STATEMENT

BY

H.E. MAJ GEN CHARLES TAI GITUAI (RTD)

INTERIM CHAIRPERSON, RJMEC

TO THE

19thRJMEC MONTHLY MEETING 

Thursday, 28 October 2021

Juba, South Sudan

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.   I welcome you all to the 19thmeeting of the RJMEC. In recent weeks, I have maintained my initiative of regional diplomacy in order to help South Sudan remain on the agenda of IGAD and its member countries. In early October, for example, I held high level meetings in Addis Ababa, Ethiopia and Djibouti, where in particular, I impressed upon H.E. Demeke Mekonnen, Deputy Prime Minister of Ethiopia, and the IGAD Executive Secretary Dr. Workneh Gebeyehu, the importance of the Transitional Security Arrangements (TSA), among other vital tasks. 

2.   I would like to remind all members that they have by now received a copy of the third RJMEC quarterly report 2021, a copy of which appears in your folders in front of you. Our assessment is that “more than half-way through the Transitional thirty-six-month period, progress in implementation is relatively slow. Some progress has been registered particularly within Chapter 1 of the Agreement led by the formation of the RTGONU, establishment of the Transitional National Legislative Assembly (TNLA), and formation of the state government.” The report also states that “the most important tasks of the Transitional Security Arrangements (TSAs, Chapter 2) have not been fully implemented.”   

3.  Today, I will provide an update on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) since our last monthly meeting, highlight key developments, outstanding tasks, challenges requiring remedial action, and conclude with recommendations. 

Excellencies, Ladies and Gentlemen 

4.   Regarding governance and the status of implementation of Chapter 1 of the Revitalised Peace Agreement, the full reconstitution of the Transitional National Legislature (TNL) at the national level is a welcome development. So far, the RTGoNU Council of Ministers has approved the five of the six security bills, as well as the Constitutional Amendment Bill, and the Permanent Constitution-Making Bill. Other important legislations which are still pending includes the National Security Services Bill and the Political Parties Bill. The timely enactment of these laws is critical to the transitional processes and reforms envisaged in the Agreement. I therefore urge the TNL to ratify these bills, preferably before the end of the year.

5.   A properly functioning government requires the full operation of the three branches of government, the executive, the legislative and the judiciary, at both the national and subnational levels. In that regard, I note that the state legislatures, which are critical to complete the state level governance structures, are not yet in place. Therefore, I urge that the Parties expedite the reconstitution of the State Legislatures in order to enable them perform their subnational duties. Furthermore, I reiterate my appeal for the RTGoNU to expedite the reconstitution of the Commissions and Institutions at the national level as stipulated in the agreement.

6.   In regard to the establishment of the Ad-hoc Judicial Reforms Committee (JRC), which is mandated to study and recommend appropriate judicial reforms to the RTGoNU, the SPLM/A-IO, SSOA, FDs, and OPP have already submitted their nominations. Still pending are the nominees of ITGoNU, and the IGAD appointees who are to Chair and Deputise the Committee.I urge both the ITGoNU and IGAD to finalise their nominations to the JRC. 

7.   Regarding chapter 2 on security, there has been little progress on the Transitional Security Arrangements (TSA) since my last report.  Earlier this month, the Presidency directed that plans and preparations for graduation of unified forces should be completed within four weeks. Consequently, the Joint Defence Board (JDB) was tasked to deploy three joint implementation teams to the Training Centres in Greater Upper Nile, Greater Bahr El Ghazal and Greater Equatoria. Their task is to screen, select, and organise the trainees into unified formations in preparation for graduation. Trainees who left the training centres have been ordered to return. It is my expectation that the directive of the Presidency is carried out in a timely manner. However, critical issues that remain unresolved in the TSAs include the unified command structure, force ratios between the Parties, disproportionate numbers of senior ranks, funding for sustaining the personnel in Cantonment Sites and Training Centres, as well as funding for the DDR Commission.

8.   The security situation in Tambura in Western Equatoria is still of great concern as large numbers of civilians remain displaced. Humanitarian assistance is hampered by the lack of secure access to areas where it is needed. However, CTSAMVM reports that the presence of the JDB team in Tambura over the past month has played a vital role in stabilising the situation. I look forward to hearing more about this from CTSAMVM and the JDB. I also call upon the RTGoNU, the State Government, traditional leaders and religious leaders to continue to work together and address the root causes of the situation in Tambura for the long-term solution.  

9.   Regarding the internal disagreements within the SPLM/A-IO following the Kit Gwang declaration, we continue to appeal to the two groups to resolve their differences through dialogue. I equally appeal to all Parties to the R-ARCSS who experience internal disagreements to endeavour to resolve those differences in an amicable manner within their parties’ constitutional framework and in accordance with the provisions of the R-ARCSS where applicable, particularly in regard to article 2.1.8, and 2.1.10.4.

Excellencies, Ladies and Gentlemen 

10.       According to UNOCHA, there are 700,000 people affected by flooding in 27 counties across eight states since May 2021, with the worst affected States reported as being Jonglei, Unity, Northern Bahr el Ghazal and Upper Nile.  Over two-thirds of the flood-affected counties are confronted with high levels of food insecurity, poor access to basic services and face the threat of water borne diseases. I commend all those who have extended assistance to help the flooding situation, but more resources are required to alleviate the suffering of those affected. The scale of humanitarian need in South Sudan should focus our minds on the urgency of establishing the overdue Special Reconstruction Fund (SRF), which is clearly much needed. In this regard, I urge the RTGoNU to work closely with international partners to establish the Board of the SRF without further delay.

11.       Furthermore, the safety of humanitarian workers remains a major concern. Of the 174 humanitarian access incidents reported by UNOCHA in the third quarter of this year, 97 were violence and threats against humanitarian personnel and assets. I would like to urge the RTGoNU and all concerned parties to ensure the protection and safety of aid workers to enable the delivery of much needed humanitarian services. 

12.       On Resource, Economic, and Financial management, key institutions required to ensure a transparent and accountable public sector, including the National Audit Chamber and the Anti-Corruption Commission, need to be reconstituted. I urge the RTGoNU to give these institutions the attention required. Within the context of the reforms to the petroleum sector as stipulated under article 4.8 on resource management, I welcome the ongoing efforts to rationalise and streamline the sector, especially issues related to environmental impact, human resource management, and accountability and transparency in the management of oil resources. Furthermore, I understand that an environmental audit is underway in accordance to Article 4.9, and I expect to hear from the RTGoNU about when it will be complete and its outcomes. 

13.       With regards to Transitional Justice, public consultations on the establishment of the Commission on Truth Reconciliation and Healing (CTRH)are yet to commence as required under Article 5.2.1.3. The Technical Committee on the establishment of the CTRH has developed a 6-month work plan and a budget, which is yet to be funded. I appeal to the RTGoNU and the international community to support the work of the Technical Committee. On the Hybrid Court for South Sudan (HCSS), I understand that the African Union Commission and the Ministry of Justice and Constitutional Affairs have been holding talks to discuss modalities of establishing the Hybrid Court. I look forward to an update from the RTGoNU.

14.  With regards to the Permanent Constitution-making Process under Chapter 6, I commend the decision of the Council of Ministers to endorse the Constitution Making Process Bill 2021 this month. I call upon the reconstituted TNL to prioritise the enactment of this important bill. This will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC) and establishing of the Constitution Drafting Committee (CDC). These institutions are required in order to kickstart what is expected to be a national and people-centred constitution-making process in South Sudan. 

Excellencies, Ladies and Gentlemen,

15.       In conclusion, some progress has been made in the areas of governance, economics, transitional justice, and the constitution-making process. However, a critical concern remains on the Transitional Security Arrangements, especially the unification of forces, their redeployment and the DDR process, which as I have said many times is the backbone of the Agreement.

16.       I would therefore like to make the following recommendations to this meeting:

a)   urge the RTGoNU to expedite the approval of the revised National Security Services Bill and the Political Parties Bill;

b)   urge the reconstituted TNL to fast-track its handling of all bills due to be ratified, including the Permanent Constitution Making Process Bill 2021 before the end of year;   

c)    urge the RTGoNU and IGAD to finalise their nominations and the establishment of the ad-hoc Judicial Reforms Committee;

d)   urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including graduation and redeployment of unified forces, as well as for DDR programmes;

e)   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;

f)    urge the RTGoNU and partners to expedite the establishment of the Board of the Special Reconstruction Fund; 

g)   urge the RTGoNU to continue with all reforms required in Chapter 4, including the National Audit Chamber and the Anti-Corruption Commission as per Articles 4.4 and 4.5; and

h)  appeal to the RTGoNU and international community to support the work of the Technical Committee on the CTRH. 

17.       Lastly, I wish to reiterate my concern that we are already behind the agreed timelines and the implementation schedule. According to the timelines of the Agreement, it is 16 months to the end of the Transitional Period. Despite all that has been achieved, a lot remains to be done. I would like, therefore, to request the RTGoNU to provide members in our next meeting with a plan on how it will implement the outstanding tasks in the remainder of the Transitional Period.  

I wish you fruitful deliberations.  

Thank you.