- Hon Kuol Manyang Juuk, Senior Presidential Advisor, Security and Chair, National Transitional Committee
- Honourable Ministers present
- Honourable Members of Parliament present
- Nicholas Haysom Special Representative of the Secretary-General of the UN
- H.E. Dr Ismail Wais, IGAD Special Envoy to South Sudan
- H.E. Prof Joram Biswaro, Head of the AU Mission to South Sudan
- Hon Prof Abednego Akok, Chairperson, National Elections Commission
- Hon. James Zakayo Akol, Chairperson, Political Parties Council
- Hon. Dr Riang Yer Zuor, Chairperson, National Constitutional Review Commission
- Maj-Gen Yitayal Gelaw Bitew, Chairperson, Ceasefire & Transitional Security Arrangements Monitoring & Verification Mechanism (CTSAMVM)
- Distinguished Guests
- Ladies and Gentlemen
Good morning!
1. Allow me at the outset to extend greetings and best wishes from H.E. Amb Maj Gen (rtd) Charles Tai Gituai, Interim Chairperson of RJMEC who could not join us this morning due to prior commitments, and he has delegated me to deliver these remarks on his behalf.
2. I would also like to cease this opportunity to thank the United Mission in South Sudan (UNMISS) and partners for their great efforts towards making this High-Level Leadership Forum on Completing the Political Transition in South Sudan a reality.
3. This Forum whose theme is: “Finalizing Security Sector Unification, Advancing the Permanent Constitution-Making Process and Progressing Preparations for Elections” is quite apt at this moment as the country commences the extended Transitional Period in just a few days’ time on 22nd February 2025.
4. This Forum seeks to objectively reflect on the realities that inform the current status of implementation of the Revitalized Peace Agreement, enable information dissemination of the status of the peace process, and adopt concrete strategies that enable the country achieve the aspiration of having the first democratic elections in December 2026.
5. Further, this Forum will be critical in bringing common understanding among partners on the impediments to the implementation of critical pending tasks, including completion of unification of forces, writing of a new permanent constitution and adequate preparations for the conduct of peaceful elections.
6. I wish to pay great tribute to the critical actors and stakeholders who have continued to play a vital role in the implementation of the Revitalized Peace Agreement over the past years. Your continuous push and encouragement to the RTGoNU and the Agreement Parties to stay the course is noteworthy. I hereby urge the participants of this workshop to work collectively in generating insightful recommendations that can inform arriving at a common understanding on how best to complete the transition.
Honourable Members, Excellencies distinguished ladies and gentlemen,
7. South Sudan has now enjoyed six and a-half years of observance of the Permanent Ceasefire, which is commendable. The recent unfortunate skirmishes in some parts of the country between parties’ signatories to the Agreement, even though it is a violation of the Permanent Ceasefire provisions, it is important to recognize the strength of the Agreement institutions and mechanisms’ commitment and the resolve of the political leaders of South Sudan to overcome the challenges encountered in the course of the implementation the Peace Agreement.
8. More importantly, it is evidence enough that the RTGoNU should work with greater urgency to ensure the completion of unification of forces and their redeployment to unify commands and to ensure proper command and control. The unification of all forces will undoubtedly lay a firm foundation for attainment of sustainable peace, security and prosperity for South Sudan.
9. In this extended Transitional Period, the RJMEC being the official oversight, monitoring and evaluation body established under Chapter 7 of the Revitalized Agreement will do its part and will continue to robustly execute its mandate, including reminding the Agreement Parties to maintain peace, focus on their commitments to the R-ARCSS including urging them to scale up their efforts in implementing all critical tasks and adhere to agreed timelines and implementation schedule.
10. Key priorities of the transitional period include, among others, the making of the permanent constitution whose provisions will guide the conduct of elections, completion of unification of forces, and sufficient preparations for the conduct of elections. These are the very tasks which have necessitated the repeated extensions of the Agreement to date, because their non-completion risks reversing all the peace gains to date.
11. Given that we have only 24 months to the end of this extended transition, RJMEC therefore takes this opportunity to remind the Agreement Parties that the country, the region and the international community have high expectations that there will be no further extension and that all necessary milestones will be realized and marked by a peaceful democratic transition at the end of the Transition Period.
12. RJMEC encourages the Agreement Parties, stakeholders and all partners participating in this Leadership Forum to explore practical approaches to achieve the critical benchmarks that will make the post-transitional arrangement more attractive than the status quo. Such a framework will ensure peaceful democratic elections that will usher in a smooth transition and consolidate the gains of the R-ARCSS.
I hereby wish you a successful Forum and fruitful deliberations.
- President of the UN Security Council,
- Distinguished Members of the Council,
- Excellencies,
- Distinguished Ladies and Gentlemen.
Mr President,
1. I congratulate you and the People’s Republic of China for assuming the presidency of the Security Council this month. I also would like to 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 monitoring and evaluating the status of implementation of the 2018 Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
3. When RJMEC last briefed this august Council in August 2024, I informed you that the pace of implementation of the R-ARCSS has been generally slow, and that key tasks, such as the making of the permanent constitution, numerous elections-related preparatory tasks, and completion of the unification of forces, were still pending.
4. Then, the following month, September 2024, pursuant to Article 8.4 of the R-ARCSS, the Parties to the Agreement, by consensus, agreed to extend the Transitional Period from 22 February 2025 to 22 February 2027, with elections rescheduled to December 2026.
5. In just over two weeks from now as South Sudan enters the extended period in the implementation of the R-ARCSS, the same tasks still remain pending.
6. My briefing today builds on the previous RJMEC reports to this Council, and will highlight our assessment of the status of implementation of the Revitalised Peace Agreement.
Mr President,
7. In terms of governance, the National Elections Commission (NEC) has completed its plans and has already opened offices in the ten states. However, financial constraints remain a hindrance to progress in the preparation for elections. Although, as previously reported, the Political Parties Council has already registered 29 political parties, the elections laws stipulate that Parties with armed forces cannot be registered until they relinquish their forces through the process of unification. This includes the Sudan People’s Liberation Movement/Army in Opposition (SPLM/A-IO and others within the South Sudan Opposition Alliance (SSOA). This therefore underscores the need to hasten the unification of forces so that these Parties can participate in the elections.
8. The National Constitutional Amendment Committee (NCAC) and the Judicial Reform Committee (JRC) have both successfully delivered their mandates and concluded their work. The NCAC completed the review of 25 laws, whereas the JRC finalised its report with recommendations on appropriate judicial reforms and submitted it to the RTGoNU. The success of these institutions demonstrates that with funding availability, the Peace Agreement institutions and mechanisms can fully discharge their mandates.
9. In terms of the Transitional Security Arrangements, the permanent ceasefire continues to hold, though recent skirmishes in Western Equatoria State between the South Sudan People’s Defence Forces (SSPDF) and SPLM/A-IO over the removal of illegal checkpoints are concerning. CTSAMVM has been tasked to investigate and forward the report to RJMEC. There has been no change in the unification of forces, with approximately 55,000 of the 83,000 Phase 1 Unified Forces trained and graduated, and eight battalions (around 6,000 troops) of the army component deployed, with the remainder still not yet deployed. Persistent levels of intercommunal violence in some parts of the country continue to create disruption, and anxiety and is unsettling.
10. Further, the Strategic Defence and Security Review Board completed its review and validation of all five strategic policy and security review frameworks, which now await presentation to the Presidency for endorsement.
11. In regard to the Tumaini Initiative, mediation talks ongoing in Nairobi, I would like to commend H.E. President Salva Kiir Mayardit and H.E. President Dr William Samoei Ruto for this important Initiative. The people of South Sudan are looking forward to a positive outcome of these talks and hoping that it will bring practical and enhanced transformative approaches in addressing the root causes of conflict, and will hasten the implementation of the Peace Agreement. It is hoped that the parties to the talks will remain focused and maintain a spirit of compromise, cooperation and consensus, in order to achieve a more inclusive peace process that will lead to the country’s first ever elections and usher in a new dispensation of democratic governance underpinned by the rule of law in the post-election phase.
12. On the humanitarian front, service delivery across the country remains very low, as resources continue to dwindle and budgets are overstretched. The Special Reconstruction Fund and its Board set out in the Revitalised Agreement are not yet established. The impact of the Sudan conflict continues to exacerbate the humanitarian situation, and has caused a huge influx of returnees and refugees in South Sudan, a number which now stands over 1 million. Widespread flooding is also persistent.
13. On Resource, Economic and Financial Management, the Public Financial Management Oversight Committee continues to show steady commitment to economic reforms, notably in its improved monitoring of public spending of the national budget, and of revenue collection, especially non-oil revenue. Also, efforts are ongoing to reform the Bank of South Sudan. These reforms are meant to promote financial stability by legally regulating all financial institutions to foster financial intermediation.
14. Oil, the country’s main source of foreign earnings was disrupted in the second quarter of 2024 because of the conflict in the Republic of Sudan. The main pipeline transporting about 60% of crude to Port Sudan that was damaged is yet to be repaired. Consequently, revenue earnings fell considerably.
15. On Transitional Justice, slow progress is being made. Legislation for the Commission for Truth Reconciliation and Healing (CTRH), a Compensation and Reparation Authority (CRA) have been enacted. The process of operationalising these mechanisms is underway following approval of a Cabinet Memorandum by the Council of Ministers in January 2025 for their establishment. Regarding the CTRH, the African Union Commission and UNMISS are working together in the recruitment of 3 out of its 7 Commissioners. These are critical steps in driving the processes of national healing and reconciliation. In terms of the Hybrid Court for South Sudan (HCSS), no progress has been made. All three institutions should have been established by now, according to the Revitalised Agreement.
16. Regarding the permanent constitution-making process, the National Constitutional Review Commission (NCRC) formed sub-committees to conduct nationwide civic education and public consultations. However, the progress in implementation of these critical processes is delayed due to lack of resources.
Mr President,
17. Familiar challenges facing the implementation of the Revitalised Peace Agreement persist, including low levels of political will and trust deficit among the Parties to the Agreement, and lack of predictable funding. Furthermore, capacity gaps and continued levels of intercommunal violence in the states slow the progress in implementation.
18. However, with the extended Transitional Period due to begin in just over two weeks, key immediate requirements are the demonstration of political will and provision of funding for the Agreement institutions and mechanisms, the harmonisation of the work plans of the National Elections Commission and National Constitutional Review Commission, and completion of the unification of forces. Meanwhile, it is important to fully establish the Commission for Truth, Reconciliation and Healing. It is therefore critical that the activities on the part of the RTGoNU are actively energized and injected with a sense of urgency, as the new extended period commences on 23 February 2025.
19. I, therefore, appeal to this Council to remain seized of the peace process in South Sudan, to consider conducting a visit to show solidarity with the RTGoNU as it enters this critical phase, and to encourage the international community to continue to mobilise resources and political support to help South Sudan achieve its first democratic elections in December 2026.
I Thank You!
- Your Excellency Dr Riek Machar Teny, First Vice President of the Republic of South Sudan and Chair of the Governance Cluster;
- Your Excellency, Dr James Wani Igga, Vice President of the Republic of South Sudan and Chair of the Economic Cluster;
- Your Excellency, Gen. Taban Deng Gai, Vice President of the Republic of South Sudan and Chair of the Infrastructure Cluster;
- Your Excellency, Hussein Abdelbagi Akol, Vice President of the Republic of South Sudan and Chair of the Services Cluster;
- Your Excellency, Rebecca Nyandeng De Mabior, Vice President of the Republic of South Sudan and Chair of the Youth and Gender Cluster;
- Rt Hon. Jemma Nunu Kumba, Speaker of the Reconstituted TNLA;
- Rt Hon. Deng Deng Akon, Speaker of the Council of States;
- Your Lordship Chan Reec Madut, Chief Justice;
- Honourable Presidential Advisors;
- Honourable Ministers;
- Your Excellencies, Governors, Chief Administrators of the Administrative Areas, and Deputy Governors;
- Your Excellencies Members of the Diplomatic Corps;
- Distinguished Ladies and Gentlemen.
Good morning!
1. It is my distinct honour to address this annual Governors’ Forum which provides an important platform for promoting dialogue and fostering smooth communication between the different levels of government in the country, with a view of enhancing policy coordination and sharing experiences. This Forum offers an opportunity to deliberate and reflect on the importance of transparency and accountability in governance as well as devolution of power and economic resources.
2. As the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), we are honoured to highlight our assessment on the status of the implementation of the Revitalized Agreement on the Resolution of Conflict in the Republic of South Sudan, consistent with our mandate to monitor, evaluate and oversee implementation of the Agreement, mandate and tasks of the RTGoNU as well as their adherence to an agreed implementation schedule.
3. My briefing today will therefore provide a chapter-by-chapter status update, highlighting key developments, recurring challenges, and conclude with recommendations.
Excellencies,
4. As you may recall, when I addressed the 7th Governors’ Forum last year, elections were scheduled to take place in 13 months, as per the Roadmap. At that time, key benchmarks necessary for creating an enabling environment for the conduct of credible elections in December 2024, were yet to be attained. These included, inter alia,completion of unification of forces, making of a permanent constitution to guide the conduct of elections, and sufficient elections preparations.
5. However, limited progress has been registered in the implementation of the critical elections-related tasks, hence the Parties’ decision to postpone elections and extend the Transitional Period from 22nd February 2025 to 22nd February 2027 with elections scheduled for December 2026. In this regard, the RTGoNU committed to develop a coherent strategy with a clear and overarching action plan, budget and timelines for the implementation of priority tasks of the extended transitional period.
6. Under Chapter 1 on governance, the reconstituted institutions related to elections processes, namely the National Elections Commission (NEC) and the Political Parties Council (PPC) commenced their work, having received initial funding for their preparatory activities. Further, the National Elections Commission reconstituted its subsidiary elections management bodies at the State level, the High Committees.
7. On legislative reforms, the National Constitutional Amendment Committee (NCAC), in February 2024, completed reviewing and drafting amendments of all the 25 pieces of legislation, as per its mandate. Most of these laws have been enacted by the Transitional National Legislature and assented to by the President. Further, the reconstituted Transitional National Legislature has continued to discharge its legislative and oversight functions pursuant to the Agreement.
8. Among the laws that have been assented to by the President, the recent and most critical ones include: The Anti-Corruption Commission Act; The Public Financial Management and Accountability Act; The Commission for Truth, Reconciliation and Healing Act; The Compensation and Reparations Authority Act; The National Bureau of Statistics Act; The Civil Aviation Authority Act; and The Tourism Act. It is imperative that all the enacted laws are implemented in order to achieve the envisaged transformation in the Revitalised Peace Agreement.
9. The ad hoc Judicial Reform Committee (JRC) has completed its mandate of studying and recommending appropriate judicial reforms. The JRC final report was validated and handed over to the RTGoNU at the end of October 2024 for its consideration and adoption. The RTGoNU should fast-track the implementation of the JRC’s recommendations, including the review of the Judiciary Act, reconstitution of the Judicial Service Commission, and the establishment of an independent Constitutional Court.
10. Regarding the registration of political parties in preparations for elections, 29 political parties had been fully registered by the Political Parties Council as at 30th June 2024. However, there were concerns raised that the registration fee of US $75,000 was deemed prohibitive, to which the Ministry of Justice and Constitutional Affairs was petitioned and provided a legal opinion. In addition, the Political Parties Act 2022, prohibits registration of political parties with armed wings. It is therefore essential for the Parties to the Agreement to expedite the completion of unification of forces to enable those currently with armed wings register and participate in elections.
11. Similarly, there are serious concerns that the Parties to the R-ARCSS have not adhered to the 35% minimum women representation threshold. Currently, no single woman holds the position of Governor or Chief Administrator in the Republic of South Sudan. RJMEC reiterates its appeal to the Parties to the R-ARCSS to adhere to the minimum women’s quota in the Executive and decision-making bodies at all levels of government.
Excellencies,
12. Since the last Governors’ Forum, it is encouraging to note that the Parties to the R-ARCSS have continued to adhere to the Permanent Ceasefire. However, there weresome incidents of intercommunal violence which were reported in Unity, Jonglei, Western Equatoria, Central Equatoria, Warrap and Lakes States. In addition, sporadic clashes were reported between the SSPDF and the National Salvation Front (NAS) of Lt Gen. Thomas Cirillo, especially in Central Equatoria State. Furthermore, last week’s security incident which led to loss of lives and disrupted the relative peace in Juba, is unfortunate and regrettable. RJMEC encourages dialogue for resolving disputes. In this regard, I commend the national and state officials for their ongoing peacebuilding and reconciliation efforts.
13. RJMEC further commends the RTGoNU for agreeing to resume the Tumaini Initiative in Nairobi. It is imperative that this dialogue remains guided by the spirit of compromise, inclusivity and reconciliation in order to contribute to enduring peace in South Sudan.
14. On Transitional Security Arrangements, the unification of forces has not progressed as expected since Phase I graduation of the Necessary Unified Forces. Out of 55,000 graduates, nine (09) battalions or approximately 7,000 of the military components were deployed in several parts of the country. The rest of the organized forces have not been deployed. The unification of Phase II forces and the DDR process have not yet commenced. The SDSR Board is yet to submit its validated policy documents to the Principals. In addition, the unification of the mid-level echelon Command is still pending.
15. In terms of humanitarian affairs, the RTGoNU launched the South Sudan Durable Solutions Strategy and Plan of Action for supporting refugees, returnees, IDPs and host communities. Also, some policies on humanitarian support and reconstruction were developed and await ratification.
16. The ongoing activities under this chapter include, among others, enactment of the NGO Bill, which is currently before the Transitional National Legislative Assembly; provision of support to returnees and refugees fleeing the conflict in Sudan; and, creation of an enabling environment for delivery of humanitarian assistance.
17. In terms of resource, economic and financial management, the South Sudan Revenue Authority (SSRA) has continued to outperform its targets in mobilising non-oil revenue and was able to largely support the government’s budget during the year. The Revenue Authority embarked on several capacity-building activities that have enhanced its ability to assess, collect and administer taxation. Further reforms are expected such as a review of the Customs Valuation Exchange rate, reduction in tax exemptions by 50%, introduction of betting, gaming, and lotteries tax and that of a Digital Service Tax (DST).
18. Several public service reform efforts such as the establishment of an effective public procurement and payroll system and cleansing exercise are ongoing. The focus is on the civil service, as the security services already have the relevant systems in place.
19. Furthermore, on the management of public finances, it was noted that the Draft National Budget for Fiscal Year 2024/2025 was submitted three months behind the budget preparation schedule which contravened the Public Financial Management and Accountability Act. This practice limits legislative scrutiny of the fiscal and budgetary policies and undermines transparency and accountability in resource allocation and utilization. Moreover, it stalls the activities of government agencies, especially in the implementation of the provisions of the R-ARCSS.
20. The Bank of South Sudan in executing its mandate of regulating the financial sector, embarked on a number of reforms to strengthen the banking system and improve its supervisory function and prudential regulatory role. It can now supervise the financial system, and with the support of development partners, improved its payment system. The Bank uses a real-time gross settlement system (RTGS) as well as the automated clearing house (ACH) network, thereby improving banking operations in the country.
21. However, the Bank of South Sudan’s role of promoting price stability has been thwarted by many challenges such as the reduction in oil production, the global economic downturn, the rising commodity prices and unfavourable external shocks. These have so far resulted in rising inflation within the country and a reduction of the value of the national currency against other convertible currencies. This, in general, led to increasing commodity prices that have had dire consequences on livelihoods, reduced the ability of the people with fixed incomes to consume and erode investor confidence.
22. Regarding the development of policies, strategies and programmes to better manage natural resources, there has been some progress in the Agricultural, Livestock, Fisheries and Wildlife sectors, water resources and land administration. The RTGoNU also engaged stakeholders on strategies on environmental protection to ensure sustainable development in South Sudan. However, there is need for greater efforts to develop and implement these policies.
23. The delivery of development assistance to South Sudan as contained in Articles 4.3.1.6 and 4.3.1.8 of the R-ARCSS requires the RTGoNU to ensure increased partnerships and coordination amongst development and humanitarian partners through participatory and transparent mutual consent and accountability. The development partners and the recipient of development assistance should provide timely and compressive data on donor support (aid flows) to the states, sectors and institutions. I therefore urge the RTGoNU to implement these provisions as they support the achievement of sustainable peace, by addressing economic considerations that fuel instability. The RTGoNU is further urged to expedite public financial management at the state level to ensure sufficient capacity to enable them to function as required.
24. On Transitional Justice, the Ministry of Justice and Constitutional Affairs drafted the Bills on the Commission for Truth Reconciliation and Healing (CTRH) and the Compensation and Reparations Authority (CRA). The Bills have been passed by the TNLA and assented to by His Excellency the President. What is now required is the establishment of the CTRH and CRA mechanisms and their operationalization. There has been no progress in setting up the Hybrid Court for South Sudan (HCSS). The RJMEC urges the RTGoNU to engage the African Union to meet and discuss the modalities for establishing the Hybrid Court for South Sudan.
25. With regard to the making of the Permanent Constitution under which provisions elections will be conducted, there has been some progress. The National Constitution Review Commission (NCRC) was reconstituted in December 2023 and thereafter developed its internal working documents. It submitted its action plan and budget to the RTGoNU and now awaits funding in order to commence its work. The NCRC is currently enhancing its technical and operational readiness to discharge its mandate. Key pending tasks include the recruitment of the Constitutional Drafting Committee (CDC) and commencement of countrywide civic education and public consultations.
26. In addition, the RTGoNU is required to establish the Preparatory Sub-Committee (PSC), a mechanism responsible for the convening of the National Constitutional Conference (NCC). The aspiration for a people-led and people-owned permanent constitution when achieved, will lay a firm foundation for a united, peaceful, democratic, and prosperous society based on justice, equality, respect for human rights and the rule of law. It is therefore pertinent that the RTGoNU establishes these Constitution-making mechanisms and avail funding to expedite the process.
Excellencies,
27. In spite of the aforementioned progress, implementation of the R-ARCSS has faced many recurring challenges. Key among these have been the lack of political will, lack of predictable and sufficient funding to the Agreement Institutions and Mechanisms, trust deficit among the Parties, capacity gaps within the various implementation mechanisms, insecurity caused by activities of some holdout groups, severe flooding and ramifications of the conflict in Sudan.
28. In light of the aforementioned, and given the theme of this Forum, I would like to make the following recommendations:
To the State Governments and Administrative Areas
a. Provide adequate security and promote open political and civic space at the state and local levels to enable the local populations to exercise their democratic rights and participate in the implementation of the Revitalized Agreement.
b. Enhance and support community-led dialogue initiatives aimed at reconciliation among different communities so as to address persistent intercommunal tensions in order to promote peace efforts.
c. Continue to support, coordinate and work with civil society, partners and stakeholders in disseminating the Revitalized Agreement at state and local levels.
d. Foster collaboration with the relevant Agreement institutions and mechanisms tasked with the implementation of the constitution-making process to enhance citizens’ participation at state and other lower levels of government.
e. Facilitate and collaborate with the CTRH and CRA mechanisms, once established and operational, at state and local levels as they spearhead truth, reconciliation, healing, and reparations throughout the country.
To the RTGoNU
f. Empower the state governments and administrative authorities and build their capacity to deliver services and undertake peacebuilding and reconciliation activities.
g. Complete the unification of forces and their deployment throughout the country to enhance security in the States and Administrative Areas.
h. Adopt the report of the Judicial Reform Committee and implement the recommended reforms to improve access to justice in the country.
i. Provide adequate, timely and predictable resources to Agreement Institutions and Mechanisms for the implementation of the R-ARCSS.
Excellencies,
29. In conclusion, the leadership of the country at the national and state levels should therefore use this Forum to reflect on the challenges that have faced the implementation of the Agreement and resulted in repeated extensions of the R-ARCSS. The critical question to be addressed relates to what should be done differently during the next 24 months to ensure completion of implementation of the critical pending tasks of the R-ARCSS, and creation of a conducive environment for the conduct of credible, peaceful, free, and fair democratic elections in December 2026.
30. I wish you fruitful deliberations.
I Thank You.
- Rt Honourable Speaker,
- Rt Honourable Deputy Speakers,
- Honourable Members,
- Distinguished Ladies and Gentlemen.
Good morning!
1. At the outset, I would like to thank Right Honourable Jemma Nunu Kumba, Speaker of the reconstituted Transitional National Legislative Assembly (TNLA) for inviting 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. As you are aware, RJMEC is the institution established under Chapter 7 of the Revitalised Peace Agreement with the mandate to, inter alia, oversee, monitor and report on the status of implementation of the Agreement.
3. Further, RJMEC is mandated to submit quarterly reports to, and brief the Executive of the Revitalised Transitional Government of National Unity (RTGoNU) and its Council of Ministers; the reconstituted TNLA; the Chairperson of the Intergovernmental Authority on Development (IGAD) Assembly of Heads of State and Government; the Chairperson of the IGAD Council of Ministers; the Chairperson of the African Union Commission (AUC); the Peace and Security Council (PSC) of the African Union (AU); the Secretary-General, and the Security Council of the United Nations.
4. In light of the aforementioned, this briefing summarises the latest RJMEC Quarterly Report covering the period from 1st July to 30th September 2024 and builds on the previous report presented to this august Assembly on 06th August 2024.
5. I will therefore highlight key chapter by chapter update on the status of implementation of the Revitalised Peace Agreement as reported, any recent developments, as well as pending tasks, challenges impacting implementation, steps RJMEC has undertaken to encourage the implementers, guarantors and partners to address them, and conclude with recommendations.
Right Hon. Speaker, Honorable Members,
6. Regarding preparations for elections, under governance, it should be recalled that early this year, RJMEC raised concerns on the slow implementation of the critical tasks required for the conduct of elections as scheduled in December 2024 and the lack of consensus among the Parties.
7. In that regard, RJMEC urged the Parties to urgently dialogue within the spirit of consensus, compromise and agree on the way forward to the conduct of elections in a timely manner. RJMEC further urged the Parties to continue with the implementation of the uncompleted tasks of the R-ARCSS.
8. Consequently, the Parties tasked the implementation mechanisms, namely the National Elections Commission (NEC), the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC), the National Bureau of Statistics, the Security Mechanisms and the Electoral Security Committee to assess their completed, ongoing and pending tasks and what would be required to accomplish them before the elections.
9. Following extensive deliberations over the criticality of the pending tasks such as the unification of forces, the permanent constitution which should guide elections and insufficient preparations for the conduct of elections, the Parties to the Agreement, by consensus, agreed in September 2024, to extend the Transitional Period from 22nd February 2025 to 22nd February 2027, with elections rescheduled to December 2026.
10. The decision to extend the transition period was endorsed by the RTGoNU Council of Ministers and consented to by RJMEC at its Extraordinary Meeting of 18th September 2024 in accordance to Article 8.4 of the R-ARCSS. Subsequently, this august Assembly ratified the decision on 20th September 2024 and was assented to by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, on 21st September 2024.
Right Hon. Speaker, Honorable Members,
11. On judicial reforms, the report of the Judicial Reform Committee (JRC) was pending validation, as reported in the last quarter. However, since then, there has been some positive development in this regard. The JRC final report was recently validated and subsequently submitted to the RTGoNU for its consideration and adoption. RJMEC welcomes this development and underscores the importance of a reformed, independent and effective judiciary as an important anchor of stability, rule of law and promotion of human rights. Accordingly, the RTGoNU is urged to expedite the adoption and implementation of the JRC’s recommendations.
12. RJMEC applauds this august Assembly for the continuous discharge of its legislative functions and for enacting laws in support of the implementation of the Agreement. It is encouraging that most of the Agreement-related laws have already been enacted by this august Assembly. The recent laws which received Presidential assent include The Tourism Act; The Public Financial Management and Accountability Act; The National Bureau of Statistics Act; The Commission for Truth, Reconciliation and Healing Act; The Civil Aviation Authority Act; and The Compensation and Reparations Authority Act. This is a welcome development and RJMEC looks forward to the enacted laws being operationalised.
13. However, during this reporting quarter, RJMEC noted with concern that there was a reduction in the positions held by women in the Executive, contrary to the minimum 35% threshold as stipulated in the Agreement. For example, the former Mayor of Juba City, a female, was replaced by a male. Further, it is observed that the only female governor in the country was recently replaced by a male governor, making all the ten states to have 0% women governor. RJMEC urges that whenever a female incumbent is replaced, the Parties to the Agreement should pay due consideration to the 35% minimum requirement of women’s representation in the executive and other decision-making bodies as stipulated in the R-ARCSS. In this regard, the RJMEC further remains concerned with the lack of adherence by the NEC to the 35% women representation in the appointment of the State High Committees.
Right Hon. Speaker, Honorable Members,
14. During the reporting period, the Permanent Ceasefire continued to hold, with no major clashes among the forces of the Parties to the R-ARCSS. However, some incidents of intercommunal violence were reported in Unity, Jonglei, and Lakes States, compounded by some security-related incidents in Juba.
15. In addition, sporadic clashes between the SSPDF and the National Salvation Front (NAS) of Lt Gen. Thomas Cirillo were reported in some parts of Central Equatoria State. CTSAMVM could not fully investigate and report on the SSPDF and NAS clashes because NAS does not have representation in CTSAMVM and there is no communication between CTSAMVM and NAS, despite the NAS allied to Gen. Cirillo having signed the Cessation of Hostilities Agreement of December 2017.
16. During the quarter, CTSAMVM submitted two violation reports, including one on the clash between the Unity State Governor’s Convoy Protection Team and SPLM/A-IO Forces in Jamus/Barkuor, Unity State. RJMEC submitted the reports to the Chief of Defence Forces (CDF) of the SSPDF and the Chairperson of the Joint Defence Board (JDB) urging implementation of the CTSAMVM recommendations on these two incidents.
17. On Transitional Security Arrangements, there has been very little progress on the unification of forces since the last report. The political process for the unification of the second command echelon has not yet been concluded. However, in July 2024, the Inspector General of Police (IGP) appointed 2,995 non-commissioned officers (NCOs) of the Necessary Unified Forces (NUF) police component into the South Sudan National Police Service (SSNPS).
18. On humanitarian affairs, the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) reported that humanitarian access was severely hampered by floods, bureaucratic hurdles, and a sharp rise in attacks on aid workers and facilities, with 52 incidents reported in August alone. Main supply routes in Malakal, Longochuk, Maban, Old Fangak, Rubkona, and Southern Unity were rendered impassable.
19. Due to these challenges on the use of road transport, the reliance on expensive air and river transport left more than 400,000 vulnerable people without essential support. Access to those in need was further constrained by the escalation of security incidents in various parts of the country, heightening the risk to humanitarian workers.
20. It is expected that the passage of the NGO Bill which is before this august Assembly, will help create a more conducive working environment for NGOs in South Sudan, thus improving access to those in need. By the end of the quarter, over 800,000 returnees and refugees had crossed into South Sudan, fleeing from the conflict in Sudan. Out of these, more than half remained stranded at the border counties in northern Upper Nile State, northern Unity State, and Northern Bahr el Ghazal State, in dire need of food, shelter and health services, among others.
21. In terms of resource, economic and financial management, the South Sudan Revenue Authority (SSRA) has continued to outperform its targets in mobilising non-oil revenue and was able to largely support the government’s budget during this quarter. This increase was attributed to increased domestic revenue through higher personal income tax collections, which accounted for fifty per cent of the total.
22. The Revenue Authority embarked on several capacity-building activities that have enhanced its ability to assess, collect and administer taxation. Further reforms are expected such as a review of the Customs Valuation Exchange rate, reduction in tax exemptions by 50%, introduction of betting, gaming, and lotteries tax and that of a Digital Service Tax (DST).
23. The establishment of an effective public procurement and payroll system and cleansing exercise under the public service reform efforts are ongoing. The focus is on the civil service, as the security services already have the relevant systems in place.
24. The Draft National Budget for Fiscal Year 2024/2025 was submitted to this august Assembly on 25 September 2024 three months behind the budget preparation schedule. The Resource Envelope for the period was given as SSP 2.258 trillion and the spending limit approved by the Cabinet was SSP 4.172 trillion. This created a spending gap or deficit that is estimated to be 85 percent of the available revenue. This deficit is to be financed through recovery in oil production, exchange rate alignment between the government official rate and the market determined rate, and concessional loans.
25. Recently, the regulations which govern the Public Procurement and Disposal of Assets Authority and the Bank of South Sudan’s statutory functions have been developed, thereby facilitating optimal execution of its mandate. In particular, efforts have been made in strengthening the financial system by the Bank of South Sudan to promote financial stability through the development of prudential regulations and frameworks.
Right Hon. Speaker, Honorable Members,
26. Under transitional justice, accountability, reconciliation and healing, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) which were passed by this august Assembly during the last quarter were pending assent; these two bills have now been assented to by the President. In that regard, RJMEC welcomes this development and calls for their operationalisation.
27. In terms of the permanent constitution-making process, during the reporting period, the reconstituted National Constitutional Review Commission (NCRC) continued to develop its work plans and strategy, conducted capacity building of its personnel and upgraded its institutional infrastructure as it awaits substantive funding from the RTGoNU to embark on civic education and public consultations. RJMEC notes that the NCRC is ready and capable to deliver upon its mandate, if adequately resourced. The TNLA is encouraged to prevail on the Executive of the RTGoNU to avail the requisite funding, in a timely and predictable manner, to all the Agreement mechanisms to deliver on their mandates.
Right Hon. Speaker, Honorable Members,
28. The implementation of the R-ARCSS has persistently faced recurring challenges resulting in a relatively slow pace of implementation. Among them are insufficient political will; lack of sufficient funding to the Agreement Institutions and Mechanisms; trust deficit among the Parties; capacity gaps within the various implementation mechanisms; persistent levels of intercommunal violence in some states; insecurity caused by activities of some holdout groups, severe flooding and ramifications of the conflict in Sudan.
29. In order to help the RTGoNU and the Parties to address these impediments, RJMEC has been holding high-level engagements with the members of the Presidency, the RTGoNU Executive, the leadership of the Parties, other South Sudanese stakeholders and adherents, regional guarantors, and partners and friends of South Sudan. RJMEC has urged them to demonstrate commitment and enhance support for the implementation of the R-ARCSS during the extended period.
30. In light of the aforementioned, RJMEC offers the following recommendations:
a. To the Parties to the Agreement and Relevant Stakeholders:
i. continue engaging in dialogue during this critical period of the extension with a view to implementing the critical outstanding tasks; and
ii. embrace the Tumaini Initiative as a means of bringing in, the holdout groups in the spirit of compromise, inclusivity, forgiveness and reconciliation, for the purpose of enhancing a united, peaceful and prosperous society based on justice equality and respect for human rights and the rule of law in the country.
b. To the RTGoNU:
i. avail requisite funding, in a timely manner, to the Agreement institutions and mechanisms and avail the overall funding of the peace agreement, as a matter of priority;
ii. ensure that the judicial reforms process complements the permanent constitution-making process and the conduct of elections;
iii. expeditiously set up functioning CTRH and CRA institutions and begin the task of truth and reconciliation to complement the overall peace agreement;
iv. create an enabling civic and political space for citizens’ participation in governance;
v. provide, as a matter of urgency, all the resources necessary to complete redeployment of the remaining NUF, and complete harmonisation of the command structure to achieve a unified force with a national character, under one Commander-in-Chief;
vi. pursue establishment of the Special Reconstruction Fund (SRF) and Board with a view to supporting the implementation of the R-ARCSS; and
vii. develop detailed workplans for the NCRC, Security Mechanisms, and the NEC while ensuring that these mechanisms are fully funded to allow them to continue the constitution-making and elections processes.
c. To the TNLA:
i. expedite the enactment of all pending amendment bills;
ii. participate in creating an enabling civic and political space, including by considering to amend the NSS Act so as to address the contentious provisions on arrests without warrants and detention of suspects; and
iii. continue supporting the allocation of the requisite resources for the financing of the implementation of the Revitalised Peace Agreement.
31. In conclusion, despite the challenges, the country remains relatively peaceful. RJMEC commends this august Assembly for its continued legislation and enactment of laws and oversight responsibilities. However, I would like to underscore that two years is a very short time and there is need for a sense of urgency, prioritization, focus and deliberate demonstration of practical implementation of the Agreement tasks within timelines. It cannot be business as usual; and much remains to be done if free, fair and credible elections have to be conducted by December 2026, under a permanent constitution as envisaged in the Agreement.
32. Therefore, having agreed to a two-year extension of the Peace Agreement, it is imperative that the RTGoNU, TNL and all other stakeholders should work diligently to complete the pending tasks of the Agreement, particularly those related to the Permanent Constitution-making, electoral preparations, unification of the forces, and transitional justice. At the same time, further opening up of civic and political space cannot be overemphasised, in order to provide an enabling environment for political participation by the general public, especially in the constitution-making and election processes.
33. All of these efforts should be consolidated by the RTGoNU availing sufficient financial resources to drive success in implementation of the R-ARCSS. The TNLA is therefore urged to enhance its effectiveness in discharging its oversight responsibility and to prevail on the RTGoNU to adhere to the agreed implementation schedule, provide funding and ensure accountable and transparent utilisation of allocated resources.
Right Hon. Speaker, Honorable Members, I Thank You!
…………………………………………………………….
Amb. Maj Gen (rtd) Charles Tai Gituai CBS
RJMEC Interim Chairperson
. H.E. Dr. Wani Igaa, Vice President of the Republic of South Sudan;
- Rt. Hon. Jema Nunu Kumba, Speaker of the TNLA;
- Hon. Losuba Ludoru Wongo, Minister for Federal Affairs;
- Mr Guang Cong, Deputy SRSG [Representative of UNMISS];
- Amb. Prof. Joram Biswaro, SRCC and Head of the African Union Mission in South Sudan
- Honorable Ministers, Excellencies
- Distinguished Ladies and Gentlemen,
- All Protocol Observed
Good Morning!
1. At the outset, I bring you warm greetings from H.E. Amb. Maj. Gen (rtd) Charles Tai Gituai, Interim Chairperson of RJMEC, who is unable to be here in person, at the opening of this high-level forum, due to unavoidable circumanstances.
2. On behalf of the Interim Chairperson of RJMEC, allow me to thank the Council of States, the Ministry of Petroluem and the Ministry of Finance and Planning for convening this forum on: “Fiscal Devolution, Wealth Sharing and Revenue Management in South Sudan”.
3. In a special way, I would like to extend RJMEC’s appreciation to the UNMISS and UNDP for their continued support to the implementation of the R-ARCSS and for facilitating the convening of this forum.
4. From RJMEC’s perspective, looking back to 2016, and prior, the conversations about federalism and its key tenets in the Republic of South Sudan have come a long way, and it is today very constructive, informative and progressive.
5. The ongoing conversations on federalism and the widely held expectation for a permanent constitution based on a federal system of government in the Republic of South Sudan after the Transitional Period, underscores a positive change in attitude, incuding the importance of getting the design and implementation of federalism right.
6. So far, a lot of work has been done by the Ministry of Federal Affairs which has developed a clear policy guideline on federalism, other line Ministries supporting this endeavors, the Transitional National Legislature enacting laws to support reforms and the implementation of the Agreement, and various partners such as UNMISS, UNDP, the Max Plank Foundation and the International IDEA, who have all contributed to this endeavour.
7. Today’s forum is particularly important, given that “fiscal responsibility and wealth sharing” are not only some of the key hallmarks of federalism but also an area fraught with conflicts, and sometimes, they are the key obstacles, for the implementation of a viable federal arrangement.
8. RJMEC therefore welcomes the timely nature of this high-level forum, delving deeper into this issue of fiscal federalism, wealth creation, and revenue management, and for bringing the reconstituted NCRC on board, to illuminate its various facets, listen to current concerns from the people on the ground, researchers, stakeholders, practitioners, and learn experiences and best practices.
9. Furthermore, I would like to underscore that this engagement is a positive step to achieving the provision of Article 4.1.6 of the R-ARCSS which states: “Revenue sharing shall reflect a commitment to devolution of powers and resources, and the decentralization of decision-making in regard to development, service delivery and governance”.
10. Furthermore, the conversations here will contribute to the implementation of Article 4.1.5 of R-ARCSS, which states that “the wealth of South Sudan shall be shared equitably so as to enable each level of government to discharge its reconstruction, development, legal and constitutional obligations, duties and responsibilities”.
11. In conclusion, for fiscal devolution to be effective, there are a number of preconditions which need to taken into consideration. They include, among others, a stable political environment; effective autonomous subnational governments; institutional capacity at regional/state and local levels of government; government accountability; effective democratic election infrastructure at all levels of government; and capacity to raise adequate levels of revenue locally.
12. Finally, RJMEC is optimistic and confident that the outcome of this forum will go a long way in identifying a viable fiscal federalism model for South Sudan that can enhance effective governance, equitable development, and sustainable peacebuilding in a democratic and federal South Sudan.
13. I wish you fruitful deliberations over the next two days.
I Thank You!
-Honourable Ministers,
- Excellencies,
- Ladies and Gentlemen,
Good morning!
1. I welcome you all to the 38th plenary meeting of the RJMEC. This is the first meeting since the Parties to the Agreement agreed to extend the Transitional Period by an additional 24 months, a decision that was endorsed by the Revitalised Transitional Government of National Unity (RTGoNU) Council of Ministers, and consented to by the RJMEC. It was then ratified by the Transitional National Legislature, and from there assented to by the President of the Republic of South Sudan, H.E. Salva Kiir Mayardit. The extended Transitional Period is therefore effective from 22 February 2025 to 22 February 2027, with elections due in December 2026. This is a tight timeline, which requires deliberate planning and a sense of urgency, in order to have all the critical pending tasks accomplished for the elections to take place as scheduled.
2. As you are all aware, the decision for the extension was met with mixed reactions, with many being disappointed at what felt like the continuation of an endless cycle of transitions. The slow pace of implementation and inability to adhere to timelines by the RTGoNU are major sources of concern. Consequently, due to the non-completion of the critical preparatory tasks of the Agreement required for elections, it was clear that the country was not ready for elections as previously scheduled in December 2024.
3. Throughout implementation of the Revitalized Peace Agreement, progress has been slowed down by many recurring challenges such as insufficient political will, trust deficit, lack of sufficient, dedicated and predictable funding, and capacity gaps. Therefore, there is unprecedented need to do things differently this time around. A clear demonstration by the RTGoNU to mobilise sufficient resources to implement the Agreement would be a strong indication of political will and commitment. As the honourable representative of the RTGoNU told us at the extraordinary plenary, “the bulk of funding must be internally generated.” It is our expectation that this funding will be availed immediately.
4. It is therefore expected that the RTGoNU and the various institutions and mechanisms of the Agreement will brief this meeting about their strategies to align and deliver their tasks within the extended Transitional Period. These should include action plans, budget, timelines, and resource mobilisation, and proactive engagement with the various other Agreement institutions and mechanisms.
Excellencies, Ladies and Gentlemen
5. In terms of the status of implementation of the R-ARCSS, I will highlight some of the recent developments since our last meeting, and then conclude with recommendations.
6. Firstly, governance. It is understood that the Political Parties Council (PPC), the National Elections Commission (NEC), the National Constitutional Review Commission (NCRC) and the National Bureau of Statistics (NBS) have each provided a timeline and accompanying budget to the RTGoNU covering the extended Transitional Period. It is expected that the RTGoNU will fund these institutions accordingly. In RJMEC’s view that, enhanced cooperation between these institutions can better align their respective workplans and priorities. It is expected that they will provide more details on their work to this meeting.
7. With regard to judicial reforms, RJMEC welcomes the validation of the final report of the ad hoc Judicial Reform Committee (JRC) which nears completion of its mandate, as provided for under Article 1.17 of the R-ARCSS. A reformed, effective, independent, and impartial judiciary in South Sudan will be an anchor of justice, liberty and the rule of law before, during and after elections, and for the future generations. It is now incumbent upon the RTGoNU to adopt this report and to effectively and expeditiously implement the recommended reforms. As demonstrated by both the National Constitutional Amendment Committee (NCAC) and the JRC, with financial and other support, Agreement institutions and mechanisms can deliver their mandates successfully.
8. In terms of women’s representation in the executive and legislative appointments, RJMEC would like to emphasise the importance of the minimum 35% threshold for their representation. Further, it is important to remind the Parties that when replacements in these appointments take place, they should not reduce the overall count of women in these positions. Instead, women’s representation should be increased in executive and legislative appointments. As was underscored at the recent 4th annual national conference on Women, Peace and Security, women’s leadership and full inclusion in peacebuilding and political processes is central to achieving lasting peace and security in South Sudan. The inclusion in leadership, will be boosted by the prioritisation of the impending Bills on Anti-Gender Based Violence (GBV), Women Empowerment, the Women Enterprise Development Fund, Persons With Disability, and Family Law, among others.
9. In regard to transitional security arrangements, The permanent ceasefire continues to hold, however, there have been several alarming incidents of violence in Nassir County, Upper Nile State, that have claimed several lives and displaced thousands of families. The incidents in Wondoruba and Jebel Iraqi in Central Equatoria State involved gruesome killing of approximately 26 youth, allegedly by uniformed personnel. I have been informed that a committee has been appointed to investigate the incidents in Nassir County and in Central Equatoria State. I would like to hear more from the JDB on this matter. Furthermore, I call upon CTSAMVM to expeditiously investigate these incidents. Those found responsible should be held accountable.
10. On the Transitional Security Arrangements, no progress has been reported since the last Plenary. The challenges that have long existed still persist, including lack of funding for security mechanisms and their activities, poor logistical support to Training Centres and Cantonment Sites, and lack of funding for the DDR Commission. The DDR Commission, established as per article 1.19.1.20 of the R-ARCSS, and being one of the most important commissions critical for the stabilisation of the country, reports that it has not been funded by the Government since its reconstitution. There are reports that NTC has been working on a consolidated workplans for the security mechanisms. This meeting expects to hear more on this from the NTC.
Excellencies, Ladies and Gentlemen
11. On Humanitarian affairs, there are growing humanitarian needs in South Sudan, considering the influx of refugees and IDPs due to the conflict in Sudan and the natural calamities like floods and increased food shortages. It was therefore welcome news to hear that the South Sudan Action Plan on Return, Reintegration, and Recovery was recently launched by the Vice President H.E. Rebecca Nyandeng. The national policy aims at providing durable solutions for refugees, IDPs, returnees and host communities. It is expected that the policy will help answer critical questions on how IDPs and refugees will be settled and participate in the constitution-making and electoral processes.
12. On Resource, Economic and Financial management, the regulations which govern the Public Procurement and Disposal of Assets Authority, and the Bank of South Sudan’s statutory functions have recently been developed following the passing of key legislation in 2023. In particular, efforts in strengthening the financial system through reforms to the Bank of South Sudan help to promote financial stability by regulating by law, all financial institutions. I therefore urge the Bank of South Sudan, to continue exercising its statutory functions, especially in relation to promoting price stability and monetary policy formulation, as per Article 4.2.2.2 of the R-ARCSS.
13. The submission of the Draft National Budget for Fiscal Year 2024/2025 to the TNLA on 25 September 2024 ,is three months behind budget preparation schedule. With funding being a key part of the requirements for the extended Transitional Period, it is important that the budget aligns with peace implementation needs in a timely manner. RJMEC urges its finalisation as soon as possible.
14. Furthermore, with the reported resumption of oil flowing through the pipeline that runs through Sudan, this should likewise provide budgetary support to peace implementation. More broadly, with the economic hardship currently being experienced in the country, RJMEC calls for the establishment of the Enterprise Development Fund, the Youth Enterprise Development Fund and the Women Enterprise Development Fund.
Excellencies, Ladies and Gentlemen,
15. On transitional justice, it is noted that the Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and Compensation and Reparation Authority (CRA) were passed by the Transitional National Legislative Assembly in September and thereafter submitted to the Council of States for scrutiny. The Bills have now been submitted to the President for assent. Given the critical importance of these Bills in enabling the establishment of the mechanisms that will spearhead goals of truth, reconciliation, justice, reparations and healing, RJMEC urges the RTGoNU to conclude enactment of the Bills and to prioritise the establishment and operationalisation of the CTRH and CRA.
16. In terms of the permanent constitution making process, RJMEC understands that the reconstituted National Constitutional Review Commission (NCRC) has taken steps to ensure its institutional readiness for the delivery of its mandate. In this regard, RJMEC takes note that ten members of the NCRC are awaiting formal appointments and swearing in, and appeals to the RTGoNU to expedite this process.
17. Furthermore, the NCRC has developed its action plan with a budget and timeline, and requires funding from the RTGoNU, to commence civic education and public consultation. RJMEC further appeals to the RTGoNU to avail the requisite resources and support to the NCRC to enable it to conduct its activities in a timely manner, given that the Permanent Constitution is a critical pre-requisite for the holding of elections.
Excellencies, Ladies and Gentlemen,
18. For its part, RJMEC has enhanced its diplomatic engagements since the last plenary, including having met various interlocutors, such as the First Vice President, the Vice Presidents, different national Ministers of the RTGoNU, Agreement Institutions and Mechanisms, regional guarantors, AU C5, Ambassadors and international partners based in Addis Ababa, Ethiopia, and in Nairobi, Kenya. These engagements have provided updates on the implementation of the R-ARCSS and sought to have a deliberate and aligned approach focused on enhanced support for the South Sudan peace process.
19. Given the aforementioned, and in light of the need to do things differently in order to adhere to the agreed timelines and implementation schedule as per the extended period, I would like to offer thefollowing recommendations to the RTGoNU:
a. Provide a strategy with a clear, coherent and overarching action plan, budget and timeline for the implementation of the priority tasks for the extended transitional period to build confidence, and aid ?resource mobilisation and support;
b. Coordinate the Agreement Institutions and Mechanisms so that their workplans are aligned, coherent, and collaborative to ensure effective and efficient implementation;
c. Mobilise and dedicate adequate and predictable funding to the Agreement Institutions and Mechanisms now and throughout the extended Transitional Period;
d. Enhance the effectiveness of the Government–Tri Lateral Taskforce to help identify areas of collaboration and support to address issues related to the constitution-making and electoral processes in a timely manner;
e. Increase women’s representation in the executive and legislative appointments up to and beyond the 35% minimum threshold given their centrality of the roles of women in achieving lasting peace and security in South Sudan;
f. Expedite the completion of the unification of forces and their deployment, and DDR;
g. Address questions of how South Sudanese refugees and IDPs will participate in the constitution-making and electoral processes; and
h. Complete enactment of the CTRH and CRA bills paving way for the establishment and operationalization of these critical transitional justice mechanisms.
20. In conclusion, I urge the Parties to replicate the spirit of collegiality, consensus and urgency, exhibited in extending the Transitional Period, to expeditiously implement the critical pending tasks within this extended period, especially the constitution-making and electoral processes, and the unification of forces.
21. Furthermore, it is important to observe that South Sudan has friends and partners who are willing to support the implementation of the Revitalized Peace Agreement, provided the RTGoNU leads the process by providing the bulk of the funding. Securing predictable funding and making early progress with the implementation of these outstanding tasks will therefore send a positive signal across the country that the Parties are making good on their promises and would attract timely support. I therefore appeal to the RTGoNU, to make a significant step in the implementation of the Agreement in these remaining months, before the end of the year, as a Christmas gift to the people of South Sudan.
22. I wish you fruitful deliberations.
I Thank You!
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.
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.
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!