STATEMENT 
BY 
H.E. AMB. LT. GEN. AUGOSTINO S.K. NJOROGE INTERIM CHAIRPERSON, RJMEC ON THE STATUS OF IMPLEMENTATION OF THE R-ARCSS DELIVERED TO THE 36TH EXTRAORDINARY SUMMIT OF THE IGAD HEADS OF STATE AND GOVERNMENT 14 JULY 2020 JUBA, S. SUDAN

Tuesday, 14 July 2020 17:33
  • Your Excellency, Chairperson of the IGAD Heads of State and Government

  • -  Excellencies, Members of the Summit

  • -  Your Excellency, IGAD Executive Secretary

  • -  Your Excellency, IGAD Special Envoy to South Sudan

  • -  Honourable Ministers,

  • -  Excellencies,

  • -  Ladies and Gentlemen,

  1. It is my honour to present to the Summit the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan, including my overall observations and recommendations. This report builds on the briefing I made to the members of the 71st Extraordinary Session of the IGAD Council of Ministers held virtually on 23 April 2020.

  2. My report today highlights the prevailing political, security, and humanitarian situation in the Republic of South Sudan as well as the status of the implementation of the R-ARCSS, and concludes with recommendations.

    Excellencies, Ladies and Gentlemen,

  3. My last statement to IGAD, which was to the 71st Extraordinary Session of the Council of Ministers in April, drew its attention to some governance issues that were holding up implementation of the Revitalised Peace Agreement. In particular, I reported that it is“regrettable that delays have persisted in the restructuring and reconstitution of the Transitional National Legislative Assembly and the Council of States, and agreement between the Parties on theresponsibility sharing at the State and Local Government levels.”

  1. Accordingly, the communique of the 71st Extraordinary Session of theCouncil of Ministers “noted with concern delays in the completion ofsome important pre-transitional tasks such as the reconstitution of the Transitional National Legislative Assembly (TNLA); and in this regard, urged the President of the Republic to dissolve the incumbent TNLA before 30th April 2020, and called upon the Parties to reconstitute the TNLA in accordance with the R-ARCSS within ten (10) days of the dissolution of the incumbent TNLA.”

  2. Furthermore, the same communique “also expressed concern with theimpasse among the Parties in agreeing on responsibility-sharing at the State and Local Governments levels; and in light of this, called on the Parties to immediately resume discussions and consultations and reach on an agreement within fifteen (15) days of the issuance of thisCommunique.”

  3. Your Excellencies, I can confirm that these tasks have not been successfully concluded yet. The Parties to the R-ARCSS have tried to address the issue of responsibility sharing at the State and Local Government levels in recent weeks, leading to the announcement on 17 June 2019 by Hon. Nhial Deng Nhial, the Minister for Presidential Affairs, that bilateral discussions between H.E. Salva Kiir Mayardit, President of the Republic of South Sudan and H.E. Dr. Riek Machar, the First Vice President, had resulted in agreement on the allocation of the ten states. Subsequently, on 29 June H.E. Salva Kiir Mayardit through Republican Decrees No. 51/2020 and 53/2020, named eight of the ten governors and three Chief Administrators of the Administrative Areas respectively.

  1. As I reported to the RJMEC members on 30 June in a virtual statement, this is still not in conformity with Article 1.16.1 of the R- ARCSS as the Other Political Parties (OPP) are not allocated a state as per Article 1.16.1.4. Since the announcement, a representative of the OPP, in a letter addressed to me, stressed that their parties were not consulted, or included in negotiations and were waiting for a resolution as would be communicated by the Chairperson of IGAD.

    Excellencies, Ladies and Gentlemen,

  2. I wish to note that according to CTSAMVM the Permanent Ceasefire is still holding, however of major concern has been the elevated levels of intercommunal violence in the states, which in recent months have been responsible for the loss of many lives and displacement of the civilian population. A very disturbing aspect surrounding these clashes is the military tactical deployment of, in particular, the Lou Nuer-Dinka Bor youths alliance in Gumuruk, which goes contrary to the common tribal youth raid-and-leave modus operandi. These are indicators that the youth have some support from the organised military forces.

  3. According to UNMISS, January to May 2020 has been the most violent period since the signing of the R-ARCSS, with 415 violent incidents recorded, up from 129 during the same period in 2018. UNMISS records further show that between January and March this year, at least 1,767 civilians were either killed, injured, abducted, or suffered sexual violence compared to 912 between the same period in 2019, with the majority of casualties arising from intercommunal violence. This violence has in part been due to delays in settling the responsibility sharing issue and the resulting power vacuum. I appeal to this Summit for its continued attention to the issue of responsibility sharing, as its resolution would greatly assist the implementation of the R-ARCSS, which is already much challenged by the COVID-19 pandemic.

  4. 10. Also of great concern is fighting allegedly between the SSPDF and NAS as well as between SPLM/A-IO and NAS in the Equatorias. The fighting is likewise causing deaths and displacement of civilian population at a time when communities are preoccupied with the fight against the COVID-19 pandemic. It has also resulted in sexual and gender-based violence (SGBV) including rape, of which I am deeply concerned. CTSAMVM continues to investigate these clashes, including in Morobo where it has resulted in the displacement of over 1000 households, whose residents are currently encamped within church compounds in the area. Also, residents in Lasu have reported to government authorities that SSPDF soldiers have been killing, raping, looting, harassing and destroying civilian property. CTSAMVM has also confirmed that there have been multiple cases of SGBV, specifically rapes and gang rapes, committed in Rubeke. In that regard, I welcome the announcement by the Chief of Defense Forces, General Okot that he has ordered the formation of a committee to investigate crimes committed by SSPDF personnel in Yei River County. I wish to draw the attention of the Summit to the fact that such acts are serious violations of the R-ARCSS. I also appeal to the Summit to impress upon the Parties involved to stop fighting and pursue peace as per the Cessation of Hostilities Agreement signed in Addis Ababa in 2017, and the Rome Declaration of January 2020.

  1. In terms of the humanitarian situation, the food security situation continues to look grim with 7 million people in South Sudan acutely food insecure. Humanitarian access is limited due to persistent intercommunal violence particularly in Jonglei, Warrap, Unity and Lakes States, as well as restrictions resulting from the COVID-19 pandemic. Furthermore, the May 2020 killing of three humanitarian workers in Uror, Jonglei during intercommunal violence has brought the total number of humanitarian workers killed to four in 2020.

    Excellencies, Ladies and Gentlemen,

  2. Besides the issue of responsibility sharing, several important issues remain unimplemented, and in the Transitional Period, they need to be prioritised for completion. In particular, these are:

    1. reconstitution of the Transitional National Legislature, comprising the Transitional National Legislative Assembly and the Council of States;

    2. unification of forces, including their redeployment; and

    3. DDR process for the former combatants.

 
  1. The Council of Minister’s last communique urged “the RTGoNU todemonstrate its commitment to sustainable peace in South Sudan by immediately disbursing the required funding for pending Transitional Security Arrangements related tasks.” In particular, thousands of forces that remain in cantonment sites and training centres are in dire need of food, medical supplies and other logistical support. In the training centres of Lologo and Pandit, where food shortages are particularly severe, commanders have warned of things going terribly wrong, if food is not delivered soon. In that regard, I wish to highlight the recent visits to some training centres by the Minister of Defense and the Chief of Defense Forces and others. They have given assurances to the trainees that food is on its way and that graduation will take place during this month of July. My expectation is that these tasks will proceed in a safe and timely manner, while allowing for the challenges presented by COVID-19 pandemic. I would also like to draw the attention of the Summit to the need for the establishment of the Special Reconstruction Fund, as per Article 3.2 of the Agreement.

  2. As we evaluate the Transitional Period, we can see that even while allowing for the challenges of COVID-19, the implementation of the R-ARCSS is not keeping up with the expected pace, and that there are indicators for hard times ahead. In view of this and the above said, I would like to conclude with the following respectful recommendations. The Summit to:

    a. urge for continued dialogue and trust-building among the Agreement Parties on all unresolved issues, including agreeing on the responsibility sharing at the State and local government levels, and the restructuring and reconstitution of the Transitional National Legislature. Also, encourage the Parties to continue to observe the 35 percent representation of women at the executive level;

  1. appealtothesignatoriesoftheRomeDeclarationtopursuethe Sant’Egidio peace process, including adherence to the Cessation of Hostilities Agreement of December 2017 and the Rome Declaration of January 2020;

  2. urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including for the graduation and redeployment of forces, currently at the training centres; and for the DDR Commission to provide for those who will not qualify to be part of the Necessary Unified Forces;

  3. urge the RTGoNU to prioritise tasks that can be effectively accomplished within the current context of the COVID-19 pandemic; and

  4. urge the appropriate authorities to continue to investigate all cases of sexual and gender-based violence (SGBV) and hold perpetrators accountable.

I thank you.