STATEMENT BY H.E. AMBASSADOR MAJ. GEN. (rtd) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE HIGH-LEVEL GOVERNORS’ FORUM

 Wednesday, 23 November 2021, Juba, South Sudan 

-       Your Excellency Gen. Salva Kiir Mayardit, President of the Republic of South Sudan

-       Your Excellency Dr Riek Machar Teny, First Vice President of the Republic of South Sudan and Chair of Governance Cluster; 

-       Your Excellency, Dr James Wani Igga, Vice President of the Republic of South Sudan and Chair of Economic Cluster; 

-       Your Excellency, Taban Deng Gai, Vice President of the Republic of South Sudan and Chair of Infrastructure Cluster;

-       Your Excellency, Hussein Abdel Bagi, Vice President of the Republic of South Sudan and Chair of Services Cluster;  

-       Your Excellency, Rebecca Nyandeng De Mabior, Vice President of the Republic of South Sudan and Chair of Youth and Gender Cluster; 

-       The Rt Hon. Jemma Nunu Kumba, Rt Hon. Speaker of the Reconstituted TNLA, 

-       Your Excellency, Nicholas Haysom, SRSG and Head of UNMISS 

-       Honourable Ministers, 

-       Governors, Deputy Governors and Chief Administrators of the Administrative Areas 

-       Excellencies Ambassadors, 

-       Distinguished Ladies and Gentlemen,

Good morning!

1.   It is my distinct honour to address this 6th High-Level Governors’ Forum, as the Interim Chairperson of the RJMEC this morning. When I had the privilege to address this Forum last year, I emphasized the core responsibility of the RTGoNU executives at national and state levels to ensure the full and timely implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). 

2.   This November, the implementation of the R-ARCSS is already in its fifth year since it came into force in 2018. Notwithstanding the challenges, progress has been witnessed over the past years, including resolution of the number of states and their boundaries, establishment of executive and legislative arms of government at national and state levels, legal and institutional reforms, adherence to the permanent ceasefire, unification of the Command Structure and graduation of the first batch of the unified forces, among others.   

3.   However, aware of the fact that there are critical outstanding tasks of the R-ARCSS within the limited timeframe left, RJMEC requested the Parties to the R-ARCSS to prepare a roadmap and strategy for the implementation of the outstanding tasks. 

4.   On 2nd August, the Parties reached consensus on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the R-ARCSS. The Council of Ministers of the RTGoNU endorsed it on 4th August, RJMEC consented to it on 1st September and the RTNL ratified it on 16th November 2022 pursuant to article 8.4 of the R-ARCSS. The Roadmap, which now extends the Transitional Period by 24 months from February 2023 to February 2025, was developed and owned by the Parties to the R-ARCSS themselves. 

5.   It is encouraging that the theme of the 6th Governor’s Forum is themed ‘accelerating the implementation of the Revitalized Peace Agreement in accordance with the Roadmap 2022. This Forum, which is such an influential policy platform, is a very timely way in which to collectively address this issue, and I would like to thank the Ministry of Presidential Affairs, with support from the UNDP, for all their work in putting this Forum together. In particular, enhancing collaboration between all the RTGoNU structures from the national to the State levels is critical, particularly for timely, effective and efficient implementation of the R-ARCSS.

6.   In line with the mandate of RJMEC, my statement this morning will focus on the status of implementation of the R-ARCSS to date chapter by chapter, highlight key pending tasks, recurring challenges, and conclude with recommendations.    

Excellencies, Distinguished Ladies and Gentlemen,

7.   With regards to Chapter 1 on the RTGoNU, a number of tasks have been completed, key among these being:

a.   the number of states and their boundaries was resolved in February 2020 by returning to 10 states and three Administrative Areas, from the previous figure of 32 states;

b.   formation of government structures at the national and sub-national levels, including the executives and Transitional National Legislature and State Assemblies;

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

d.   the passing of numerous pieces of legislation by the Transitional National Legislature, including the Constitutional Amendment Bills, the SSPDF Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill; and the Constitution-making Process Bill, and ratification of the Roadmap; and

e.    initiating judicial reforms through the establishment of the ad-hoc Judicial Reform Committee in July 2022.

8.   Some key tasks of Chapter 1 remain outstanding. They include the restructuring and reconstitution of the Institutions and Commissions at the national level, judicial reforms and tasks related to elections. A focus on elections is important because it is a central task of the Revitalised Peace Agreement, and the Roadmap itself is geared towards a peaceful and democratic end of the Transitional Period. In the opinion of RJMEC, careful attention to the following will greatly assist in accelerating the implementation of the Agreement, which is critical for this Forum:

a.            provision of an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process;

b.            the process of making of the permanent constitution, the provisions of which will guide elections;

c.             completion of the phase 2 of the unification and redeployment of all the Necessary Unified Forces (NUF);

d.            the Political Parties Council needs to be reconstituted and operationalised;

e.             the National Elections Act, 2012 must be reviewed and amended so that it conforms to the R-ARCSS and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections;

f.              implementation of programmes for relief, protection reconstruction, repatriation, resettlement, rehabilitation and reintegration of refugees, IDPs and returnees;

g.            various critical election processes must begun early, such as voter registration, and publication of the voters register six months prior to elections; and

h.            the security forces must prepare for elections-related security tasks at least six months before the end of the Transitional Period.

9.   On the Permanent Ceasefire and Transitional Security Arrangements (TSA), the completed tasks include:

a.         establishment or reconstitution of key Chapter II Security Mechanisms;

b.         establishment of Cantonment Sites and Training Centres throughout the country, and graduation of the Necessary Unified Forces has begun, with only one more graduation event scheduled to take place before Phase I is completed;

c.          reconstitution of the DDR Commission as a critical component of the unification of forces; 

d.         the holding of the Permanent Ceasefire between the Parties to the R-ARCSS despite violations at the tactical level; and

e.         Agreement on the Unified Command structure of the united forces.

10. Considering the fact that Transitional Security Arrangements are the backbone of the Agreement, it is important to flag the outstanding tasks, which were supposed to have been accomplished by 30 September 2022 as provided for in the Roadmap. These tasks include:  redeployment of Phase 1 of the graduated NUF and commencement of its Phase 2; finalisation of the Strategic Defence and Security Review documents; provision of clear and predictable funding for DDR programmes; and development of a clear plan for the management of weapons from troops going to training centres.

11. However, the conditions of instability in parts of the country, such as in some areas of the Equatoriasand Greater Upper Nile are complicating the implementation of the Transitional Security Arrangements. Subnational or inter-communal violence continues to sap the energy from full implementation of Chapter 2, as do the activities of the holdout groups. In particular, the State Governors present here today have a very important role to play in addressing these incidents of instability and the conditions which give rise to them.

Excellencies, Distinguished Ladies and Gentlemen,

12. Under Chapter 3 of the Revitalised Peace Agreement on humanitarian affairs, the opening of some humanitarian corridors which have facilitated free movement of goods, supplies, services, and people across borders, enabling some voluntary returns is a critical benchmark. According to reports from UNHCR, at least half a million South Sudanese refugees have spontaneously returned home since October 2018. 

13. Conversely, the current humanitarian context in the country presents a worrying picture. The magnitude and severity of humanitarian needs have continued to rise, due to the cumulative effects of prolonged community-based conflicts, widespread flooding, and high levels of food insecurity. Also, there are concerns regarding access and safety of humanitarian workers and their assets. This year alone, eight aid workers lost their lives.

14. Under this chapter 3 therefore, there are critical tasks awaiting to be implemented. They include the establishment of the Special Reconstruction Fund and the Board of the Special Reconstruction Fund (SRF), including preparation for the SRF programme and a detailed action plan for the reconstruction of conflict affected states and other areas. The requirement for the SRF of an initial funding of not less than USD 100 million per annum by 30th August 2022 in accordance to the Roadmap,has not been implemented. Without establishing the SRF, the South Sudan pledging conference cannot be convened. In addition, the R-ARCSS requires that the 2016, NGO Act should be reviewed to ensure that it is aligned with international best practices. But this law is yet to be reviewed and amended.

15. The tasks which are within the purview of the RTGoNU to be addressed include: the creation of an enabling environment for the delivery of humanitarian assistance; instituting programmes for relief protection, repatriation, reintegration and rehabilitation of IDPs and returnees, and offer special consideration to the war-affected persons in the provision of public service delivery, including access to health and education; guaranteeing the rights of refugees to return in safety and dignity, and the rights of returnees and assist in the reunification of separated families; guaranteeing refugee and IDP citizenship and ensuring IDs and all documentation for spouses, property and land; and guaranteeing the rights of returnees and IDPs to return to their places of origin and/or live in areas of their choice in safety and dignity.

16. Chapter 4, on Resource, Economic and Financial Management. During the Agreement period so far, critical benchmarks have been reached in the following areas:

a.   establishment of a competent and effective mechanism that oversees revenue collection, budgeting, revenue allocation and expenditure; 

b.   review of all current employment in the oil sector;

c.    review, vetting and taking of corrective measures on all contracts awarded to oil service companies; 

d.   review and audit of the previous allocation and transfer of the 2% and 3% made to oil producing States and counties since 2011; 

e.    progress by the  Ministry of Petroleum in implementing reforms in the petroleum sector, including in the areas of employment and more transparent operations in the sale of oil.  

17. Overall, however, public financial reforms have been slow. The tasks in need of careful attention include: 

a.   completion of the audits designed to enhance the transparent management of the petroleum resources, such as the cost recovery audit and environment audit;

b.   completion of the audit of the Government’s Financial Statements, and completion of the review of banking laws; 

c.    review of the Fiscal and Financial Allocation Monitoring Commission;

d.   closing any Petroleum revenue accounts other than those approved by law, which was supposed to have been completed by 30th August 2022; and 

e.    review of the Petroleum Act 2012, the Anti-Corruption Commission Act 2009 and the Audit Chamber Act 2011.

 Excellencies, Distinguished Ladies and Gentlemen,

18. In terms of Transitional Justice, Chapter 5; as we know the Agreement provides for the establishment of three mechanisms, namely: Commission for Truth Reconciliation and Healing (CTRH); the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA).  

19. The following benchmarks have been achieved under the chapter:

a.   approval of a roadmap for the implementation of chapter 5;

b.   appointment of a ministerial task force to coordinate day to day implementation of Chapter 5;

c.    establishment of a consultations mechanisms i.e., the Technical Committee on CTRH establishment; 

d.   the launch and completion of the first phase of public consultations that will inform the legislation establishing the Commission for Truth Reconciliation and Healing (CTRH);

e.    study tours of The Gambia and later this month South Africa, to understand their transitional justice experiences, particularly around truth seeking and reconciliation processes;

f.     commencement of the drafting of the CTRH bill; and

g.    consultations commenced on good practices that will inform the Compensation and Reparation Authority legislative framework.

20. That said, none of the three mechanisms is established. Key outstanding tasks include: conducting public consultations with the other remaining stakeholders, such as  refugees, IDPs and the Diaspora for the establishment of CTRH;  establishment of CTRH by law, which was to be done by 30thOctober 2022 and operationalised by 30th November 2022; and initiation of legislation to establish the Hybrid Court for South Sudan and the Compensation and Reparation Authority.

21. Regarding Chapter 6, the constitution-making process was initiated by the RTGoNU in January 2021 with the adoption of a roadmap developed by the Ministry of Justice and Constitutional Affairs (MoJCA). RJMEC convened a workshop for the Parties and Stakeholders who agreed on the details for conducting the constitution-making process in May 2021, and its resolutions informed the Constitution-making Process Bill 2022 drafted by the Ministry of Justice and Constitutional Affairs and passed by the Transitional National Legislature last month, October.

22. Once the Bill becomes law, it will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), including the establishment of the Preparatory Sub-Committee for the convening of the National Constitutional Conference. The Agreement requires the Parties and other Stakeholders to submit the list of their nominees to the taskforce within 30 days after the coming into force of the Bill. Also, the Reconstituted NCRC is mandated to recruit the members of the Constitution Drafting Committee (CDC). These bodies are critical in the making of the new constitution to guide the conduct of elections at the end of the Transitional Period.

Excellencies, Distinguished Ladies and Gentlemen,

23. Throughout the period of implementation, various challenges have surfaced again and again. They include among others: the cumulative effects of prolonged subnational and inter-communal conflicts; capacity gaps; lack of funding; and the dire humanitarian situation contributed to by natural disasters such as floods.

24. Despite these challenges, and bearing in mind the slow pace of implementation, the Roadmap provides an opportunity to renew the impetus for building peace in South Sudan. There are immense tasks ahead, even with the extension, and time is of the essence.  The people of South Sudan deserve nothing less than total implementation of the Roadmap in letter and spirit in order to enjoy the peace dividends that it brings.

25. In conclusion, I would like to offer the following recommendations to the RTGoNU, which also comprise you, the Governors. Firstly, adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks. Next, all outstanding bills to be passed expeditiously by the TNLA. Then, pay careful attention to implementing all the tasks necessary for the smooth conduct of credible elections at the end of the extended Transitional Period. Throughout all governance-related tasks and appointments, ensure women’s participation in governance and decision-making at the Agreement-mandated level of 35%. Also please consider the Youth and People Living with Disabilities as well.

26. Next, complete phase 1 graduation and redeployment of the Necessary Unified Forces, and commence with phase 2, which is overdue, and avail funding and political support to the DDR programmes, which is an essential component of the unification of forces. Also important is to undertake initiatives aimed at addressing inter-communal violence and the conditions which contribute to it. Finally, RJMEC recommends to fast track the establishment and operationalisation of the Transitional Justice mechanisms, and to ensure a people-led and people-driven constitution making process.

27. The end state of the Revitalised Peace Agreement is democratic transition through elections, and I have listed some of the key tasks to be implemented to help ensure their smooth conduct. State Governments have a strategic role to play in creating an enabling environment for the successful implementation of the R-ARCSS, including the conduct of elections. 

28. I implore you to work collegially and in close collaboration with the national government, other state governments, lower-level government structures within your states, local capacities, and infrastructures for peace to ensure conflict early warning and mitigation, prevention, response and management. Your efforts will guarantee social cohesion, community security, safe political and civic space, public consultations during the permanent constitution-making process as well as during the time for conducting elections.

29. Finally, as the heads of State Government, I urge you to continue providing leadership in your respective States, strive to put the interest of the country first and work with your counterparts, no matter their political affiliations or identities, within the spirit of collegiality to implement the Revitalized Agreement of the Resolution to the Conflict in the Republic of South Sudan - R-ARCSS.

I Thank You.