STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC TO THE 18TH RJMEC MONTHLY MEETING, THURSDAY, 22 JULY 2021 JUBA, SOUTH SUDAN

Thursday, 22 July 2021 09:26

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning. 

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

2.  Since South Sudan attained its independence in 2011, the challenges of building the new nation state have been numerous. Notwithstanding the challenges, however, the country has made considerable progress, particularly in the last three years, and continues to have great potential for a bright future. Our collective commitment to the effective and efficient implementation of the R-ARCSS going forward will provide abetter way of honouring the sacrifices the South Sudanese have made in achieving the country’s independence. 

3.  Since our last plenary, RJMEC has continued its engagements at the highest levels both within South Sudan and regionally. This includes my continued engagements with the Presidency and key ministers in Juba, as well as a trip to Khartoum to meet the Chairperson of the IGAD Heads of State and Government, Sudanese Prime Minister H.E. Abdalla Hamdok, Chairperson of the Sovereign Council of Sudan, H.E. Gen Abdel Fatteh al Burhan, and Chairperson of the IGAD Council of Ministers, Sudanese Foreign Minister H.E. Mariam Sadig al Mahdi. I also had the opportunity of briefing the 72ndExtraordinary session of the IGAD Council of Ministers on 24 June 2021. Furthermore, I met the regional and international Special Envoys to South Sudan, and the Kenyan Foreign Minister. Discussions focused on ways to improve political will and commitment among the Parties, the need for the RTGoNU to allocate resources for the implementation of the Agreement, to implement the Transitional Security Arrangements, particularly the unification of forces and their deployment, and to enhance their implementation of all critical pending tasks of the R-ARCSS. 

4.  Today, I will provide an update on the status of implementation of the R-ARCSS since our last monthly meeting, highlight key developments, outstanding tasks, challenges requiring remedial action, and conclude with recommendations. 

Excellencies, Ladies and Gentlemen,

5.  To begin with, governance. You may recall that at the 17thPlenary meeting on 20 May 2021, I informed the RJMEC members that H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, reconstituted the Transitional National Legislative Assembly (TNLA). On 3 July 2021, the President also reconstituted the Council of States. However, for both houses to become fully functional, the swearing in of the members of these bodies is critical. This is important, particularly in the case of the TNLA because it should, upon commencement of its work, immediately ratify some important legislation that has been held up, such as the amended security bills, and the Constitutional Amendment Bill No. 8 (2020). In addition, there are still the matters of the reconstitution of the State Legislative Assemblies, and the restructuring and reconstitution of Institutions and Commissions at the national level.

6.  I reiterate my call to the leaderships of the Parties that when making appointments to the national or state level executives and legislatives, the 35% level of women’s representation should be observed. Considering the youthful population of South Sudan, it is important that the youth are represented in these appointments, in accordance to article 1.4.5 of the R-ARCSS. 

7.  Also important in Chapter 1 is the requirement for judicial reform under Article 1.17 of the Agreement.  Accordingly, I am pleased to report that steps are underway to establish the Ad-hoc Judicial Reform Committee (JRC), which is mandated to study and recommend appropriate judicial reforms. I commend the Minister of Justice and Constitutional Affairs, and his taskforce, for endorsing the draft Terms of Reference, jointly developed by RJMEC and IGAD advisors. This now paves the way for IGAD to nominate the Chairperson and Deputy for this Committee and for the Parties to nominate their representatives, and I have taken this matter up directly with those responsible. 

8.  Now, on security issues. Regarding the Transitional Security Arrangements, there has been little progress. However,on 8 June 2021, the Presidency resolved to accelerate the process of graduating the unified forces, and developing a unified command, and to relocate both government and opposition forces to the cantonment sites for further training. Furthermore, the President directed the mobilisation of the necessary logistics support for the unified forces. Consequently, the National Transitional Committee (NTC) provided some resources to the Security Mechanisms. I look forward to hearing more this morning from the NTC or the Mechanisms on the nature of these resources, and how they have been allocated. That said, some trainees continue to leave training centres due to the lack of food, medicines, shelter, and separate facilities for women. 

9.  I am informed that the Joint Defence Board (JDB) dispatched three committees to assess the conditions of the training centres and the state of readiness for graduation. I expect to hear more from the JDB this morning about the outcome of the assessment and plans for graduation and redeployment of the Necessary Unified Forces (NUF). In the same vein, I would like to hear from the RTGoNU about progress made on resolving the issue of the ratio of the unified forces and Unified Command Structure, as this is very central to the graduation and redeployment of the NUF. 

10.  Regarding Disarmament, Demobilisation and Reintegration (DDR), I remain concerned that the process is still lagging behind. I am informed, however, that the DDR Strategy and Policy documents and budget requirements have been submitted to the Chairperson of the National Transitional Committee and have been approved for submission to the Council of Ministers. Accordingly, I urge the RTGoNU to ensure the necessary commitment and requisite funding for DDR activities without further delay to ensure that DDR is synchronised with the unification process.

11.  At the 17thPlenary, I reported to the members about the disruption to CTSAMVM’s work due to the absence of National Monitors since April. I am glad to inform you that this matter has been resolved by the RTGoNU which has provided the funding.

12.  The worrying trend of increased insecurity continues in some parts of South Sudan, such as the states of Jonglei, Lakes, Warrap and Upper Nile, and is related to communal and community-based violence. Furthermore, Central Equatoria continues to experience incidents of fighting between the SSPDF and National Salvation Front (NAS), the hold-out group. Taken together, this causes considerable civilian harm, including fatalities, and poses a threat to the ongoing stability of South Sudan. The completion of the unification of forces and the Transitional Security Arrangements will help address the conflicts, as would the establishment of the state security committees across the country. 

13.  The Rome talks between the RTGoNU and the South Sudan United Front/Army (SSUF/A) and the Real SPLM, both under the umbrella of SSOMA, have continued in a positive, constructive, and amicable atmosphere. In the just-concluded round of talks held in Rome, Italy, from the 15 to 18 July 2021 under the auspices of the Community of Sant’Egidio, agreement was reached to commence integration of SSUF/A and Real SPLMrepresentatives into CTSAMVM structures. Furthermore, the parties agreed to a three-month timeline (September to November 2021) to negotiate and conclude key issues as laid down in the Naivasha Declaration of Principles. I urge the parties to adhere to this timeline and speedily conclude discussion on these pertinent issues in order to further contribute to the peace process in South Sudan.  

Excellencies, Ladies and Gentlemen,

14. With regard to humanitarian affairs, even though, overall, there have been some improvements, including gradual returns by IDPs and refugees, the previously mentioned state of insecurity only serves to undermine progress and reverse some of the gains already made, including the slowing down of voluntary returns. This year, four aid workers have been killed, including two on 7 June 2021 in Lakes State, highlighting the continued dangers faced by aid workers in some parts of the country.

15.  I would like to take this opportunity to remind us of key humanitarian tasks. Chapter 3 of the R-ARCSS requires secure access to civilian populations in need of emergency humanitarian assistance and protection, and the right of Refugees and Internally Displaced Persons (IDPs) to return in safety and dignity. Further, during the Transitional Period, the RTGoNU is mandated to immediately institute programmes for the relief, protection, repatriation, resettlement, reintegration and rehabilitation of returnees and IDPs. I urge for greater efforts on the part of the RTGoNU to ensure that these tasks are implemented in letter and spirit in order to alleviate the humanitarian challenges in the country.

16.  Regarding resource, economic and financial management, I welcome the Youth Enterprise Development Fund Bill and expect it will be enacted as soon as possible. Similarly, the establishment of the Women Enterprise Development Fund is essential to support women-based enterprise development and build capacity of women entrepreneurs, and I urge for its establishment. Both funds are critical to strengthening the private sector and creating much needed employment for these two disadvantaged groups. Indeed, I urge the RTGoNU to undertake all those actions listed at Article 4.15.1 of the R-ARCSS to stimulate economic activities in the country. 

17. The Oversight Committee for Public Financial Management continues to control revenue collection, budgeting, revenue allocation and expenditure, and has noted an increase of over 150% in non-oil revenues collected in the first ten months in the financial year 2020/21, compared to the whole of the financial year 2019/20. This is due to enhanced tax administration and collection, and greater economic activity. 

18.  Effective conduct of the Public Financial Management reforms and protection of public resources require the full functioning of the vital bodies, the Anti-Corruption Commission, the National Audit Chamber and the Fiscal, Financial Allocation and Monitoring Commission. I urge that these institutions be restructured and reconstituted in order to carry out their activities in full. 

19.  Regarding transitional justice, the RTGoNU through the Ministry of Justice and Constitutional Affairs (MoJCA) recently launched the national public consultations for the establishment of the Commission for Truth, Reconciliation, and Healing (CTRH) under Article 5.2.1.3 of the R-ARCSS and inaugurated the Technical Committee that will drive this consultation process. I look forward to the Technical Committee’s report and accompanying recommendations which will inform the establishment of the CTRH, which will in turn spearhead efforts to address the legacy of conflicts, promote peace, national reconciliation, and healing.

20.  On the establishment of the Hybrid Court for South Sudan (HCSS), we are aware that the RTGoNU has contacted the African Union Commission (AUC) and indicated its readiness to discuss terms of establishment of the HCSS, as per Article 5.1.5 and 5.3.1.2 of the R-ARCSS. This development should contribute positively towards the establishment of the Court.

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

22. Amongst the key resolutions of the Workshop was the establishment of a Constitutional Drafting Committee as a specialised technical body to draft the constitutional text and accompany the process at all stages. Further, the resolutions covered the composition and criteria for nominations of the reconstituted National Constitutional Review Commission (RNCRC), the Preparatory Sub-Committee (PSC) for the convening of the National Constitutional Conference (NCC), and civic education and public participation at all stages of the constitution-making process. RJMEC officially handed over the Resolutions to the RTGoNU on 10 June 2021. Subsequently, RTGoNU has now commenced the drafting of the legislation that will govern the constitution-making process. 

23. Lastly, about the RJMEC Working Committees. These mechanisms are instrumental to the monitoring and evaluation of the implementation of the R-ARCSS. On the whole, they have been working quite well, despite challenges of irregular attendance by some members. It is critical that all Parties’ representatives recognise the importance of these meetings and attend regularly, as per 7.3 of the R-ARCSS.  

Excellencies, Ladies and Gentlemen,

24. In conclusion, even though some progress has been made in some areas of implementation of the Agreement, a critical concern remains on the security arrangements, which is fundamental to the peace process. I would like to make the following recommendations to this meeting:

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

b)  appeal to the Parties to the Agreement for continued dialogue and trust- and confidence-building among them on all unresolved issues, with a greater show of political will and commitment; 

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

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

e)    urge the RTGoNU, in the spirit of addressing the insecurity in the country, to complete the unification of forces and the Transitional Security Arrangements, and establish the state security committees across the country;

f)     urge the RTGoNU to ensure that programmes for the relief, protection, repatriation, resettlement, reintegration and rehabilitation of returnees and IDPs are instituted; and 

g)     appeal to all actors under SSOMA to pursue diligently the Sant’Egidio mediation process, including adherence to the Cessation of Hostilities Agreement of December 2017, the Rome Declaration of January 2020; and to expedite the inclusion of the SSOMA representatives into the CTSAMVM structures as agreed, and for the SSUF/A and the Real SPLM to implement the Naivasha Declaration of Principles of March 2021, and the Agreed Agenda of the Rome Initiative of July 2021.

25.   With the memories of celebrating ten years of independence fresh in our minds, we note that the months of August and September mark the half-way point of the Transitional Period and the three years since the signing of the R-ARCSS respectively. It is therefore imperative that the RTGoNU redoubles its efforts on the implementation of the remaining tasks that lay ahead of them.

I wish you fruitful deliberations.