, in particular regarding the key posts at the highest levels of the Defence and Security Services. The completion of this is critical to the implementation of the TSAs. 

9.  Regarding the Strategic Defence and Security Review process, the SDSR Board convened a 3-day workshop in May 2021, with support and assistance from RJMEC Secretariat and UNMISS, with the aim of completing the Strategic Security Assessment. This initial part of the SDSR Board’s remit, in accordance with the R-ARCSS, is long overdue. However, its completion will pave the way for the finalisation of the Strategic Defence and Security Review which in turn will determine the role, organisation and structure of the national unified forces. I look forward to hearing the report from the Chairperson of the SDSR Board, particularly regarding the timeline for the completion of these vital national security tasks.

10.   I remain concerned that the Disarmament, Demobilisation and Reintegration (DDR) process is still lagging behind. As is the case with the Security Mechanisms, insufficient focus and support is being provided by the RTGoNU to the DDR Commission for what is a key national security undertaking, which requires considerable resources, and the cooperation of many government ministries and agencies. I expect to hear more from the Chairperson of the DDR Commission in his report.  

11.  I am deeply concerned by the disruption to CTSAMVM’s work due to the absence of National Monitors since April. The function of the Monitoring and Verification Teams is presently reduced, and in some instances, actively impeded. In this regard, I have written to the President of the Republic of South Sudan and the Chairperson of IGAD to make them aware of the situation and appealed to them to take remedial measures.  

 

12.   Around the country, there are reported incidences of violence. In Central Equatoria, fighting between the SSPDF and NAS has been reported. Furthermore, community-based violence in Jonglei, Lakes, Warrap, and Unity States has also been reported, resulting in many civilians being killed and wounded. Taken together, all these amount to a worrying composite picture for the country of South Sudan, and I urge the RTGoNU to take urgent steps towards their peaceful resolution. 

13.  Within the context of these growing incidences of insecurity, it is very saddening to learn that on 12 May, an aid worker was killed when a clearly marked humanitarian vehicle was fired at. This is the first aid worker killed in South Sudan in 2021, while nine were killed in 2020. The safety and security of humanitarian workers continues to be threatened by ongoing violence. For example, there have been recent compound intrusions and the physical assault of aid workers in Upper Nile state, Unity State and Eastern Equatoria. Further, concerns on road security, notably in Lakes, Jonglei, and the Equatorias, continue to impede the delivery of aid to those who most need it.

Excellencies, Ladies and Gentlemen,

 

14.  Now for a word on resource, economic and financial management. The oversight institution Economic and Financial Management Authority (EFMA), to have been established at the start of the Transitional Period, and which was referred to in the resolutions of our 16thmeeting, is still pending. This body is crucial to oversee the implementation of the resource and financial sector reforms, and to ensure reporting to RJMEC on progress. That said, we welcome the creation in March 2021 of the Oversight Committee to oversee an audit of the Petroleum Sector. In addition, the Ministry of Petroleum has undertaken an environmental and cost recovery audit. Similarly, the Ministry of Finance has undertaken an audit of transfers to oil-producing communities and states. The audits are important for transparency and accountability in the management of the oil resource, and where necessary, corrective action should be taken.  

15.   Now for a word on transitional justice. Since my last report, the Minister of Justice and Constitutional Affairs established a Technical Committee on the establishment of the Commission on Truth, Reconciliation and Healing (CTRH). The Committee is expected to lead public consultations to be held in concert with other stakeholders and civil society, which will inform the legislation governing the establishment of the CTRH, consistent with article 5.2.1.3. I look forward to hearing how this activity progresses.

16.   Next, the Permanent Constitution-making process. In preparation for convening the Permanent Constitution-making process workshop, and in accordance with articles 6.7, 6.8, and 6.9, RJMEC and the Max Planck Foundation have to date conducted six sensitisation meetings with representatives of the Parties and stakeholders, and have held one joint consultative meeting with all the nominees. The workshop is scheduled for 25-27 May 2021 and is expected to be officially opened by the President of the Republic of South Sudan. The outcome of the workshop shall form the basis for drafting the legislation to be enacted to govern the constitution-making process. 

Excellencies, Ladies and Gentlemen,

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

a)   urge the RTGoNU to complete the reconstitution of the Council of States, and the state legislative assemblies, and the restructuring and reconstitution of institutions and commissions at the national level, while adhering to the 35% level of women’s representation and giving due attention to representation of the youth;  

b)   urge the reconstituted TNLA to enact the Constitution Amendment Bill No. 8 into the TCRSS 2011 (as amended), and enact the outstanding security laws and other laws already amended by the NCAC;

c)    urge the RTGoNU to adequately fund the Transitional Security Arrangements, to expedite and complete the unification of forces, and ensure well-coordinated DDR in conjunction with the required government ministries and agencies; 

d)   urge the RTGoNU, in conjunction with the state governments, to address community-based violence and enhance security at the sub-national level;

e)   urge the RTGoNU to provide a secure and enabling environment for humanitarian workers, IDPs, and returnees, and to lead ongoing humanitarian efforts, including the establishment of the Special Reconstruction Fund; and

f)    urge the RTGoNU to ensure that the recommendations of the oil sector audits are acted upon, and that corrective action is taken where necessary. 

 

18.       In conclusion, I would like to underscore that the reconstitution of the TNLA and the commencement of the Permanent Constitution-making process are positive developments, and they create the momentum which can accelerate progress in the implementation of the Peace Agreement. Now is the time to continue to build political will, strengthen trust and confidence, implement tasks concurrently, especially completing the TSAs, and providing humanitarian assistance, in order to deliver peace dividends for the people of South Sudan. 

I wish you fruitful deliberations. 

Thank you. 

REMARKS BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) RJMEC INTERIM CHAIRPERSON DELIVERED AT PEACE DISSEMINATION MEETING ON ROME AND NAIVASHA PEACE TALKS BETWEEN RTGONU AND SSOMA 

 THURSDAY 22 APRIL 2021, JUBA, SOUTH SUDAN

The Chief Guest: H.E. Dr. James Wani Igga, Vice President of the Republic of South Sudan,

-      H.E. Dr. Ismail Wais, IGAD Special Envoy for South Sudan,

-      Hon. Minister Beatrice Khamisa Wani, Minister of Foreign Affairs and International Cooperation, Republic of South Sudan,

-      Hon. Dr. Barnaba Marial Benjamin, Minister for Presidential Affairs and Head of the RTGoNU Delegation to the Rome Talks,

-      Dr. Paolo Impagliazzo, Secretary General, Community of Sant’ Egidio, 

-      Excellencies, Ambassadors and Chargé d’Affaires

-      Cabinet Ministers

-      Generals

-      Distinguished Ladies and Gentlemen,

Good Morning!

1.    Permit me to start by congratulating H.E. Ambassador Barnabas Benjamin Marial upon his recent appointment as Minister for Presidential Affairs for the Government of South Sudan. As RJMEC, we look forward to working closely with you, and we count on your very able leadership and a wide range of experiences, to support the Presidency of the RTGoNU, to fully implement the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). 

2.    I thank H.E. Amb. Dr. Ismail Wais, the IGAD Special Envoy for South Sudan for convening this peace dissemination meeting on the Rome Initiative in Juba today. 

3.    I would like also, to acknowledge the presence of our regional and international partners here today, who have all stood by the people of South Sudan from the beginning. I thank them for always supporting RJMEC and its mandate. I therefore appeal for continued support for full implementation of the Revitalised Peace Agreement, and the pursuit of an inclusive and sustainable peace in South Sudan. I also call upon all of us here, to always stand together and support this peace process to its conclusion.

Excellencies, Ladies and Gentlemen,

4.    RJMEC has participated in the various rounds of the Rome Talks as an observer, including the recent one held in Naivasha, Kenya. I must say that so far, the various rounds of talks have been very constructive. 

5.    There is no doubt in my mind that the two parties: the South Sudan Opposition Movement Alliance (SSOMA) and the Revitalised Transitional Government of National Unity (RTGoNU) are all committed to the talks, and appear determined to pursue a peaceful path to achieve an inclusive and lasting peace in South Sudan. 

6.    So far, there has been some commendable milestones that have been achieved by the Parties, namely: 

a.            the Rome Declaration signed in January 2020;

b.            the Rome Resolution signed in February 2020;

c.             the CTSAMVM Technical Workshop on Implementation of the Rome Resolution convened in Oct. 2020;

d.            the Naivasha Recommitment to the CoHA and Rome Declaration and Resolution of March 2021; and 

e.             the Naivasha Declaration of Principles for Political Dialogue, signed March 2021.

7.    I therefore, would like to take this opportunity to congratulate the Parties and the Mediation for the progress that has been made to date. I urge them to continue and maintain the same spirit of dialogue and compromises which has made progress possible and to expedite the Talks and join the peace implementation process. 

Excellencies, Ladies and Gentlemen,

8.    As we move forward, however, there are a number of concerns that the Parties to the Rome Talks and the Mediation will have to address to ensure that the gains made so far are consolidated. They include the following:

a.            First, there is need to ensure immediate implementation of what has been previously agreed, for example the inclusion of SSOMA in CTSAMVM structures. This will help ensure adherence to the ceasefire and impartial verification of any alleged incidents of violations or non-compliance; 

b.            Second, there is need for the various SSOMA groups to resolve their internal disagreements, and to work together for the common good, in order to facilitate constructive engagements with the RTGoNU; and

c.             Third, there is need to expedite the political deliberations and conclude a speedy resolution of the root causes of conflicts to ensure they are fully addressed in the course of the ongoing reforms and the Permanent Constitution-making process.

Excellencies, Ladies and Gentlemen,

9.    In conclusion, I once again reiterate RJMEC’s full support to the ongoing Sant’Egidio facilitated Initiative for Political Dialogue in South Sudan. I am very encouraged with today’s dissemination efforts in Juba, and also the recent Naivasha round of talks, because it shows that the peace initiated by His Holiness, Pope Francis in Rome is gradually coming home to South Sudan. 

10.I would like to appeal to all the concerned parties and the mediation to make the desire for an all-inclusive peace a reality.

I thank you!

STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (rtd), INTERIM CHAIRPERSON, RJMEC TO THE RJMEC MEMBERS, March 2021 Juba, South Sudan

Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,

Greetings.

  1. Due to the present restrictions owing to the COVID-19 pandemic lockdown measures, it has been necessary to release my statement electronically. However, in our usual manner, we have been able to conduct our pre-Plenary consultations with the Parties to the R- ARCSS, the stakeholders and adherents, and the regional guarantors and international community, so I am content that your updates and concerns have been registered.

  2. At the outset, I would like to take a moment to express my condolences to the government and people of the United Republic of Tanzania at the recent passing of one of the most prominent sons and leaders of Africa, President John Pombe Joseph Magufuli, President of the United Republic of Tanzania. He was one of the most inspiring statesmen of the continent, and he will surely be missed.

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

 

Excellencies, Ladies and Gentlemen,

  1. Firstly, on governance. I am pleased to report that on 2 March 2021, the process of establishing the executive structures of all the ten state governments was completed with the appointments of the State Ministers, Advisors, Independent Commissioners and County Commissioners. However, in making these appointments, it is regrettable that the Parties to the R-ARCSS did not adhere to the 35% level of women’s representation. I encourage the Parties to the R-ARCSS to give this their full attention in the spirit of the Agreement. There is a clear need for more women to be appointed at all levels of government, especially at the state executive and legislative positions.

  2. Furthermore, appointments are yet to be made for the Transitional National Legislative Assembly (TNLA), Council of States, State Legislative Assemblies, as well as the various positions within the local governments in the three Administrative Areas of Abyei, Ruweng and Greater Pibor. I recall that the resolution of the meeting of the Presidency on Tuesday 2 February 2021 was to, among others, reconstitute the TNLA and the Council of States by 15 February 2021. I can report that these two institutions have not been reconstituted. I reiterate my appeal to the Parties to adhere to the 35% level of women’s representation in their nominations to reconstitute the TNLA and the Council of States.

  3. The mandate of the National Constitutional Amendment Committee (NCAC) expired on 22 February 2021, which means that it cannot continue with its work unless its mandate is renewed. There are also other laws which the NCAC has not yet reviewed as required by the R-ARCSS. I am aware that IGAD has written to the RTGoNU identifying it as the appropriate authority to extend the mandate of the NCAC so that it may complete its outstanding critical tasks. I urge the RTGoNU to settle this matter quickly.

  1. A reconstituted TNLA is required to enact a range of legislations critical to the ongoing implementation of the R-ARCSS. For example, the amended bills, such as the security bills and the Constitutional Amendment Bill No. 8 (2020), which were drafted by the NCAC and presented to the Minister of Justice and Constitutional Affairs are yet to be enacted into law. Also outstanding are various judicial reforms as stipulated in the Agreement. I appeal to the RTGoNU to reconstitute the TNLA to enable the enactment of the Bills into law, and expedite judicial reforms.

  2. Next, on security, since the last RJMEC monthly meeting, there has been no progress in any of the Transitional Security Arrangements issues listed in the RJMEC resolutions of the last meeting (resolutions 10 and 11 in particular). The unification of forces has stalled. Cantonment Sites and Training Centres continue to face serious logistical constraints, such as food, medicines and sufficient shelter which are lacking, and female combatants continue to lack appropriate facilities and personal hygiene items. Training of the Necessary Unified Forces (NUF) has stalled, and no graduation or redeployment plans have been announced. The lack of sufficient funding to the Security Mechanisms is a constraint, and disappointingly, the National Transitional Committee (NTC) has not submitted a progress report to the RJMEC, as requested by the RJMEC members

  3. 9. On 25 January 2021, the RJMEC Secretariat facilitated a seminar to help improve the planning and coordination capabilities of the NTC and the Security Mechanisms. The result was an agreed number of specific recommendations for action by the relevant mechanisms and authorities, which all agreed to. I call upon the RTGoNU, the NTC, and the Security Mechanisms to implement the recommendations of the January Security Seminar, including providing funding for the DDR process to avoid further delays in completing the outstanding Pre-Transitional tasks and the Transitional Security Arrangements in accordance with the R- ARCSS.

  4. 10. CTSAMVM reported an increase in violence involving armed youths and the SPLM/A-IO in the areas of Liang Cantonment Site in Maban, Unity State, and between armed youth and the SSPDF in areas around Nassir, Upper Nile State. With regard to this armed violence in Upper Nile State, I would like to commend the Joint Defence Board for moving to de-escalate the situation, and I urge them to continue taking an active role in other potential flashpoints.

  5. 11. Furthermore, I am concerned by reports that community-based conflict is on the increase. It is the responsibility of the RTGoNU, as per article 1.2.2, to restore permanent and sustainable peace, security, and stability, and I call upon the Central and State Governments to work jointly with local leaders and curb the violence. The operationalisation of the State Security Committees will be instrumental is alleviating the situation.

  6. 12. In terms of the Rome process and the political engagements with the non-signatory groups in the peace process, I can report that from 8-12 March 2021 talks were held between RTGoNU and Gen. Paul Malong and Pagan Amum Okiech of South Sudan Opposition Movement Alliance (SSOMA) in Naivasha, Kenya. The main outcomes of the talks were firstly, that the Parties recommit to the CoHA (2017), and the Rome Declaration and Rome Resolution. The Parties signed a Declaration of Principles for Political Dialogue, which sets out the principles to govern subsequent political dialogues. I look forward to the development of this dialogue, and I urge all the Parties involved to remain fully committed.

  7. 13. On Sexual and Gender Based Violence (SGBV), I understand some reports are being made to CTSAMVM about new cases. I would like to reiterate what our last meeting resolved, which was to call for continued focus on investigating, arresting, prosecuting and sentencing of perpetrators of SGBV crimes, as well as continued training and sensitisation on SGBV issues within the organised forces.

Excellencies, Ladies and Gentlemen,

14. The humanitarian situation in the country is dire. The scale of humanitarian need in South Sudan continues to rise as a result of multiple factors, including widespread sub-national violence, floods, COVID-19 related restrictions, economic challenges and acute food insecurity. In response to these needs, the humanitarian community launched the South Sudan Humanitarian Response Plan for 2021 targeting 6.6 million people with urgent life-saving assistance and protection by the end of the year.

15. Community-based violence continues to be the main issue negatively impacting humanitarian movement and operations, thereby threatening the safety of staff and assets. In the Resolution 8 of our last monthly meeting, members requested that the RTGoNU briefs the RJMEC on steps being taken to address the reported impediments to humanitarian access. I reiterate our call for this to take place as it is critical that the RTGoNU plays its central role by ensuring the safety and security of humanitarian workers, and by supporting the delivery of services by ensuring access to the people in need. Furthermore, setting up the Special Reconstruction Fund, as per article 3.2, is likewise a critical step.

16. On resource, economic and financial management, I can report that not much has been accomplished in the implementation of Chapter 4 since I last reported to the RJMEC members. However, it is encouraging to note that the Republican Decree of 18 February 2021 created an Oversight Committee which, should push forward, the audit mandated by article 4.8.1.14.5, which is described in the Agreement as an “urgent audit of the Petroleum Sector and to reconstitute and empower the National Petroleum and Gas Company to oversee negotiations with oil companies as well as the award of concessions and licenses.”

17. The steep decline in oil prices and associated loss of revenue in 2020 was challenging, but the outlook for government finances should be improving. Since the beginning of 2021, a global economic recovery and tight control of oil supply by OPEC+ has caused a rebound in the oil price. This results in a strong increase in oil revenues which will ease financial constraints, which I hope will be used on implementation of the R-ARCSS.

18. Our last meeting reiterated the need for the establishment of the Economic and Financial Management Authority (EFMA) as mandated in the R-ARCSS to report to the RJMEC on progress in implementation against provisions of the Agreement. The EFMA has not yet been established. The same meeting also requested the RTGoNU to provide an update on the status of operationalising the oil revenue funds and the different enterprise development funds, including the Youth and Women Enterprise Development Funds, as mandated under Article 4.15.1 of the R-ARCSS. We have not received this update, and I urge the RTGoNU to provide it.

19. Regarding the status of implementation of transitional justice provisions in the R-ARCSS. The Ministry of Justice and Constitutional Affairs (MoJCA) recently indicated it would give leadership to the implementation of Chapters 5 and 6, and judicial reforms, following a Cabinet-level decision to that effect. Going forward, critical steps that I await to be taken include signing of the Memorandum of Understanding with the African Union so as to establish the Hybrid Court for South Sudan. Another critical step I await to see is MoJCA undertaking public and stakeholder consultations with the people of South Sudan whose findings should be incorporated into the legislation on the Commission on Truth, Reconciliation and Healing. Lastly, I also look forward to receiving updates from the RTGoNU on what steps it is taking towards establishment of the Compensation and Reparations Authority.

20. On Chapter 6 on the Permanent Constitution-making process, the RTGoNU is mandated to initiate and oversee a Permanent Constitution-making process which is expected to be completed within 24 months into the Transitional Period. The process was initiated in January 2021 with the endorsement of the Ministry of Justice and Constitutional Affairs roadmap for implementation of the Chapter 5, Chapter 6, and Judicial Reforms by the RTGoNU Council of Ministers. As you may be aware, RJMEC is mandated to convene the workshop for the R-ARCSS Parties to agree on the details of the Permanent Constitution-making Process, pursuant to Article 6.9 of the Agreement. I am pleased to say that all the Parties and Stakeholders have now nominated their representatives to this Workshop which will be convened in May 2021.

Excellencies, Ladies and Gentlemen,

21. I conclude with the following recommendations:

  1. urge the RTGoNU to reconstitute TNLA and Council of States, to appoint members of the State Legislative Assembly, and to appoint local governments of the Administrative Areas while ensuring women’s participation is at least at the level of 35%;

  2. urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, and ensure well-coordinated DDR;

  3. urge the RTGoNU to deal with the drivers of community-based violence, and operationalise the State Security Committees to help address the conflicts;

  4. urge the RTGoNU to establish the Special Reconstruction Fund to ensure funding which would ensure their leadership of ongoing humanitarian support efforts to meet the increasing needs of the people of South Sudan;

  5. urge the RTGoNU to proceed in a timely manner with the initiation of legislation and establishment of the three Transitional Justice mechanisms.

22. As we now proceed into Easter, I hope that we all use this time as a period of reflection so that when we return from the break, we are inspired to pick up the pace of implementation of the R-ARCSS and build momentum towards its full implementation in letter and spirit. Three months from now, July, marks ten years of independence for South Sudan, and now is the time to accelerate the implementation of the Agreement so that there will be much to celebrate in a decade of independence.

I wish you all a Happy Easter. Thank you.

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. 

 

 

REMARKS BY H.E. MAJ. GEN CHARLES TAI GITUAI INTERIM CHAIRPERSON RECONSTITUTED JOINT MONITORING AND EVALUATION COMMISSION PRESENTED AT THE RJMEC JOINT NTC AND SECURITY MECHANISMS SEMINAR, JUBA, SOUTH SUDAN

Honourable Minsters;

 

Ambassadors and Representatives of the Diplomatic Community; 

Distinguished participants of the National Transitional Committee and the Security Mechanisms;

Ladies and Gentlemen,

Good morning. 

1.     It is my pleasure to welcome you all to this Seminar this morning. We at RJMEC decided to organise this Seminar in accordance with our mandate chapter 7 article 7.6 where it states that inter alia ... “in case of non-implementation of the mandate and tasks of the RTGoNU, or other deficiencies, the RJMEC shall recommend appropriate corrective action to the RTGoNU.” Therefore as peace monitors and evaluators we are obligated to oversee the implementation of the Agreement within the agreed timelines and implementation schedule. 

2.     Consequently, RJMEC decided to conduct this one-day seminar, following our assessment and evaluation, from the beginning of the Transitional Period and up to now, we have observed that there has been a significant decline in the pace of implementation of the Permanent Ceasefire and Transitional Security Arrangements (PCTSA) as envisaged in Chapter Two of the Agreement. This being a critical Chapter in the overall success of the implementation of the Peace process, raises concerns, as its failure would no doubt threat the security situation in the country and undermine the nation's hope for enduring peace in South Sudan.

3.     Permanent Ceasefire and the Transitional Security Arrangements (PCTSA) are a fundamental building block of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). The success of the implementation of Chapter Two will create the foundation upon which security of all other chapters will operate; and it is an assurance of a stable nation, as Unified Forces signifies the National Unity and a symbol of nationhood, where security forces are loyal to the Constitution and to the country with one Commander in Chief who is also the Head of State.

4.     However, RJMEC, as monitors and evaluators of the peace process, we have clearly seen that the training of the National Unified Forces has stalled. As we witnessed for ourselves on Saturday 23 January 2021 at both Maridi and Rajaf training centres when RJMEC conducted a joint field visit with the IGAD Special Envoy for South Sudan and the head of the African Union Mission in South Sudan, the IGAD Ambassadors and C5 African Ambassadors, and also including other areas that RJMEC have visited in different occasions like Mapel and others.

 5.     RJMEC’s assessment has come up with three areas that are of critical concern and will be the basis of our discussion today among others. These areas are:

 a)    Failure of cantonment;

b)    Stalling of NUF Training, graduation and redeployment; and

c)     Defections/Changes of Allegiance. 

6.     During the previous visits to the training areas, the soldier’s expectations of graduation and deployment was very high as well as their morale, as they foresaw a new dawn in their military careers. Now there are reports of morale reaching low levels in the poorly supplied Cantonment sites, and reports of trainees abandoning poorly supplied training centres in search of food. To date no graduation or redeployment plans have been published. Problems of diseases and lack of medicine and many other problems which no doubt, we will hear more about during the course of this Seminar. 

7.     Other reports indicate an increase in defections / changes of allegiance amongst some commanders and their troops which undermines the unification process.  RJMEC has made its position very clear on defections or changes of allegiance in many other occasions and has previously stated that “the Revitalised Peace Agreement in South Sudan has made commendable progress in the past two years since its signing and this must not be allowed to weaken because of instability caused by defections or accepting defections, which is contrary to the letter and spirit of the Agreement.”

8.     The aim of this Seminar therefore, is to determine the status of the PCTSA, the current and future challenges, to set priorities and to agree on solutions and proposals to keep the Permanent Ceasefire and Transitional Security Arrangements on track. I am hopeful that there will be full participation and open contributions from everyone present and we look forward to the briefings and reports from the NTC, the Security Mechanisms and the DDR Commission to enable us to take proper stock.

9.     Next month marks one year of the formation of RTGoNU, other chapters have progressed, however slowly, but chapter two seems to be the slowest yet as military we should have led the way with others to follow as our mantra!  This year, in July, marks ten years of independence, it is our hope that a strong push from all of us here and South Sudan’s political leaders will go a long way to ensuring that 11 July 2021, will see a celebration of progress in the implementation of the peace agreement. 

 I thank you. 

 

 

 

  

 

 

 

The Permanent Ceasefire and the Transitional Security Arrangements (PCTSA) are a fundamental building block of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). Its full and timely implementation is intended to underpin a stable future for the people and country of South Sudan, and it is a key part of avoiding repetition of past mistakes, and achieving a united, peaceful and prosperous society throughout the country. 

On Saturday 23 January 2021, almost one year into the Transitional Period, we, the IGAD Special Envoy for South Sudan, the representatives of Ethiopia, Kenya, Somalia, Sudan, Nigeria and the African Union Mission in South Sudan, undertook a field visit to Maridi, Western Equatoria, and Rajaf, Central Equatoria. The objective of the mission, which was organised by the Interim Chair of RJMEC, was to see for ourselves the status and conditions of the training centres, which is where troops for the Necessary Unified Forces (NUF) are trained. Establishing the NUF is the first phase of establishing an overall unified army of South Sudan.   

Unfortunately, since the beginning of the Transitional Period in particular, there has been slow progress in the pace of implementation of the PCTSA, a fact which in turn threatens the security situation, and undermines the nation's hope for peace in South Sudan. Clearly, the training of the NUF has stalled, as we witnessed on 23 January 2021 at both Maridi and Rajaf training centres. 

It is disheartening to note that a lack of food and other essential resources, such as medicines, shelter and separate facilities for women, has led to suffering of the trainees, and to some trainees abandoning the training centres. Unsurprisingly, morale in the training centres has significantly declined. We understand that a similar situation exists in cantonment sites. 

Furthermore, no NUF graduation or redeployment plans have been published to date by the Ministry of Defence or the Security Mechanisms. Based on these facts we think that the process of the unification of forces is not going in the right direction as envisaged in the R-ARCSS.

We firmly believe that the full implementation of the PCTSA is the best way to help ensure stability across South Sudan. We look to the government, and in particular the Presidency, to drive the PCTSA forward, and to engender the political will necessary across all implementing Agreement institutions and mechanisms to make up for lost time and implement the PCTSA fully in letter and spirit. 

Accordingly, we have two recommendations which we hope will help to improve the situation in the near-term. They are:

1.     Improve conditions in Training Centres by providing adequate food and other essential supplies; and

2.     Accelerate the graduation of the NUF and publish their redeployment plan.

We believe that the successful implementation of PCTSA is a guarantee to a permanent foundation of enduring peace in the South Sudan. Protracted delays and passing of time without progress is detrimental to the overall situation in South Sudan. It is high time for positive willpower and an attitude of collaboration, respect and problem-solving, which can overcome impasses. Nothing durable is built without effort and hard work, which as we know requires cooperation, consensus, coordination, concession, compromise and sacrifice to ensure success in the peace process. Increased confidence-building among the Parties will underpin these key elements.  

We are all signatories to the R-ARCSS. We look forward to the Presidency of South Sudan to give the PCTSA the full attention it merits because the stability of the country is the clearest and nearest path to prosperity for all South Sudanese people. As in the past, our countries stand ready to assist our brothers and sisters of South Sudan to achieve lasting and enduring peace. Later this year, on 9 July 2021, South Sudan will reach the milestone of ten years of independence, and there can be no better way to celebrate this than significant progress in the implementation of the R-ARCSS, including with the PCTSA.  

 

Sincerely, we the undersigned.

 

Ambassador Professor Joram Biswaro, Head of African Union Mission in South Sudan

 Ambassador Ismail Waiss, IGAD Special Envoy for South Sudan

Ambassador Hussein Mahamud, Ambassador, Embassy of Somalia

 

Mr Gamal A.M. Goraish, Chargé D'Affaires, Embassy of Sudan

Mr Ali Mambo, Counselor, Embassy of Kenya

Mr Alemayehu Chasa, Defence Attaché, Embassy of Ethiopia

 

Mr Judah Ugochukwu, Political Officer, Embassy of Nigeria

Major General Charles Tai Gituai, Interim Chairperson of RJMEC

End of Year Statement to the RJMEC Members, By H.E. Maj. Gen. Charles Tai Gituai

Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission. 15 December 2020 Juba, South Sudan

 

Excellencies, Distinguished Ladies and Gentlemen,

  1. As a challenging year draws to a close, it is an opportunity to reflect not only on where we have been, but where we are going with respect to the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This year 2020, started with some moderate progress. On 15 February 2020, the issue of the number of states and their boundaries was resolved with a decision by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, 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.

  2. However, since that time, real progress in implementation of the Revitalised Peace Agreement has been dispiritingly slow. Notwithstanding the outbreak of the COVID-19 pandemic, the full implementation of the Peace Agreement remains the single most important aspiration of the people of South Sudan. I therefore urge all the Parties, stakeholders, all partners, friends and the people of South Sudan, not to lose sight of this goal. The implementation of the R- ARCSS is important to lay a firm foundation for the conduct of democratic elections at the end of the Transitional Period.

  3. Onseveraloccasions,Ihaveurgedforthepaceofimplementationtoincrease, but this has not happened, and much of the same issues are still outstanding even as 2020 draws to a close. I will therefore set out my expectations for the coming year 2021, which I hope all Parties and partners in the Peace Agreement will approach with renewed vigour and determination. The achievement of the outstanding tasks will set the foundation for trust building, and confidence, which will contribute to sustainable peace in South Sudan.

  4. On the issue of governance arrangements, it is important that the matter of the appointment of the governor of Upper Nile State is resolved in the earliest time possible, given that it is long overdue. However, I am encouraged to learn that last week, the Presidency met and discussed the matter in an effort to find a solution. The other key outstanding governance tasks include the reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States – two critical legislative institutions of government.

  1. Under Article 1.18.1.4 the National Constitutional Amendment Committee (NCAC) is mandated to receive a list of nominees of respective parties relating to the appointment of members to the reconstituted TNLA. All Parties that have not yet submitted their list of nominees to the NCAC should do so without any further delay. Establishing and staffing the entire structures of the RTGoNU and making them operational will enhance the normal functioning of government at all levels. I would also like to urge the Parties to observe the35% level of women’s representation throughout the establishmentand reconstitution of Government structures.

  2. On the issue of transitional security arrangements, critical tasks, which were carried forward from the Pre-Transitional Period remain incomplete. It is important to fast track and complete the training, graduation and redeployment of the Necessary Unified Forces (NUF) under Phase I and also to expedite Phase II. I expect that the recent senior military leadership training conducted in Nairobi, by the United Nations Institute for Training and Research (UNITAR) in collaboration with RJMEC, will help the Parties to address the issue of unified command.

  3. Equally important to the security arrangements is the implementation of a well-coordinated Disarmament, Demobilisation and Reintegration (DDR) process. In all cases, the RTGoNU must allocate the necessary funding and resources. It is also imperative that the Strategic Defence and Security Review (SDSR) Board complete a review of the security policy framework and develop a white paper on defence and security. These will underpin reforms in the security sector in the country. Furthermore, I hope and expect that the Rome Process will contribute to a reduction in the levels and incidents of violence, attributed in part to the activities of the hold-out groups, particularly in the Greater Equatoria Region. Defections, especially of military personnel amongst the peace partners is completely unacceptable and contrary to the letter and spirit of the Agreement and must not be encouraged.

  1. On the issue of Sexual and Gender-Based Violence (SGBV), I am encouraged by the recent steps taken to curb it, including SGBV training to the forces and the operationalisation of dedicated SGBV courts. These efforts must be further strengthened in 2021.

  2. 10.On humanitarian assistance and reconstruction, I express appreciation for assistance given by all stakeholders and urge for continued support. It is important that all stakeholders adhere to the agreed principles for humanitarian assistance and reconstruction set out in Chapter III of the R- ARCSS. In this regard, I call for unrestricted access for humanitarian aid workers, removal of bureaucratic impediments, and continued efforts to address community-based and sub-national violence. In addition, there is urgent need to implement the National framework for return, reintegration and relocation of refugees and internally displaced persons. It is also important to immediately establish the Special Reconstruction Fund to pave way for the convening of the Donor Pledging Conference that will raise funds to support the implementation of the Agreement.

  3. 11.On the Economy, a lot of work still remains to be done including the need to establish the Economic and Finance Management Authority (EFMA). I welcome the commitment expressed by the Minister of Finance to align the R- ARCSS to the National Development Strategy 2018-2021. I look forward to the completion of this process, which will also clarify the financing needs of the implementation of the Agreement. I also take note of the progress being made in areas of Public Financial Management reforms in cooperation with development partners and encourage further reforms in this direction. In view of the above, I welcome the progress made by the NCAC on reviewing and amending the Public Financial Management Act and the Audit Chamber Act and I look forward to these bills becoming laws to enhance transparency and accountability .

  4. 12.With regard to the need for transitional justice, accountability, reconciliation and healing, there is need to immediately begin public consultations and make progress in establishment of the mechanisms as provided for under Chapter V of the Agreement. The participation of all stakeholders and civil society in this process will be critical and the RTGoNU should fully cooperate with the African Union Commission to expedite the establishment of the Hybrid Court for South Sudan.

  5. 13.With regard to the making of a permanent constitution, as provided for under Chapter 6 of the R-ARCSS, I am encouraged to see that consultations towards the convening of the workshop for the parties to agree on the details for the constitutional-making process have begun. I call upon all parties to engage constructively and agree on a roadmap that will make the constitution-making process inclusive and participatory, within the timeline and parameters envisaged by the R-ARCSS.

    Excellencies, Ladies and Gentlemen,

  6. 14. Let us use this Christmas season as a period of reflection. May we all recommit ourselves to the pursuit of peace and return in the new year refreshed and ready to go the extra mile. I take this opportunity to thank all RJMEC members for the cooperation exhibited in what has been a very challenging time. I also extend our commendation to the leadership of the RTGoNU and the people of South Sudan for staying the course of peace. I wish you all good health and look forward to working closely together for more progress in the year ahead. Merry Christmas and a peaceful New Year 2021.

Thank you.

Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,

Good morning.

  1. Since our last meeting, I have held numerous consultations with the Parties to the Agreement, IGAD Regional Guarantors and the International Community to discuss the status of implementation of the R-ARCSS. I also had the opportunity to meet the IGAD Chairperson, H.E. Abdalla Hamdok, Prime Minister of the Republic of Sudan, where we discussed recent developments and challenges to the implementation of the Agreement. The IGAD Chairperson took note of the progress made so far, and expressed his support for RJMEC efforts in ensuring focused and impartial monitoring and evaluation of the implementation of the Agreement. Overall, it is clear that a lot of work remains to be done.

  2. Therefore, in my statement today, I will highlight the key issues regarding the status of implementation of the Revitalised Peace Agreement since our last monthly meeting, including some recurring challenges, and I will then conclude with my recommendations on the way forward.

    Excellencies, Ladies and Gentlemen,

  1. Firstly, on governance. I take note of some progress that has been reported, particularly on the efforts by the inter-party ‘High-Level Committee for the Establishment of State and Local Government Structures and Responsibility Sharing’ in negotiating various positions at the sub-national level. I urge the Parties to fill all the various positions that have already been agreed upon and resolve the outstanding ones.

  2. In addition, the appointment of the governor of Upper Nile State remains outstanding. I have been informedon numerous occasions that negotiations between the concerned parties are ongoing. I therefore reiterate my previous appeals to the highest political leadership of the country to find compromise and appoint the governor of Upper Nile state. I am hopeful this will help address the instability in the state. The other key outstanding governance tasks include expansion and reconstitution of the Transitional National Legislative Assembly (TNLA) and reconstitution of the Council of States – two critical legislative institutions of government. Establishing and staffing the entire RTGoNU structures and making them operational will enhance the normal functioning of government at all levels. I would like also to urge the Parties to observe the 35% level of women’s representation throughout the establishment and reconstitution of Government structures.

  3. 5.Furthermore, the restructuring or reconstitution of the Commissions and Institutions provided for in the Agreement (Article 1.19) is behind schedule, in particular the Anti-Corruption Commission, the Judicial Service Commission and the National Audit Chamber. Once restructured or reconstituted, these Institutions and Commissions will promote accountability and transparency at all levels of Government. I expect to hear from the RTGoNU the progress on this matter.

  1. With regards to the chapter on the Permanent Ceasefire and Transitional Security Arrangements, my previous statement raised the issue that the unification of forces and their reorganisation into the Necessary Unified Forces (NUF), aPre-Transitional task carried forward to the Transitional Period, was behind schedule. Though I understand that there are efforts on the part of the Joint Defence Board (JDB) and the Joint Transitional Security Committee (JTSC) to graduate and redeploy unified forces from some training centres in the Equatorias, I would like to hear the plans from the JDB on graduation and redeployment of all trained unified forces.

  2. Furthermore, key questions remain as to command structures and ranks,which will require considerable reorganisation to be accommodated in the unified forces. I also expect to hear from the JDB this morning about progress in this area. The situation in both training centres and the cantonment sites continues to be of serious concern, with more recent reports from CTSAMVM indicating that food, medicines and other essential resources remain in scarce supply, resulting in some ex-combatants abandoning cantonment sites and training centres. I urge the RTGoNU to avail the adequate funding, and commit to driving the implementation of the Transitional Security Arrangements (TSA) forward at a faster pace.

  3. 8. On the issue of Sexual and Gender Based Violence (SGBV), I was pleased to note that a workshop for the SSPDF training of trainers on conflict related Gender based and sexual violence was conducted in October as part of the SSPDF Action Plan on “Addressing Conflict-Related Sexual Violence.” It is expected that the new trainees will now be able to impart the knowledge acquired to the rest of the SSPDF forces and this capacity to be further increased. I urge the JDB to follow this matter and report in the next monthly meeting on the progress. Other organised forces are also urged to do likewise.

  4. 9. Regarding the inclusion of the holdout groups into the peace process, I can report that the CTSAMVM Technical Workshop was conducted from 9 – 13 November in Rome, Italy. Its aim was to implement the Rome Resolution for the inclusion of South Sudan Opposition Movement Alliance (SSOMA) into CTSAMVM structures. I expect CTSAMVM to provide more details. I urge the concerned parties to make the most of this opportunity for peace, commit to their fullest in letter and spirit, and observe all the required timelines. I am encouraged that the parties will continue their engagement next week in Rome.

  5. 10. Disarmament, demobilisation and reintegration (DDR) for ex- combatants remains an integral part of the unification process. I welcome the technical support and assistance currently being provided by UNDP and UNMISS to the DDR Commission. However, it continues to face severe challenges which need to be addressed, and I expect to hear more on this matter from the DDR Commission. The DDR process has to go hand in hand with the unification process to train and provide alternative means of livelihood to ex-combatants that are not eligible to join the unified force.

  6. 11. It is concerning to note that community-based violence has continued since our last meeting, notably in Jonglei and Warrap. I urge the government and other stakeholders to continue their efforts in addressing sub-national conflicts through dialogue. Accordingly, I was encouraged to learn of a workshop entitled “Addressing the national security threat of armed communal violence” which was convened by the SDSR Board on the 14 and 15 October. I see this as a positive initiative, among others, in reducing levels of community-based violence in the country, the threat of which I hope none of us underestimates.

  7. 12. On the issue of defections. On 1 October, I released a statement to the press in which I said that “whether it is referred to as ‘defection’ or ‘change of allegiance’, the important point is that the Revitalised Peace Agreement in South Sudan has made commendable progress in the past two years since its signing and this must not be allowed to weaken because of instability caused by defections or accepting defections, which is contrary to the letter and spirit of the Agreement.” I am concerned by recent reports of military defections. This undermines trust and confidence in the peace process. I expect that all Parties to the Agreement view this issue with the seriousness it merits, because any action, including defections, by any party, individuals or groups detracts from the important work of peacebuilding in the country and should be condemned.

  8. 13. Resolution 9 of our last meeting requested the Parties to provide a report to RJMEC on demilitarisation of civilian areas, collection of heavy weapons, and location of forces, size and equipment. I expect to hear an update on this from the Parties. On the issue of occupation of civilian centres, according to CTSAMVM, a total of 16 are presently occupied by the SSPDF, which is contrary to Chapter 2 of the Agreement.

    Excellencies, Ladies and Gentlemen

  9. 14. Onhumanitarian issues, flooding continues to cause many difficulties. According to UNOCHA, over half of the country is affected, disrupting the livelihoods of hundreds of thousands of people. I continue to urge for humanitarian support, and express appreciation for assistance already given. Furthermore, access to the people in need continues to be hampered by bureaucratic impediments, floods, and community-based and sub-national violence. This year, eight humanitarian workers have lost their lives, including one in October, while providing aid to people in need. That is in clear contravention of Chapter 3 of the Agreement, and international humanitarian law. I would like to call upon the government to ensure a safe and secure operating environment for humanitarian workers to ensure the continued delivery of much- needed humanitarian services.

15. Since the last monthly meeting, I have requested the Ministry of Finance and Planning to update me on progress regarding the establishment of the Economic and Finance Management Authority (EFMA), Article 4.16, which is a key institution mandated “to provide an effective oversight of economic and public financial management, and to ensure transparency and accountability particularly in the oil/petroleum sector, concessions and contract award, budgetary and public expenditure, revenue collection.” I am awaiting a response about this. The EFMA is an important body which will contribute to the effective and efficient management of public finance and management in South Sudan, and one which is mandated to report to the RJMEC.

16. In terms of transitional justice, there have been some consultations between the Minister of Justice and the RJMEC Secretariat regarding the implementation of Chapter 5. The Minister is seized of the matter. However, I urge the RTGoNU to initiate public consultations on the establishment of the Commission on Truth, Reconciliation and Healing (as per Article 5.2.1.3), incollaboration with other stakeholders and civil society, which will inform the design of the legislation establishing the Commission. I also urge the RTGoNU to fully cooperate with the African Union Commission to expedite the establishment of the Hybrid Court for South Sudan (as per Article 5.1.5).

17. On the permanent constitution-making process, I would like to inform you that the preparations of the RJMEC Secretariat in convening the constitutional-making process workshop are underway. The Parties and stakeholders have been invited, some nominees have been received, and we plan to start our pre- workshop engagements next week with the Max Planck Foundation. The workshop is scheduled to be held towards the end of January 2021.

18. Regarding the RJMEC Working Committees. I am pleased to inform you that the RJMEC Working Committees have been reconstituted, and some have begun work. All RJMEC members have been assigned membership of two Working Committees, and have the option of observing a third. I thank the Minister of Justice and Constitutional Affairs for nominating his representatives, and urge the other Ministries and RTGoNU ministerial clusters to do the same. I call upon all of you to take the work of these Committees very seriously and actively participate to enable RJMEC to deliver on its mandate.

19. Finally, with regard to the Agreement timeline and delays in implementation, you may recall that in the last meeting, the RTGoNU shared with us a draft revised implementation matrix for the Transitional Period, which was neither presented nor discussed. I would like to suggest that the RTGoNU updates us on this matter.

Excellencies, Ladies and Gentlemen,

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

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

b)  Prevail on the Parties 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;

c)  Urge the RTGoNU to restructure and reconstitute the Transitional Commissions and Institutions at the national level listed at Article 1.19 of the Agreement without delay;

d) Urge the Parties to provide a report to RJMEC on demilitarisation of civilian areas, collection of heavy weapons, and location of forces, size and equipment;

e)  Urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, produce the plans for the redeployment of the NUF, and ensure well-coordinated DDR;

f)  Encourage the Organised Forces to deliver further training and sensitisation to address SGBV in all its forms

g)  Urge the RTGoNU to establish the Economic and Financial Management Authority and implement the rest of the Resource, Economic and Financial Management provisions envisaged in Chapter 4; and

h) Urge the RTGoNU to fast track the establishment of the Commission for Truth, Reconciliation and Healing, including through public consultation in collaboration with other stakeholders and civil society, and to cooperate with the African Union Commission to establish the Hybrid Court for South Sudan.

21. Finally, I expect that the pace of implementation will gather momentum, thereby building trust and confidence, making peace in South Sudan a reality.

Thank you.

Honourable Minsters,

Excellencies, Ambassadors and Representatives of the Diplomatic Community,

Distinguished participants of the conference,

Ladies and Gentlemen

 

Good morning. 

1.  I send you greetings from the interim Chairperson of RJMEC, Major General Charles Tai Gituai, who regrets he cannot be here today. It is therefore my honour to present the following statement on his behalf.

2.At the outset, I would like to take this early moment to thank H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, for  steering the peace process to this point so far. From the time of the High-Level Revitalisation Forum to the signing of the Revitalised Peace Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) in September 2018, to the establishment of the Revitalised Transitional Government of National Unity (RTGoNU) in February 2020, his leadership has been evident. The President’s decision to revert the country to ten states in February this year was a historic decision which allowed the formation of RTGoNU on a solid foundation. Furthermore, all the Parties to the R-ARCSS have played their part in this success, just like the people of South Sudan who have stood alongside their leaders in the demand for sustainable peace and the full implementation of the Agreement.

Excellencies, Ladies and Gentlemen, 

3.   This National Dialogue conference is a part of the concerted efforts towards finding solutions for the sustainable peace in this country. We must therefore all agree that the inclusion and recognition of the voices of the diverse peoples of South Sudan is of utmost importance to the peaceful future of this country. 

4.The R-ARCSS has already achieved some tangible peace dividends which must be consolidated, delays and challenges notwithstanding. Therefore, all the Parties to the agreement should seize the opportunity to continuously dialogue amongst themselves and with the people of South Sudan on how to address recurring challenges, implement all its provisions and put this country firmly and irrevocably on the path of sustainable peace and development. This is why the ability to reach and to listen to the grassroots is such an important achievement, and I hope that this conference will reveal much about how to do that.

5.  As we continue to implement the Agreement in this Transitional Period, we should appreciate just how the voices of the entire spectrum of South Sudanese society are so important and critical in the implementation. Chapter 5 on Transitional Justice, is essential to atone for crimes committed during the dark days of conflict - the “untold human suffering” that the agreement acknowledges. In this regard, expeditious establishment of the three Transitional Justice institutions will be a great leap forward and RTGoNU support on this matter is critical. Already the African Union has commenced towards the establishment of the Hybrid Court of South Sudan. 

6.  Furthermore, Chapter 6 of the Agreement on establishing the Permanent Constitution is vital, as it will lay a critical fundamental foundation for enduring peace in South Sudan. The Preamble of the Revitalised Peace Agreement duly recognises that the Parties to the Agreement are “determined to compensate our people by recommitting ourselves to peace and constitutionalism and not to repeat mistakes of the past.” Therefore, ensuring that the Permanent Constitution is a true reflection of all South Sudan’s peoples’ views of which is of paramount importance.

7.  When the Constitution-making process is fully underway, reaching communities at grass-root level and understanding the perspectives of all peoples of South Sudan, irrespective of their backgrounds or political beliefs and affiliations, will be a critical ingredient in establishing the solid foundation that Chapter 6 intends to lay. The RJMEC Secretariat will shortly be convening a workshop to push this process along, as per Article 6.7 of the R-ARCSS. In addition, a comparative study on post-conflict constitution-making processes has been conducted to inform this process, and copies are available on the RJMEC website. 

Excellencies, Ladies and Gentlemen, 

8.  In closing, I would like to say that the vision of the Revitalised Peace Agreement – to lay “the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law”– is truly laudable. I urge the National Dialogue to support the achievement of this goal through whatever ways they can, not least in the sharing of their knowledge and experience they have gained in their work. Their recommendations at the end of this conference will be of particular interest and it is RJMEC’S hope that those recommendations will bond well with the R-ARCSS. I wish all participants every success in this event.

 Thank you