TO THE RECONSTITUTED TRANSITIONAL NATIONAL LEGISLATIVE ASSEMBLY, JULY 2024, JUBA, SOUTH SUDAN

-     Rt Honourable Speaker,

-     Rt Honourable Deputy Speakers,

-     Honourable Members,

-     Distinguished Ladies and Gentlemen.

Good morning.

1.    I welcome this opportunity for the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to brief this august Assembly on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

2.    This briefing is pursuant to Article 7.9 of the Revitalised Peace Agreement which mandates RJMEC to, among others, report quarterly on the status of implementation of the Agreement, followed by detailed briefings to the Executive of the Revitalised Transitional Government of National Unity (RTGoNU) and its Council of Ministers and the reconstituted Transitional National Legislative Assembly (TNLA). 

3.    Furthermore, RJMEC is mandated to brief 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, the United Nations Security Council and the Secretary General of the United Nations.

4.    Recently, South Sudan marked the thirteenth year anniversary since independence in 2011. Independence Day is always an important milestone to note because it brought to an end the years of struggle so that the world’s newest nation may enjoy the fruits of freedom, including lasting peace, stability and development. At the end of this year, in December 2024, according to the Revitalised Peace Agreement, and the Roadmap, elections are due to be held, an event long-desired by the people of South Sudan where they may freely choose their leaders. 

5.    This briefing is a summary of the RJMEC Quarterly Report covering the period from 1st April to 30th June 2024, and highlights the slow progress made in implementation of the Revitalised Peace Agreement, critical pending tasks, and challenges. It will note that while some progress has been made in establishing the key institutions charged with the conduct of the constitution-making and elections processes, a lot remains to be done to fully equip them to carry out their mandates for the conduct of free, fair and credible elections. It is hoped that the dialogue by the Parties to the Agreement should help bring clarity on the best way forward.

Right Hon. Speaker, Honorable Members,

6.    Under governance, some progress was made during the quarter. In terms of elections preparedness, the National Elections Commission (NEC) confirmed that it received the SSP equivalent of US $15 million from the RTGoNU as part of the pre-elections budget. Subsequently, the NEC has been able to undertake some preparatory activities, and in June 2024, it reconstituted the State Elections High Committees at the sub-national levels. However, the list of the Committees has been contested internally by some of the members of the Commission. There are also concerns that the list does not adhere to the 35% minimum threshold for women membership.

7.    The Political Parties Council (PPC) received the SSP equivalent US $5 million from the RTGoNU to enable it to commence preparatory activities. It should be recalled that in February 2024, the PPC commenced the registration of political parties, and in June 2024, announced the cut-off date was end of June 2024. As of 27 June 2024, some 29 political parties are registered, though there is still discontent about US $75,000 registration fee.

8.    During this reporting period, this august House passed the Public Finance Management and Accountability Act 2021 (Amendment) Act 2024, which now awaits assent by the President. Several amendment bills are still before this House, including the National Audit Chambers Act 2012 (Amendment) Bill, 2022 and the Tourism Bill 2024. It is hoped that these Bills are dealt with in a timely manner.

9.    It is encouraging to note that the RTGoNU Council of Ministers endorsed the NGO Act 2016 (Amendment) Bill 2024, which seeks to streamline the operations of NGOs and improve on their registration and regulations. 

10. At the end of June, the High-Level Standing Committee completed its review of the Roadmap with a view to determining the best way forward given the time remaining before the holding of elections and prepared a report with recommendations, which it submitted to the Presidency for consideration.

11. In Nairobi, Kenya, on 9 May 2024, the High-Level Mediation for South Sudan, also known as the Tumaini Initiative, was launched with the goal of mediating between the RTGoNU and the Non-Signatory Opposition Groups in order to bring them into the peace process. The High-Level Mediation has also included discussion on the root causes of the conflict in South Sudan and seeks to recommend appropriate constitutional, legal and policy reforms that will help restore lasting and sustainable peace in the country. 

12. The Tumaini draft consensus negotiating document generated concerns, including from the First Vice President, H.E. Dr Riek Machar, over its lack of focus, duplication of the R-ARCSS provisions, and for purporting to replace the R-ARCSS. These concerns were addressed to the Tumaini Mediation with a clear call to anchor the mediation within the framework of the Revitalised Peace Agreement, and to ensure that its outcome would complement its full implementation, as opposed to any attempt to replace it.

13. With reagrds to the National Constitutional Amendment Committee (NCAC), it has successfully concluded its mandate, having reviewed and drafted amendments to 24 pieces of legislation, as its mandate. It has handed over all the amendment bills to the Minister of Justice and Constitutional Affairs. The role of this august House in enacting 16 of the reviewed Bills so far is commendable.

14.  In terms of the judicial reforms process, the ad hoc Judicial Reform Committee (JRC) has completed its work, and drafted a report with recommendations for judicial reforms. However, the scheduled stakeholders’ validation and official handover of the Report to the RTGoNU remains pending. Judicial reforms mandated by the R-ARCSS include: (a) the review of the Judiciary Act; (b) building the capacity of judicial personnel and infrastructure; (c) reconstitution of the Judicial Service Commission; and (d) establishment of an independent, impartial and credible Constitutional Court. RJMEC has urged the RTGoNU to expedite the conclusion of the JRC’s final report to pave the way for judicial reforms.

15. During the reporting period, the Permanent Ceasefire continued to hold with no major clashes among the forces of the signatory Parties. However, clashes between the South Sudan People’s Defence Forces (SSPDF) and the hold out group National Salvation Front (NAS) of Gen Thomas Cirillo were reported in Mundri East County, Western Equatoria State, and in some parts of Central Equatoria State.

16. Concerning the Transitional Security Arrangements, there has been very little progress since the last RJMEC briefing. CTSAMVM reported that on 19 April 2024, the Joint Defence Board (JDB) deployed two battalions of the army to Malakal and Bentui, which in addition to the 6 battalions that were deployed in 2023, brings the total number of Necessary Unified Forces (NUF) battalions deployed so far to eight. On Phase II training, there is no evidence of any preparations, nor has funding been availed for the DDR Commission and Security Mechanisms.

17. With regards to the unification of the second command echelon of the NUF, the SPLM/A-IO and SSOA submitted lists of the names of their officers to H.E. Salva Kiir Mayardit, President of the Republic of South Sudan. The SPLM/A-IO and the SSOA are still awaiting the President’s response. 

18. The SDSR Board has completed the validation of the five documents of the Strategic Defence and Security Review process, namely the Strategic Security Assessment, Security Policy Framework, Revised Defence Policy, the White Paper on Defence and Security, and the Security Sector Transformation Roadmap. These documents are yet to be presented to the Party leaders for their approval.

Right Hon. Speaker, Honorable Members,

19. Regarding humanitarian assistance and reconstruction, the humanitarian situation in the country continues to worsen through increasing food insecurity and malnutrition, especially among populations that are already acutely food insecure. The situation is expected to further worsen with the cumulative effects of the deteriorating economic situation, diminishing funding, intercommunal violence, continued influx of refugees and returnees from Sudan, climatic shocks, disease outbreaks and anticipated flooding. The passing of the NGO Act 2016 (Amendment) Bill 2024 by this august House and its subsequent operationalision is expected to play a critical role in creating a more conducive working environment for NGOs in South Sudan, thus improving access to those in need.

20. According to the Relief and Rehabilitation Commission (RRC), by the end of April 2024, about 655,000 returnees from Sudan were registered in South Sudan through various open border points, though the transit centres, especially Renk, lack basic needs, including shelter from the heat and rain. 

21. The RRC has attributed the slow return, relocation, and reintegration processes to the delayed establishment of the Special Reconstruction Fund (SRF). It is worth noting that the slow implementation of Chapter III affects inclusivity, fairness, and meaningful participation of citizens, especially women who make up the majority of the IDPs, returnees, refugees and populations in need.

22. In terms of resource, economic and financial management the Public Procurement and Asset Disposal Authority (PPDAA) has been created and is almost fully functional as required by Article 4.6.1.1 of the R-ARCSS. This Authority should control and regulate public procurement and the disposal of public assets in a manner that is transparent, fair, honest, cost-effective and competitive. However, the institution is challenged by the absence of the Procurement Regulations, which is yet to be approved by this House. Another challenge is the lack of cooperation from some Ministries, agencies and departments of government to comply with the PPDAA in setting up procurement committees in their institutions.

23. The Fiscal and Financial Allocation Monitoring Commission Bill, which is to ensure transparency of allocations of national revenue to States and Counties, has been approved by the Council of Ministers and now needs to enacted by this House. Separately, the Public Financial Management and Accountability (PFMA) Bill was passed by this House and awaits assent by the President.

Right Hon. Speaker, Honorable Members,

24. Under transitional justice, accountability, reconciliation and healing, RJMEC noted that the draft Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) are before this august House for enactment.

25. Under the parameters of permanent constitution, during this reporting period, the reconstituted National Constitutional Review Commission (NCRC) received the SSP equivalent of US $800,000 to facilitate its work, and has since adopted all its revised internal governing instruments. The Commission awaits a political decision on the timelines, given the Roadmap schedule for the end of the Transitional Period.

26. The RJMEC, as the commission that is mandated by the Agreement to oversee, monitor and evaluate the implementation of the Agreement, has continued to have its leadership engaging regularly with the RTGoNU Executives, the Parties to the Agreement, institutions and mechanisms implementing the R-ARCSS and different South Sudanese stakeholders and adherents. The Parties to the Agreement were urged to continue to dialogue in good faith towards consensus in order to provide clarity on the best way forward with respect to the implementation of the agreement and the critical issue of the holding of elections at the end of the transition period.

27. RJMEC leadership, additionally held a number of important engagements in Juba and within the region on the status of implementation of the R-ARCSS as well as challenges facing its implementation, including observer status in the Nairobi talks. The leadership also briefed and updated H.E. Cyril Ramaphosa, President of the Republic of South Africa and Chair of the African Union High-Level Ad Hoc Committee for South Sudan (C5), the Facilitation Support Team for the South African Special Envoy to South Sudan, H.E. Dennis Francis, President of the UN General Assembly, H.E. Gen. Abubaker Jeje Odongo, Foreign Minister of Uganda, a visiting delegation of the AU Peace and Security Council and non-resident Ambassadors of Belgium and South Korea. These high-level personalities were briefed on the progress, challenges and opportunities and possible interventions towards implementation of the Agreement.

Right Hon. Speaker, Honorable Members,

28. In RJMEC’s assessment, there has been insufficient progress made in implementation of the R-ARCSS during the reporting period. Key tasks, such as the permanent constitution making, preparations for elections, and the unification of forces, remain largely at the same stage as they were at the end of the previous quarter. 

29. Failure to move forward on these key aspects of the implementation hinders the holding of elections, scheduled for December 2024. However, while it is encouraging that at least partial funding has been availed to the NEC, PPC and NCRC, key institutions that will play major roles in the constitution and election processes, more resources are needed. It is important to stress the need for a people led and a people owned permanent constitution made in accordance with provisions of the Constitution Making Process Act 2022, as the basis to guide the conduct of a credible free, fair and peaceful election at the end of the Transitional Period. With that in mind, it is hoped that the Tumaini Initiative can make progress in bringing the hold out groups into the peace process, enhancing the prospects of sustainable peace in South Sudan.

30. The recommendations which follow, are aimed at encouraging a faster pace of implementation of the R-ARCSS and will better prepare the country for the upcoming elections, if acted upon.  

a.  To the Parties to the Agreement and Relevant Stakeholders:

1.1.      engage in dialogue in the spirit of collegiality on the best way forward for the holding of elections and provide a detailed plan to the people of South Sudan on the implementation of the Roadmap; and 

1.2.      embrace the Tumaini Initiative as a means of bringing in the holdout groups into the Revitalised Peace Agreement in the spirit of inclusivity and furthering the prospects for peace in the country.

b. To the RTGoNU:

1.3.      seize this constitution-making moment given the importance of a people-led and a people-owned permanent constitution, as the basis to guide the conduct of credible free, fair and peaceful elections; 

1.4.      avail requisite funding, in a timely manner, to the NCRC to enable the effective discharge of its mandate in overseeing the making of a Permanent Constitution;

1.5.      create an enabling civic and political space for citizens’ participation in governance;

1.6.      expeditiously undertake, through the NEC, elections-related activities listed in Article 1.20.8 of the R-ARCSS; 

1.7.      provide, as a matter of urgency, all the resources necessary to complete redeployment of the remaining NUF, and in addition complete unification of the command structure so that the country can have a unified force with a national character under one Commander-in-Chief; and

1.8.         pursue establishment of the SRF and Board with a view to helping to address the ongoing humanitarian crisis in the country.

c. To the TNL:

1.9.         expedite the enactment of all pending bills, including the NGO, CTRH and CRA Bills; and

1.10.      support the process of providing the requisite funding for the constitution and election making processes by passage of the necessary supplementary spending and budget bills to secure funding for their operationalisation.

31. In conclusion, with elections scheduled for December 2024, it is hoped that the dialogue by the Parties to the Agreement will bring clarity on the best way forward. It is important to underscore that while some progress has been made in establishing the key institutions charged with the conduct of the constitution-making and elections processes, a lot remains to be done to fully equip them to carry out their mandates. 

32. Similarly, the level of resources made available to these institutions fall well short of their proposed budgets, further hindering their ability to complete the required tasks in line with the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan.

I Thank You!