Chairperson of the Peace and Security Council;
Commissioner of Peace and Security;
Your Excellencies Permanent Representatives;
Excellencies;
Ladies and Gentlemen.
Your Excellency,
1. It is my honour, as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to address this Council today.
2. As the oversight body of the Revitalized Peace Agreement, we recently published a very detailed evaluation report on the status of the implementation of the Revitalized Peace Agreement from September 2018 to date, a copy of which, will be shared with your excellencies electronically.
3. I will therefore only highlight the key issues for your attention and deliberations today.
4. Overall, there has been commendable progress since the Revitalized Peace Agreement was signed, including the cessation of violence across the country amongst the signatories to the Agreement; continued holding of the permanent ceasefire; the establishment and reconstitution of all institutions/mechanisms of the Agreement; incorporation of the Revilatised Agreement into the Transitional Constitution, as amended; review and amendments of all security related laws, Political Parties Act, Audit Chambers and Public Finance Management and Accountability Bills, some of which have already been enacted by the reconstituted Parliament. Equally important is the unification of the command structure of the armed forces and the commencement of transitional justice and permanent constitution-making processes, amongst others.
5. Under the Agreement, the Transitional Period should be marked with a democratic election. However, with barely seven months to the end of the Transitional Period (February 2023), a number of critical Agreement tasks remain unimplemented. Some of the key elections related tasks, which are still pending include:
a. Reconstitution of the Political Parties Council;
b. Amendment of the National Elections Act, 2012 and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections;
c. Addressing of the challenges of reconstruction, repatriation, resettlement, rehabilitation and reintegration of IDPs and returnees;
d. Unification of forces to prepare for elections;
e. Completion of the permanent constitution-making to guide the conduct of elections; and
f. Preparation for the holding of free, fair and credible elections.
6. Without these tasks implemented, it will be difficult to conduct a credible election.
Your Excellency,
2. There are several recurring challenges facing the implementation of the Revitalized Peace Agreement, namely:
a. lack of sufficient resources (financial and material) needed for the implementation of the Agreement;
b. insufficient political will and commitment of some actors;
c. trust deficit amongst the Parties;
d. capacity gaps; and
e. growing sub-national violence.
3. The aforementioned challenges and delays not only undermine confidence in the peace process and ferment defections, but have also caused growing anxiety and frustrations amongst the South Sudanese population and international partners supporting the peace process.
4. As a result, we are witnessing increasing sub-national violence in the countryside, as well as withdrawal of some key actors and partners to the peace process. Very recently, the US Government withdrew its support to RJMEC and CTSAMVM, key IGAD mandated oversight and verification institutions, whose functions and effectiveness, are indispensable to the implementation of the Peace Agreement. Without an effective oversight mechanism, we risk the collapse of the Agreement, and reversing the gains made under the Agreement thus far.
Your Excellency,
5. In conclusion, I recommend the following to this Council:
a. urge the RTGoNU to develop a clear roadmap and strategy to implement critical outstanding requirements of the Revitalised Peace Agreement towards elections;
b. support the RTGoNU efforts in mobilising resources from the region, and the international community to support the implementation of the Revitalized Peace Agreement and to convene the Pledging Conference for South Sudan as provided for under Chapter 3 of the Agreement;
c. engage the leadership of the RTGoNU to bridge the trust deficit, build confidence and demonstrate political will and commitment;
d. urge the RTGoNU to address sub-national violence by urgently graduating and redeploying the unified forces;
e. appeal to the US Government to reconsider its decision to halt support to RJMEC and CTSAMVM;
f. Further appeal to all partners and friends of South Sudan to support RJMEC and CTSAMVM and the full implementation of the R-ARCSS, and
g. Lastly, appeal to the AU Commission to consider supporting RJMEC and CTSAMVM to ensure the effective discharge of their mandate.
I Thank You.
Chairperson of the Peace and Security Council,
Your Excellencies Permanent Representatives,
Excellencies,
Distinguished Ladies and Gentlemen,
Good afternoon,
1. I welcome your delegation to South Sudan and commend you for keeping South Sudan firmly on your agenda with your support to the ongoing peace process. I also welcome this opportunity to provide you with an update on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). As the official monitor of the implementation of the Revitalized Peace Agreement, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has on numerous occasions in the past briefed this august Council as mandated by article 7.9 of the R-ARCSS. I look forward to having the opportunity to brief the next AU PSC meeting.
2. As we mark two years into the Transitional Period, today’s briefing will provide you with an update on key progress made since the signing of the Agreement in September 2018. I will provide an overview of the status of implementation of the Agreement, pending tasks, the key challenges, and conclude with my recommendations to the Council. In your briefing packs, I have provided a more detailed analysis to you along with RJMEC’s fourth Quarterly Report of December 2021.
Excellencies, Ladies and Gentlemen,
3. Overall, there has been some progress since the R-ARCSS was signed. Compared to the 2015 peace agreement, known as the ARCSS, which collapsed within one year of its signing, and barely two months after the coalition Transitional Government of National Unity (TGoNU) was formed, the R-ARCSS and RTGoNU can be credited for sustaining over three years of relative peace and stability in the country with visible peace dividends. Since its signing, the Revitalised Peace Agreement has contributed significantly to:
3.1. cessation of violence across the country amongst the signatories to the Agreement and continued holding of the permanent ceasefire;
3.2. the establishment and reconstitution of all pre-transitional institutions and mechanisms of the Agreement;
3.3. incorporation of the R-ARCSS into the Transitional Constitution of the Republic of South Sudan (TCRSS, 2011) as amended;
3.4. review and amendments of all security related laws by the National Constitutional Amendment Committee (NCAC), which have been submitted to the RTGoNU, awaiting enactment;
3.5. cantonment and screening, selection and training of forces have been undertaken, and up to 50,000 troops of Phase 1 of the Necessary Unified Forces are reported by the Joint Defence Board as ready for graduation and redeployment; and
3.6. humanitarian corridors have been opened and refugees and IDPs are gradually returning.
3.7. The RTGoNU is implementing key economic reforms, supported by an IMF programme.
3.8. A roadmap for the implementation of Transitional Justice and the Permanent Constitution has been developed.
4. With regards to Chapter 1 on the Revitalised Transitional Government of National Unity (RTGoNU), a number of tasks have been completed, key among these being:
4.1. resolution of the number of states and their boundaries – reverting from 32 to 10 states and three Administrative Areas; and
4.2. formation of government structures at the national and sub-national levels, including the executives and legislative assemblies.
5. In addition to these noteworthy achievements, implementation is ongoing on judicial and institutional reforms. Also, eight bills await ratification by the Transitional National Legislature (TNL), namely the six security bills, the Constitution Making Bill, and the Political Parties Bill. Key pending tasks include establishment of an independent Constitutional Court and those relating to the conduct of elections.
6. In reference to security and the implementation of the Transitional Security Arrangements (TSA), the completed tasks include establishment or reconstitution of key TSA mechanisms which generally continue to meet, work and submit reports to RJMEC. The ongoing tasks include: adherence to the permanent ceasefire; preparation for graduation and redeployment of Phase 1 of the Necessary Unified Forces; and development of Strategic Defence Review policy framework.
7. Transitional Security related tasks which are yet to commence are the Disarmament, Demobilisation, and Reintegration programme, and Phase II of the unification of forces – cantonment, screening, training and redeployment of all forces.
8. On humanitarian affairs, some humanitarian corridors have opened to allow the free movement of goods, supplies and people across borders. This has enabled voluntary returns, stimulated the economy and contributed to the availability of food, goods and services. Of note is the approximately half a million refugees, who have spontaneously returned to South Sudan since October 2018, according to UNHCR.
9. RJMEC welcomes the resolution passed by the AU PSC in late January to commence consultations with the UN Secretary-General and the IGAD Executive Secretary on the convening of the South Sudan Pledging Conference as provided for in Chapter 3 of the Revitalised Peace Agreement. However, the Special Reconstruction Fund (SRF) and Board mandated by the Agreement have not been established. The Fund is expected to pave the way for the convening of the Pledging Conference to support humanitarian and reconstruction efforts in South Sudan. This is particularly pressing given the ongoing dire humanitarian conditions, exacerbated by flooding country-wide.
Excellencies, Ladies and Gentlemen,
10. Under Chapter 4 on Resource Economic and Financial Management, the Ministry of Petroleum has made some progress in implementing reforms in the petroleum sector. It has reformed employment in that sector and operates the sale of oil in a more transparent manner. Implementation of the provisions on agriculture and the food security sector and land resources are underway and the Ministry of Agriculture is resource mobilizing to implement the reviewed policies. In addition, progress has been made by the RTGoNU in the development of the Code of Ethics and Integrity for Public Officials.
11. Regarding the access to finance by South Sudanese, the R-ARCSS mandates the establishment of enterprise development funds, microfinance, and other social safety nets such as subsidised credit. It is worth noting that the Women Enterprise Development Fund Bill is being drafted and a draft Youth Enterprise Bill has been submitted to the Ministry of Justice and Constitutional Affairs.
12. Chapter 5 of the R-ARCSS on transitional justice envisages establishment of three mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court of South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). In January 2021, the RTGoNU Council of Ministers endorsed a road map towards implementation of Chapter 5, and designated the Ministry of Justice and Constitutional Affairs (MoJCA) to coordinate its implementation.
13. During the second year of the Transitional Period, a Technical Committee was established to spearhead public consultations that would inform the drafting of the CTRH legislation. The African Union Commission was expected to restart discussions with the Ministry of Justice and Constitutional Affairs on the establishment of the Hybrid Court of South Sudan. The AU Commission and Ministry are yet to meet to discuss this matter. Additionally, no progress has been made towards the establishment of the Compensation and Reparation Authority (CRA) to date.
14. With regard to Chapter 6 on the permanent constitution-making process, in May 2021, RJMEC convened a workshop where the Parties to the R-ARCSS agreed on the details of the permanent constitution making process. The Resolution of the Workshop was subsequently handed over by RJMEC to the Minister of Justice and Constitutional Affairs which informed the Constitution Making Process Bill drafted by the Ministry. This draft Bill was endorsed by the RTGoNU Council of Ministers in November 2021 and is now before the reconstituted TNLA awaiting enactment.
Excellencies, Ladies and Gentlemen,
15. Considering the fact that the Revitalized Peace Agreement is nearing its conclusion with barely 12 months left to the end of the transitional period, there are several critical election-related tasks under the Agreement which are pending implementation. They include, among others:
15.1. Enactment of the Political Parties Bill 2020 and reconstitution of the Political Parties Council;
15.2. Amendment of the National Elections Act, 2012 to conform to the terms of the Peace Agreement and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections;
15.3. Addressing of the challenges of reconstruction, repatriation, resettlement, rehabilitation and reintegration of IDPs and returnees so their voices can be heard;
15.4. Publication of voters register six months prior to elections;
15.5. Unification of forces to prepare for elections-related security tasks at least six months before the end of the Transitional Period;
15.6. Completion of the permanent constitution to guide the conduct of elections.
15.7. the making of the permanent constitution upon whose provision, elections will be conducted;
15.8. holding of free, fair and credible elections, under the appropriate robust legal framework, to usher in a new democratic dispensation in the country; and
15.9. unification and redeployment of forces to guarantee national security and their allegiance to the constitution and the state;
15.10. economic, legal and institutional reforms aimed at strengthening the structures of the state;
15.11. dealing with the past injustices to deter reoccurrence of past mistakes and to restore community harmony and coexistence.
Excellencies, Ladies and Gentlemen,
16. Even though the outbreak of the COVID-19 pandemic has worsened the situation, progress has generally been very slow from the beginning and there are several recurring challenges facing the implementation of the Revitalized Peace Agreement, namely:
16.1. lack of sufficient resources (financial and material) needed for the implementation of the Agreement;
16.2. insufficient political will and commitment of some actors;
16.3. trust deficit amongst the Parties;
16.4. capacity gaps; and
16.5. military defections.
17. Against this background of the many challenges facing implementation, I therefore turn to some key recommendations to the Council, which I believe, if acted upon can contribute to improving the pace and scope of implementation. In that regard, the Council should consider to undertake the following actions:
17.1. assist the Republic of South Sudan in mobilising resources from member states and partners to support implementation of the Revitalized Peace Agreement;
17.2. continue with ongoing expressions of solidarity to the Republic of South Sudan, including visits, given the criticality of this present time;
17.3. strengthen the engagements of the AU C5 in South Sudan;
17.4. strengthen coordination in mobilising multilateral support to South Sudan through IGAD, the UN and other regional or international partners for the implementation of the Revitalized Agreement;
17.5. support the RTGoNU to convene the Pledging Conference for South Sudan as provided for under Chapter 3;
17.6. support the conduct of free, fair and credible elections; and
17.7. request the African Union Commission Chairperson to engage the RTGoNU on the terms of cooperation towards the establishment of the HCSS, and consider supporting the work of the Technical Committee for the CTRH.
18. Finally, RJMEC has requested the RTGoNU to develop a roadmap to guide the implementation of the critical pending tasks within the framework of the R-ARCSS. It is expected to be announced soon.
19. In closing, I would like to encourage this august Council to continue to remain seized of the implementation of the R-ARCSS, render the necessary support to the RTGoNU at this critical juncture and to continue support RJMEC in its mandate.
I thank you.
Chairperson of the Peace and Security Council; Commissioner of Peace and Security;
Your Excellencies Permanent Representatives; Excellencies;
Ladies and Gentlemen. Your Excellency,
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Let me start by wishing this Council a happy New Year.
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It is my honour, as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), to address this Council today.
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My briefing to this Council today builds on the one I delivered on the 14th of November 2019 and will focus on the status of implementation of the Pre-Transitional tasks of the Revitalized Peace Agreement, highlighting challenges, my observations, and then I will conclude with recommendations.
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Your Excellency, you will recall that during my last briefing to this Council, I stated that while some progress had been made in the implementation of the pre-transitional tasks of the Revitalized Peace Agreement, a lot of work still remained to be done in order to achieve its full implementation. Indeed, that had been my message when I addressed this Council in October 2019, and unfortunately, this is
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still my message today despite mobilization of troops to cantonment sites and training centres.
Your Excellency,
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There are two critical pending tasks whose implementation is necessary for the formation of the Revitalized Transitional Government of National Unity (RTGoNU) on a solid foundation. They are the unification of forces and the resolution of the outstanding issue of the number of states and their boundaries. I would like to take this opportunity to update you on these two issues.
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Firstly, the unification of forces. I am encouraged that thousands of troops have reported to designated training centres, having been transported from cantonment sites. The joint training necessary to harmonise the combatants with the other organized troops as per the curriculum agreed on, is yet to begin. There are however preliminary training activities ongoing in some training centres while awaiting screening of all the forces, to enable the formal joint training of unified forces.
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Secondly, the issue of the number of states and their boundaries remains outstanding despite several efforts to resolve it. As per the directive of the IGAD Council of Ministers, the IGAD Special Envoy for South Sudan convened two rounds of meetings in December 2019 and January this year. H.E. David Mabuza, the Deputy PresidenT of the Republic of South Africa, and the Regional Special Envoys facilitated these meetings. The second meeting adjourned on the 16thof January this year with a proposal to the Parties to consider the establishment of an Arbitration Committee to settle the matter. All the Parties were given a week to deliberate on the proposal.
Your Excellency,
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There are some other concerns worthy of mention. Firstly, although it is encouraging to note that the Permanent Ceasefire continues to hold, there have been violations of this Ceasefire in the area of Maiwut, in the Upper Nile area of South Sudan, caused by defection and change of loyalty by a commander of the SPLM/A-IO forces. The acceptance of this defection by the Government caused troops loyal to the defecting commander to clash with SPLM/A-IO forces loyal to Dr. Riek Machar. These clashes resulted in the loss of lives and displacement of civilian population, hence a violation of the Permanent Ceasefire. I understand that the SSPDF and SPLM/A-IO leadership have taken steps to address the situation in Maiwut.
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The second area of concern is the slow pace of implementation of the pre-transitional tasks due to delayed funding and the lack of effective coordination between the Agreement implementing Mechanisms.
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Funds were not availed to the implementing mechanisms until the 17th of December 2019, 35 days into the 100 days extension.
Furthermore, despite being jointly facilitated with an implementation workshop by the IGAD, AU and RJMEC, the implementing Agreement Mechanisms have not performed as expected.
Your Excellency,
11. In closing, and in view of the above, I would like to offer the following recommendations:
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a) that the Council appeals to the Government of the Republic of South Sudan to continue providing the funds necessary for the implementation of the outstanding Pre-Transitional tasks;
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b) that the Council urges the leaders of the Parties to the Agreement to ensure that implementation of the outstanding Pre-Transitional tasks is expedited to enable the RTGoNU to be formed in a timely manner;
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c) that the Council appeals to the Government and the Parties to the Agreement to compromise in order to resolve the outstanding issue of the number of states and their boundaries to enable the formation of the RTGoNU on a solid foundation;
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d) that the Council further appeals to the international community, Partners and Friends of South Sudan to continue supporting the implementation of the Revitalized Peace Agreement; and
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e) lastly, the Council remains seized with the matter.
I thank you.
Honourable Ministers,
Excellencies;
Ladies and Gentlemen.
Good morning.
1. It is my pleasure to be with you this morning at this very important workshop. As all of you now know that the Pre-Transitional period has been extended by 100 days, and the clock began ticking last week. The Resolutions of the Ministerial Consultation of the Agreement Parties on 9th November and the 69th Extraordinary Session of IGAD Council of Ministers on 10th November designated this workshop as an essential step towards rectifying repeated failures in the implementation of the critical Pre-Transitional tasks. I am pleased to note that this workshop has been organized quickly, and I thank all those involved in its preparation.
2. Put simply, we have reached this point because not enough has been done to implement the pending Pre-Transitional tasks in order to establish the Revitalized Transitional Government of National Unity (RTGoNU) on a solid foundation. While this is an unfortunate situation, we all understand that without funds, not much can be implemented. The timely and predictable flow of funds is paramount. RJMEC has consistently called for the release of funds and continue to urge the ITGoNU to immediately release the requisite funding, in the understanding that one day without funding is a day lost.
3. Also on the theme of funding, I would like to draw attention to Agreement Article 1.4.8. This article calls for a fund for the Pre-Transitional activities to be established which is to be managed transparently by the NPTC, and which reports monthly to the President of the Republic of South Sudan and to the Parties. Past experience of funding difficulties and inadequacy shows why this is a good idea, and I urge that the fund be established to manage funds transparently for the duration of the extension. This will bring credibility to the process and will encourage international partners, friends and donors to contribute to the fund. I also appeal to the NPTC to prioritise available funds to the operations of the mechanisms.
4. This workshop is a good opportunity for the mechanisms, in the spirit of openness and transparency, to indicate how they have used the money that they have already received. Additionally, doing so will enable us to understand how much money the NPTC has disbursed, so that likewise it can be held to account. The NPTC should open exclusive accounts for each mechanism and deposit amount commensurate to operations of the specific Pre-Transitional tasks to be implemented.
Excellencies, Ladies and Gentlemen,
5. This workshop is primarily a working session designed for each mechanism to set out priorities, critical tasks, milestones and rolling cost estimates for the duration of the extension. Each of the mechanisms must use these two days to complete their workplan and get themselves into a state of readiness to implement the critical pending Pre-Transitional tasks. This involves clear strategic thinking, prioritization of activities, plans for concurrent implementation, and coordination with the other mechanisms. I wish to also welcome the participation of the DDR Commission, and I hope that its crucial role in the implementation of the cantonment and DDR process will be fully appreciated by all and funded accordingly.
6. In view of the above my recommendations for the NPTC and the Security Mechanisms during the 100 days extension are as follows:
- a) Each mechanism should adhere strictly to the activities and timeframe as set out in the respective workplans;
- b) Each mechanism should have the highest regard for cost effectiveness and transparency;
- c) The NPTC should establish dedicated budget lines for each mechanism, and set up an account for each, which would promote accountability and transparency according to the letter and spirit of Article 1.4.8;
- d) Each mechanism should account for the funds it has received to date;
- e) Each mechanism should establish and commit to an effective and realistic system of coordination between all the various mechanisms to avoid duplication of effort and ensure effective and efficient utilisation of resources; and
- f) Each mechanism should develop a standardised and regular reporting system so that progress can be clearly evaluated against benchmarks.
7. In closing, I would like to say that the workplans that you will set out over the next two days can work if the political will of the Parties is brought to bear, and it is my hope that renewed impetus in implementation over the 100 days extension will lead to increased trust and confidence. Finally, let me remind all of us that Unification of all Forces is a requirement of the Agreement (Article 2.2.1) and must not only be acceptable to all the Agreement Parties but the Parties must put all their efforts to see to its success.
8. I wish you a fruitful two days’ workshop.
I thank you.
Chairperson of the AU Peace and Security Council;
Commissioner for Peace and Security;
Your Excellencies Permanent Representatives;
Ladies and Gentlemen;
1. Thank you for your kind invitation to brief you all today. I convey the kind regards and best wishes of our JMEC Chairman, H.E. President Festus Mogae, who sadly cannot be here to deliver our report in person.
2. I come to you today directly from phase two of the High Level Revitalisation Forum (HLRF), which convened here in Addis Ababa at the UN Economic Commission for Africa on Monday and where over 100 South Sudanese delegates and leaders are addressing their differences.
3. Before I talk in more detail about that, JMEC would like to bring you up to date with the current situation in South Sudan.
Chairperson, Commissioner, Members of the Council;
4. As you are aware, the first session of the High Level Revitalisation Forum resulted in the signing of the Agreement on the Cessation of Hostilities, Protection of Civilians and Humanitarian Access (ACOH) on 21st December last year.
5. The Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) has moved quickly to monitor and verify the situation on the ground, as violation claims and counter claims are made by some of the Parties.
6. CTSAMM informs us that whilst there is evidence that in certain areas the Parties are striving to implement the COHA, it is apparent that:
a) the agreement has not been fully promulgated by the Parties to all their units in the field;
b) in most areas they are yet to embrace the fundamental principles of freezing forces in place and disengaging where they are in close proximity; and that
c) the adherence of the Parties to inform CTSAMM of any planned military movement, has yet to be fully complied with.
7. Continued movement of troops and failure to disengage from close proximity are causes of tension, unrest and concern in Upper Nile State, northern Jonglei State and across the Equatorias, where clashes and the threat of clashes are prevalent.
8. JMEC condemns all violations that have occurred thus far and has called upon all signatories to the Cessation of Hostilities Agreement to disseminate the terms of the agreement to their subordinate commanders to ensure immediate and consistent compliance.
9. CTSAMM has now announced the commencement of comprehensive verification missions across South Sudan during February and March, informing the parties of their intention to follow up on information provided by them.
10. Under the coordination guidelines agreed at the CTSAMM Cessation of Hostilities Agreement workshop in Addis Ababa last month, CTSAMM has sent notification to the parties of their intent and made a request for blanket cooperation from all their forces and unit commanders across the country to facilitate the Monitoring and Verification teams (MVTs) in the performance of their work.
Chairperson, Commissioner, Members of the Council;
11. The National Constitutional Amendment Committee (NCAC) continues to work diligently and expeditiously. Five security sector amendment bills were completed and submitted to the Minister of Justice two weeks ago, on 25th January, 2018. The NCAC is already in the process of reviewing the National Elections Act and Political Parties Act and has received submissions from parties and stakeholders.
12. It is however, disappointing that the Constitutional Amendment Bill, which incorporates the ARCSS into the TCSS, and which was submitted to the Minister of Justice back in April last year, has yet to be tabled in the Transitional National Legislative Assembly for ratification.
13. The humanitarian situation has seen no improvement in recent months and we await evidence of any significant improvement to humanitarian access around the country. The number of refugees and displaced persons remains at around 4 million.
14. Last week UNHCR launched its South Sudan Regional Refugee Response Plan for 2018, in which they ask for USD 1.5 billion to cater for the needs of South Sudan refugees in neighbouring countries. This is in addition to the USD 1.7 billion already requested by the humanitarian community to support those in need inside South Sudan. In short, a staggering USD 3.2 billion is being requested for by the aid agencies from the donor community to support South Sudanese people within and outside their country.
15. Improvements in economic stability in South Sudan have stalled and we must now raise the prospect of a mounting financial crisis. In December last year, we described the worsening economic and financial situation in South Sudan and its possible impact on inflation and the exchange rate. Not surprisingly, the exchange rate has weakened by around 30 per cent over the period from 1st January to 5th February, 2018. This development translates into higher import prices and higher inflation.
16. While the oil price has risen more favourably than anticipated, and contributed to higher gross oil revenues, the impact on the exchange rate has been more than neutralised by payments of arrears in transfers to the Republic of Sudan. Ultimately, if the TGoNU does not gain access to sufficient international borrowing or grant financing, a sustained downward pressure of the exchange rate is inevitable.
17. Given the current state of Government finances, it will be difficult for the Government to create the fiscal space needed for the funding of any mechanisms under the Peace Agreement.
Chairperson, Commissioner, Members of the Council;
18. The successful convening of the HLRF just before Christmas was a huge and welcome step forward. A platform for inclusive, political dialogue had been established through which the challenges that confront the peace process can be addressed and resolved.
19. The HLRF has re-convened to continue its systematic review and invigoration of the Peace Agreement. The parties are now deliberating on how to achieve full and inclusive implementation of a revitalized Agreement, and how to restore and sustain the Permanent Ceasefire with revised timelines and implementation schedules. This task is achievable.
20. JMEC welcome the constructive engagement of all the parties and participants and trust that this will be sustained as we continue to make progress. I must congratulate Ambassador Dr. Ismail Wais, the IGAD Special Envoy for South Sudan, for his determination in this matter. It is beholden upon us all to keep our faith in this process and support it with all the resources at our disposal.
21. With one voice, the region and the international community has called for strong and unequivocal consequences for those who violate the Cessation of Hostilities Agreement, or in any other way wilfully spoil or derail the peace process. The question we must address now is not whether there should be consequences, but what those consequences should be and how they can be effectively imposed?
22. Ultimately, responsibility for the direction that the country takes lies with the Government and the parties of South Sudan, but IGAD and the AU, supported by the wider international community, has a critical role to play.
23. It is essential that the AU remains engaged, committed and focused throughout the revitalisation process, so that your reinforcing and reassuring support can be brought to bear effectively. Together, we have to help the South Sudanese leaders find and sustain the spirit of compromise and engagement that will deliver long term peace and stability.
24. JMEC therefore urges this Council to maintain a unified approach, demonstrate One Voice, challenge those who peddle self-interest, and decide the application of real measures against those who violate the Agreement.
I thank you.
The Chairman of the AU Peace and Security Council, Ambassador Ndumiso Ntshinga, The African Union High Representative for South Sudan, President Alpha Konare; Commissioner for Peace and Security, Smail Chegui , Your Excellencies Permanent Representatives;
Ladies and Gentlemen;
- Thank you for your kind invitation to brief you all today.
- I submitted my quarterly report to the African Union Peace and Security Council last month, covering the period November 2016 to February 2017. I hope that you have received it and had a chance to review my findings.
- In the eight months since the outbreak of violence last July, the situation in South Sudan has steadily deteriorated to an unacceptable level.
- CTSAMM, the Ceasefire and Transitional Security Arrangements Monitoring Mechanism, now report deliberate, planned conflict between the main Parties to the Agreement. The UN’s leading relief agencies have also declared a famine in specific localised areas.
- Two days ago, I chaired the March JMEC Plenary in Juba and I can report that there was a heightened sense of alarm expressed over the fact that the security, economic and humanitarian situation are slipping out of control. It is time now to stand together to do something about it.
- Let me first very quickly summarise the situation as we find it, and then I shall address the defining questions that we face.
Chairman, Excellencies, Ladies and Gentlemen;
- Sadly repeated calls for peace have gone unheeded. CTSAMM have given us their strongest report on record, stating, and I quote, “the security situation is rapidly deteriorating. We are observing well planned and deliberate fighting in Greater Upper Nile and the Equatoria regions. Violations indicate a gross disregard for the Permanent Ceasefire and recent reports suggest that fighting is likely to continue.”
- We were also disappointed to learn that CTSAMM teams continue to be routinely denied access to investigate violations by both Government and Opposition forces. In Malakal the team was denied freedom of movement by the SPLA-IG on several occasions as they tried to investigate the fighting that took place in Wau Shilluk.
- In January a member of the CTSAMM monitoring and verification team in Wau was killed, reportedly by SPLA-IO (Machar).
- Whilst we try to encourage implementation of the Peace Agreement, the SPLA-IG and the SPLA-IO loyal to Dr. Machar, and other armed groups, wage relentless war and engage in the destruction of lives, homes and communities in total violation of the ceasefire agreement.
- This conflict is not acceptable and I strongly condemn the violence, the killings, the human rights abuses, the destruction of homes and the interference in the CTSAMM operation by all armed groups around the country. Those responsible must be held accountable for the continuous suffering of innocent civilians.
Chairman, Excellencies, Ladies and Gentlemen;
- On 20th February, UN Agencies WFP, UNICEF and FAO declared a localised famine affecting about 100,000 people in northern Unity State. An additional one million are on the brink of famine in several other parts of the country.
- A formal famine declaration means that people have already started to die from starvation. This famine, however, has nothing to do with failing rains, drought or infertile soil. It is entirely the product of violence & insecurity. When people are driven from the land in fear of their lives, production stops, food becomes scarce and people starve.
- Every single act of violence results in ever growing numbers of refugees or IDP’s and this is deeply regretable. I find continuous reports of the denial of access for critical humanitarian aid, predominantly by the government, to be deplorable. All Parties to the Agreement must take responsibility for the protection of the South Sudanese people.
- In the interim, we must urgently look again at all possible practical measures that we can take to alleviate the desperate suffering that millions of people are facing every day.
- The economic crisis is deepening further. Increased insecurity in rural areas has contributed to a significant reduction in agricultural production and has also negatively impacted oil production. Together with low oil prices, these developments have caused a dramatic decline in revenues and living standards across the country.
- The Transitional Government of National Unity has from 1st March announced an increase in work permit fees from $100 up to between $1,000 and $10,000. Such measures will affect both the public and private sectors in South Sudan by impairing future economic growth and development through a reduction in the transfer of skills and lowering foreign direct investment.
- Increased fees levied on foreign humanitarian workers will further hinder the humanitarian relief effort in a manner that is inconsistent with the spirit of Chapter III of the Agreement. I have appealed to TGoNU to reconsider these measures.
Chairman, Excellencies, Ladies and Gentlemen;
- With regard to the implementation of the Agreement, I can report the following:
- It should be noted that since the events of July 2016, a split in the SPLM/IO has resulted in two factions appearing: one loyal to Dr. Riek Machar, currently in exile in South Africa, which is still fighting and has been excluded from all Agreement Institutions, and the other loyal to General Taban Deng Gai, now First Vice President, who are cooperating with the Government.
- The National Constitution Amendment Committee has held two meetings during which all the amendments to the Constitution to incorporate the Agreement have been discussed. NCAC has also met both the Minister for Justice and Constitutional Affairs and the Minister for Cabinet Affairs and briefed them on progress. Both Ministers have affirmed the government’s commitment to the implementation of the agreement and pledged to support the work of NCAC. The Committee is working hard to complete the review of the Constitution before the end of the month.
- We have formally submitted CTSAMM Board-certified ceasefire violation reports, including attribution, to the TGoNU and requested that both SPLA-IG and SPLA-IO advise JMEC on the actions taken regarding the reported violations.
- The Joint Military Ceasefire Commission has continued to develop plans for cantonment. I am aware of the challenges that the JMCC is facing, predominantly in resourcing, but I hope that it will explore every option to deliver a practical and realistic solution and that a pilot programme will commence soon.
- The Joint Integrated Police have developed a full Action Plan for 2017 and remains ready to engage training for over 1,000 police at Rajaf Training Centre. However, delays in the vetting and registration process and in resource allocation are stalling progress and I have urged the TGoNU to resolve these issues as quickly as possible.
- The Strategic Defence and Security Review Board Chairperson and his team continue to work towards completing the Strategic Defence Review and have been working with partners on developing an initiative that will set a number of key parameters, such as armed group integration, Disarmament, Demobilization and Reintegration (DDR), and the right-sizing of security forces.
- I have called upon the TGoNU to demonstrate commitment to these Agreement institutions by providing resources and facilities required to successfully achieve objectives; and I encourage the regional and international partners to support them.
- Chapter Four of the Peace Agreement underlines the need for economic stability. Data for government spending for the first half of 2016/17 shows that, despite overspending on some areas, the Government is close to meeting its goals on the implementation of its ambitious stabilization plan.
- Beyond the establishment in December 2016 of the Technical Committee for the National Consultative Process for the Establishment of the Commission for Truth, Reconciliation and Healing (CTHR), there has been no further progress on establishing Chapter Five mechanisms and institutions. I have yet to hear from the African Union Commission on the establishment of the Hybrid Court for South Sudan.
- These are matters of great concern. Given the escalation of the conflict, progress towards Chapter Five mechanisms is needed now more than ever before and I appeal to all parties to move with haste to enable their swift establishment. There must be accountability for the atrocities that are being committed daily across South Sudan.
Chairman, Excellencies, Ladies and Gentlemen;
- Whether by design or default, a war is being waged around South Sudan and the security and humanitarian situation continues to deteriorate. And so I wish to spell out the three defining questions that we all face together right now.
- How do we stop the fighting? How do we stop innocent people dying of starvation? And how do we ensure that the interests and concerns of all South Sudanese communities are fully represented and considered? Peace, relief and inclusivity.
- These three issues are wholly interconnected. The humanitarian crisis, now officially a famine, is the direct result of insecurity and armed violence perpetrated by all parties to the Agreement.
- This insecurity and armed violence is a direct result of the perception and reality of political exclusion from the peace process.
- And therefore, only when all the people and communities of South Sudan see that their interests and concerns are being represented, can peace return to this country, and the people return to normal life.
- There can never be a military solution in South Sudan. To find a sustainable political solution, we must be willing to listen to all views, accommodate all constituencies and compromise.
- Equally, a political solution cannot be imposed upon any one side by any other. We must be willing to find the appropriate solution that answers the interests of all.
- I have met with the President of South Sudan, H.E. Salva Kiir Mayardit, twice in the past two weeks and had important discussions primarily focused on the principles of inclusivity and the National Dialogue initiative, which has the potential to address national grievances if it is genuinely and sincerely inclusive.
- I have reiterated my view that the National Dialogue must hear and address the views of all communities in South Sudan, not simply those who agree with the Government. The National Dialogue must be authentic, autonomous and impartially-led for it to be credible and deliver a reliable representation of all views and concerns.
- A National Dialogue conducted in this fashion would be a true vehicle for the full implementation of the Peace Agreement.
Chairman, Excellencies, Ladies and Gentlemen;
- To enhance its effectiveness, JMEC has established Working Committees, as permitted by the provisions of Chapter Seven of the Agreement.
- This initiative is about utilising the full capacity and potential of JMEC and taking a collaborative approach to enhancing our oversight role, and maximising our collective ability to assess, evaluate, and support the implementation of the Agreement.
Chairman, Excellencies, Ladies and Gentlemen;
- And so finally, my recommendation is that we must continue to demand:
- the total cessation of violence around the country and the immediate deployment of the Regional Protection Force;
- the full and credible inclusion of all Parties and stakeholders in the political process;
- the constant encouragement to the TGoNU to ensure a genuinely inclusive National Dialogue that involves all the estranged parties to the Agreement, other armed groups, communities, civil society and women’s groups;
- the continued support to the NCAC to conclude their work as quickly as possible;
- continued implementation of Chapter II Transitional Security Arrangements and cantonment activities;
- a dramatic and immediate improvement of the conditions for delivery of humanitarian assistance and the establishment of the Special Reconstruction Fund (SRF);
- and a renewed effort to establish the Hybrid Court for South Sudan.
- In conclusion, therefore, and in the face of an ever-worsening situation, I believe that a resolute and unified approach by IGAD, by the African Union and by the international community can recover lost ground and I hope that we will continue to work together and play our parts in restoring hope to the people of South Sudan.
- May God bless us all and continue to guide us in the relentless pursuit of peace.