STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI CBS   INTERIM CHAIRPERSON – RJMEC  TO THE   35TH RJMEC MONTHLY MEETING, THURSDAY, 23 MAY 2024 JUBA, SOUTH SUDAN

Thursday, 23 May 2024 16:11

 

-      Honourable Ministers, 

-      Excellencies,

-      Ladies and Gentlemen,

Good morning.

1.   I welcome you all to the 35th plenary meeting of the RJMEC. As you may recall, we had to reschedule this meeting twice, first in March following a request from the RTGoNU to allow the Parties to commence the interparty dialogue on the way forward to elections as per the Roadmap, and then on 9th May, which coincided with the launch of the Nairobi Talks with holdout groups. These two activities are considered important and relate to the implementation of the Agreement. We therefore look forward to an update from the RTGoNU on progress so far on the two initiatives.

2.   Since our last meeting, RJMEC engaged with various members of the Executive of the RTGoNU, including the Vice Presidents, addressed the TNLA on its assessment of the status of implementation of the Agreement, met and briefed H.E. Cyril Ramaphosa, President of the Republic of South Africa during his visit to Juba, participated at the launch of the Nairobi talks, and met with the Special Envoys of IGAD, European Union, and delegations  from AU and non-resident ambassadors in Juba. 

3.   My statement today will highlight the recent developments with regard to the status of implementation of the Revitalized Peace Agreement as per the Roadmap since our last plenary meeting, critical pending tasks of the Agreement, and concludes with recommendations.

Excellencies, Ladies and Gentlemen,

4.   Under governance, the National Elections Commission (NEC) and the Political Parties Council (PPC) have both reportedly received some funding to enable them kickstart their operations. Consequently, the NEC has undertaken some visits to the States to assess their requirements for election preparations. However, it is concerning that the reconstituted National Constitutional Review Commission (NCRC) is yet to receive funding. This plenary looks forward to receiving updates from these institutions on the progress in the discharge of their respective mandates.

5.   The ad-hoc Judicial Reform Committee (JRC) has completed drafting its final report which contains recommendations for reforming the judiciary. The report awaits official handover to the RTGoNU. This meeting looks forward to receiving an update from the RTGoNU on the status of the JRC report and modalities of its handover and implementation.

6.   In terms of legislative reforms, the National Constitutional Amendment Committee (NCAC) has completed its work and all revised laws are now with the RTGoNU and before the TNLA. RJMEC appeals to the RTGoNU and TNLA to expedite the enactment of all the pending amendment bills, including the National Security Service Bill and those critical for creating a conducive environment for the conduct of elections and in enhancing civic and political space. In addition, RJMEC urges the TNLA to fast track the enactment of the Public Finance Management and Accountability (PFMA) Amendment Bill 2024 which now awaits the 3rd and final reading. The passage into law and implementation of this Bill will ensure prudent and transparent financial management and accountability. 

Excellencies, Ladies and Gentlemen,

7.   Regarding the Transitional Security Arrangements, RJMEC welcomes the recent meeting between the President and First Vice President, their commitment to commence Phase II without delay, and the submission of the list of SPLM/A-IO officers to the President for the unification of the middle and lower level echelons. However, SSOA is reportedly yet to submit its list. In addition, there has been conflicting data on the number of unified forces deployed under Phase 1. In this regard, JDB is requested to update this plenary on the actual number of the deployed unified forces, and progress towards Phase II. 

8.   There were reports of recent inter-communal violence in different parts of the country, including in Tambura, Twic, and parts of Abyei region. This is concerning and underlines the critical importance of full unification of all forces and their redeployment to provide security in all parts of the country. It is reported that increased SSPDF patrols in Tambura have managed to deescalate tensions and have restored security in the area. In addition to security interventions, it is important to encourage local authorities to initiate more effective conflict and violence reduction interventions such as community-based dialogue processes and traditional conflict resolution mechanisms.

9.   The DDR process, a critical component for the unification of forces, remains pending. DDR is essential as it provides alternative livelihoods for those who are ineligible for unification. While we commend the DDR Commission’s Community Violence Reduction initiatives, it is pertinent to implement effective DDR, as part of the unification of forces in order to build a stable and secure country

RJMEC urges the NTC and JBD to prioritise DDR funding as part of preparation for Phase II.

10.  The Strategic Defence and Security Review (SDSR) Board has validated the strategic defence and security strategy documents which are now ready for submission to the Principals. This is encouraging considering that the SDSR process had stalled for a while, due to a number of reasons, including funding. The Chairperson of the SDSR Board is expected to provide further details and an update on the next steps towards completing this Agreement task that is central in ensuring reforms in the entire security sector.

Excellencies, Ladies and Gentlemen,

11.  On 9th May  2024, the High Level Mediation for South Sudan (Tumaini Initiative) was launched in Nairobi. This is not a new peace process but rather a continuation of the Rome Initiative and an attempt to ensure an inclusive peace process going forward. On 16th May 2024, the Parties signed a Declaration of Commitment to renounce violence as a means of resolving differences, engage in constructive dialogue, open civic and political spaces, negotiate in good faith and reach agreement in the interest of inclusive and lasting peace in South Sudan. 

12.  The Parties further recommitted to the Cessation of Hostilities Agreement (COHA) of 2017. This is a welcome development. It is RJMEC’s expectation that the success of the Nairobi process will contribute to the full implementation of the R-ARCSSS and further support the consolidation of peace in South Sudan. 

Excellencies, Ladies and Gentlemen,

13.  In regard to Humanitarian Affairs, RJMEC commends The Republic of South Sudan for keeping its borders open to refugees and returnees from neighbouring countries. Further, the Government has been participating in joint border monitoring of onward transport of returnees to their final destinations within the country and the biometric registration of refugees, in collaboration with the International Organisation for Migration (IOM) and the United Nations High Commission for Refugees (UNHCR) among others. 

14.  In support of dignified return of refugees, IDPs and returnees, the Relief and Rehabilitation Commission (RRC) is in the process of developing a comprehensive National Framework for Durable Solutions for refugees, internally displaced persons, returnees and host communities by consolidating all the existing policy frameworks. It is also drafting a community led campaign strategy aimed at supporting free, voluntary and dignified return and reintegration. RJMEC appeals to the RTGoNU and partners to fully support this process. 

Excellencies, Ladies and Gentlemen,

15.  Regarding resource, economic and financial management, though efforts have been made in implementing a good number of provisions, some critical reforms remain outstanding. These include Public Financial management reforms and the strengthening of the oversight institutions of the Anti-Corruption Commission and the National Audit Chamber. 

16.  In terms of devolution of more powers and resources to the States and Counties,  no progress has been made in the review of the wealth sharing and revenue allocation in line with the Agreement. The RTGoNU is urged to expedite this important process as the country prepares for elections.

17.  RJMEC takes note of some improvements made in the management of reserve funds, as subventions are being made to Oil Future Generations’ Fund (FGF). However, these amounts need to be managed in accordance with the applicable legislations. In addition,amounts due to the Oil Stabilization Account (OSA) should also be paid in accordance with the law and as per Art.4.8.1.11 of the R-ARCSS

Excellencies, Ladies and Gentlemen,

18.  Regarding transitional justice, there has been no progress since our last plenary. The Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) remain with the Committee of Peace and Reconciliation of the TNLA. I urge the TNLA to give these bills their urgent attention, as matters of truth, reconciliation and healing will play a pivotal role in South Sudan in spearheading efforts towards reconciliation, forgiveness and social cohesion ahead of elections.

19.  Concerning the permanent constitution-making process, as stated before, the National Constitutional Review Commission (NCRC) has not received funding. Despite this, the Commission has continued to build its internal capacities in preparation for the execution of its mandate. This plenary looks forward to receiving an update from the NCRC Chairperson. 

Excellencies, Ladies and Gentlemen,

20.  As you may recall, in March this year, RJMEC wrote to the Executive of the RTGoNU expressing its concerns on the lack of consensus on the prospects of conducting credible elections as scheduled in December 2024, and called for urgent inter-party dialogue on the way forward, in the spirit of collegiality and consensus, as per the requirement of the R-ARCSS. It is therefore important that the interparty dialogue be expedited to provide clarity on the way forward. This would help the South Sudanese to prepare sufficiently and enable timely mobilisation of resources by the regional and international community to support the process. 

21.  It is concerning that barely seven months to the elections, there is still no evidence of sufficient preparation for the conduct of elections and implementation of critical election-related tasks. These include, among others:

a.   completion of the judicial reform process, review of the judiciary Act and establishment of the Constitutional Court; 

 

b.   enactment of the revised National Security Service Act (Amendment) Bill 2023 to, inter alia, create an enabling civic and political space for citizens’ participation in governance;

c.   full operationalisation and funding of the Political Parties Council (PPC), the National Elections Commission (NEC), and the National Constitutional Review Commission (NCRC);

d.  the conduct by the NEC of elections-related activities listed at Article 1.20.8, such as establishment of subsidiary electoral management bodies at the state level, the establishment of procedures for the voter registry and registration, and support to civic education and voter outreach, the publication of the voters register six months prior to the holding of elections, as per  Article 1.20.10; and the delimitation of constituencies;

e.   completion of Phase I and Phase II unification of forces, and provision of funding for implementation of the DDR process;

f.    addressing the challenges of reconstruction, repatriation, resettlement, rehabilitation, and reintegration of IDPs and returnees as per Article 1.20.7;

g.   implementation of the legal and policy frameworks which enhance transparency and accountability in economic and financial sectors;

h.  establishment and operationalisation of the Commission for Truth, Reconciliation and Healing and the Compensation and Reparation Authority; and 

i.    making of a permanent constitution in accordance with the Constitution Making Process Act 2022 to guide the conduct of elections.

22.  In view of the aforementioned, RJMEC recommends the following to the RTGoNU:

a.   continue sustained dialogue in a collegial manner, and build consensus among the Parties, and the stakeholders on the way forward on elections and provide regular updates to the public on the progress of the dialogue;

b.   avail the requisite resources and logistics to the Agreement institutions and mechanisms to enable them to discharge their mandates;

c.   fast-track the passing of all pending laws and operationalise those already enacted by the TNLA; and

d.  complete the deployment of the unified forces and commence Phase II without further delay.

Excellencies, Ladies and Gentlemen,

23.  Overall, it is important to underline that four years into the Transitional Period, relative progress has been made in the implementation of the Revitalized Peace Agreement. All efforts should therefore be made to consolidate the peace gains, and lay a firm foundation for lasting peace, development and prosperity for the people of South Sudan.

24.  In conclusion, I would like to reiterate my appeal to you all, as RJMEC members, to continue to constructively engage the RTGoNU and Parties’ representatives, to clarify how they intend to deliver peaceful, free, fair and credible democratic elections as per the Agreement and Roadmap by the end of the Transitional Period. 

25.  I wish you fruitful deliberations.

I Thank You!