Excellency Dr. Riek Machar Teny, First Vice President of the Republic of South Sudan;

Your Excellencies Vice Presidents and Chairpersons of the various Ministerial Clusters present;

Rt.Hon. Deputy Speaker of the Transitional National Legislative Assembly;

Hon. Dr Martin Elia Lomuro, Minister for Cabinet Affairs

 Hon. Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs;

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

Hon. Justice James Ogoola, Chairperson of the ad hoc Judicial Reform Committee; 

Hon. Lady Justice Joyce Alouch, Deputy Chairperson of the Judicial Reform Committee;

The media fraternity;

§  Ladies and Gentlemen, 

All protocol observed. 

Good morning.

1.   I am honored to address you all this morning on behalf of H.E Amb. Maj. Gen (rtd) Charles Tai Gituai, Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), who is unable to be with us today due to unavoidable circumstances. 

2.   As you may be aware, the RJMEC is an institution established under Chapter 7 of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), with the mandate, among others, to oversee, monitor, evaluate, and report on the status of the implementation of the Peace Agreement. 

3.   The establishment of the ad hoc Judicial Reform Committee by the RTGoNU in 2022 represented a clear commitment by the government to address the pressing need for judicial reforms in the Republic of South Sudan. The JRC was mandated by the Revitalized Peace Agreement to study and make recommendations to the RTGoNU on appropriate judicial reforms for its consideration. 

4.  The Judiciary is an important arm of government, and an effective, independent, and impartial judiciary is indispensable for dispensing justice, eradicating impunity, and achieving lasting peace, stability and democratization.

5.     We understand that this is a very comprehensive report, and that it contains a number of practicable recommendations for inter alia promoting the proper administration of justice, independence of the judiciary, strengthening customary law, and establishment of the constitutional court, in the Republic of South Sudan. 

Excellencies, Honorable Ministers, Ladies and Gentlemen,

6.   Today is therefore a very historic day, as we convene at this pivotal workshop to validate the report of the ad hoc Judicial Reform Committee (JRC). As RJMEC, we have followed very closely the important work of the JRC, from the beginning to date. 

7.   This JRC report is not just a document but it embodies the voices and aspirations of countless South Sudanese who seek a judiciary that is independent, efficient, and responsive to their needs. It also reflects their collective vision for a legal framework that upholds the rule of law and protects human rights. 

8.   As this validation process commences, let us remember that the work here has far-reaching implications, as a reformed judiciary will empower citizens, enhance accountability, and foster social cohesion in the communities in South Sudan. This is therefore an opportunity to lay the groundwork for a judicial system that not only meets the challenges of today but also anticipates the needs of future generations. It is therefore essential that the validation is approached with due diligence it deserves. 

9.   We know that a lot of grounds were covered by the JRC during this work. We take note of the many in-depth consultations undertaken during this process, the incredible amount of information obtained on the state of the judiciary and the various recommendations for reforms. 

10.   We are also seized of the many challenges the JRC encountered along the way, in particular, the insufficient funding and time pressure, which partly hampered their timely work. The final validation of its reports today is therefore a big milestone and a step forward in the implementation of the Revitalized Peace Agreement. 

11.  I want to congratulate the JRC for achieving this historic milestone. I commend the leadership of the RTGoNU, in particular Your Excellency, Salva Kiir Mayardit and your peace partners in the Presidency, for the leadership provided in the implementation of the Revitalized Peace Agreement to date, and for the support provided to the Hon. Minister of Justice and Constitutional Affairs to deliver on this mandate.

12.   We commend the IGAD Special Envoy for South Sudan, and all partners like UNDP, for supporting the JRC to successfully discharge its mandate.

13. I also thank the Hon. Chief Justice, and the Judiciary for supporting the JRC in this endeavors and hope that the recommendations obtained in this process will contribute to reforming the Judiciary into an effective, independent and impartial arm of government.

Excellencies, Honorable Ministers, Ladies and Gentlemen,

14. It is now incumbent upon the RTGoNU to adopt this report and to effectively and expeditiously implement the recommended judicial reforms to establish a first-class judiciary which is independent, impartial and capable to dispense justice to all citizens.

15. This validation is also timely, as it comes at the commencement of the new two years extension. An independent and trusted judiciary is a critical guarantor for peace and stability before, during and after elections. 

16. RJMEC is confident, that the timely implementation of the JRC report, and its inclusion in the new permanent constitution, will make the conduct of elections safer and possible at the end of this extended period.

17. I therefore want to end by congratulating their lordships, Justice James Ogoola and Lady Justice Joyce Alouch and all the members of the JRC, for their historical contribution to the establishment of this nation state, laying a foundation to a just and peaceful South Sudan.

I thank You.

END

 

 

Honourable Members, 

Ladies and Gentlemen,

Good morning!

1.   I welcome you all to the 3rd Extraordinary Meeting of the RJMEC. As you are all aware, our 38thregular plenary meeting was scheduled for 26th September 2024. However, as provided for under Article 7.12 of the R-ARCSS, RJMEC may convene extraordinary meetings as deemed necessary. This meeting is being convened at the request of the RTGoNU for RJMEC members to consider the decision of the Parties to the R-ARCSS to extend the Transitional Period of the Revitalized Peace Agreement for twenty-four months from 22nd February 2025 to 22nd February 2027.

2.   Allow me to provide some context regarding the RJMEC’s role in this regard. Under Article 7.6 of the R-ARCSS, RJMEC is responsible for monitoring and overseeing the implementation of the Agreement and the mandate and tasks of the RTGoNU, including adherence of the Parties to the agreed timelines and implementation schedule. Under Article 8.4 of the R-ARCSS “the Revitalized Agreement may be amended by the Parties, with at least two-thirds of the members of the Council of Ministers of the RTGoNU, and at least two-thirds of the voting members of the RJMEC consenting to the amendment, followed by ratification by the Transitional National Legislature”.

3.   The 1st Extraordinary Meeting of RJMEC was held almost six years ago, on 19th February 2019, to consider the budget of the National Pre-Transitional Committee (NPTC). The 2ndExtraordinary Meeting was held on 1st September 2022, during which the members consented to the  ‘Roadmap’, which extended the Transitional Period of the Revitalized Peace Agreement by two years to February 2025. 

4.   Over the last nineteen months of the implementation of the tasks provided for under the Roadmap, some progress has been registered, particularly: 

a.   Under Chapter 1 the reconstitution and operationalization of the critical election related institutions namely the Political Parties Council (PPC) and the National Elections Commission (NEC); completion of the review and amendment of the remaining laws by the National Constitutional Amendment Committee (NCAC); registration of new political parties; completion by the ad-hoc Judicial Reforms Committee of its work, and enactment by the Transitional National Legislative Assembly (TNLA) of several revised laws;

b.   Under Chapter II the completion of Phase 1 graduation of 55,000 Necessary Unified Forces (NUF), the deployment of eight (08) battalions of the army component of the NUF, as well as the appointment of 2995 non-commissioned police officers into the South Sudan National Police Service (SSNPS), and the completion of the Strategic Defense and Security Review (SDSR) draft policy documents;

c.    Under Chapter III, the revised NGO Act Amendment Bill was endorsed by the RTGoNU Council of Ministers and submitted to the TNLA, and a consolidated Durable Solutions Framework for supporting the dignified return and reintegration of IDPs and Refugees was approved by the Council of Ministers;

d.   Under Chapter IV, reforms are ongoing in the resource, economic and public finance management; the Public Procurement and Asset Disposal Authority (PPDA) has been created and is functional as required by the Agreement; several bills have been passed by the TNLA including: the Public Financial Management and Accountability (PFMA), Anti Corruption Act, the Bank of South Sudan and the Banking Acts. In addition, the Bill for the Fiscal Financial Allocation Monitoring Committee, which is to ensure transparency of allocations of national revenue to the States and Counties has been approved by the Council of Ministers and now awaits tabling before the TNLA. 

e.    Under Chapter V on Transitional Justice and Accountability, the Ministry of Justice undertook and completed a countrywide consultation which resulted into the drafting and enactment of the bills for the establishment of the Commission on Truth, Reconciliation and Healing (CTRH) and Compensation and Reparations Authority (CRA) by the TNLA, which now awaits assent of the President.

f.     Under Chapter VI- the law for the making of the permanent constitution was enacted, and the National Constitutional Review Commission (NCRC) was reconstituted and has commenced its work. The Commission has since held several orientation and training workshops, and developed and adopted all its internal governing instruments. 

5.  However, despite the aforementioned progress, some very critical tasks remain pending. These include enactment of the Petroleum related bills, the Audit Chamber, and the NGO Bills; the finalization and implementation of the Judicial Reform Commission (JRC) reports; the completion of Phase I and commencement of Phase II unification of forces, and the Strategic Defence and Security Review (SDSR) and Disarmament Demobilization and Reintegration (DDR) processes; establishment and operationalization of the  Commission for Truth Reconciliation and Healing (CTRH) and Compensations and Reparation Authority (CRA); the making of the Permanent Constitution, and ensuring sufficient preparation for the conduct of elections. 

6.  As RJMEC, we have repeatedly expressed our concerns over the slow pace and limited progress in completing the critical requirements for elections, and the lack of sufficient funding for the implementation of the  Agreement. In March this year, we requested the Parties to the R-ARCSS to dialogue on the way forward to ensure the conduct of free, fair, and credible elections in a timely manner as per the Roadmap, but despite all the pressure put, the response has been slow to come out in an appropriate time frame. However today, the RTGoNU will shortly brief you on the process and outcome of the interparty dialogue and the decisions that have been made by the Parties as a way forward to elections. 

7.   As RJMEC, our primary concern has been the lack of dedicated and predictable funding in this peace process. Therefore, any extension, without guaranteed funding, is not likely to result in a successful outcome. I therefore call upon the RTGoNU to demonstrate to RJMEC members, how funding in particular, and the other recurrent challenges that have held back the implementation of the R-ARCSS in the past will be remedied to ensure that the critical pending tasks will be completed and elections held as promised.

8.   I therefore invite all of you RJMEC voting members, pursuant to Article 8.4 of the R-ARCSS, to deliberate and pronounce yourselves on the Parties’ decision, which calls for amendment of Article 1.1.2 of the Revitalized Agreement, to further extend the Transitional Period from 22ndFebruary 2025 to 22nd February 2027. 

9.   I wish you fruitful deliberations.

I Thank You.

-       President of the UN Security Council,

-       Distinguished Members of the Council,

-       Excellencies,

-       Distinguished Ladies and Gentlemen.

Mr President,

1.    I congratulate you and the Republic of Sierra Leone for assuming the presidency of the Security Council this month. May I also thank you for inviting the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to address this esteemed Council.

2.    RJMEC is the official oversight body responsible for overseeing, monitoring and evaluating the status of the implementation of the 2018 Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan.

3.    Next month, South Sudan marks six years since the signing of the Revitalised Agreement, its longest period of relative peace and stability since independence in 2011. However, since then, the pace of implementation has been slow.

4.    Despite the extension of the Transitional Period by 24 months, key tasks such as completion of the unification of forces, making of the permanent constitution, and various elections-related preparatory tasks are still outstanding.

5.    My briefing today builds on previous RJMEC reports to this Council, and will therefore highlight our assessment of the status of implementation of the Revitalised Peace Agreement.

Mr President,

6.    In terms of governance, the Executive and Legislature have continued to convene regularly and discharge their respective mandates at the national and state levels.

7.    In preparation for elections, the Political Parties Council has adopted a Code of Conduct, and registered 29 political parties, but concerns exist regarding the procedures followed, and the registration fees. The National Elections Commission has reconstituted the State level High Committees, but there are concerns about criteria used, and gender representation.

8.    With regards to the prospects of elections, an inter-party Committee reviewed the Roadmap implementation, and submitted its report to the Principals, who met yesterday, 13 August. In response, the Parties to the Agreement by consensus have tasked the relevant institutions and the inter-party Committee to develop a realistic timetable for elections. It is expected that the timetable will be accompanied by a budget and guaranteed funding.

9.    In terms of the Transitional Security Arrangements, the permanent ceasefire continues to hold, which is commendable. Approximately 55,000 of the 83,000 Phase 1 Unified Forces were trained and graduated. Since then, eight battalions of the army component have been deployed, with the remainder still not yet deployed.

10.    In addition, 2,995 non-commissioned police officers of the Unified Forces were recently appointed into the South Sudan National Police Service and await deployment. Phase 2 training of the Unified Forces and the Disarmament, Demobilisation and Reintegration process have yet to commence.

11.    Regarding the ongoing Nairobi talks, also known as Tumaini Initiative, the Revitalised Agreement Parties have directed that outcomes should align with the Revitalised Peace Agreement.

12.    On humanitarian affairs, the situation in the country remains challenged by food insecurity, flooding, and the influx of refugees and returnees from Sudan. Importantly, the Special Reconstruction Fund provided for in the Agreement, intended to mobilise resources to support humanitarian and reconstruction efforts in South Sudan, has not yet been established.

13.    The resource, economic and financial management reforms continue, albeit at a slow pace. On the other hand, the economic situation continues to worsen, compounded by a reduction in oil revenue. Much of the population is in distress due to rising commodity prices, a decline in the value of the South Sudan Pound, and reduced purchasing power.

14.    The bills for the establishment of the Commission for Truth, Reconciliation and Healing and the Compensation and Reparation Authority, are still in Parliament. These institutions are intended to drive forward the much-needed process for reconciliation and healing in South Sudan.

15.    In terms of the Permanent Constitution making process, the National Constitutional Review Commission has made strides to enhance its internal readiness. However, key tasks, which include civic education and public consultations, have not substantively begun.

Mr President,

16.    The main challenges in the implementation of the Revitalised Peace Agreement include insufficient political will, trust deficit among the Parties, capacity gaps, and persistent levels of intercommunal violence in the states. Furthermore, all the Agreement institutions and mechanisms have insufficient and unpredictable funding which is hampering their work.

17.   Nonetheless, the Revitalised Agreement has contributed to relative peace, inclusive governance structures, and the ongoing legal, security and economic reforms. It is evident that the Revitalised Agreement remains the most viable blueprint and transformative framework for achieving enduring peace and prosperity.

18.  I therefore appeal to this Council to remain seized of the peace process in South Sudan and to encourage the international community to mobilise resources and political support for full implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan. I Thank You. 

-      Honourable Ministers, 

-       Excellencies, 

-       Ladies and Gentlemen,

Good morning!

1.   I welcome you all to the 37th plenary meeting of the RJMEC. Since we last met, South Sudan has marked its thirteenth independence anniversary. It was encouraging that H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, in his address marking Independence Day, assured the people of South Sudan that his government will leave no stone unturned in the pursuit of tangible peace and prosperity.

2.   The work of building the Republic of South Sudan continues, with elections scheduled this December, in accordance to the Roadmap. However, as I noted in the last statement to this plenary, very little clarity exists regarding the position of the RTGoNU and the Parties over the conduct of elections, and implementation of critical elections related tasks remain outstanding. We meet today with this still being the case. 

3.   My statement will therefore focus on the status of implementation of the Revitalised Peace Agreement as per the Roadmap since our last plenary meeting, highlighting recent developments chapter by chapter, critical pending tasks, and concludes with recommendations.

Excellencies, Ladies and Gentlemen,

4.   Under governance, the RTGoNU Council of Ministers and the reconstituted Transitional National Legislature have continued to convene regularly and discharge their respective mandates. In July 2024, the reconstituted Transitional National Legislative Assembly (TNLA) passed some pieces of legislation, including the National Security Service Bill 2024, the National Bureau of Statistics Act 2018 (Amendment) Bill 2024 and the Anti-Money Laundering and Counter-Terrorist Financing Act 2012 (Amendment) Bill 2024.

5.   However, the issue of the National Security Services Bill 2024 is concerning. This Bill was passed by the TNLA with the contentious provisions, Articles 54 and 55, retaining the powers of the National Security Services to arrest without a warrant and detain suspects. It was subsequently forwarded to the President for assent, who I understand requested a legal opinion from the Ministry of Justice and Constitutional Affairs. I would like to hear an update from the RTGoNU on the status of the Bill.

6.   Regarding the inter-party dialogue, the High Level Standing Committee of the Parties Signatory to the R-ARCSS confirmed that it had submitted its review of progress on the implementation of the Roadmap to the Presidency, which is expected to pronounce itself on the way forward. I request the RTGoNU to provide an update on this matter. 

7.   In terms of preparations for the conduct of elections as scheduled, since our last meeting, I am informed that the National Elections Commission (NEC) has conducted an induction of its newly reconstituted States High Committees. However, some concerns were raised regarding the process by which the list of the members of the High Committees was derived, and a lack of adherence to the 35% minimum threshold of women’s representation.

8.   According to the R-ARCSS, the NEC was expected to complete and publish the voter register within six months prior to the holding of elections, a deadline that has already passed. I await an update from the Chair of the NEC.

9.   I would like to underscore the importance of proper preparations and funding of the Political Parties Council (PPC) and the National Elections Commission (NEC), so that they can discharge their mandates.

10.               The High-Level Mediation for South Sudan, also known as the Tumaini Initiative, has been taking place in Nairobi, Kenya. The talks were launched with the goal of mediating between the RTGoNU and the Non-Signatory Opposition Groups in order to bring them into the peace process. We await an update from the RTGoNU about the status of these talks.

11.               Regarding judicial reforms, there has been no further progress towards the finalisation and handover of the report of the ad hoc Judicial Reform Committee (JRC). Judicial reforms mandated by the R-ARCSS include: (a) the review of the Judiciary Act; (b) building the capacity of judicial personnel and infrastructure; (c) reconstitution of the Judicial Service Commission; and (d) establishment of an independent, impartial and credible Constitutional Court.

12.               With regard to the 35% minimum threshold of women’s representation in the executive and other decision-making bodies as stipulated in the Revitalised Agreement, I would like to underscore that whenever a female incumbent is to be replaced, the Parties to the Agreement are encouraged to pay due consideration to this requirement.

Excellencies, Ladies and Gentlemen,

13.               The Permanent Ceasefire continues to hold. However, sporadic episodes of intercommunal violence, such as in Unity, Jonglei, and Lakes State, continue to be concerning. Furthermore, this is compounded by some security-related incidents in Juba. In Central Equatoria State, CTSAMVM reports indicate an increase in the abduction of youth allegedly by NAS of Gen Thomas Cirillo. I would like to hear from the JDB about efforts in addressing these security issues.

14.               On the Transitional Security Arrangements, there has been little progress regarding the deployment of the remaining Phase I graduates and the commencement of Phase II Necessary Unified Forces (NUF) training. On 16 July 2024, the Inspector General of Police issued an order for the appointment into the South Sudan National Police Service of 2995 Non-Commissioned Officers, who are part of the NUF, currently stationed at the Rajaf Training Centre. However, it is not clear when the officers will be commissioned and deployed. 

15.               All the security mechanisms report lack of funding as the main obstacle to the full deployment of the graduated forces, and the commencement of Phase II training for the NUF. As troops wait in Training Centres and Cantonment Sites, they lack food, medicines, shelter and clean water. As a result, most troops have left their bases in search of food and other necessities. Also pending is the finalisation of the unification of the middle command echelon of the NUF. I request the RTGoNU and the JDB to update this plenary on the latest developments on this matter. I would also request confirmation from the JDB regarding the deployment of two additional battalions of NUF, as recently reported by CTSAMVM.

Excellencies, Ladies and Gentlemen,

16.               With regard to humanitarian affairs, the situation in the country remains challenged by food insecurity, and the influx of refugees and returnees from Sudan, which has now reached over 750,000, according to UNOCHA. The situation is expected to be exacerbated by floods which are projected to affect up to 3.3 million people country wide, 1.8 million of whom are children. However, with the Humanitarian Response Plan funded at only around 20%, there is a need for concerted effort and more funding from the RTGoNU and partners to manage the crisis.

17.               Concerning Chapter 4 on the management of economic and financial resources, in light of the global economic downturn, the work of restoring sustainable peace in South Sudan is made much harder by the negative impact on the population of increasing commodity prices, the declining South Sudan Pound, and reduced purchasing power. It is important therefore for the RTGoNU to prioritise public financial and economic management reforms as set out in Chapter 4 which address these challenges, among others.

18.               Though the laws governing the Bank of South Sudan and those of other bank and non-bank institutions have been passed, the relevant regulations for these institutions need to be developed, in accordance with Article 4.2.2.2 of the R-ARCSS, which states that the Bank of South Sudan shall “be responsible for formulating monetary policy, promoting price stability, issuing currency, regulating the financial sector, and performing other functions conferred upon it by the law.” Doing so would strengthen the financial system, thus enabling the Central Bank to perform its primary function of maintaining price stability. 

19.               Furthermore, Public Financial Management practices need to be brought in line with the resource, economic and financial management provisions of the Revitalised Peace Agreement, notably on public expenditure, borrowing and public finance management.  For example, I would urge that the payroll biometric system is finalised as a way of streamlining the payment of all government employees, as per Article 4.12.1.2 of the R-ARCSS.

20.           Similarly, strengthening and resourcing the oversight institutions, the Anti-Corruption Commission and the National Audit Chamber, as well as operationalising the Public Financial Management and Accountability Act 2024, will help South Sudan achieve sustainable development by promoting accountability and transparency.

Excellencies, Ladies and Gentlemen,

21.          Regarding transitional justice, the Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) remain with the TNLA, and they have passed their third readings. I urge the TNLA to expedite their enactment.

22.         In terms of the permanent constitution making process, there is no significant progress to report since our last plenary. As you may recall, in our last meeting we welcomed the disbursement by the RTGoNU of the SSP equivalent to US $800,000 to the reconstituted National Constitutional Review Commission (NCRC) to commence its activities. We therefore look forward to receiving an update from the Chairperson of the NCRC on progress it has made in terms of its mandate and the permanent constitution making process.

Excellencies, Ladies and Gentlemen,

23.       RJMEC has held a number of important engagements, here in Juba and within the region on the status of implementation of the R-ARCSS. I recently met H.E. Dr Riek Machar, First Vice President, as well as H.E. Hussein Abdelbagi, Vice President, on issues related to the implementation of the Revitalised Agreement. Additionally, I met the Chief Mediator of the Tumaini talks in Nairobi to discuss the peace process.

24.               Earlier this week, I briefed the TNLA as per Article 7.9 of the R-ARCSS on the second quarterly RJMEC report of 2024, the focus of which was on the status of implementation of the Revitalised Peace Agreement, including the constitution making and election processes, the continuing challenges facing implementation, and recommendations. The briefing was welcomed, and the report was committed to the Committee for Peace and Reconciliation for further consideration.

Excellencies, Ladies and Gentlemen,

25.    In view of the aforementioned, RJMEC has the following recommendations to the RTGoNU:

a.   the Principals of the Parties to urgently consider the report of the High Level Standing Committee and provide clarity on the way forward for the Peace Agreement;

b.   provide the Agreement institutions and mechanisms with the requisite resources and logistics to enable them to discharge their mandates; 

c.    complete the redeployment of the unified forces, including the unification of the mid-level command echelon, and commence Phase II training and the DDR; and

d.   expedite the passage of the National Audit Chamber Act, which was submitted to the TNLA in November 2022, to promote transparency and accountability in public service and administration. 

Excellencies, Ladies and Gentlemen,

26.               In conclusion, with barely five months left before elections as scheduled in the Roadmap, the lack of adequate elections preparedness and the lack of progress in the unification of forces is causing anxiety among the population of South Sudan, which is already under pressure from the current difficult economic situation. It is important, therefore, that the Principals of the Parties to the Agreement meet, consider the report of the High Level Standing Committee, and provide clarity on the way forward.

I wish you fruitful deliberations.

I Thank You!

 

  TO THE RECONSTITUTED TRANSITIONAL NATIONAL LEGISLATIVE ASSEMBLY, JULY 2024, JUBA, SOUTH SUDAN

 

-     Rt Honourable Speaker,

-     Rt Honourable Deputy Speakers,

-     Honourable Members,

-     Distinguished Ladies and Gentlemen.

Good morning.

1.    I welcome this opportunity for the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to brief this august Assembly on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

2.    This briefing is pursuant to Article 7.9 of the Revitalised Peace Agreement which mandates RJMEC to, among others, report quarterly on the status of implementation of the Agreement, followed by detailed briefings to the Executive of the Revitalised Transitional Government of National Unity (RTGoNU) and its Council of Ministers and the reconstituted Transitional National Legislative Assembly (TNLA). 

3.    Furthermore, RJMEC is mandated to brief the Chairperson of the IGAD Assembly of Heads of State and Government, the Chairperson of the IGAD Council of Ministers, the Chairperson of the African Union Commission, the Peace and Security Council of the African Union, the United Nations Security Council and the Secretary General of the United Nations.

4.    Recently, South Sudan marked the thirteenth year anniversary since independence in 2011. Independence Day is always an important milestone to note because it brought to an end the years of struggle so that the world’s newest nation may enjoy the fruits of freedom, including lasting peace, stability and development. At the end of this year, in December 2024, according to the Revitalised Peace Agreement, and the Roadmap, elections are due to be held, an event long-desired by the people of South Sudan where they may freely choose their leaders. 

5.    This briefing is a summary of the RJMEC Quarterly Report covering the period from 1st April to 30th June 2024, and highlights the slow progress made in implementation of the Revitalised Peace Agreement, critical pending tasks, and challenges. It will note that while some progress has been made in establishing the key institutions charged with the conduct of the constitution-making and elections processes, a lot remains to be done to fully equip them to carry out their mandates for the conduct of free, fair and credible elections. It is hoped that the dialogue by the Parties to the Agreement should help bring clarity on the best way forward.

Right Hon. Speaker, Honorable Members,

6.    Under governance, some progress was made during the quarter. In terms of elections preparedness, the National Elections Commission (NEC) confirmed that it received the SSP equivalent of US $15 million from the RTGoNU as part of the pre-elections budget. Subsequently, the NEC has been able to undertake some preparatory activities, and in June 2024, it reconstituted the State Elections High Committees at the sub-national levels. However, the list of the Committees has been contested internally by some of the members of the Commission. There are also concerns that the list does not adhere to the 35% minimum threshold for women membership.

7.    The Political Parties Council (PPC) received the SSP equivalent US $5 million from the RTGoNU to enable it to commence preparatory activities. It should be recalled that in February 2024, the PPC commenced the registration of political parties, and in June 2024, announced the cut-off date was end of June 2024. As of 27 June 2024, some 29 political parties are registered, though there is still discontent about US $75,000 registration fee.

8.    During this reporting period, this august House passed the Public Finance Management and Accountability Act 2021 (Amendment) Act 2024, which now awaits assent by the President. Several amendment bills are still before this House, including the National Audit Chambers Act 2012 (Amendment) Bill, 2022 and the Tourism Bill 2024. It is hoped that these Bills are dealt with in a timely manner.

9.    It is encouraging to note that the RTGoNU Council of Ministers endorsed the NGO Act 2016 (Amendment) Bill 2024, which seeks to streamline the operations of NGOs and improve on their registration and regulations. 

10. At the end of June, the High-Level Standing Committee completed its review of the Roadmap with a view to determining the best way forward given the time remaining before the holding of elections and prepared a report with recommendations, which it submitted to the Presidency for consideration.

11. In Nairobi, Kenya, on 9 May 2024, the High-Level Mediation for South Sudan, also known as the Tumaini Initiative, was launched with the goal of mediating between the RTGoNU and the Non-Signatory Opposition Groups in order to bring them into the peace process. The High-Level Mediation has also included discussion on the root causes of the conflict in South Sudan and seeks to recommend appropriate constitutional, legal and policy reforms that will help restore lasting and sustainable peace in the country. 

12. The Tumaini draft consensus negotiating document generated concerns, including from the First Vice President, H.E. Dr Riek Machar, over its lack of focus, duplication of the R-ARCSS provisions, and for purporting to replace the R-ARCSS. These concerns were addressed to the Tumaini Mediation with a clear call to anchor the mediation within the framework of the Revitalised Peace Agreement, and to ensure that its outcome would complement its full implementation, as opposed to any attempt to replace it.

13. With reagrds to the National Constitutional Amendment Committee (NCAC), it has successfully concluded its mandate, having reviewed and drafted amendments to 24 pieces of legislation, as its mandate. It has handed over all the amendment bills to the Minister of Justice and Constitutional Affairs. The role of this august House in enacting 16 of the reviewed Bills so far is commendable.

14.  In terms of the judicial reforms process, the ad hoc Judicial Reform Committee (JRC) has completed its work, and drafted a report with recommendations for judicial reforms. However, the scheduled stakeholders’ validation and official handover of the Report to the RTGoNU remains pending. Judicial reforms mandated by the R-ARCSS include: (a) the review of the Judiciary Act; (b) building the capacity of judicial personnel and infrastructure; (c) reconstitution of the Judicial Service Commission; and (d) establishment of an independent, impartial and credible Constitutional Court. RJMEC has urged the RTGoNU to expedite the conclusion of the JRC’s final report to pave the way for judicial reforms.

15. During the reporting period, the Permanent Ceasefire continued to hold with no major clashes among the forces of the signatory Parties. However, clashes between the South Sudan People’s Defence Forces (SSPDF) and the hold out group National Salvation Front (NAS) of Gen Thomas Cirillo were reported in Mundri East County, Western Equatoria State, and in some parts of Central Equatoria State.

16. Concerning the Transitional Security Arrangements, there has been very little progress since the last RJMEC briefing. CTSAMVM reported that on 19 April 2024, the Joint Defence Board (JDB) deployed two battalions of the army to Malakal and Bentui, which in addition to the 6 battalions that were deployed in 2023, brings the total number of Necessary Unified Forces (NUF) battalions deployed so far to eight. On Phase II training, there is no evidence of any preparations, nor has funding been availed for the DDR Commission and Security Mechanisms.

17. With regards to the unification of the second command echelon of the NUF, the SPLM/A-IO and SSOA submitted lists of the names of their officers to H.E. Salva Kiir Mayardit, President of the Republic of South Sudan. The SPLM/A-IO and the SSOA are still awaiting the President’s response. 

18. The SDSR Board has completed the validation of the five documents of the Strategic Defence and Security Review process, namely the Strategic Security Assessment, Security Policy Framework, Revised Defence Policy, the White Paper on Defence and Security, and the Security Sector Transformation Roadmap. These documents are yet to be presented to the Party leaders for their approval.

Right Hon. Speaker, Honorable Members,

19. Regarding humanitarian assistance and reconstruction, the humanitarian situation in the country continues to worsen through increasing food insecurity and malnutrition, especially among populations that are already acutely food insecure. The situation is expected to further worsen with the cumulative effects of the deteriorating economic situation, diminishing funding, intercommunal violence, continued influx of refugees and returnees from Sudan, climatic shocks, disease outbreaks and anticipated flooding. The passing of the NGO Act 2016 (Amendment) Bill 2024 by this august House and its subsequent operationalision is expected to play a critical role in creating a more conducive working environment for NGOs in South Sudan, thus improving access to those in need.

20. According to the Relief and Rehabilitation Commission (RRC), by the end of April 2024, about 655,000 returnees from Sudan were registered in South Sudan through various open border points, though the transit centres, especially Renk, lack basic needs, including shelter from the heat and rain. 

21. The RRC has attributed the slow return, relocation, and reintegration processes to the delayed establishment of the Special Reconstruction Fund (SRF). It is worth noting that the slow implementation of Chapter III affects inclusivity, fairness, and meaningful participation of citizens, especially women who make up the majority of the IDPs, returnees, refugees and populations in need.

22. In terms of resource, economic and financial management the Public Procurement and Asset Disposal Authority (PPDAA) has been created and is almost fully functional as required by Article 4.6.1.1 of the R-ARCSS. This Authority should control and regulate public procurement and the disposal of public assets in a manner that is transparent, fair, honest, cost-effective and competitive. However, the institution is challenged by the absence of the Procurement Regulations, which is yet to be approved by this House. Another challenge is the lack of cooperation from some Ministries, agencies and departments of government to comply with the PPDAA in setting up procurement committees in their institutions.

23. The Fiscal and Financial Allocation Monitoring Commission Bill, which is to ensure transparency of allocations of national revenue to States and Counties, has been approved by the Council of Ministers and now needs to enacted by this House. Separately, the Public Financial Management and Accountability (PFMA) Bill was passed by this House and awaits assent by the President.

Right Hon. Speaker, Honorable Members,

24. Under transitional justice, accountability, reconciliation and healing, RJMEC noted that the draft Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) are before this august House for enactment.

25. Under the parameters of permanent constitution, during this reporting period, the reconstituted National Constitutional Review Commission (NCRC) received the SSP equivalent of US $800,000 to facilitate its work, and has since adopted all its revised internal governing instruments. The Commission awaits a political decision on the timelines, given the Roadmap schedule for the end of the Transitional Period.

26. The RJMEC, as the commission that is mandated by the Agreement to oversee, monitor and evaluate the implementation of the Agreement, has continued to have its leadership engaging regularly with the RTGoNU Executives, the Parties to the Agreement, institutions and mechanisms implementing the R-ARCSS and different South Sudanese stakeholders and adherents. The Parties to the Agreement were urged to continue to dialogue in good faith towards consensus in order to provide clarity on the best way forward with respect to the implementation of the agreement and the critical issue of the holding of elections at the end of the transition period.

27. RJMEC leadership, additionally held a number of important engagements in Juba and within the region on the status of implementation of the R-ARCSS as well as challenges facing its implementation, including observer status in the Nairobi talks. The leadership also briefed and updated H.E. Cyril Ramaphosa, President of the Republic of South Africa and Chair of the African Union High-Level Ad Hoc Committee for South Sudan (C5), the Facilitation Support Team for the South African Special Envoy to South Sudan, H.E. Dennis Francis, President of the UN General Assembly, H.E. Gen. Abubaker Jeje Odongo, Foreign Minister of Uganda, a visiting delegation of the AU Peace and Security Council and non-resident Ambassadors of Belgium and South Korea. These high-level personalities were briefed on the progress, challenges and opportunities and possible interventions towards implementation of the Agreement.

Right Hon. Speaker, Honorable Members,

28. In RJMEC’s assessment, there has been insufficient progress made in implementation of the R-ARCSS during the reporting period. Key tasks, such as the permanent constitution making, preparations for elections, and the unification of forces, remain largely at the same stage as they were at the end of the previous quarter. 

29. Failure to move forward on these key aspects of the implementation hinders the holding of elections, scheduled for December 2024. However, while it is encouraging that at least partial funding has been availed to the NEC, PPC and NCRC, key institutions that will play major roles in the constitution and election processes, more resources are needed. It is important to stress the need for a people led and a people owned permanent constitution made in accordance with provisions of the Constitution Making Process Act 2022, as the basis to guide the conduct of a credible free, fair and peaceful election at the end of the Transitional Period. With that in mind, it is hoped that the Tumaini Initiative can make progress in bringing the hold out groups into the peace process, enhancing the prospects of sustainable peace in South Sudan.

30. The recommendations which follow, are aimed at encouraging a faster pace of implementation of the R-ARCSS and will better prepare the country for the upcoming elections, if acted upon.  

a.  To the Parties to the Agreement and Relevant Stakeholders:

1.1.      engage in dialogue in the spirit of collegiality on the best way forward for the holding of elections and provide a detailed plan to the people of South Sudan on the implementation of the Roadmap; and 

1.2.      embrace the Tumaini Initiative as a means of bringing in the holdout groups into the Revitalised Peace Agreement in the spirit of inclusivity and furthering the prospects for peace in the country.

b. To the RTGoNU:

1.3.      seize this constitution-making moment given the importance of a people-led and a people-owned permanent constitution, as the basis to guide the conduct of credible free, fair and peaceful elections; 

1.4.      avail requisite funding, in a timely manner, to the NCRC to enable the effective discharge of its mandate in overseeing the making of a Permanent Constitution;

1.5.      create an enabling civic and political space for citizens’ participation in governance;

1.6.      expeditiously undertake, through the NEC, elections-related activities listed in Article 1.20.8 of the R-ARCSS; 

1.7.      provide, as a matter of urgency, all the resources necessary to complete redeployment of the remaining NUF, and in addition complete unification of the command structure so that the country can have a unified force with a national character under one Commander-in-Chief; and

1.8.         pursue establishment of the SRF and Board with a view to helping to address the ongoing humanitarian crisis in the country.

c. To the TNL:

1.9.         expedite the enactment of all pending bills, including the NGO, CTRH and CRA Bills; and

1.10.      support the process of providing the requisite funding for the constitution and election making processes by passage of the necessary supplementary spending and budget bills to secure funding for their operationalisation.

31. In conclusion, with elections scheduled for December 2024, it is hoped that the dialogue by the Parties to the Agreement will bring clarity on the best way forward. It is important to underscore that while some progress has been made in establishing the key institutions charged with the conduct of the constitution-making and elections processes, a lot remains to be done to fully equip them to carry out their mandates. 

32. Similarly, the level of resources made available to these institutions fall well short of their proposed budgets, further hindering their ability to complete the required tasks in line with the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan.

I Thank You!

 

 


-      Honourable Ministers, 

-      Excellencies,

-      Ladies and Gentlemen,

Good morning.

1.   I welcome you all to the 36th plenary meeting of the RJMEC. This plenary is an important platform for all of us, as the peace oversight body, to regularly take stock of progress, or lack thereof, in the implementation of the Revitalized Peace Agreement, to receive reports from the RTGoNU and from the different Agreement institutions and mechanisms, and to recommend appropriate remedial measures. 

2.   I therefore take note that, very little clarity exists regarding the position of the RTGoNU and Parties over the  the conduct of elections as scheduled in December this year. Also, critical election related tasks remain outstanding. However, I am aware that the High Level Standing Committee of the Parties on the Implementation of the R-ARCSS have been meeting. We look forward to RTGoNU’s update on this matter.

3.   The aforementioned notwithstanding, our regular plenary meeting is an important platform to encourage the RTGoNU and the Parties to exert more efforts to register progress. I therefore appeal to all RJMEC members to remain seized of our mandate and to use these regular meetings to proactively engage with the RTGoNU, the Parties and the implementation mechanisms to expedite the pace of the R-ARCSS implementation. 

4.   My statement today will focus on the status of implementation of the Revitalized Peace Agreement as per the Roadmap since our last plenary meeting, and highlight recent developments chapter by chapter, critical pending tasks and concludes with recommendations.

Excellencies, Ladies and Gentlemen,

5.   Under governance, it is encouraging to note that the RTGoNU Council of Ministers has endorsed the revised NGO Act 2016 (Amendment) Bill 2024. The Bill seeks to streamline the operations of NGOs, and improve their registration and regulations. This is a welcome development. The subsequent step is for the Bill to be presented to the TNLA for its consideration. 

6.   With regard to the ad-hoc Judicial Reform Committee (JRC), the  validation and official handover of their report to the RTGoNU remains pending. I reiterate RJMECs appeal to the RTGoNU to expedite the conclusion of this process.

7.   On preparations for the conduct of elections as scheduled, RJMEC had requested the Parties in March to engage in a dialogue so as to reach consensus on the way forward. With less than six months to the elections as per the Roadmap, time is fast running out and a number of critical election related tasks remain pending. There are reports that the National Elections Commission (NEC) has made some progress with regards to the reconstitution of the State Elections High Committees. The Chairperson of the NEC will provide further update on this matter and on the status of its work. 

Excellencies, Ladies and Gentlemen,

8.      Regarding the Permanent Ceasefire, the ceasefire is still holding despite the reported increase of abductions of youths by NAS in Central Equatoria State and some insecurities along the roads. Since the last meeting, CTSAMVM has submitted seven violation reports to the RJMEC. I wrote to the SSPDF Chief of Defence Forces’ calling for immediate action on the violations as per CTSAMVM’s recommendations. The JDB is requested to update this meeting on the status of actions taken to remedy the violations.

9.      On the Transitional Security Arrangements, RTGoNU is requested to update this meeting on the status of the mid- and lower-levels command, following the submission by both SPLM/A-IO and SSOA of their lists of officers. In addition, I request updates from the JDB on the completion of redeployment for Phase I, plans for the commencement of Phase II, SDSR process and the DDR respectively.

10.  RJMEC remains concerned with reports of continuing inter-communal violence in different parts of the country, including latest incidents in Ruweng Administrative Area and Unity States.

Excellencies, Ladies and Gentlemen,

11.  With regard to humanitarian affairs, the situation in the country remains challenging and is expected to worsen with  the anticipated flooding and decrease in relief support. The Relief and Rehabilitation Commission (RRC) continues to decry the conditions in and around the main transit centre in Renk, Unity State where returnees lack basic needs, including shelter from the heat and rain. 

12.  The Relief and Rehabilitation Commission attributes the slow return, relocation, and  reintegration processes to delayed establishment of the Special Reconstruction Fund and its Board.  In that regard, I appeal to the RTGoNU and peace partners to come to the aid of the affected persons who are in dire need. 

13.  In addition, the Relief and Rehabilitation Commission is finalising the consolidated National Framework for Durable Solutions for refugees, internally displaced persons, returnees, and host communities. The Framework will be a useful tool for resource mobilisation and coordination. 

Excellencies, Ladies and Gentlemen,

14.  With regards to the management of economic and financial resources, the TNLA recently passed the Public Finance Management and Accountability Amendment Bill 2024, which awaits assent by the President. The RTGoNU has also made inroads in building the domestic private sector through strengthening Micro, Small and Medium Enterprises (MSMEs) among rural populations and the urban poor in some States by increasing access to finance and capacity building. 

15.  However, there is need for strengthening the South Sudan Business Forum to enable it to support the review and implementation of the Private Sector Development Strategy. It is also important  that the Enterprise Development Funds for both Women and Youth are established and accessed throughout the country.

Excellencies, Ladies and Gentlemen,

16.  Regarding Transitional Justice, there has been no new progress to report as the Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) are still with the TNLA. I reiterate our appeal to the TNLA to give these bills their urgent attention.

17.  Concerning the permanent constitution making process, I am encouraged by reports that the National Constitutional Review Commission (NCRC) has received US $ 800,000 as promised by the RTGoNU in our last plenary. I commend the RTGoNU for availing this funds to the NCRC. 

18.  The making of ‘a people led, and people owned permanent constitution’ within the Transitional Period is one of the cardinal promises made by the Parties to the Revitalized Peace Agreement to the people of South Sudan and this constitutional moment should not be lost.

Excellencies, Ladies and Gentlemen,

19.  RJMEC has had a number of important engagements, here in Juba and within the region on the status of implementation of the R-ARCSS, as well as challenges facing its implementation, the Nairobi talks, and prospects for elections.

20.  In this regard, I briefed Mr. Dennis Francis, President of the UN General Assembly, H.E Gen. Abubaker Jeje Odongo, Foreign Minister of Uganda, the visiting delegation of the AU Peace and Security Council, and the non-resident Ambassadors of Belgium and South Korea. 

21.  We continued our regular and close engagements with the RTGoNU Executives, Parties to the Agreement, institutions and mechanisms implementing the Agreement and different South Sudanese stakeholders. In all engagements, we keep encouraging them to make further progress, dialogue and provide clarity on the way forward.

22.  With regard to the Nairobi talks, we continue to encourage the negotiating parties to dialogue in good faith with a commitment to achieving an inclusive peace process within the framework of the R-ARCSS. 

23.  In view of the aforementioned, RJMEC recommends the following to the RTGoNU:

a.   continue sustained inter-party dialogue in a collegial manner, build consensus amongst the Parties and the stakeholders on the way forward on elections, and provide regular updates to the public on the progress of the dialogue;

b.   continue to avail the requisite resources and logistics to the Agreement institutions and mechanisms to enable them to discharge their mandates;

c.   fast-track the passing of all pending bills and operationalise those already enacted by the TNLA; and

d.  complete the unification of the mid-level command echelon, redeployment of the unified forces, and commence Phase II, and DDR.

Excellencies, Ladies and Gentlemen,

24.  In conclusion, I would like to underscore the importance of continuous implementation of the R-ARCSS tasks, irrespective of the ongoing inter-party dialogue and the Nairobi talks. Much work remains to be done and no time should be lost going forward.

25.  I wish you fruitful deliberations.

I Thank You!

 

-      Honourable Ministers, 

-      Excellencies,

-      Ladies and Gentlemen,

Good morning.

1.   I welcome you all to the 35th plenary meeting of the RJMEC. As you may recall, we had to reschedule this meeting twice, first in March following a request from the RTGoNU to allow the Parties to commence the interparty dialogue on the way forward to elections as per the Roadmap, and then on 9th May, which coincided with the launch of the Nairobi Talks with holdout groups. These two activities are considered important and relate to the implementation of the Agreement. We therefore look forward to an update from the RTGoNU on progress so far on the two initiatives.

2.   Since our last meeting, RJMEC engaged with various members of the Executive of the RTGoNU, including the Vice Presidents, addressed the TNLA on its assessment of the status of implementation of the Agreement, met and briefed H.E. Cyril Ramaphosa, President of the Republic of South Africa during his visit to Juba, participated at the launch of the Nairobi talks, and met with the Special Envoys of IGAD, European Union, and delegations  from AU and non-resident ambassadors in Juba. 

3.   My statement today will highlight the recent developments with regard to the status of implementation of the Revitalized Peace Agreement as per the Roadmap since our last plenary meeting, critical pending tasks of the Agreement, and concludes with recommendations.

Excellencies, Ladies and Gentlemen,

4.   Under governance, the National Elections Commission (NEC) and the Political Parties Council (PPC) have both reportedly received some funding to enable them kickstart their operations. Consequently, the NEC has undertaken some visits to the States to assess their requirements for election preparations. However, it is concerning that the reconstituted National Constitutional Review Commission (NCRC) is yet to receive funding. This plenary looks forward to receiving updates from these institutions on the progress in the discharge of their respective mandates.

5.   The ad-hoc Judicial Reform Committee (JRC) has completed drafting its final report which contains recommendations for reforming the judiciary. The report awaits official handover to the RTGoNU. This meeting looks forward to receiving an update from the RTGoNU on the status of the JRC report and modalities of its handover and implementation.

6.   In terms of legislative reforms, the National Constitutional Amendment Committee (NCAC) has completed its work and all revised laws are now with the RTGoNU and before the TNLA. RJMEC appeals to the RTGoNU and TNLA to expedite the enactment of all the pending amendment bills, including the National Security Service Bill and those critical for creating a conducive environment for the conduct of elections and in enhancing civic and political space. In addition, RJMEC urges the TNLA to fast track the enactment of the Public Finance Management and Accountability (PFMA) Amendment Bill 2024 which now awaits the 3rd and final reading. The passage into law and implementation of this Bill will ensure prudent and transparent financial management and accountability. 

Excellencies, Ladies and Gentlemen,

7.   Regarding the Transitional Security Arrangements, RJMEC welcomes the recent meeting between the President and First Vice President, their commitment to commence Phase II without delay, and the submission of the list of SPLM/A-IO officers to the President for the unification of the middle and lower level echelons. However, SSOA is reportedly yet to submit its list. In addition, there has been conflicting data on the number of unified forces deployed under Phase 1. In this regard, JDB is requested to update this plenary on the actual number of the deployed unified forces, and progress towards Phase II. 

8.   There were reports of recent inter-communal violence in different parts of the country, including in Tambura, Twic, and parts of Abyei region. This is concerning and underlines the critical importance of full unification of all forces and their redeployment to provide security in all parts of the country. It is reported that increased SSPDF patrols in Tambura have managed to deescalate tensions and have restored security in the area. In addition to security interventions, it is important to encourage local authorities to initiate more effective conflict and violence reduction interventions such as community-based dialogue processes and traditional conflict resolution mechanisms.

9.   The DDR process, a critical component for the unification of forces, remains pending. DDR is essential as it provides alternative livelihoods for those who are ineligible for unification. While we commend the DDR Commission’s Community Violence Reduction initiatives, it is pertinent to implement effective DDR, as part of the unification of forces in order to build a stable and secure country

RJMEC urges the NTC and JBD to prioritise DDR funding as part of preparation for Phase II.

10.  The Strategic Defence and Security Review (SDSR) Board has validated the strategic defence and security strategy documents which are now ready for submission to the Principals. This is encouraging considering that the SDSR process had stalled for a while, due to a number of reasons, including funding. The Chairperson of the SDSR Board is expected to provide further details and an update on the next steps towards completing this Agreement task that is central in ensuring reforms in the entire security sector.

Excellencies, Ladies and Gentlemen,

11.  On 9th May  2024, the High Level Mediation for South Sudan (Tumaini Initiative) was launched in Nairobi. This is not a new peace process but rather a continuation of the Rome Initiative and an attempt to ensure an inclusive peace process going forward. On 16th May 2024, the Parties signed a Declaration of Commitment to renounce violence as a means of resolving differences, engage in constructive dialogue, open civic and political spaces, negotiate in good faith and reach agreement in the interest of inclusive and lasting peace in South Sudan. 

12.  The Parties further recommitted to the Cessation of Hostilities Agreement (COHA) of 2017. This is a welcome development. It is RJMEC’s expectation that the success of the Nairobi process will contribute to the full implementation of the R-ARCSSS and further support the consolidation of peace in South Sudan. 

Excellencies, Ladies and Gentlemen,

13.  In regard to Humanitarian Affairs, RJMEC commends The Republic of South Sudan for keeping its borders open to refugees and returnees from neighbouring countries. Further, the Government has been participating in joint border monitoring of onward transport of returnees to their final destinations within the country and the biometric registration of refugees, in collaboration with the International Organisation for Migration (IOM) and the United Nations High Commission for Refugees (UNHCR) among others. 

14.  In support of dignified return of refugees, IDPs and returnees, the Relief and Rehabilitation Commission (RRC) is in the process of developing a comprehensive National Framework for Durable Solutions for refugees, internally displaced persons, returnees and host communities by consolidating all the existing policy frameworks. It is also drafting a community led campaign strategy aimed at supporting free, voluntary and dignified return and reintegration. RJMEC appeals to the RTGoNU and partners to fully support this process. 

Excellencies, Ladies and Gentlemen,

15.  Regarding resource, economic and financial management, though efforts have been made in implementing a good number of provisions, some critical reforms remain outstanding. These include Public Financial management reforms and the strengthening of the oversight institutions of the Anti-Corruption Commission and the National Audit Chamber. 

16.  In terms of devolution of more powers and resources to the States and Counties,  no progress has been made in the review of the wealth sharing and revenue allocation in line with the Agreement. The RTGoNU is urged to expedite this important process as the country prepares for elections.

17.  RJMEC takes note of some improvements made in the management of reserve funds, as subventions are being made to Oil Future Generations’ Fund (FGF). However, these amounts need to be managed in accordance with the applicable legislations. In addition,amounts due to the Oil Stabilization Account (OSA) should also be paid in accordance with the law and as per Art.4.8.1.11 of the R-ARCSS

Excellencies, Ladies and Gentlemen,

18.  Regarding transitional justice, there has been no progress since our last plenary. The Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) remain with the Committee of Peace and Reconciliation of the TNLA. I urge the TNLA to give these bills their urgent attention, as matters of truth, reconciliation and healing will play a pivotal role in South Sudan in spearheading efforts towards reconciliation, forgiveness and social cohesion ahead of elections.

19.  Concerning the permanent constitution-making process, as stated before, the National Constitutional Review Commission (NCRC) has not received funding. Despite this, the Commission has continued to build its internal capacities in preparation for the execution of its mandate. This plenary looks forward to receiving an update from the NCRC Chairperson. 

Excellencies, Ladies and Gentlemen,

20.  As you may recall, in March this year, RJMEC wrote to the Executive of the RTGoNU expressing its concerns on the lack of consensus on the prospects of conducting credible elections as scheduled in December 2024, and called for urgent inter-party dialogue on the way forward, in the spirit of collegiality and consensus, as per the requirement of the R-ARCSS. It is therefore important that the interparty dialogue be expedited to provide clarity on the way forward. This would help the South Sudanese to prepare sufficiently and enable timely mobilisation of resources by the regional and international community to support the process. 

21.  It is concerning that barely seven months to the elections, there is still no evidence of sufficient preparation for the conduct of elections and implementation of critical election-related tasks. These include, among others:

a.   completion of the judicial reform process, review of the judiciary Act and establishment of the Constitutional Court; 

 

b.   enactment of the revised National Security Service Act (Amendment) Bill 2023 to, inter alia, create an enabling civic and political space for citizens’ participation in governance;

c.   full operationalisation and funding of the Political Parties Council (PPC), the National Elections Commission (NEC), and the National Constitutional Review Commission (NCRC);

d.  the conduct by the NEC of elections-related activities listed at Article 1.20.8, such as establishment of subsidiary electoral management bodies at the state level, the establishment of procedures for the voter registry and registration, and support to civic education and voter outreach, the publication of the voters register six months prior to the holding of elections, as per  Article 1.20.10; and the delimitation of constituencies;

e.   completion of Phase I and Phase II unification of forces, and provision of funding for implementation of the DDR process;

f.    addressing the challenges of reconstruction, repatriation, resettlement, rehabilitation, and reintegration of IDPs and returnees as per Article 1.20.7;

g.   implementation of the legal and policy frameworks which enhance transparency and accountability in economic and financial sectors;

h.  establishment and operationalisation of the Commission for Truth, Reconciliation and Healing and the Compensation and Reparation Authority; and 

i.    making of a permanent constitution in accordance with the Constitution Making Process Act 2022 to guide the conduct of elections.

22.  In view of the aforementioned, RJMEC recommends the following to the RTGoNU:

a.   continue sustained dialogue in a collegial manner, and build consensus among the Parties, and the stakeholders on the way forward on elections and provide regular updates to the public on the progress of the dialogue;

b.   avail the requisite resources and logistics to the Agreement institutions and mechanisms to enable them to discharge their mandates;

c.   fast-track the passing of all pending laws and operationalise those already enacted by the TNLA; and

d.  complete the deployment of the unified forces and commence Phase II without further delay.

Excellencies, Ladies and Gentlemen,

23.  Overall, it is important to underline that four years into the Transitional Period, relative progress has been made in the implementation of the Revitalized Peace Agreement. All efforts should therefore be made to consolidate the peace gains, and lay a firm foundation for lasting peace, development and prosperity for the people of South Sudan.

24.  In conclusion, I would like to reiterate my appeal to you all, as RJMEC members, to continue to constructively engage the RTGoNU and Parties’ representatives, to clarify how they intend to deliver peaceful, free, fair and credible democratic elections as per the Agreement and Roadmap by the end of the Transitional Period. 

25.  I wish you fruitful deliberations.

I Thank You!

  • Hon Dr. Abraham Korir SingOei CBS, Principal Secretary, Ministry of Foreign and Diaspora Affairs Government of Kenya;

·     H.E. Lt. Gen Lazarous Sumbeiywo (rtd), Chief Mediator;

·     Paolo Impagliazzo, Secertary General of the Community of Sant’Egidio and Co-Mediator;

·     H.E. Ismail Wais, IGAD Special Envoy to South Sudan; 

·     Head of Government Delegation;

·     Head of Delegation, South Sudan Opposition Movements Alliance;

·     Excellencies;

·     Honourable Members; 

·     Distinguished        Guests;

·     Ladies and Gentlemen.

1.   Good morning. Hujambo nyote. Greetings to all of you. Karibuni Kenya. Welcome to Kenya! 

2.   It is a great honour and privilege for me to address you in my capacity as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), the official oversight, monitoring and evaluation body of the Revitalized Peace Agreement. 

3.   At the outset, RJMEC wishes to congratulate the Government of Kenya, the Reconstituted Transitional Government of National Unity (RTGoNU) and the South Sudan Opposition Movement Alliance (SSOMA) for all efforts that have enabled the launching of the South Sudan High Level Mediation Process in Nairobi today. This gathering is a commendable demonstration of commitment by all that peace can only be achieved through a sustained dialogue, inclusivity and consensus building, which is an intrinsic acceptable process rather than  violence. 

4.   In this regard, I commend His Excellency Dr William Ruto, President of the Republic of Kenya for accepting to facilitate this dialogue following the request from His Excellency Salva Kiir Mayardit, President of the Republic of South Sudan; and the leadership of South Sudan Opposition Alliance SSOMA for accepting this dialogue in an effort to find durable peace in the Republic of South Sudan. 

Excellencies, Ladies and Gentlemen,  

5.        I wish to commend the mediation team from the Revitalised Government of National Unity (RTGoNU) led by Ambassador Albino Mathem for their commitment and continued search for an all-inclusive peace in South Sudan from the time that these negotiations commenced in Rome. I also wish to commend the South Sudan Opposition Movement Alliance (SSOMA) groups for their acceptance to continue to dialogue and accepting to come to the IGAD region in cognizance of the importance of regional support to these talks by embracing Nairobi as the venue for these deliberations.

6.   These talks build on seven rounds of the Rome Peace Process, led by the Community of Sant ’Egidio and IGAD, held between January 2020 and March 2023 which yielded some positive outcomes, including the recommitment to the Cessation of Hostilities Agreement and Declaration of Principles. 

7.    It is RJMEC’s expectation that these talks will further the implementation of the Revitalized Peace Agreement and usher the country into an inclusive, peaceful and democratic end to the Transitional Period. Since the signing of the Revitalised Agreement on the Resolution to the Conflict in South Sudan (R-ARCSS) in 2018, South Sudan has experienced 5½ years of relative peace, despite sporadic skirmishes and communal fighting that continues to occur in several parts of the country. However, it is important to note that Permanent Ceasefire continues to hold between the Parties to the Agreement. This relative peace compared to previous years before 2018, is a commendable achievement and needs to be further consolidated. These talks are therefore a positive step and an opportunity in which the outcome could lead towards attainment of sustainable peace in South Sudan.

8.   RJMEC, as the official oversight, monitoring and evaluation body established under Chapter VII of the Agreement, is cognisant of the status of implementation of the Revitalized Peace Agreement, particularly regarding the Transitional Security Arrangements, elections preparation, the permanent constitution making process, and processes of truth, reconciliation and healing. 

9.   It is RJMEC’s view that the success of the South Sudan Mediation Process in Nairobi will come out with a framework of inclusivity, address the differences and bring a clear way forward that would enhance the peace process. Additionally, this success would build a momentum for the implementation of the remaining pending tasks of the R-ARCSS, towards the achievement of the lasting peace and stability in South Sudan.  

10.    With many critical tasks still pending implementation, against the backdrop of the fast-approaching end of the Transition Period as per the Agreement Roadmap, RJMEC has continued to encourage the Parties to the Agreement to ensure that implementation of these tasks is expedited and completed in order to lay a firm foundation for South Sudan’s transition to a democratically elected government. 

11.    As I conclude my remarks, I would like to underscore that the main expectation of the people of South Sudan is that your positive and constructive engagements here in Nairobi will galvanize and bolster the peace efforts already underway in South Sudan. A positive conclusion to this mediation process will no doubt empower the country’s reconciliation process, bring about enabling environment for national development and will contribute to durable peace, justice, liberty and prosperity to the people of South Sudan.  

12.    I therefore wish you fruitful engagements during this peace mediation.  

I Thank You!

 

 

 

 

 

 

-     Rt Honourable Speaker,

-     Rt Honourable Deputy Speakers,

-     Honourable Members,

-     Distinguished Ladies and Gentlemen.

Good morning.

1.    It is a great honour and privilege for the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to brief this august Assembly on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

2.    This briefing is pursuant to Article 7.9 of the Revitalised Peace Agreement which mandates RJMEC to, among others, report quarterly on the status of implementation of the Agreement, followed by detailed briefings to the Executive of the Revitalised Transitional Government of National Unity (RTGoNU) and its Council of Ministers and the reconstituted Transitional National Legislative Assembly (TNLA). 

3.    Furthermore, RJMEC is mandated to brief the Chairperson of the IGAD Assembly of Heads of State and Government, the Chairperson of the IGAD Council of Ministers, the Chairperson of the African Union Commission, the Peace and Security Council of the African Union, the United Nations Security Council and the Secretary General of the United Nations.

4.    Today is more than five-and-half years since the signing of the Revitalised Peace Agreement, more than four years into the Transitional Period and less than nine months to the elections scheduled for December 2024. The progress made to date shows that the South Sudanese leaders and people have collectively demonstrated that lasting peace, stability and development are possible and within reach.   

5.    In that regard, the collective will power and determination on the part of the RTGoNU Executive, and members of the reconstituted Transitional National Legislative Assembly are essential for the full implementation of the Revitalised Peace Agreement.

6.    My briefing this morning is a summary of the RJMEC Quarterly Report covering the period from 1st  January to 31stMarch 2024, and highlights the progress made in implementation of the Revitalised Peace Agreement, critical pending tasks, challenges and key milestones that need to be reached as South Sudan prepares for elections, noting that overall, there has been slow progress in the implementation.

Right Hon. Speaker, Honorable Members,

7.    Under governance, progress has been made in legislative, judicial and institutional reforms. For example, the National Constitutional Amendment Committee completed its mandate of reviewing 24 pieces of legislation to conform to the Peace Agreement and international best practice. Of this about 10 have enacted into law, three (03) await assent of the President and five (05) are before this august Assembly and await enactment. RJMEC urges the expeditious enactment of these critical laws, including the National Security Service Bill which is long overdue.

8.    On its part, the Judicial Reform Committee also completed its mandate and drafted its final report with recommendations on judicial reforms aimed at ensuring an independent and credible judiciary to the RTGoNU. This report is  due for stakeholders validation and handover to the RTGoNU. RJMEC therefore urges the RTGoNU to support the JRC in this regard.

9.    In addition, the National Elections Commission, the Political Parties Council and the National Constitutional Review Commission which were reconstituted in the previous quarter undertook a series of induction workshops, including development and validation of their internal policy documents, workplans and budget for implementation in line with their respective mandates. RJMEC understands that budget for the operationalisation of these critical institutions and mechanisms awaits tabling and approval by this August House and appeals for urgency. 

10. On the Permanent Ceasefire and Transitional Security Arrangements, whereas the Permanent Ceasefire continues to hold among Parties to the Agreement, there are concerns regarding the activities of the National Salvation Front (NAS), including skirmishes with the SSPDF mostly in the southern part of Central Equatoria, as well as clashes between the SPLA-IO and defectors affiliated with the SSPDF such as General Simon Maguek in Unity State. Of similar concern is also  intercommunal violence in areas such as Greater Pibor Administrative Area, and Jonglei and Upper Nile states with mainly civilians bearing the brunt.  

11. Regarding completion of the unification of forces, there has been no substantive progress since the reported redeployment of 4,000 Phase I Necessary Unified Forces (NUF) during the last quarter. Similarly, there has not been any movement on the preparations for Phase II NUF training and the situation in cantonment sites remains dire. The unification of the middle echelon has been delayed. Further, the DDR process for all forces ineligible to join the NUF lacks funding from the RTGoNU and partners, therefore those troops remain in the training centres. DDR is a critical component of the unification process which should not be ignored.  However, it is encouraging that the Strategic Defense and Security Review Board is now in the process of validating the security sector policy frameworks, its final step.

12. The humanitarian situation remains bleak with increasing needs and over nine million people requiring assistance. Continuing depreciation of the local currency, the South Sudanese Pound, has inflated food prices, which increased by 19 percent in February 2024 compared to January 2024, thus worsening the situation of the population, many of whom were already acutely food insecure. 

13. The conflict in the Republic of Sudan has further excerbated the humanitarian crisis. By end of March, over 640,000 people were reported to have crossed into South Sudan from Sudan since 15 April 2023. Given the limited resources, responders were unable to provide adequate clean water, food, shelter and healthcare for the arriving populations. Overcrowding and unhygienic living conditions were reported in Bulukat and Renk transit centres in Upper Nile State. Taxation of humanitarian relief materials, illegal checkpoints, and insecurity along humanitarian corridors continued to undermine the R-ARCSS expectation that there will be unfettered access for millions of South Sudanese in need of humanitarian assitance from the United Nations and impartial international and national Non-Governmental Organizations (NGOs).

Right Hon. Speaker, Honorable Members,

14. The implementation of the Public Financial Management reforms has been slow within the quarter. The work of the PFM Oversight Committee is ongoing but has been faced with a few administrative challenges.  It continued to monitor the non-oil revenue collection, which has progressively performed well as a result of recent reforms of the National Revenue Authority (NRA). However, data on oil revenue for the period has not been released following challenges posed by insecurity in Sudan on the lifting and export of crude oil respectively. Exports have been disrupted since the last week of February 2024.

15. Based on recommendations of the private sector development strategy, the business environment has been improved by formalising a good number of informal businesses. In addition, an  innovative initiative launched by the UNDP and Stanbic Bank aim to provide microfinance for vulnerable youth, ex-combatants, returnees and IDPs. Despite these commendable activities, the relevant pieces of legislation to ensure sustainability have not been passed, namely the bills for the establishment of the Youth Enterprise Development Fund and the Women Enterprise Development Fund. Another important legislation that needs to be enacted is regulating non-bank financial institutions.

16. Under Transitional Justice, there has been no change during the quarter. During the last reporting period, the Council of Ministers deliberated and approved the Bills for the establishment of the Commission for Truth Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA). On 5 December 2023, the two Bills were tabled before this august Assembly for consideration for enactment. 

17. Regarding the making of the Permanent Constitution, the National Constitutional Review Commission validated and adopted its draft internal documents. The Commission awaits funding in order to commence its work, including civic education, public consultation and the recruitment of the Constitutional Drafting Committee and the establishment of the Preparatory Sub-Committee for the convening of the National Constitutional Conference.  Funding of the NCRC budget was approved by the Council of Ministers and now requires this august House immediate attention.                              

Right Hon. Speaker, Honorable Members,

18. The challenges impeding progress in the implementation of the R-ARCSS include, among others, lack of adherence to the letter and spirit of the R-ARCSS; military defections which continue to undermine the confidence in the R-ARCSS and in some instances trigger conflict; insufficient political will and trust among some Parties; insufficient resources for implementation of the Agreement; capacity gaps in the Agreement Institutions and Mechanisms and lack of political and civic space.

19. While the current focus continues to be on the holding of elections in a timely manner, due attention should be given to expediting the completion of the pending critical tasks, which are prerequisites to the conduct of credible elections within the framework of the Agreement. Foremost among those are unification of forces and the making of a permanent constitution. There is also a need for this august Assembly to prioritize and ensure the passage of the Agreement related legislation most particulaly the National Security Service, CTRH and CRA Bills. Passage of the NSS Bill in its current form, as agreed by the Parties at Presidency level, will help in the deepening and further protection of political and civic space in the build-up to elections. The transitional justice bills once passed will allow for the establishment of the critical mechanisms that will spearhead the processes of truth telling, justice, healing, reconciliation, compensation and reparations,  In addition, following through on the establishment of the Special Reconstruction Fund will help channel additional resources to deal with the growing humanitarian situation and address the needs of the returnees and Internally Displaced Persons (IDPs).

20. In light of the aforementioned, the RJMEC recommends the Parties to the Agreement and Relevant Stakeholders to provide clarity on how it will complete the critical pending tasks and create the necessary conditions for the conduct of elections in a timely manner. It further recommends that they should embrace the call for dialogue in the spirit of collegiality and present to the people of South Sudan a unified plan for elections, with practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections.

21. In addition, the RJMEC recommends that the RTGoNU considers undertaking the following measures:

a.    Expedite additional funding to the   NCRC and NEC  in order to enhance the making of a people-led and a people-owned Permanent Constitution in accordance with provisions of the Constitution Making Process Act 2022, and provide resources to undertake the election-related tasks; 

b.    provide resources for the elections process while engaging with the international community to support its efforts;

c.     together with partners, expedite judicial reforms based on the JRC recommendations in a manner that compliments the permanent constitution making process and the conduct of elections;

d.    fast-track the dialogue towards achieving its goal of delivering a clear path as well as actionable political guidance on the way forward in an effort to sustain peace throughout the country;

e.    address the ongoing intercommunal violence consistent with its obligations to maintain security throughout the country; 

f.     provide, as a matter of urgency, all the resources necessary to deploy the remaining NUF, complete harmonisation of the command structure so that the country can have a unified force with a national character under one Commander-in-Chief and fund the DDR process, a critical component of the unifcation of forces; and

g.    establish the Special Reconstruction Fund with a view to helping to address the ongoing humanitarian crisis in the country.

22. Further, RJMEC appeals to the TNLA to expedite enactment of all pending amendment bills, including the National Security Services Bill, NGO Amendment Bill, and Transitional Justice bills and, to support the process of funding the constitution and election-making processes. 

23. It further urges the TNLA to encourage the Parties to conduct the dialogue process in a manner that enables the acheivement of  its goal of delivering a clear path towards to sustainable peace throughout the country; 

24. In conclusion, the end of the Transitional Period is less than 12 months as scheduled, yet very critical tasks remains unimplemented. It is essential that this August House galvanized the Parties to consolidate the peace dividends achieved since the Revitalised Peace Agreement was signed in 2018 and agree on a clear path for a peaceful and democratic end to the Transitional Period..

I Thank You!

 

 

 

-       Chairperson of the AU Peace and Security Council,

-       Commissioner for the AU Political Affairs, Peace and Security

-       Your Excellencies, Distinguished Permanent Representatives

-       Ladies and Gentlemen 

Your Excellency,

1.    I am honoured to once again address this august Council as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). This statement builds on the one delivered by RJMEC to the 1186th Session of the AU PSC on 16 November 2023.

2.    Given the short time available to brief you, I will be concise. Last week, on 22 February 2024, South Sudan marked the four-year anniversary since the Revitalised Transitional Government of National Unity was established. Similarly, 18 September 2023 last year, marked five years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed in 2018. This five-year period of the Agreement marks the longest period of relative peace, inclusivity and stability since independence in 2011. The gains made in this period are significant, considering the previous security situation in the country. It is therefore important to consolidate and protect these achievements. 

3.    In accordance with the Roadmap which began one year ago, the Transitional Period ends in February 2025, one year from now. Elections are scheduled for December 2024, two months before the end of the Transition period, in accordance to the Agreement, which legitimises the Revitalised Transitional Government. In RJMEC’s assessment, much work remains to be done to complete the Agreement requirements for the conduct of free, fair and credible elections. In my recent engagement with the Parties to the Agreement, it is evident that there is no consensus among the Parties on the elections.

Your Excellency,

4.    The Revitalised Peace Agreement is a blueprint to transform South Sudan into a stable and prosperous country, and was predicated on upholding the permanent ceasefire, inclusive implementation of the Agreement, and realistic timelines towards credible, peaceful, free, and fair democratic elections. With ten months left before the scheduled elections, it is concerning that the following key tasks required for elections have not been completed:

·      funding and operationalisation of the elections-related institutions responsible for preparation and conduct of elections;

·      making the permanent constitution, the provisions of which will guide the conduct of elections;

·      judicial reforms to enhance the capacity and independence of judicial institutions, including addressing election-related disputes;

·      completion of Phase I and II unification of forces in order to provide security throughout the country;

·      facilitating the return and resettlement of refugees and IDPs; and

·      protection and expansion of political and civic space to enhance public participation in constitution and election processes, among others.

5.    Given the scale of the tasks ahead, therefore, there is need for the Parties to dialogue, and demonstrate political will, compromise, consensus, unity of purpose and agree on the way forward.

Your Excellency,

6.    The aforementioned pending tasks are outlined in the Agreement as part of the critical reforms required to address the root causes of the conflicts that have occurred in South Sudan since independence. With this in mind, I would like to conclude with some recommendations. The AU PSC to use it good offices to: 

i)             support South Sudan’s Revitalised Transitional Government politically, financially and technically to expedite and complete the pending tasks to deliver credible elections within the framework of the Agreement;

ii)          encourage the Parties to the Agreement to dialogue among themselves in order to build the consensus and compromise as necessary to hold free, fair and credible elections;

iii)        prevail on the Revitalised Transitional Government to avail the requisite resources and logistics to fully operationalise the institutions which drive forward all the tasks required for the constitution-making process, elections, and the completion of the unification of forces; and

iv)         urge the Parties to adhere to the 35% minimum threshold for women’s representation in all mechanisms in accordance with the Agreement, and promote the inclusion of youth and those living with disabilities.

7.    As the end of the Transitional Period approaches, it is important for the AU to assist the Principals of the Parties to dialogue, compromise and reach consensus on the elections. 

I Thank You.

 

 

 

Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   A Happy New Year to you all. I welcome you to the 34th meeting of the RJMEC and the first plenary meeting for the year 2024. This is a significant and important year for South Sudan, and for us as RJMEC, monitors of the Revitalised Peace Agreement. Much work needs to be done to create an enabling environment for the conduct of free, fair and credible elections, as per the Agreement and the Roadmap. That said, the prospects of delivering the country to a democratic dispensation should motivate all of us, the Parties in particular, to redouble efforts to achieve this historic goal smoothly.

2.   In this regard, I am encouraged with the commendable progress made since we last met in December 2023, in particular with regard to the reconstitution and operationalisation of some of the more critical institutions, namely, the National Constitutional Review Commission, the National Elections Commission, and the Political Parties Council. However, we are mindful of the delays in their establishment, and the very short time left for them to deliver their important mandate.

3.   Since we last met, I have had the opportunity to engage with some of the Principals of the Revitalised Agreement or their representatives, as well as the leadership of the newly reconstituted institutions, and some of our peace partners and special envoys. My overall assessment is that there is significant appetite for elections to be conducted in a timely manner, and in accordance with the requirements of the Revitalised Peace Agreement. What is unclear, however, is how the RTGoNU and Parties to the Agreement will be able to complete the critical pending tasks and create a conducive environment for the conduct of credible elections within the time left.

4.   I also briefed the AU Commissioner for Political Affairs, Peace, and Security, the AU Panel of the Wise, and the Facilitation Support Team from South Africa, as well as many other international and regional peace partners. In these meetings, I appealed for their unwavering support to the South Sudan peace process, and emphasised the need for the leadership of the RTGoNU to dialogue, embrace collegiality, and work together as peace partners in order to build social cohesion and the public confidence needed to hold free, fair and credible elections as scheduled for December 2024.

5.   With this in mind, my statement will update you on the recent progress registered in the implementation of the Revitalised Peace Agreement, highlight the critical pending tasks and challenges facing implementation, and conclude with my recommendations to the RTGoNU and Parties to the Agreement.

Excellencies, Ladies and Gentlemen, 

6.   Regarding governance, since the last meeting, the members of the National Elections Commission (NEC) and the National Constitutional Review Commission (NCRC) were sworn in and have begun work. I look forward to an update from these two bodies, as well as the Political Parties Council (PPC), which had been sworn in earlier.

7.   In terms of pending legislation, the TNLA is currently considering a number of bills, including that of the National Audit Chambers, the National Security Service, the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparation Authority. The Anti-Corruption Commission Act has been assented to by the President of the Republic of South Sudan, the operationalisation of which will enhance transparency and accountability across the public sector. The National Social Insurance Fund Act has also been recently assented to. In this regard, the mandate of the National Constitutional Amendment Committee (NCAC) is nearing completion, with only two laws remaining to be reviewed and drafted. The NCAC will update the meeting this morning. 

8.   The ad-hoc Judicial Reform Committee (JRC) for its part is currently concluding its stakeholder consultations, and is drafting its final report. This report is expected to contain recommendations critical for reforming the judiciary, including review of the Judiciary Act, reconstitution of the Judicial Service Commission and establishment of the Constitutional Court, among others. 

9.   Regarding security, it is very concerning to have begun the year with multiple reports of violence in different parts of the country, in particular the Abyei Administrative Area, and Unity, Warrap, Western Bahr el Ghazal, and Jonglei States. For example, over the weekend of 27-28 January 2024, it is deeply regrettable that over 50 lives were lost in intercommunal fighting in Abyei, including two peacekeepers from the United Nations Interim Security Force for Abyei. Sadly, these attacks follow a pattern of continuing violence between local communities of that area in recent weeks and months.

10.       RJMEC urges for dialogue to break the cycle of violence and underscores the need for the culture of peace to prevail. Much is at stake for the people of South Sudan as they seek to have their democratic aspirations met by holding their first elections as an independent nation.  RJMEC therefore reminds the RTGoNU of its responsibility, as per Article 1.2.2 of the R-ARCSS, to restore permanent and sustainable peace, security, and stability.

11.       Regarding the Transitional Security Arrangements, the completion of the unification of forces is a key step towards providing a conducive environment in which to hold elections. However, under Phase I, deployment of the graduated personnel is at a limited stage, though it has begun. According to CTSAMVM, around 4000 army NUF personnel have been deployed to the states of Upper Nile, Eastern Equatoria, Western Equatoria and Western Bahr El Ghazal. However, some 51,000 NUF personnel are yet to deploy, the majority of whom are from other organised forces besides the army, which also play an important role in South Sudan’s security. The status of Phase II also remains unclear.

12.       In addition, the DDR process has not started, even though soldiers were screened for that purpose during Necessary Unified Forces (NUF) Phase I training, graduation and deployment. I look forward to hearing from the Joint Defence Board and the DDR Commission on the progress in this matter, especially on gender disaggregated data relating to both the deployed unified forces and those yet to be deployed.

13.       The work of the Strategic Defence and Security Review (SDSR) Board has stalled. The documents prepared by the Board as per their mandate still require validation, and it is not clear how this process will move forward in light of the strike by the members of the Board and Secretariat. I would like the Chair of the SDSR Board to provide an update on this matter.

14.       In regard to the Sant’Egidio-mediated Rome peace process, it is important to mention that this peace process between the RTGoNU and the hold out groups will now be conducted with facilitation by Kenya. This is following the request by H.E. President Salva Kiir Mayardit to H.E. William Samoei Ruto, President of the Republic of Kenya, to facilitate the peace talks between the RTGoNU and the hold out groups. It is hoped that this new initiative will take the process forward.

15.       As you may recall in our previous meetings, we informed members that we are in the process of addressing the CTSAMVM administrative and operational matters that hindered progress in their work. It is therefore encouraging to note that following the interventions of RJMEC and IGAD, CTSAMVM’s operational challenges have now been resolved. CTSAMVM has a very important role to play this year in the lead up to elections and I urge the Parties and international community to afford it all the support it needs. I look forward to hearing a report from the CTSAMVM Chair this morning.

Excellencies, Ladies and Gentlemen,

16.       In the last two months, the humanitarian situation has continued to worsen, with approximately 120 thousand more refugees and returnees fleeing the conflict in Sudan entering the country, according to UNOCHA. This exacerbates the general humanitarian situation in South Sudan, where the scale of need is already high, service delivery is low, and the little resources available are very stretched. Furthermore, the Special Reconstruction Fund and Board, a mechanism which could provide much needed focus and direction to the humanitarian and reconstruction needs of South Sudan, has not been established. 

17.       On the subject of resource, economic and financial management, while it is encouraging that the Anti-Corruption Commission Act has been assented to, other key pieces of legislation intended to strengthen transparency and accountability in the economic and financial sectors, including amendment bills to the National Audit Chambers Act and the Public Financial Management and Accountability Act, are pending.

18.       Though in general there has been some improvement in the management of natural resources, greater accountability is required in wealth sharing and revenue allocation as South Sudan prepares for democratic elections. The proportion of the country’s natural resource wealth to be shared with the states and communities are to be reviewed in accordance with Article 4.11.5, and the final terms of the increment and formulae agreed upon, and should be determined in the permanent constitution.

Excellencies, Ladies and Gentlemen,

19.       Regarding transitional justice, there has been no progress since the previously reported situation; the Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) remain with the reconstituted TNLA. I urge the TNLA to give these bills their timely attention, as matters of truth, reconciliation and healing will play a vital role in South Sudan this year, spearheading the promotion of forgiveness and social cohesion ahead of elections. I look forward to hearing an update on the Hybrid Court for South Sudan from the African Union and the RTGoNU. 

20.       On the issue of the constitution making process, the National Constitutional Review Commission (NCRC) has commenced work. A people-led and people-owned constitution, if made in an inclusive and participatory manner, will be critical in anchoring lasting stability and good governance as the country transitions into its democratic future. RJMEC therefore urges the RTGoNU and partners to support the NCRC in order for it to conduct much-needed civic education and public consultations for the permanent constitution, which is also a critical requirement for the conduct of elections, as per the Agreement.

Excellencies, Ladies and Gentlemen,

21.       The recurring challenges facing implementation of the agreement are by now familiar, and steps to mitigate them in order to smooth the way for elections at the end of this year need to be taken. These challenges include, among others, the lack of sufficient funding, trust deficit, capacity gaps, intercommunal violence, defections, flooding, and the influx of returnees and refugees fleeing the conflict in Sudan.

22.       Meanwhile, there are a number of critical tasks, which if completed in a timely manner, will enhance political and civic space, sustain the peace and consolidate the gains made in the implementation of the Agreement so far. In particular, attention needs to be paid to:

i)             full operationalisation of the three newly reconstituted institutions, especially provision of funding to enable them to deliver their mandates;

ii)           completion of Phase I and Phase II unification of forces, and provision of funding for DDR;

iii)        addressing intercommunal violence through national and state-level dialogue and peacebuilding mechanisms;

iv)         implementation of the legal and policy frameworks which enhance transparency and accountability in economic and financial sectors; and

v)           establishment and operationalisation of the Commission for Truth, Reconciliation and Healing and the Compensation and Reparation Authority.

23.       In light of the aforementioned, I would like to make the following recommendations to the RTGoNU:

i)           encourage further dialogue, collegiality, and consensus building among the Parties, their principals, and the stakeholders;

ii)           provide clarity on the plans and preparations for the conduct of elections as scheduled;

iii)        avail the requisite resources and logistics to fully operationalise the elections-related reconstituted institutions;

iv)         operationalise all pieces of legislation enacted by the TNLA; 

v)           complete the training and deployment of the NUF to provide election-related security and security in areas of intercommunal violence;

vi)         fund and operationalise the process of making a people-led and people-owned constitution; and

vii)      ensure the participation of women in all political processes, and their representation in mechanisms in accordance with the Agreement at the minimum threshold of 35%.

24.       In conclusion, I would like to urge you, as RJMEC members, to engage frankly with the RTGoNU and Parties’ representatives, to clarify how they intend to deliver peaceful, free, fair and credible democratic elections as per the Agreement and Roadmap in the remaining time. I wish you fruitful deliberations.

I Thank You.