STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC TO THE 21ST RJMEC MONTHLY MEETING 

THURSDAY, 10 FEBRUARY 2022

JUBA, SOUTH SUDAN

Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   This being our first meeting for the new year 2022, allow me to wish you all a belated Happy New Year. This Plenary meeting falls just under two weeks before we reach the point marking two years since the Revitalised Transitional Government of National Unity (RTGoNU) was formed. There is now just 12 months left of the Transitional Period, and elections are due to take place 60 days before it ends, and yet key unimplemented tasks are outstanding, including:

i)          Several important pieces of legislation are not ratified and state governments are not fully functioning;

ii)          the forces are not unified;

iii)         the Special Reconstruction Fund is not established, and millions of South Sudanese remain in refugee camps outside the country or in IDP camps;

iv)          public financial management reforms remain largely undone;

v)            the transitional justice mechanisms are not established; and

vi)          beyond the drafting of its legislation, the constitution-making process is not progressing as expected.   

2.   With much to be done in a short timeframe, it is important that the RTGoNU briefs this meeting on the practical remedial measures with which it intends to implement these, and other key tasks required by the R-ARCSS within the remaining timeframe. Today therefore, I will highlight some of the most recent progress on the implementation of the Revitalised Peace Agreement since our last monthly meeting, outstanding tasks, challenges requiring remedial action, and conclude with recommendations.

Excellencies, Ladies and Gentlemen,

3.   Regarding governance, since our last meeting, the Reconstituted Transitional National Legislative Assembly (TNLA) has enacted the Constitutional Amendment Bill No. 8, which therefore aligns the Transitional Constitution of the Republic of South Sudan 2011, (as amended) to the R-ARCSS. Also enacted is the Amendment Bill No. 9 which covers amendments made to some of the security bills. These bills have since been signed into law by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan.

4.   I am informed that the State Legislative Assemblies have been reconstituted in all the ten states, and it is encouraging that the Lakes State and Central Equatoria have sworn-in their members. I urge that the inauguration of the remaining State Legislative Assemblies be expedited so that they can discharge their oversight and legislative functions.   

5.   There are other outstanding tasks in governance, including the restructuring and reconstitution of the Commissions and Institutions at the national level in line with article 1.19 of the R-ARCSS, and the establishment of the ad hoc Judicial Reform Committee (JRC). On the JRC, I have been informed that IGAD has completed the process of selection of its Chairperson and Deputy Chairperson and is awaiting its operationalisation. 

6.   In regard to the Transitional Security Arrangements (TSA), and in particular, the screening, training and redeployment of the Necessary Unified Forces for Phase One, it is disappointing that progress remains very slow.  Since my last report, I have been informed that the three JDB Implementation Committees have undertaken their screening and selection tasks in the Training Centres. I look forward to receiving an update from the JDB at this meeting.

7.   I wish to restate my concern that DDR remains without the necessary support and funds from the RTGoNU. The DDR process is integral to the successful implementation of the Transitional Security Arrangements, and I urge the RTGoNU to ensure that the DDR Commission, an essential component of the TSAs, receives all the support it needs as a matter of urgency. That said, I welcome the Joint RTGoNU and ‘Friends of South Sudan’ Community Violence Reduction/DDR pilot initiative which is currently underway to complement the DDR Commission Strategy. I look forward to hearing more from the DDR Commission today.

8.   I received four verified violation reports from CTSAMVM this month which include:  i) the attack, rape and abduction of civilians in August 2021 attributed to NAS; ii) the killing and detention of civilians during clashes between SSPDF and NAS forces in September 2021; iii) forced recruitment of civilians by the SPLA/IO between October and December 2021; and iv) an attack on an SSPDF Barracks by NAS forces in November 2021. Consequently, I have since written to the Chiefs of Defence Forces of SSPDF, the SPLA-IO, and NAS to remind them of their responsibilities and to urge them to take action against perpetrators.   

9.   Turning now to the recent Kit Gwang issue, we urge parties to such conflicts to observe and work within the parameters of the R-ARCSS in achieving peace. Any defections or accepting defections by armed groups is contrary to the letter and spirit of the Agreement. Delays in the implementation of the Transitional Security Arrangements is a major contributing factor in the occurrence of defections. I therefore urge the RTGoNU parties to expedite the implementation of all the Transitional Security Arrangements, especially the graduation and unification of the forces, which will serve to lessen the likelihood of defections. I would like to hear the opinions of the RJMEC members on this issue. 

10.  I am concerned about continuing community-based violence, as exemplified by the recent attacks and loss of lives in Baidit Payam, outside of Bor, Jonglei State. The resulting displacement of civilians in incidences of such violence, and the added need for and strain on the delivery of humanitarian services, is worrying. I urge the RTGoNU to undertake measures to address the cycles of violence across the country and build durable peace. Fully functioning governments at the states’ level can have a positive impact.  

11.  Similarly, I continue to receive reports of clashes in the Equatorias between NAS forces and those of the SSPDF. I urge the Parties to the Rome peace process to adhere to their commitments to the Rome Resolution and Declaration, and the resumption of talks under the auspices of the Community of Sant’Egidio should provide an inclusive opportunity to address the insecurity in the Equatorias.

12.  On Sexual and Gender Based Violence (SGBV), while I note the efforts of the SSPDF and JDB to combat SGBV, I am concerned that there are still SGBV cases committed by some elements of the various forces being reported by CTSAMVM. I call upon the JDB to ensure accountability for violations committed by the forces. 

Excellencies, Ladies and Gentlemen,

13.  On the humanitarian situation, there are many outstanding challenges. The living conditions of flood-affected people in displacement sites remain dire and are likely to further deteriorate with the onset of seasonal rains. There are many hundreds of thousands of flood-affected people requiring humanitarian assistance. In terms of food security, reports from the FAO / WFP indicate that between February to May 2022, the magnitude and severity of already very high levels of acute food insecurity is likely to worsen. 

14.  Last year, an estimated 270,000 refugees were reported to have voluntarily returned to South Sudan, 28,440 of these having returned in December 2021 alone.  I commend UNHCR and the Relief and Rehabilitation Commission for their efforts to enable the movement of voluntary returnees. I urge the RTGoNU to expedite the establishment and operationalisation of mechanisms such as the State and National Level Task Forces on Solutions and local governance structures to enable the smooth management of voluntary returns.

15.  On Resource, Economic and Financial Management, I would like to commend the RTGoNU and its partners for efforts in catalysing the development of Micro, Small and Medium Enterprises through the newly lunched Enterprise Development project. In the spirit of the Agreement, South Sudan’s private sector and youth economic empowerment can only be achieved through improved capacity in entrepreneurship and access to finance

16.  Equally important, there is need to improve transparency and accountability in the management of public resources to ensure sustainable peace and development in South Sudan. In particular, there is great need for more emphasis on the management of the natural resources. In this regard, I urge the RTGoNU to finalise the review of the National Land Policy and legislate the reviewed 2008 Land Act. Considering the influx of returnees into the country and increased economic activity in the agriculture sector, it is important to address the challenges posed by land grabbing and other malpractices involving land. 

17.  Furthermore, there is need for the RTGoNU to develop a comprehensive policy for the use and management of Nile and other water resources, as per article 4.8.3 of the R-ARCSS, in order to attract increased investment in this sector. 

18.  On transitional justice, the Technical Committee on the CTRH establishment has completed its plans towards undertaking public consultations. The RTGoNU has committed SSP 25 million (approximately $60,000) to support this process, and the Ministry has indicated that additional support from partners for this process could be forthcoming. I urge the Ministry to now proceed quickly and commence the public consultations process.

19.   On the establishment of the Hybrid Court for South Sudan (HCSS), no progress has been observed here since our last meeting. On the Compensation and Reparation Authority (CRA), I am informed that the Minister of Justice is working with partners to obtain technical assistance in the area of compensation and reparation. Such support will go a long way in informing its understanding on how to draft appropriate CRA legislation.

20.  I wish to commend the UN Commission on Human Rights in South Sudan and partners for the recent conference convened between the 13 and 15 of December 2021 to enable stakeholders to work towards a shared vision for a holistic approach to transitional justice in South Sudan.

21. Lastly, on the permanent constitution-making process, there is no significant progress to report. The Constitution Making Process Bill 2021 is pending ratification by the Reconstituted TNLA. I urge the leadership of the Reconstituted TNLA to immediately present this bill for consideration and enactment, alongside the budget.

Excellencies, Ladies and Gentlemen,

22.   As we move towards the final 12 months of the Transitional Period, I would like to help focus minds and close my statement with the following recommendations:

a)   urge the reconstituted TNLA to expedite the enactment of the pending security, political parties and constitution making bills;

b)   urge the operationalisation of all the State Legislatures;

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

d)   urge the RTGoNU to work closely with international partners to establish the Board of the Special Reconstruction Fund without further delay, in line also with the recent AU PSC meeting resolutions. This is especially important considering the humanitarian and reconstruction challenges facing the country, including the continued need for aid for flood-affected communities;

e)   urge the RTGoNU and the African Union Commission to push forward with establishment of the Hybrid Court for South Sudan, and urge the Ministry of Justice and Constitutional Affairs to commence the public consultations on the CTRH; and

f)     urge the parties and stakeholders to commence preparations for their nominations of representatives to the different constitution-making institutions and mechanisms. 

23.        At this crucial stage of implementation, and with such a comparatively short time left in the Transitional Period, your insights on the challenges facing South Sudan are vital. I encourage you all to consider carefully this status of implementation report, and suggest practical remedial measures that can unlock progress. It is my expectation that RTGoNU will present to this meeting a clear roadmap on the way forward in regard to the implementation of the remaining tasks in the Agreement. Equally your proposals in this meeting will help guide the discussions and decisions of the RTGoNU.

24.        I wish you fruitful deliberations. 

I thank You.