STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON – RJMEC, TO THE 31ST RJMEC MONTHLY MEETING THURSDAY, 10 AUGUST 2023 JUBA, SOUTH SUDAN

Honourable Ministers,

Excellencies,

Ladies and Gentlemen,

Good morning.

1.    Welcome to the 31st RJMEC plenary meeting. As you may recall, in December 2021, faced with delays in the implementation of the critical pending tasks of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), RJMEC requested the Parties and the Revitalised Transitional Government of National Unity (RTGoNU) to develop and present their plan and strategy on how they will implement the critical pending tasks of the Agreement, in the remaining period of the Transition, which was supposed to have ended in March 2023.

2.    In response, on 4th August 2022, the Parties to the Agreement endorsed the Agreement on a Roadmap to a Peaceful and Democractic End of the Transitional Period of the R-ARCSS. The Roadmap, which sought to extend the timeline of the Transitional Period by twenty-four months from February 2023, outlined a number of priority tasks with timelines that the Parties to the Agreement considered critical for completion, before the conduct of peaceful and democratic elections in December 2024.

3.    Therefore, as we mark the first anniversary of the endorsement of the Roadmap by the Parties, we should take stock on what has been achieved, what is pending, and what needs to be done in the remaining time of the extended Transitional Period.

4.    In my remarks this morning, I will first take stock of the critical pending tasks which in accordance with the Roadmap should have been completed by now, then highlight some recent steps forward since our last meeting, offer my recommendations, and then invite the RTGoNU, the Parties to the Agreement, and all of us here, to discuss this, and offer remedial guidance on the way forward.

Excellencies, Ladies and Gentlemen,

5.    Firstly, under the governance chapter. As per the Roadmap, by August 2023, the following pending tasks should have been completed by now, namely:

a.    the work of the ad hoc Judicial Reform Committee with a report presented to RTGoNU; review of the Judiciary Act and reconstitution of the Judicial Service Commission;

b.    the reconstitution of the Political Parties Council as well as other Institutions and Commissions at the national level, including the National Elections Commission, the bill for which is still before the reconstituted Transitional National Legislative Assembly (TNLA); and

c.    the drafting of amendments to relevant laws by the National Constitutional Amendment Committee (NCAC), and in this regard, six laws are yet to be reviewed, some are still with the Minister of Justice and Constitutional Affairs, others are before reconstituted TNLA, and the enacted ones are yet to be operationalised.

6.    Regarding preparations for elections, in addition to the amendment of the national election law and reconstitution of the National Elections Commission,  all the other tasks, including the reconstitution of the Political Parties Council, and establishment of election management structures at the sub-national levels, are still pending.

7.    Regarding Chapter 2 on the Transitional Security Arrangements:

a.    phase one of the Necessary Unified Forces has graduated but not yet been redeployed;

b.    unification of the mid-level echelons of the command structure is not complete;

c.    phase 2 is yet to commence;

d.    the Strategic Defence and Security Review Board has yet to complete its work; and

e.    Demobilisation, Disarmament, and Reintegration (DDR) is yet to start.

8.    Under Chapter 3 on humanitarian affairs:

a.    Review and amendment of the NGO Act to conform to international standards in regulating the operating environment of NGOs is still pending; and

b.    Establishment of the Special Reconstruction Fund and Board to help humanitarian and reconstruction efforts, and subsequent convening of the pledging conference, are still pending.

9.    Under Chapter 4 on economic, financial and resource management, the following key tasks are pending, among others:

a.    key pieces of legislation that determine the conduct of managing public funds, such as the Anti-Corruption Commission, the Audit Chamber, or the National Revenue Authority;

b.    development and implementation of the policies, strategies and programmes needed to achieve inclusive growth and sustainable development through the management of natural resources;

c.    the finalisation, legislating and implementing of both the Youth and Women’s Enterprise Funds bills to enhance livelihoods; and

d.    the development of an implementation strategy to ensure that the management of land and land-based resources is sustainable.

10.    Regarding Chapter 5 on Transitional Justice and Accountability, none of the three mechanisms envisaged by the Agreement is in place.

11.    In terms of the Chapter 6 on the permanent constitution-making process, despite the enactment of the Constitution Making Process Act 2022 eight months ago, the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee (PSC), two critical institutions mandated to drive forward the constitution-making process, are yet to be reconstituted or established.


Excellencies, Ladies and Gentlemen,

12.    I will now highlight some recent steps forward since our last plenary meeting in July:

a.    In terms of constitution-making and elections preparations, RJMEC welcomes the expansion of the RTGoNU–UN Joint Taskforce to include the African Union and IGAD.

b.    Regarding CTSAMVM’s operational and administrative challenges, efforts have been made by IGAD and RJMEC to remedy the situation, and the matter now rests with the Principals.

c.    In terms of police reform initiatives, RJMEC takes note of the introduction of the Voluntary Civilian Disarmament Strategy by the Ministry of Interior. In this regard, the Disarmament of the Civil Population Bill 2023, recently approved by the Council of Ministers, once passed by the reconstituted TNLA and operationalised, will contribute significantly to the reduction of illegal arms in civilian hands.

d.    In terms of economic reforms, the recent approval of the revised Land Policy by the Economic Cluster is welcome, and its quick implementation will contribute to the reduction of conflict triggered by land-related disputes. Similarly, it is our expectation that the forthcoming economics conference will generate renewed impetus to the implementation of Chapter 4;

e.    Under transitional justice, the Ministry of Justice and Constitutional Affairs is in the final stages of completing the drafting of the CTRH and CRA Bills before submission to the RTGoNU Council of Ministers. I look forward to hearing an update on this from the RTGoNU.

Excellencies, Ladies and Gentlemen,

13.    It is evident that many milestones are still to be achieved, and yet it is barely 16 months away from elections. The questions which must be asked to the Parties and the RTGoNU include the following: is the implementation of the critical pending tasks as per the Roadmap on track, and at the appropriate pace? And will the pre-requisites for free and fair elections be implemented within timelines? And how?

14.    Given the time remaining, my recommendations to the RTGoNU regarding key elections-related tasks are as follows:

a)    expedite the reconstitution of the Political Parties Council and the National Constitutional Review Commission;

b)    expedite the enactment by the Transitional National Legislature of the National Elections Act, paving the way for the reconstitution of a credible and impartial National Elections Commission;

c)    expedite the completion of the unification of forces, and provide adequate resources to the Security Mechanisms;

d)    provide timely and sufficient resources for the implementation of all the critical pending tasks of the Revitalised Agreement;

e)    encourage the expansion of political and civic space for all South Sudanese to take part in the conversations surrounding their participation in the political process; and

f)    ensure that women’s representation in the political process attains minimum 35%, including in the Constitution-making bodies.

15.    In conclusion, it is my expectation that RJMEC members will reflect on the aforementioned assessment, and constructively engage the RTGoNU, including by identifying areas of requisite support to expedite implementation of the critical pending tasks highlighted. Finally, I appeal to the Principals of the Parties signatory to the Revitalised Agreement to consider meeting to take stock of implemention since the Roadmap was endorsed a year ago, and dialogue on how to implement the critical pending tasks in the remaining time.

I Thank You.