STATEMENT BY H.E. AMB MAJ. GEN. (rtd) CHARLES TAI GITUAI CBS INTERIM CHAIRPERSON, RJMEC TO THE 8TH GOVERNORS’ FORUM WEDNESDAY, 27 NOVEMBER 2024 JUBA, SOUTH SUDAN  

Wednesday, 27 November 2024 16:59

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

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

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

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

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

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

-       Rt Hon. Deng Deng Akon, Speaker of the Council of States;

-       Your Lordship Chan Reec Madut, Chief Justice;

-       Honourable Presidential Advisors;

-       Honourable Ministers;

-       Your Excellencies, Governors, Chief Administrators of the Administrative Areas, and Deputy Governors;

-       Your Excellencies Members of the Diplomatic Corps; 

-       Distinguished Ladies and Gentlemen.

Good morning!

1.   It is my distinct honour to address this annual Governors’ Forum which provides an important platform for promoting dialogue and fostering smooth communication between the different levels of government in the country, with a view of enhancing policy coordination and sharing experiences. This Forum offers an opportunity to deliberate and reflect on the importance of transparency and accountability in governance as well as devolution of power and economic resources. 

2.   As the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), we are honoured to highlight our assessment on the status of the implementation of the Revitalized Agreement on the Resolution of Conflict in the Republic of South Sudan, consistent with our mandate to monitor, evaluate and oversee implementation of the Agreement, mandate and tasks of the RTGoNU as well as their adherence to an agreed implementation schedule.  

3.   My briefing today will therefore provide a chapter-by-chapter status update, highlighting key developments, recurring challenges, and conclude with recommendations.

Excellencies,

4.   As you may recall, when I addressed the 7th Governors’ Forum last year, elections were scheduled to take place in 13 months, as per the Roadmap. At that time, key benchmarks necessary for creating an enabling environment for the conduct of credible elections in December 2024, were yet to be attained. These included, inter alia,completion of unification of forces, making of a permanent constitution to guide the conduct of elections, and sufficient elections preparations. 

5.   However, limited progress has been registered in the implementation of the critical elections-related tasks, hence the Parties’ decision to postpone elections and extend the Transitional Period from 22nd February 2025 to 22nd February 2027 with elections scheduled for December 2026. In this regard, the RTGoNU committed to develop a coherent strategy with a clear and overarching action plan, budget and timelines for the implementation of priority tasks of the extended transitional period.

6.   Under Chapter 1 on governance, the reconstituted institutions related to elections processes, namely the National Elections Commission (NEC) and the Political Parties Council (PPC) commenced their work, having received initial funding for their preparatory activities. Further, the National Elections Commission reconstituted its subsidiary elections management bodies at the State level, the High Committees. 

7.      On legislative reforms, the National Constitutional Amendment Committee (NCAC), in February 2024, completed reviewing and drafting amendments of all the 25 pieces of legislation, as per its mandate. Most of these laws have been enacted by the Transitional National Legislature and assented to by the President. Further, the reconstituted Transitional National Legislature has continued to discharge its legislative and oversight functions pursuant to the Agreement. 

8.      Among the laws that have been assented to by the President, the recent and most critical ones include: The Anti-Corruption Commission Act; The Public Financial Management and Accountability Act; The Commission for Truth, Reconciliation and Healing Act; The Compensation and Reparations Authority Act; The National Bureau of Statistics Act; The Civil Aviation Authority Act; and The Tourism Act. It is imperative that all the enacted laws are implemented in order to achieve the envisaged transformation in the Revitalised Peace Agreement

9.      The ad hoc Judicial Reform Committee (JRC) has completed its mandate of studying and recommending appropriate judicial reforms. The JRC final report was validated and handed over to the RTGoNU at the end of October 2024 for its consideration and adoption. The RTGoNU should fast-track the implementation of the JRC’s recommendations, including the review of the Judiciary Act, reconstitution of the Judicial Service Commission, and the establishment of an independent Constitutional Court.

10.  Regarding the registration of political parties in preparations for elections, 29 political parties had been fully registered by the Political Parties Council as at 30th June 2024. However, there were concerns raised that the registration fee of US $75,000 was deemed prohibitive, to which the Ministry of Justice and Constitutional Affairs was petitioned and provided a legal opinion. In addition, the Political Parties Act 2022, prohibits registration of political parties with armed wings. It is therefore essential for the Parties to the Agreement to expedite the completion of unification of forces to enable those currently with armed wings register and participate in elections.

11.  Similarly, there are serious concerns that the Parties to the R-ARCSS have not adhered to the 35% minimum women representation threshold. Currently, no single woman holds the position of Governor or Chief Administrator in the Republic of South Sudan. RJMEC reiterates its appeal to the Parties to the R-ARCSS to adhere to the minimum women’s quota in the Executive and decision-making bodies at all levels of government.

 

Excellencies,

12.  Since the last Governors’ Forum, it is encouraging to note that the Parties to the R-ARCSS have continued to adhere to the Permanent Ceasefire. However, there weresome incidents of intercommunal violence which were reported in Unity, Jonglei, Western Equatoria, Central Equatoria, Warrap and Lakes States. In addition, sporadic clashes were reported between the SSPDF and the National Salvation Front (NAS) of Lt Gen. Thomas Cirillo, especially in Central Equatoria State. Furthermore, last week’s security incident which led to loss of lives and disrupted the relative peace in Juba, is unfortunate and regrettable. RJMEC encourages dialogue for resolving disputes. In this regard, I commend the national and state officials for their ongoing peacebuilding and reconciliation efforts.  

13.  RJMEC further commends the RTGoNU for agreeing to resume the Tumaini Initiative in Nairobi. It is imperative that this dialogue remains guided by the spirit of compromise, inclusivity and reconciliation in order to contribute to enduring peace in South Sudan.

14.  On Transitional Security Arrangements, the unification of forces has not progressed as expected since Phase I graduation of the Necessary Unified Forces. Out of 55,000 graduates, nine (09) battalions or approximately 7,000 of the military components were deployed in several parts of the country. The rest of the organized forces have not been deployed. The unification of Phase II forces and the DDR process have not yet commenced. The SDSR Board is yet to submit its validated policy documents to the Principals. In addition, the unification of the mid-level echelon Command is still pending. 

15.  In terms of humanitarian affairs, the RTGoNU launched the South Sudan Durable Solutions Strategy and Plan of Action for supporting refugees, returnees, IDPs and host communities. Also, some policies on humanitarian support and reconstruction were developed and await ratification. 

16.  The ongoing activities under this chapter include, among others,  enactment of the NGO Bill, which is currently before the Transitional National Legislative Assembly; provision of support to returnees and refugees fleeing the conflict in Sudan; and, creation of an enabling environment for delivery of humanitarian assistance.

17.  In terms of resource, economic and financial management,   the South Sudan Revenue Authority (SSRA) has continued to outperform its targets in mobilising non-oil revenue and was able to largely support the government’s budget during the year. The Revenue Authority embarked on several capacity-building activities that have enhanced its ability to assess, collect and administer taxation. Further reforms are expected such as a review of the Customs Valuation Exchange rate, reduction in tax exemptions by 50%, introduction of betting, gaming, and lotteries tax and that of a Digital Service Tax (DST).

18.  Several public service reform efforts such as the establishment of an effective public procurement and payroll system and cleansing exercise are ongoing. The focus is on the civil service, as the security services already have the relevant systems in place.

19.  Furthermore, on the management of public finances, it was noted that the Draft National Budget for Fiscal Year 2024/2025 was submitted three months behind the budget preparation schedule which contravened the Public Financial Management and Accountability Act. This practice limits legislative scrutiny of the fiscal and budgetary policies and undermines transparency and accountability in resource allocation and utilization. Moreover, it stalls the activities of government agencies, especially in the implementation of the provisions of the R-ARCSS.

20.  The Bank of South Sudan in executing its mandate of regulating the financial sector, embarked on a number of reforms to strengthen the banking system and improve its supervisory function and prudential regulatory role. It can now supervise the financial system, and with the support of development partners, improved its payment system. The Bank uses a real-time gross settlement system (RTGS) as well as the automated clearing house (ACH) network, thereby improving banking operations in the country.

21.  However, the Bank of South Sudan’s role of promoting price stability has been thwarted by many challenges such as the reduction in oil production, the global economic downturn, the rising commodity prices and unfavourable external shocks. These have so far resulted in rising inflation within the country and a reduction of the value of the national currency against other convertible currencies. This, in general, led to increasing commodity prices that have had dire consequences on livelihoods, reduced the ability of the people with fixed incomes to consume and erode investor confidence.

22.  Regarding the development of policies, strategies and programmes to better manage natural resources, there has been some progress in the Agricultural, Livestock, Fisheries and Wildlife sectors, water resources and land administration. The RTGoNU also engaged stakeholders on strategies on environmental protection to ensure sustainable development in South Sudan. However, there is need for greater efforts to develop and implement these policies.

23.  The delivery of development assistance to South Sudan as contained in Articles 4.3.1.6 and 4.3.1.8 of the R-ARCSS requires the RTGoNU to ensure increased partnerships and coordination amongst development and humanitarian partners through participatory and transparent mutual consent and accountability. The development partners and the recipient of development assistance should provide timely and compressive data on donor support (aid flows) to the states, sectors and institutions. I therefore urge the RTGoNU to implement these provisions as they support the achievement of sustainable peace, by addressing economic considerations that fuel instability. The RTGoNU is further urged to expedite public financial management at the state level to ensure sufficient capacity to enable them to function as required.

24.  On Transitional Justice, the Ministry of Justice and Constitutional Affairs drafted the Bills on the Commission for Truth Reconciliation and Healing (CTRH) and the Compensation and Reparations Authority (CRA). The Bills have been passed by the TNLA and assented to by His Excellency the President. What is now required is the establishment of the CTRH and CRA mechanisms and their operationalization. There has been no progress in setting up the Hybrid Court for South Sudan (HCSS). The RJMEC urges the RTGoNU to engage the African Union to meet and discuss the modalities for establishing the Hybrid Court for South Sudan. 

25.  With regard to the making of the Permanent Constitution under which provisions elections will be conducted, there has been some progress. The National Constitution Review Commission (NCRC) was reconstituted in December 2023 and thereafter developed its internal working documents. It submitted its action plan and budget to the RTGoNU and now awaits funding in order to commence its work. The NCRC is currently enhancing its technical and operational readiness to discharge its mandate. Key pending tasks include the recruitment of the Constitutional Drafting Committee (CDC) and commencement of countrywide civic education and public consultations. 

26.  In addition, the RTGoNU is required to establish the Preparatory Sub-Committee (PSC), a mechanism responsible for the convening of the National Constitutional Conference (NCC). The aspiration for a people-led and people-owned permanent constitution when achieved, will lay a firm foundation for a united, peaceful, democratic, and prosperous society based on justice, equality, respect for human rights and the rule of law. It is therefore pertinent that the RTGoNU establishes these Constitution-making mechanisms and avail funding to expedite the process.

Excellencies,

27.  In spite of the aforementioned progress, implementation of the R-ARCSS has faced many recurring challenges. Key among these have been the lack of political will, lack of predictable and sufficient funding to the Agreement Institutions and Mechanisms, trust deficit among the Parties, capacity gaps within the various implementation mechanisms, insecurity caused by activities of some holdout groups, severe flooding and ramifications of the conflict in Sudan.

28.  In light of the aforementioned, and given the theme of this Forum, I would like to make the following recommendations:

To the State Governments and Administrative Areas 

a.   Provide adequate security and promote open political and civic space at the state and local levels to enable the local populations to exercise their democratic rights and participate in the implementation of the Revitalized Agreement.

b.   Enhance and support community-led dialogue initiatives aimed at reconciliation among different communities so as to address persistent intercommunal tensions in order to promote peace efforts.

c.   Continue to support, coordinate and work with civil society, partners and stakeholders in disseminating the Revitalized Agreement at state and local levels.

d.  Foster collaboration with the relevant Agreement institutions and mechanisms tasked with the implementation of the constitution-making process to enhance citizens’ participation at state and other lower levels of government. 

e.   Facilitate and collaborate with the CTRH and CRA mechanisms, once established and operational, at state and local levels as they spearhead truth, reconciliation, healing, and reparations throughout the country.

To the RTGoNU

f.    Empower the state governments and administrative authorities and build their capacity to deliver services and undertake peacebuilding and reconciliation activities.

g.   Complete the unification of forces and their deployment throughout the country to enhance security in the States and Administrative Areas.

h.  Adopt the report of the Judicial Reform Committee and implement the recommended reforms to improve access to justice in the country.

i.    Provide adequate, timely and predictable resources to Agreement Institutions and Mechanisms for the implementation of the R-ARCSS.

Excellencies, 

29.  In conclusion, the leadership of the country at the national and state levels should therefore use this Forum to reflect on the challenges that have faced the implementation of the Agreement and resulted in repeated extensions of the R-ARCSS. The critical question to be addressed relates to what should be done differently during the next 24 months to ensure completion of implementation of the critical pending tasks of the R-ARCSS, and creation of a conducive environment for the conduct of credible, peaceful, free, and fair democratic elections in December 2026.

30. I wish you fruitful deliberations.

I Thank You.