STATEMENT BY H.E. MAJ. GEN. CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC ON THE STATUS OF IMPLEMENTATION OF THE REVITALISED AGREEMENT ON THE RESOLUTION OF THE CONFLICT IN THE REPUBLIC OF SOUTH SUDAN TO THE UNITED NATIONS SECURITY COUNCIL, 7 MARCH, 2022, JUBA, SOUTH SUDAN

-       President of the UN Security Council,

-       Distinguished Members of the Council,

-       Excellencies,

-       Distinguished Ladies and Gentlemen,

Mr. President

1.   I thank you for the opportunity to brief the Security Council of the United Nations for my first time as Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). I would like to offer my congratulations to the United Arab Emirates for assuming the Presidency of the UN Security Council this month, March 2022, and I thank them for inviting RJMEC to brief the Council this morning. We wish them the best in their Presidency. 

2.   RJMEC is the official oversight body mandated to monitor and evaluate the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), which was mediated by the Intergovernmental Authority on Development (IGAD). RJMEC oversees the mandate and tasks of the Revitalised Transitional Government of National Unity (RTGoNU), including the adherence by the Parties to the agreed timelines and implementation schedule.

3.   RJMEC is obligated under Article 7.9 of the R-ARCSS to submit quarterly status reports, followed by detailed briefings to this Council, and the following:

-       the Revitalised Unity Government Council of Ministers;

-       the Transitional National Legislative Assembly; 

-       the Chairperson of the IGAD Assembly of Heads of State and Government; 

-       the Chairperson of the IGAD Council of Ministers; 

-       the Chairperson of the African Union Commission; 

-       the Peace and Security Council of the African Union; and 

-       the Secretary General of the United Nations.

Since the Revitalised Peace Agreement was signed in September 2018, RJMEC has submitted 13 status of implementation reports. 

4.   Mr. President, although there has been some progress in the implementation of the Revitalised Peace Agreement, the end of the Transitional Period in February 2023 is fast approaching, and yet several critical tasks of the Agreement remain unimplemented.

5.   Therefore, my briefing to this august Council will focus on the key milestones achieved in the implementation of the Revitalised Peace Agreement to date, critical pending tasks, and requirements for the conduct of elections at the end of the Transitional Period as per the Agreement. I will also highlight recurring challenges and conclude with recommendations. 

Mr. President, Excellencies, Ladies and Gentlemen,

6.   As you may recall, in July 2016 armed conflict broke out in South Sudan within one year of signing of the 2015 Peace Agreement, and barely two months after the first coalition government was formed. By contrast, the 2018 Revitalised Peace Agreement has entered its fourth year and the Revitalised Unity Government marked its second anniversary last month, February 2022, an indication of comparative success. 

7.   Since its signing, the Revitalised Peace Agreement has contributed significantly to the following:

a)            cessation of violence across the country amongst the signatories to the Agreement and continued holding of the permanent ceasefire;

b)            the establishment and reconstitution of all Pre-Transitional institutions and implementation mechanisms of the Agreement;

c)             establishment of the Revitalised Transitional Government of National Unity and state level government;

d)            reconstitution of the Transitional National Legislature and the state assemblies;

e)            incorporation of the Revitalised Peace Agreement into the Transitional Constitution of the Republic of South Sudan (TCRSS, 2011), as amended;

f)              the review and amendments of all security related laws by the National Constitutional Amendment Committee (NCAC), which have been submitted to the Revitalised Unity Government, awaiting enactment;

g)            cantonment and screening, selection and training of Phase 1 of the Necessary Unified Forces, with approximately 50,000 trainees awaiting graduation and redeployment;

h)            opening of humanitarian corridors which has facilitated gradual voluntary return of some refugees and IDPs;

i)              stabilisation of the exchange rate and progress in implementing some economic reforms by the Revitalised Unity Government; and

j)              development of a roadmap for implementing the requirements of Transitional Justice and the making of the Permanent Constitution.

8.   The above progress notwithstanding, some critical tasks of the Agreement remain pending. Most notably, they include the following:  

a.     establishment of the ad hoc Judicial Reform Committee mandated to study and recommend appropriate judicial reforms to the Revitalised Unity Government; 

b.     ratification of eight bills by the Transitional National Legislature (TNL), namely six security bills, the Constitution Making Bill, and the Political Parties Bill;

c.      reconstitution of the Political Parties Council, and amendment of the National Elections Act, 2012, and reconstitution of a competent and impartial National Elections Commission (NEC);

d.     the unification of forces and their redeployment; 

e.      implementing Disarmament, Demobilisation, and Reintegration programmes;

f.       addressing the challenges of reconstruction, repatriation, resettlement, rehabilitation and reintegration of IDPs and returnees;

g.     establishment of the Special Reconstruction Fund (SRF) and Board and the convening of a South Sudan Pledging Conference to support its humanitarian and reconstruction efforts;

h.     reforming the Public Financial Management institutions, especially the National Audit Chamber and the Anti-Corruption Commission to enhance transparency and accountability;

i.       establishment of the three Transitional Justice mechanisms, namely the Commission for Truth, Reconciliation and Healing, the Hybrid Court for South Sudan, and the Compensation and Reparation Authority; and

j.       Completion of the permanent constitution making process to guide the conduct of elections.

9.   In RJMEC’s assessment, the tasks most critical for the conduct of free, fair and credible elections under the Revitalised Peace Agreement are the unification of forces and their redeployment, enactment of the permanent constitution, review of political parties and electoral related laws, and reconstitution of the Political Parties Council and the National Elections Commission. 

10.         I wish to underscore the importance of a people-led and people-owned Permanent Constitution, which will be the cornerstone of the state of South Sudan, preparing the way for a democratic transition through free, fair and credible elections. 

Mr. President, Excellencies, Ladies and Gentlemen, 

11.  Overall, progress in implementation of the Revitalised Peace Agreement has generally been very slow from the beginning, and there are several recurring challenges facing it. The challenges include lack of sufficient resources (both financial and material) needed for the implementation of the Agreement; insufficient political will and commitment of some actors; trust deficit amongst the Parties; capacity gaps; subnational violence and activities of the holdout groups; military defections from one signatory party to another; flooding; and the COVID-19 pandemic. 

12.  Given the challenges facing implementation, the critical tasks pending, and the Agreement timeline nearing expiry, RJMEC has tasked the Revitalised Unity Government to review the status of the implementation of the Agreement and develop a clear roadmap and strategy within the framework of the Revitalised Peace Agreement on how to implement the outstanding critical tasks as the end of the Transitional Period approaches. The roadmap should be consensus-based, with verifiable benchmarks and timelines.

Mr President, Excellencies, Ladies and Gentlemen, 

13.  I therefore conclude with the following recommendations to this Council: 

a)   actively engage the Revitalised Unity Government to ensure implementation of the critical outstanding tasks, especially the unification of forces and the permanent constitution making process, both tasks fundamental to the holding of free, fair and credible elections;

b)   encourage the Revitalised Unity Government to reconcile their inter-party differences and to work collegially in the best interests of South Sudan and its people;

c)    assist the Revitalised Unity Government’s efforts in mobilising resources from the international community to enhance implementation of the Revitalised Peace Agreement;

d)   support the Revitalised Unity Government to establish the Special Reconstruction Fund, and convene a South Sudan Pledging Conference to provide support to conflict-affected states and communities, as provided for in the Agreement; and

e)   continue supporting the full implementation of the Revitalised Peace Agreement and the conduct of free, fair and credible elections.

14.  Finally, Mr President, I would like to appeal to the Council to remain seized of the peace process in South Sudan, to encourage you to consider visiting the country again, and to continue supporting RJMEC in its mandate, including providing regular briefings to the Council on the status of the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan. 

I Thank You.