STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC TO THE 32ND RJMEC MONTHLY MEETING, THURSDAY, 5 OCTOBER 2023 JUBA, SOUTH SUDAN
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC TO THE 32ND RJMEC MONTHLY MEETING
THURSDAY, 5 OCTOBER 2023
JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning.
1. I welcome you to the 32nd meeting of the RJMEC. On 12 September 2023, South Sudan marked exactly five years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed. The relative peace brought about by the R-ARCSS is a commendable achievement for which the people of South Sudan and the Parties to the Agreement are to be congratulated. The resulting stability has provided a more attractive enabling environment for investment, and increased infrastructural development, among others.
2. Despite numerous challenges along the way, the Parties to the R-ARCSS have stayed the course of peace. However, a lot of work still remains to be done to complete the critical pending tasks necessary to effect South Sudan’s democratic transition. With 14 months left before elections, it is imperative for the Revitalised Transitional Government of National Unity (RTGoNU) to provide to the people of South Sudan clarity on election preparedness.
3. My statement this morning will provide updates on the most recent progress made in the implementation of the Revitalised Peace Agreement since our last meeting, RJMEC efforts to rally support for the South Sudan peace process, and I will conclude with recommendations.
Excellencies, Ladies, and Gentlemen,
4. First, governance. Overall, there has been some progress related to legislative reforms. The NCAC resumed its work at the beginning of September following its second six-month extension to enable the review and amendment of six pending laws.
Since the resumption of its work, the Committee has completed drafting amendments to the NGO Act 2016 and the Relief and Rehabilitation Act 2016 and has begun work on the Investment Promotion Act 2009. The NCAC will provide further details in its report.
5. On 18 September 2023, the reconstituted Transitional National Legislative Assembly (TNLA) passed the National Elections Act 2012 (Amendment) Bill 2023, which was then assented to by H.E. the President. The enactment of this law is an important step in realising the democratic aspirations of the people of South Sudan. RJMEC urges the Parties to expedite the reconstitution of the National Elections Commission (NEC), and the RTGoNU to resource it adequately, to enable it undertake its tasks accordingly.
6. On 25 September 2023, the reconstituted TNLA also passed the Bank of South Sudan Act 2011, (Amendment) Bill 2023 and the Banking Act, 2011 (Amendment) Bill 2023. On 4 October 2023 the reconstituted TNLA also passed the Anti-Corruption Commission Act 2009, (Amendment) Bill 2023. The recently passed bills are now awaiting Presidential assent into law.
7. In terms of the judicial reforms process, the ad hoc Judicial Reform Committee (JRC) has unfortunately not been able to continue its planned public consultations in the States and Administrative Areas due to funding challenges. The JRC will provide us with more update in this regard. I appeal to the RTGoNU and all partners to consider supporting the JRC to continue its work and conclude its important mandate.
8. Regarding security, on the unification of forces, despite food and other supplies having been procured and distributed to the Training Centres, as well as the deployment of regional assessment teams by the JTSC, there is no new progress to report regarding the redeployment of Phase I Necessary Unified Forces (NUF), nor the commencement of Phase II NUF training.
9. Furthermore, the Disarmament, Demobilisation and Reintegration (DDR) process has not progressed due to the lack of funding, and the Strategic Defence and Security Review (SDSR) Board has not yet finalised the policy documents needed to guide the transformation of the security sector. I would like to hear an update from the RTGoNU and the SDSR Board on these pending tasks.
10. Concerning ceasefire violations, there are skirmishes allegedly between the SSPDF and armed youth in Pochalla, Pibor Administrative Area, and further reports of National Salvation Front (NAS) attacks in Central Equatoria. I therefore request an update on the security situation from the Joint Defence Board (JDB).
11. Despite CTSAMVM’s operational and administrative challenges, as reported at the last Plenary, its Monitoring and Verification Teams and Senior Liaison Officers have been operating effectively and have produced seven violation reports since April 2023. However, these reports have not been published because the CTSAMVM Technical Committee (CTC) and the Board have not met since then. These outstanding reports include one on the Wunkur incident, concerning armed clashes between SSPDF and SPLM/A-IO along the common border between Panyikang County, Upper Nile State and Ruweng Administrative Area (RAA).
12. In regard to resolving CTSAMVM’s operational and administrative challenges, IGAD has issued revised Terms of Reference for the CTSAMVM Chair and Board, and draft Terms of Reference for the CTC. RJMEC forwarded them to the Principals of the Parties, and the Chair of NTC, in the month of July, to effect the changes accordingly. I therefore appeal to the Principals to expedite the changes in the Terms of Reference and solve the matter of the CTC, as this would allow CTSAMVM to fully discharge its mandate of monitoring and verifying compliance of the Parties to the Permanent Ceasefire.
Excellencies, Ladies, and Gentlemen,
13. Regarding humanitarian affairs, and securing humanitarian access and establishing safe humanitarian corridors, it is concerning to hear of the loss of life of two drivers working for UNICEF in Yei, Central Equatoria State, on 23 September 2023. This brings the total to 24 humanitarian workers who have lost their lives in the line of duty this year, according to UNOCHA. It is incumbent upon the RTGoNU to provide a safe and secure environment in which humanitarian assistance can be delivered.
14. In terms of guaranteeing the rights of refugees and returnees to return in safety and dignity, the increasing scale of humanitarian need, which has been deepened by the sudden influx of those fleeing the Sudan conflict, has resulted in an increasingly dire humanitarian situation in the border states. I therefore appeal to the RTGoNU and partners to provide further humanitarian assistance.
15. In terms of reforming the NGO Act 2016 to ensure that it complies with international best practice in regulating the activities of NGOs in South Sudan, it is welcome that the NGO Act Amendment Bill has been submitted to the Minister of Justice and Constitutional Affairs.
16. Regarding economic, resource and financial management reforms, the RTGoNU recently presented data on oil revenue and expenditure for FY 2022/23 to the Public Financial Management Oversight Committee, which is a welcome development. Additionally, operationalisation of the Public Financial Management and Accountability Act, 2011 will make further improvements to overall transparency and accountability in the financial sector.
17. Further, I would like to commend the RTGoNU for organising the National Economic Conference in September that provided direction for the country towards achieving a diversified, inclusive stable and sustainable economy.
It is therefore important that the outcome document of this conference informs the nation’s economic development strategy going forward.
Excellencies, Ladies, and Gentlemen,
18. Regarding transitional justice, the bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) have been drafted and submitted to the Council of Ministers for approval. I look forward to hearing an update on the next stages of processing of these bills from the RTGoNU.
19. In terms of the Permanent Constitution Making Process, the Parties and Stakeholders have all submitted the lists of their representatives to the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee of the National Constitutional Conference. This move is expected to pave the way for the reconstitution of the NCRC, which continues to be way behind schedule. I appeal to the President to expeditiously appoint the nominated NCRC members and reconstitute the Commission to commence its critical mandate.
Excellencies, Ladies, and Gentlemen,
20. Pursuant to RJMEC’s mandate, since our last meeting, I briefed the Transitional National Legislative Assembly (TNLA) on the status of implementation of the Agreement and encouraged them to fast-track the pending bills before the House. Further, I have had several engagements within the region, and internationally. I briefed H.E. Omar Ismail Guelleh, President of the Republic of Djibouti, and Chairperson of the Assembly of IGAD Heads of State and Government, on the status of implementation of the Revitalised Agreement, and stressed the need for IGAD to remain engaged on the South Sudan peace process, especially as the Parties prepare for elections. I also briefed Hon. Mahamoud Ali Youssouf, Foreign Minister of Djibouti and Chairperson of the IGAD Council of Ministers.
21. In addition, I briefed the visiting Deputy President of South Africa, H.E. Paul Mashatile, and I appealed to the Republic of South Africa, as the Chair of the AU C5, to rally its members to enhance their support to the peace process. At the international level, I briefed the Political and Security Council of the European Union in Brussels on the status of implementation of the Revitalised Agreement and appealed for their continued engagement in the South Sudan peace process. Similarly, I also briefed Mr. Andreas Kravik, Deputy Foreign Minister of the Kingdom of Norway in Oslo and provided an update on the status of implementation. I would like to thank EU Ambassador Timo Olkkonen and Norwegian Ambassador Linken Berryman for their commitment and effort in ensuring the success of these visits.
22. Throughout all my engagements, it was evident that there is much goodwill to support South Sudan in the pursuit of sustainable peace and development. Therefore, expectations are that the Parties will adhere to the Agreement, increase the pace of implementation and demonstrate tangible progress in the completion of the critical pending tasks.
23. With this in mind, I would like to make the following recommendations to the RTGoNU and the Parties to the Agreement:
a) expedite the reconstitution of the Political Parties Council, the National Elections Commission, and the National Constitutional Review Commission, all key institutions in the holding of free and fair elections;
b) ensure that women’s representation in the political process attains the minimum 35% threshold, including in the Constitution-making bodies and the other institutions and commissions being reconstituted;
c) complete the unification and redeployment of forces and provide adequate resources to the Security Mechanisms;
d) present the CTRH and CRA Bills before the TNLA for consideration and enactment without delay;
e) the Parties to the Agreement to dialogue among themselves and agree on the practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections; and
f) as elections approach, conduct civic education, fast-track the permanent constitution-making process and promote political and civic space to allow citizens to exercise their democratic rights.
24. In conclusion, the lack of sufficient progress and clarity on elections-preparedness, constitution-making, or unification of forces, each of which is a critical pre-condition for smooth and successful elections, is creating uncertainty. Given the achievement of having reached five years of relative peace, it is incumbent on the country’s leadership to consolidate the peace dividends to all its diverse communities through a democratic transition.
25. I wish you fruitful deliberations.
I Thank You!