HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.  I welcome you all to the 19thRJMEC meeting. The 12 September 2021 marked exactly three years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) came into force. This month is roughly halfway through the Transitional Period, and due to the slow pace of implementation of the Revitalised Peace Agreement, the South Sudanese population, stakeholders, and peace partners are expressing increased levels of frustration. 

2.  Within the timelines of the Agreement, the Transitional Period is expected to end in February 2023, preceded by elections conducted 60 days prior, under a new Permanent Constitution. It is therefore important that we take stock of the progress we havemade so far, the critical tasks outstanding, the challenges, and recommend appropriate remedial measures to ensure accelerated progress and full implementation of the Peace Agreement in letter and spirit before the end of the Transitional Period.

Excellencies, Ladies and Gentlemen,

3.   In the spirit of taking stock, I will now look at implementation chapter by chapter.In terms of progress, under Chapter 1 on Governance: 

3.1.   the R-ARCSS has been incorporated into the Transitional Constitution of the Republic of South Sudan (TCRSS, 2011), as amended;

3.2.   the RTGoNU Executive has been fully established at both national and states levels – Ministers, Governors and Deputy Governorsfor all the 10 States have been appointed – as well as various States Executives and Local Government positions.

3.3.   the Transitional National Legislature (TNL), namely the Transitional National Legislative Assembly (TNLA) and the Council of States (CoS), has been reconstituted;

3.4.   on 30 August 2021 the reconstituted Transitional National LegislativeAssembly (TNLA) and the Council of States held their inaugural sitting, having been reconstituted and having most of their members sworn in.

3.5.   Both the Speaker of the reconstituted TNLA and one of the Deputy Speakers of the Council of States are women, both nominated by I-TGoNU. As we move forward, I continue to encourage the Parties to nominate more women in decision-making positions.

4.   Key outstandingissues to mention under governance include: 

4.1.   reconstitution of the States Legislative Assembly, lower Local Governments and reconstitution of relevant Institutions and Mechanisms at the national level;

4.2.   enactment of amended security legislations, the Political Parties Act, and the National Elections Act, among others.

5.   Overall, there was insufficient compliance in meeting the 35% minimum level of women’s representation.  

6.  With the Transitional National Legislature now operational, I expect that the two houses will embark on their legislative and oversight functions in support of the implementation of the R-ARCSS, including expediting the enactment of the pending bills. 

7.  I am encouraged to learn that on 10 September 2021, the RTGoNU Council of Ministers approved the Prisons Service, the SPLA and the Police Service amendment bills. I am further informed that the Council approved two constitutional amendment bills, which rectify discrepancies in the Constitutional Amendment Act No.6 (2020) and reflect changes that have been made to the Security Bills respectively. I expect the Minister of Justice and Constitutional Affairs to table the remaining reviewed bills for the Council’s approval and present them to the reconstituted TNLA for ratification and enactment.

8.  With regard to the judicial reforms under article 1.17 of the Revitalised Peace Agreement, some progress has been made in the establishment of the ad hocJudicial Reform Committee. The Parties have submitted their nominations to IGAD, except I-TGoNU.IGAD has also commenced the process of selecting both the Chair and Deputy Chair of the Committee.  I urge the I-TGoNU to submit its nominees, and IGAD to expedite the selection of the two positions. 

Excellencies, Ladies and Gentlemen,

9.  Next, under Chapter 2 on Security Arrangements, progress includes:

9.1.  the cessation of hostilities and the Permanent Ceasefire amongst the signatories to the Agreement continues to hold; 

9.2.  CTSAMVM continues to monitor and verify compliance by the Parties to the Permanent Ceasefire; and 

9.3.  some components of the 83,000 Necessary Unified Forces (NUF) have been trained, although these are yet to be graduated and redeployed as required by the R-ARCSS.

10.Keycritical issues to mention under security arrangements include:

10.1.  non-completion of the unification of forces, including no agreement so far on the command structure and force ratios, absence of any redeployment of the trained component of the Necessary Unified Forces (NUF). This contributes to the worsening security situation at the subnational level, compounds public frustration with the Parties, and undermines confidence in the peace process;

10.2.  lack of funding and resources for cantonment sites, and training centres; and

10.3.  lack of funding and resources to the DDR process, which is a very critical and essential component of the stabilisation of the country.

Excellencies, Ladies and Gentlemen, 

11.There are growing concerns over the worsening security situation. This includes CTSAMVM reports of violence in different parts of the country, such as the clashes between sections of SPLA-IO in Magenis. Furthermore, there have been distressing reports of violence between Balanda and Zande communities, in Tambura, Western Equatoria State, resulting in deaths of many civilians, including women and children, and internal displacement of some 80,000 civilians. The Joint Defence Board dispatched a team to Tambura to investigate the violence and recommended in the first instance the relocation of the forces. The convening of dialogue and reconciliation between the communities in conflict, involving both local and state-level leaders, is strongly recommended. In support of these efforts, RJMEC took part in an important High-Level Delegation visit to Tambura, organised by UNMISS on 16 September 2021. There is need for dialogue and peaceful resolutions to both these and other inter-communal and intra-party conflicts as opined in the region.

12.Furthermore, insecurity on the Juba–Nimule Road, and other main transport routes, must be addressed as a matter of urgency, as they are lifelines which underpin not only the normal functioning of the economy, but are also critical for humanitarian service delivery to those in dire need of aid. In late August, in Central Equatoria State, the looting of humanitarian supplies, destruction of NGO property, abduction of civilians and the rape of a 12-year-old girl at Nyore IDP Camp in the Lasu area took place, according to CTSAMVM reports.

13.Thereare recent attacks which have been attributed to the holdout groups, which CTSAMVM are investigating. While RJMEC remains concerned with the non-implementation of the Rome Resolutions, we appeal to the Parties concerned to resume negotiations underthe auspices of the Community of Sant’Egidio, which offers the opportunity to find a lasting solution.

Excellencies, Ladies and Gentlemen,

14.In termsof progress, under Chapter 3 on humanitarian affairs:

14.1.  some humanitarian corridors have been opened.  Some IDPs and refugees are gradually returning. Access impediments have generally reduced, but pockets of insecurity associated with SSOMA/NAS activities, inter-communal and subnational violence, or criminality, are reversing some of these gains, as witnessed with the loss of four aid workers this year, and recent events in Tambura.

15.Criticalissues to mention under the humanitarian chapter include: 

15.1.the worsening dire humanitarian situation experienced by millions of South Sudanese; and 

15.2.delayed establishment of the Special Reconstruction Fund (SRF) and Board (SRFB) as per Article 3.2 of the Agreement, to support the implementation of the Agreement, and pave the way for the convening of a donor pledgingconference.

16.I look forwardto UNMISS providing us with a more detailed picture of the current humanitarian situation. 

Excellencies, Ladies and Gentlemen, 

17.Progressunder Chapter 4 on economic and financial management reform includes:

17.1.the establishment of a competent and effective mechanism that oversees revenue collection, budgeting, revenue allocation and expenditure, which prioritised nine major reforms mandated in the R-ARCSS; and

17.2.improved revenue collection through the strengthening of tax administration, and establishment of a single treasury account. 

18.Key outstanding issues to mention under economic and financial managementinclude:  

18.1.  absence of the operationalisation of key institutions such as the National Audit Chamber, and the Anti-Corruption Commission.

18.2.  the absence of an approved national budget for the last two years; and

18.3.  finalisation by the RTGoNU of all the reviewed and drafted bills, including legislation to establish the Economic and Financial Management Authority and its supervising board to ensure effectivenessin discharging its duties. 

19.Regardingresource, economic and financial management, some recent progress has been made. The Ministry of Petroleum, for instance, identified loans collateralised by oil and forwarded to the Ministry of Finance for repayment. Bidding for oil blocks is now conducted transparently in the international market. The Ministry of Petroleum appealed to the Ministry of Finance and Planning to create the reserve funds from the petroleum revenue due to the Government. This requires 15% to go to the petroleum Revenue Stabilization Account and 10% to the future generations fund. Accordingly, we expect a more transparent and accountable sector. 

20.However, the review and transformation of the national oil company, the Nile Petroleum Corporation, which is crucial for transparency and accountability, has not commenced. It remains under the purview of the Presidency rather than the Ministry of Petroleum as required in article 4.8.1.14.14 of the Agreement. 

Excellencies, Ladies and Gentlemen,

21.Progress under Chapter 5 on transitional justice includes: 

21.1.  a roadmap for the implementation of chapter 5 has been approved by the Council of Ministers, with the Ministry of Justice and Constitutional Affairs appointed as lead Ministry;

21.2.  a Ministerial Taskforce has been appointed to coordinate implementation of Chapter 5; and 

21.3.  a Technical Committee has also been established to conduct nationwide consultations that will inform the legislation establishing the Commission for Truth Reconciliation and Healing (CTRH). 

22.Key outstanding critical issues to mention under transitional justice include:

22.1.  establishment of the Chapter 5 Mechanisms, especially the Hybrid Court for South Sudan and the Compensation Reparation Authority, to promote national reconciliation, healing and accountability: and 

22.2.  a dedicated funding for the Chapter 5 Mechanisms.  

23.Despite the establishmentof the Technical Committee for the Commission on Truth, Reconciliation and Healing (CTRH), it is yet to commence public consultations. The Committee is in urgent need of financial and technical resources from RTGoNU and international partners. In regards to the Hybrid Court for South Sudan (HCSS), I understand that the RTGoNU has approached the African Union to push forward the establishment of this Mechanism. I urge the RTGoNU and partners to give their full support to these critical processes. 

Excellencies, Ladies and Gentlemen, 

24.Progressunder chapter 6, the Permanent Constitution-making process includes: 

24.1.  preparations for the making of the permanent constitution are underway. The RJMEC successfully convened the Workshop for the Parties who agreed on the details for conducting the process as mandated under Article 6.7. The Ministry of Justice and Constitutional Affairs has completed drafting the Legislation to govern the Constitution-making process, which is now before Cabinet. 

25.Key outstanding issues to mention under the permanent constitution-making process include:

25.1.  adoption and enactment of the Constitution-Making Process Bill 2021 and establishment of the relevant mechanisms to embark on the making of the new constitution.

Excellencies, Ladies and Gentlemen,

26.Despite the achievements and challenges just mentioned, there are some cross-cutting challenges which have hampered the implementation of the Revitalised Peace Agreement thus far. These must be urgently and collectively addressed, if progress is to be sustained and accelerated. These are: 

26.1. insufficient political will among the Parties to compromise where needed and adhere to the letter and spirit of the Agreement;

26.2. trust deficit and lack of confidence among the Partiesincluding intra-Party disagreements and in-fighting, which continues to undermine progress in implementation of the Agreement generally; 

26.3.  missed timelines, delays and lack of prioritisation of key tasks, and inability of the Parties to sufficiently coordinate, cooperate, collaborate, compromise, and to forge consensus.     

26.4.  lack of sufficient funding and resources needed for the full implementation of the Agreement generally, and lack of prioritisation of critical security tasks such as Phase 1 graduation and redeployment of the Necessary Unified Forces, logistical supply for the cantonment sites and training centres, and the DDR Commission; and

26.5.  lack of efficient and effective coordination between the National Transitional Committee (NTC) and the Security Mechanisms, especiallyon logistics planning, and finance. 

Excellencies, Ladies and Gentlemen,

27.Given these serious challenges, and in our efforts to help unlock some impasses in the implementation of the Agreement, I have been involved in a number of high-level diplomatic engagements with the RTGONU leadership and the regional leaders to impress upon them the urgency of addressing critical issues that continue to impede progress.

28.Following my mission to Khartoum in June 2021 where I met H.E. Abdalla Hamdok, Prime Minister of the Republic of Sudan, Lt. Gen. Abdel Fatteh al Burhan,Head of the Transitional Sovereignty Council,I have continued the series of high-level engagements. Recently, together with the IGAD Special Envoy to South Sudan, H.E. Dr. Ismail Wais, we briefed H.E. Yoweri Museveni, President of Uganda, on the status of implementation of the R-ARCSS and appealed for his intervention to assist the Parties overcome the impasses. I also plan to continue with high-level diplomatic engagements with the leadership of IGAD member states on the same. 

Excellencies, Ladies and Gentlemen,

29.In conclusion, even though some progress has been made in the area ofgovernance, a critical concern remains on the security arrangements, which is fundamental to the peace process. The incidents in Tambura should serve as a stark reminder of their importance. I would like to make the following recommendations to this meeting:

29.1. urge the reconstituted TNLA to embark on their legislative and oversight functions, including expediting the enactment of the pending bills;

29.2. urge the RTGoNU to take concrete steps to address community-based and subnational conflicts, including operationalising the State-level security structures;

29.3. urge the RTGoNU to make financial resources available for the implementation of the Agreement, particularly completion of the Transitional Security Arrangements, and for DDR programmes;

29.4. appeal to the leadership of the Parties to urgently resolve the issue of the ratio of the unified forces and the unified command structure of the Necessary Unified Forces;

29.5. appeal to all Parties to the Sant’Egidio-led mediation to adhere to the Rome Resolutions, and to resume talks;  

29.6. appeal to the RTGoNU and international partners to urgently establish the Special Reconstruction Fund; 

29.7. urge the RTGoNU to initiate and legislate the establishment of the Economic and Financial Management Authority; 

29.8. urge the Technical Committee on the establishment of the CTRH to commence public consultations, and for partners to assist through the provision of financial and technical resources.

30.AsI said at the outset, we are three years into the implementation of the R-ARCSS and roughly halfway through the Transitional Period. Our stock-taking shows that for all that has been achieved, much more remains to be done. I look forward to this meeting recommending remedial measures to address the challenges which continue to slow progress in implementation. 

31.I wishyou fruitful deliberations. 

Thankyou.