BRIEFING By H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS , INTERIM CHAIRPERSON, AT THE LAUNCH OF THE , JOINT AFRICAN UNION COMMISSION – INTER-GOVERNMENTAL AUTHORITY ON DEVELOPMENT POST-CONFLICT NEEDS ASSESSMENT FOR SOUTH SUDAN, WEDNESDAY, 11 MAY 2023, JUBA, SOUTH SUDAN
- Hon. Stephen Par Kuol, Minister of Peacebuilding
- Your Excellency, Dr Ismail Wais, IGAD Special Envoy for South Sudan
- Your Excellency, Amb. Naohiro Tsutsumi, Ambassador of Japan to South Sudan
- Representative of the African Union Commission,
- Dr Samuel Doe, Resident Representative of the United Nations Development Programme
- Representative of the World Bank
- Country Director of the African Development Bank
- Distinguished Ladies and Gentlemen.
Good morning.
1. It is my pleasure to brief you all this morning at the launch of this important initiative, and I would like to express my sincere thanks to IGAD and the African Union Commission for giving me this opportunity. Furthermore, I would like to commend both organisations for coming together in support of their member state South Sudan at this timely juncture. With the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) recently extended by 24 months, and elections due in December 2024, all possible support is truly welcome as much remains to be done at this critical time.
2. The stated objective of the post-conflict needs assessment, which is ‘enhancing the efforts of the Revitalised Transitional Government of National Unity (RTGoNU) towards the full implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)’, is appreciated. In particular, I am pleased to see that one of the outcomes to the needs assessment is to highlight opportunities for support, including modalities for the establishment of the Special Reconstruction Fund (SRF) as per Article 3.2 of the Revitalised Peace Agreement. As we all know, the lack of funding has been a huge challenge since the Agreement’s signing, and the SRF is a mechanism required to raise and transparently manage funds for the reconstruction effort and the implementation of the Agreement. I am hopeful that the ‘rigorous and all-inclusive’ needs assessment that this initiative is intended to deliver will help to create a springboard from which the RTGoNU can establish and operationalise the SRF.
3. In this regard, I would like to deliver a chapter-by-chapter briefing on the status of the implementation of the R-ARCSS, including key achievements made, some critical pending tasks, recurring challenges and key milestones that need to be reached as South Sudan looks towards elections.
Excellencies, Ladies and Gentlemen,
4. At the outset, I would like to point out that February 2023 marked exactly three years since the formation of the RTGoNU, and elections are scheduled to be held in December 2024. While there has been considerable progress made towards the implementation of some provisions of the R-ARCSS to date, it has been slow and many critical tasks of the Agreement are still not implemented. Within this extended Transitional Period, a greater sense of urgency is required by all stakeholders in order to adhere to the timelines set out in the Roadmap.
Chapter 1: Governance
5. With regards to Chapter 1 on the RTGoNU, a number of tasks have been completed, key among these being:
a. formation of government structures at the national and sub-national levels, including the executives and legislative assemblies;
b. incorporation of the Revitalised Peace Agreement into the Transitional Constitution of the Republic of South Sudan (TCRSS) 2011, as amended;
c. legislative reforms undertaken through the National Constitutional Amendment Committee (NCAC) reviews, and drafting amendments of requisite pieces of legislation. Only six laws are pending in this regard;
d. enactment by the reconstituted Transitional National Legislature of numerous pieces of legislation, including five out of six security related laws, the Constitutional Amendment Bills, the Political Parties Act 2022 and the Constitution Making Process Act 2022; and
e. establishment and operationalisation of the ad hoc Judicial Reform Committee (JRC) in pursuance of its mandate, which is to study and recommend appropriate judicial reforms.
6. The process of restructuring and reconstituting the Institutions and Commissions at the national level, as per article 1.19 of the R-ARCSS, is not yet concluded. In addition, the task of establishing an independent Constitutional Court and tasks relating to the amendment of the national elections law, reconstitution of the Political Parties Council, National Elections Commission and preparations for the conduct of elections, are still pending.
Chapter 2: Permanent Ceasefire and Transitional Security Arrangements
7. On the Permanent Ceasefire and Transitional Security Arrangements (TSA), the completion of Phase I graduation of approximately 55,000 unified forces is a commendable step. The next priority tasks are the redeployment of the graduated forces, the commencement of training of Phase II of unified forces, the collection and management of weapons and munitions, and Demobilisation, Disarmament, and Reintegration (DDR). That said, the lack of funding to all the security mechanisms, especially to the DDR Commission is of great concern, as DDR is an integral component of the unification of forces. Furthermore, the development of the Strategic Defence Review policy paper is pending.
Excellencies, Ladies and Gentlemen,
Chapter 3: Humanitarian Assistance and Reconstruction
8. On humanitarian affairs, some humanitarian corridors which were opened have facilitated the free movement of goods, supplies, services and people across borders. This has enabled some voluntary returns, though some 2.3 million are still being hosted in neighbouring countries.
9. However, overall, the magnitude and severity of humanitarian needs continues to rise, due to the cumulative effects of prolonged intercommunal conflicts, widespread flooding, and high levels of food insecurity. More than nine million people are projected to need humanitarian assistance and protection this year according to UNOCHA, while efforts by humanitarian agencies to reach those in dire need are further hampered by reduced funding. The humanitarian situation in South Sudan is further challenged by the influx of refugees and returnees from Sudan following the outbreak of conflict there. Also of concern is the safety and access of humanitarian workers and their assets, who deliver much-needed assistance to those in need.
10. With this in mind, the focus that the needs assessment places on the establishment of the Special Reconstruction Fund (SRF) and Board is very important. Once the SRF is established, in accordance to Article 3.2.8, IGAD, the African Union and the UN are expected to collaborate in convening the Pledging Conference to resource the fund, and to support the implementation of the Agreement.
Chapter 4: Economic, Resource and Financial Management
11. Under Chapter 4 on Resource, Economic and Financial Management, overall, economic reforms have been slow, and greater and more rapid progress is needed. However, there has been some progress made with regards to environmental protection and in the management of natural resources, in particular greater transparency in the production and marketing of petroleum resources. Meanwhile, the work of the Public Finance Management Oversight Committee continues to improve the overall transparency and accountability in the management of the country’s finances.
12. In other areas, crucial building blocks for sustainable development in South Sudan are being developed, such as agricultural policies, and strategies and programmes to address food security. Further, the legal and institutional framework for Youth and Women Enterprise Development Funds to build small and medium enterprises are also being developed.
Excellencies, Ladies and Gentlemen,
Chapter 5: Transitional Justice
13. Chapter 5 of the R-ARCSS on transitional justice envisages the establishment of three mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). None of these have yet been established. However, the Ministry of Justice and Constitutional Affairs has undertaken country-wide consultations and prepared draft bills on the establishment of the CTRH and CRA, and the African Union Commission has initiated its engagement with the RTGoNU on the establishment of the Hybrid Court for South Sudan.
Chapter 6: Parameters of the Permanent Constitution
14. With regards to the making of the permanent constitution, the Consitution Making Process Act was assented to by the President of the Republic of South on 21st December 2022, setting in motion the timeline for the constitution making process, but today, over four months later, no progress has been made in this regard.
15. Considering the Roadmap timelines, the following institutions should have been reconstituted or established by now: the National Constitutional Review Commission (NCRC) and its Secretariat, the Preparatory Sub-Committee for the National Constitutional Conference, and the Constitutional Drafting Committee to kick-start the constitution-making process. These delays are particularly concerning, given that a people-led and people-owned constitution is a critical legal framework which will guide the conduct of elections in December 2024.
Excellencies, Ladies and Gentlemen,
16. Overall, as aforementioned, completing the unification of forces, the making of the permanent constitution, and preparations for elections in December 2024, are among the critical tasks which remain pending. Given the magnitude of the tasks ahead and the slow pace of implementation, RJMEC has urged all parts of the RTGoNU to redouble efforts, work collaboratively, in a collegial and consultative manner, and to expedite implementation and provide much-needed resources and leadership to the implementation of the Peace Agreement. The support of international partners and friends of South Sudan in this regard is also crucial.
17. In conclusion, there are challenges ahead for the R-ARCSS to be fully implemented in letter and spirit. However, besides the challenges, there is plenty of potential in the country of South Sudan, and a population deeply deserving of peace and sustainable development. I wish the consultants every success in their endeavour, and as RJMEC, we stand ready to assist their work as part of our mandate.
I Thank You.
Distinguished Ladies and Gentlemen
Good morning,
1. It is my pleasure to welcome you all to this workshop dedicated to discussing how to enhance the role and participation of South Sudan women in the implementation of the Revitalized Peace Agreement. The theme of the event, “understanding the Roadmap and women’s participation in implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)” is timely and significant.
2. Today is a special day for all of us, as we mark the International Women’s Day. This special day encourages us to reflect on the milestones that have been achieved by women in the world. The ideals advocated by the UN Security Council Resolution 1325 are aimed, among others, at mainstreaming gender by bringing about a greater sensitivity to the different effects that war has on men and women.
3. The ground-breaking Security Council Resolution 1325, which was passed in the year 2000, is the first to link women’s experiences of conflict to the international peace and security agenda, focusing attention on the disproportionate impact of conflict on women, and calling for women’s engagement in conflict resolution and peace building. It recognised the undervalued and underutilised contributions women make to conflict prevention, peacekeeping, conflict resolution, conflict transformation, including securing and sustaining peace. It also stressed the importance of women’s equal and full participation as active agents in peace and security.
4. Historically, women have been in record for constructively engaging in the South Sudan peace process. During the IGAD-led High-Level Revitalization Forum (HLRF) of the parties and stakeholders which culminated into the Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), the South Sudanese women played a critical role in successfully negotiating issues affecting them. As you may recall, the chief mediator, Hanna Tetteh, is a woman.
5. The increase in women representation from 25% under the previous Peace Agreement to 35% under the Revitalized Peace Agreement is a sheer demonstration of the women’s agency in arguing their case for effective representation and participation in political processes, including in all state institutions. RJMEC encourages the R-TGoNU and all the political parties to provide an enabling environment for South Sudanese women to fully participate in the implementation of the R-ARCSS.
6. This workshop therefore comes shortly after we have marked the third anniversary of the Revitalised Transitional Government of National Unity (RTGoNU), three years of the Transitional Period of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), and after four and a half years of the signing of the Revitalized Peace Agreement itself.
7. In late 2021, it was RJMEC’s assessment that a number of critical tasks were pending, which would have made the conduct of elections as originally scheduled in December 2022, near impossible. Accordingly, RJMEC requested the RTGoNU to develop and share its strategy on achieving the critical pending tasks within the timeframe remaining. Consequently, the RTGoNU duly developed a Roadmap in August 2022, setting out a revised schedule for implementation of the critical pending tasks to enable the country conduct peaceful and democratic elections within 24 months, with the Transitional Period now expected to end in February 2025.
8. The Roadmap, in the words of the RTGoNU, “is to provide time-bound guidance on the implementation of outstanding provisions that are critical to the conduct of peaceful and democratic elections at the end of the transition period, not alternative to the R-ARCSS.”Therefore, in the extended period of the Transitional Period, just as before, the R-ARCSS remains the supreme document.
9. In this regard, therefore, as we move into the extension period, the gender provisions remain very relevant and central. This is the reason why the theme of the event, “Understanding the Roadmap and women’s participation in implementation of the R-ARCSS” is the main focus of discussions in the workshop.
Distinguished Ladies and Gentlemen,
10. The gender provisions of the Agreement seek to improve the inclusion and empowerment of women in a very fundamental way. They cover the participation and representation of women in decision‐making positions, in all governmental bodies, and institutions and mechanisms that drive political, economic, social and judicial reforms, as well as the constitution-making process. This remains equally valid and important in the Roadmap.
11. In particular, there are provisions which refer to the prevention of all forms of violence against women and girls, including measures to prevent sexual and gender-based violence (SGBV) in general and sexual violence in particular. Then, there are provisions on the protection and promotion of women and girls’ rights, including protection from SGBV, and the consideration of women and girls’ specific protection needs.
12. Therefore, it is evident that the letter and spirit of the gender provisions in the Revitalized Peace Agreement are deep and far-reaching, and aimed at creating a conducive environment for women in South Sudan to actively participate in the political, economic and social life of their country. It is important to recognise the role and value of women in all these aspects. Women are capable in decision-making, especially those affecting the social fabric and the environment, and they share information well. They bring additional perspectives, especially on issues that affect other women and girls. Women also provide holistic approaches and dimensions in today’s complex and evolving challenges in all spheres.
13. In spite of the fact that UNSCR 1325 on the role of women in conflict resolution and peace processes, which calls for the adoption of gender perspectives, especially of women’s and girls’ needs in peace agreements, and their implementation mechanisms, and for the protection and respect of their rights, women continue to face obstacles in the realisation of this aspiration, and do so during the implementation of the Revitalised Peace Agreement.
14. The challenges facing women are enormous, especially in our continent and also in South Sudan. They include those related to access to power, inclusivity and effective participation, and gender bias. Unless such challenges are adequately addressed, perspectives and concerns of women will be overlooked in politics as well as in the implementation of the Roadmap of the R-ARCSS. This therefore calls for women to be respected and not to be ignored or undermined, and women should be assertive in making their voices heard.
15. As the RTGoNU continues in the implementation of the Roadmap, there are some key bodies which need to be reconstituted and staffed. These include the Political Parties Council, the National Elections Commission, and the National Constitutional Review Commission (NCRC). Also related to the Constitution-making process is the establishment of the Preparatory Sub-Committee for the National Constitutional Conference, and recruitment of the Constitutional Drafting Committee.
16. As we know, the Agreement mandates 35% level of women’s participation in such bodies, and the nominees to these bodies need to reflect the gender, political, social, ethnic, religious, and regional diversity of South Sudan. RJMEC takes these considerations very seriously, and as we conduct our monitoring and evaluation of the Revitalized Peace Agreement, we will ensure that these parameters get the proper level of attention.
17. Furthermore, along with all of us here, RJMEC celebrates International Women’s Day, and will continue to support gender-focussed activities such as this one. I sincerely thank the organisers of this event, and I look forward to hearing about how the workshop’s outcomes will contribute to the effective implementation of the Peace Agreement Roadmap in general, and the gender provisions in particular.
18. I wish you all a fruitful and successful workshop.
I Thank You.
H.E. Dr. Wani Igga, Vice President of the Republic of South Sudan and Head of Economic Cluster
Hon. Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs
Hon. Ngor Kolong Ngor, Chairperson Anti-Corruption Commission
Honourable Ministers present
Excellencies, Members of the Diplomatic Corps,
Distinguished Ladies and Gentlemen
Good morning!
I am deeply honoured and privileged to speak on this occasion to mark the International Anti-Corruption Day in the Republic of South Sudan. I bring you greetings and sincere apologies from H.E Amb. Maj. Gen (rtd) Charles Tai Gituai, Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) who unfortunately could not attend this important event due to unavoidable circumstances.
I thank Hon. Ngor Kolong Ngor, Chairperson of the Anti-Corruption Commission for inviting RJMEC and for organizing this event. I also thank UNMISS for partnering with and supporting the Commission to make this event a success.
Excellencies, Ladies and Gentlemen
There is no doubt that corruption, misuse and abuses of public resources is one of the major conflict drivers and indeed a huge impediment to economic development, social services delivery, peacebuilding and transformation in every society. That is why reforms geared at promoting accountability, prudent and transparent management of public finances and oil revenues are at the core of the implementation of the Revitalized Peace Agreement.
Indeed, a whole chapter, Chapter 4 of the R-ARCSS is dedicated to resource, economic and financial management reforms including institutional reforms, legislative reforms, oil/petroleum management, land reforms, environmental protection, wealth sharing and revenue allocation, public expenditure, borrowing, public finance management and enterprises development funds.
As you may all know by now, some good progress is being made in this regard. The Revitalized Transitional Government of National Unity has initiated a number of reforms in Public Financial Management including operationalization of the treasury single account, creation of the Public Procurement and Asset Disposal Authority and review of several legislation including the Public Financial Management Act, National Audit Chambers Act, Petroluem Act, Petroluem Revenue Management Act, and the Anti-Corruption Commissions Act.
All these laws have now been reviewed by the National Constitutional Amendment Committee (NCAC) which has drafted Amendment Bills and handed them over to the Minister of Justice and Constitutional Affairs. These laws have been amended to align them with the Revitalized Peace Agreement and international best practices in order to ensure transparency and accountability. In the case of the Anti-Corruption Commission Bill, once enacted, the Commission will be reconstituted in accordance with the amended Act fully empowered to fight corruption and it will have all our support, consequently, South Sudan will have some of the most progressive and effective legal frameworks in the management of public finances and resources, including in the fight to combat corruption. What will remain however will be their full implementation and for this to happen, we must all play a role.
Therefore, the theme chosen for today’s celebration is particularly relevant for South Sudan, that is: “Your Role, Your Right. Say No to Corruption, Your No Count”. We are all being called to action.
Excellencies, Ladies and Gentlemen
As we mark this international day, dedicated to highlight the rights and responsibilities of all stakeholders-including states, government officials, civil servants, law enforcement officers, media, private sector, civil society, academia, women, youth, and the public generally in tackling corruption, let it begin with us here. Let us all say no to corruption.
RJMEC would like to use this opportunity to appeal to the RTGoNU, in particular to the Honorable Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs to expeditiously present all the amendment bills already submitted to him, by the NCAC to the Council of Ministers and table the same before the reconstituted TNLA for enactment soonest possible. Further, we appeal to the Honorable Madam Speaker to forward the Constitution Bill to H.E. the President for assent. The enactment of these pending laws and the assent of the Constitution Bill will lay a firm foundation for transparency and accountability in the Republic of South Sudan and aid our collective efforts towards implementation of the Peace Agreement for a democratic process of governance that is able to combat corruption.
As I conclude, I appeal to our regional and international partners to support the efforts of the Government and people of South Sudan to curb this vice of corruption, by building capacitie of critical institutions, like the Anti-Corruption Commission and Audit Chambers and put in place the necessary systems to investigate and curb the multifaceted challenges of corruption, including by sharing best practices.”
I thank you all and wish you a successful event.
STATEMENT BY H.E. AMBASSADOR MAJ. GEN. (rtd) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE HIGH-LEVEL GOVERNORS’ FORUM
Wednesday, 23 November 2021, Juba, South Sudan
- Your Excellency Gen. Salva Kiir Mayardit, President of the Republic of South Sudan
- Your Excellency Dr Riek Machar Teny, First Vice President of the Republic of South Sudan and Chair of Governance Cluster;
- Your Excellency, Dr James Wani Igga, Vice President of the Republic of South Sudan and Chair of Economic Cluster;
- Your Excellency, Taban Deng Gai, Vice President of the Republic of South Sudan and Chair of Infrastructure Cluster;
- Your Excellency, Hussein Abdel Bagi, Vice President of the Republic of South Sudan and Chair of Services Cluster;
- Your Excellency, Rebecca Nyandeng De Mabior, Vice President of the Republic of South Sudan and Chair of Youth and Gender Cluster;
- The Rt Hon. Jemma Nunu Kumba, Rt Hon. Speaker of the Reconstituted TNLA,
- Your Excellency, Nicholas Haysom, SRSG and Head of UNMISS
- Honourable Ministers,
- Governors, Deputy Governors and Chief Administrators of the Administrative Areas
- Excellencies Ambassadors,
- Distinguished Ladies and Gentlemen,
Good morning!
1. It is my distinct honour to address this 6th High-Level Governors’ Forum, as the Interim Chairperson of the RJMEC this morning. When I had the privilege to address this Forum last year, I emphasized the core responsibility of the RTGoNU executives at national and state levels to ensure the full and timely implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
2. This November, the implementation of the R-ARCSS is already in its fifth year since it came into force in 2018. Notwithstanding the challenges, progress has been witnessed over the past years, including resolution of the number of states and their boundaries, establishment of executive and legislative arms of government at national and state levels, legal and institutional reforms, adherence to the permanent ceasefire, unification of the Command Structure and graduation of the first batch of the unified forces, among others.
3. However, aware of the fact that there are critical outstanding tasks of the R-ARCSS within the limited timeframe left, RJMEC requested the Parties to the R-ARCSS to prepare a roadmap and strategy for the implementation of the outstanding tasks.
4. On 2nd August, the Parties reached consensus on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the R-ARCSS. The Council of Ministers of the RTGoNU endorsed it on 4th August, RJMEC consented to it on 1st September and the RTNL ratified it on 16th November 2022 pursuant to article 8.4 of the R-ARCSS. The Roadmap, which now extends the Transitional Period by 24 months from February 2023 to February 2025, was developed and owned by the Parties to the R-ARCSS themselves.
5. It is encouraging that the theme of the 6th Governor’s Forum is themed ‘accelerating the implementation of the Revitalized Peace Agreement in accordance with the Roadmap 2022. This Forum, which is such an influential policy platform, is a very timely way in which to collectively address this issue, and I would like to thank the Ministry of Presidential Affairs, with support from the UNDP, for all their work in putting this Forum together. In particular, enhancing collaboration between all the RTGoNU structures from the national to the State levels is critical, particularly for timely, effective and efficient implementation of the R-ARCSS.
6. In line with the mandate of RJMEC, my statement this morning will focus on the status of implementation of the R-ARCSS to date chapter by chapter, highlight key pending tasks, recurring challenges, and conclude with recommendations.
Excellencies, Distinguished Ladies and Gentlemen,
7. With regards to Chapter 1 on the RTGoNU, a number of tasks have been completed, key among these being:
a. the number of states and their boundaries was resolved in February 2020 by returning to 10 states and three Administrative Areas, from the previous figure of 32 states;
b. formation of government structures at the national and sub-national levels, including the executives and Transitional National Legislature and State Assemblies;
c. incorporation of the Revitalised Peace Agreement into the Transitional Constitution of the Republic of South Sudan (TCRSS) 2011, as amended;
d. the passing of numerous pieces of legislation by the Transitional National Legislature, including the Constitutional Amendment Bills, the SSPDF Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill; and the Constitution-making Process Bill, and ratification of the Roadmap; and
e. initiating judicial reforms through the establishment of the ad-hoc Judicial Reform Committee in July 2022.
8. Some key tasks of Chapter 1 remain outstanding. They include the restructuring and reconstitution of the Institutions and Commissions at the national level, judicial reforms and tasks related to elections. A focus on elections is important because it is a central task of the Revitalised Peace Agreement, and the Roadmap itself is geared towards a peaceful and democratic end of the Transitional Period. In the opinion of RJMEC, careful attention to the following will greatly assist in accelerating the implementation of the Agreement, which is critical for this Forum:
a. provision of an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process;
b. the process of making of the permanent constitution, the provisions of which will guide elections;
c. completion of the phase 2 of the unification and redeployment of all the Necessary Unified Forces (NUF);
d. the Political Parties Council needs to be reconstituted and operationalised;
e. the National Elections Act, 2012 must be reviewed and amended so that it conforms to the R-ARCSS and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections;
f. implementation of programmes for relief, protection reconstruction, repatriation, resettlement, rehabilitation and reintegration of refugees, IDPs and returnees;
g. various critical election processes must begun early, such as voter registration, and publication of the voters register six months prior to elections; and
h. the security forces must prepare for elections-related security tasks at least six months before the end of the Transitional Period.
9. On the Permanent Ceasefire and Transitional Security Arrangements (TSA), the completed tasks include:
a. establishment or reconstitution of key Chapter II Security Mechanisms;
b. establishment of Cantonment Sites and Training Centres throughout the country, and graduation of the Necessary Unified Forces has begun, with only one more graduation event scheduled to take place before Phase I is completed;
c. reconstitution of the DDR Commission as a critical component of the unification of forces;
d. the holding of the Permanent Ceasefire between the Parties to the R-ARCSS despite violations at the tactical level; and
e. Agreement on the Unified Command structure of the united forces.
10. Considering the fact that Transitional Security Arrangements are the backbone of the Agreement, it is important to flag the outstanding tasks, which were supposed to have been accomplished by 30 September 2022 as provided for in the Roadmap. These tasks include: redeployment of Phase 1 of the graduated NUF and commencement of its Phase 2; finalisation of the Strategic Defence and Security Review documents; provision of clear and predictable funding for DDR programmes; and development of a clear plan for the management of weapons from troops going to training centres.
11. However, the conditions of instability in parts of the country, such as in some areas of the Equatoriasand Greater Upper Nile are complicating the implementation of the Transitional Security Arrangements. Subnational or inter-communal violence continues to sap the energy from full implementation of Chapter 2, as do the activities of the holdout groups. In particular, the State Governors present here today have a very important role to play in addressing these incidents of instability and the conditions which give rise to them.
Excellencies, Distinguished Ladies and Gentlemen,
12. Under Chapter 3 of the Revitalised Peace Agreement on humanitarian affairs, the opening of some humanitarian corridors which have facilitated free movement of goods, supplies, services, and people across borders, enabling some voluntary returns is a critical benchmark. According to reports from UNHCR, at least half a million South Sudanese refugees have spontaneously returned home since October 2018.
13. Conversely, the current humanitarian context in the country presents a worrying picture. The magnitude and severity of humanitarian needs have continued to rise, due to the cumulative effects of prolonged community-based conflicts, widespread flooding, and high levels of food insecurity. Also, there are concerns regarding access and safety of humanitarian workers and their assets. This year alone, eight aid workers lost their lives.
14. Under this chapter 3 therefore, there are critical tasks awaiting to be implemented. They include the establishment of the Special Reconstruction Fund and the Board of the Special Reconstruction Fund (SRF), including preparation for the SRF programme and a detailed action plan for the reconstruction of conflict affected states and other areas. The requirement for the SRF of an initial funding of not less than USD 100 million per annum by 30th August 2022 in accordance to the Roadmap,has not been implemented. Without establishing the SRF, the South Sudan pledging conference cannot be convened. In addition, the R-ARCSS requires that the 2016, NGO Act should be reviewed to ensure that it is aligned with international best practices. But this law is yet to be reviewed and amended.
15. The tasks which are within the purview of the RTGoNU to be addressed include: the creation of an enabling environment for the delivery of humanitarian assistance; instituting programmes for relief protection, repatriation, reintegration and rehabilitation of IDPs and returnees, and offer special consideration to the war-affected persons in the provision of public service delivery, including access to health and education; guaranteeing the rights of refugees to return in safety and dignity, and the rights of returnees and assist in the reunification of separated families; guaranteeing refugee and IDP citizenship and ensuring IDs and all documentation for spouses, property and land; and guaranteeing the rights of returnees and IDPs to return to their places of origin and/or live in areas of their choice in safety and dignity.
16. Chapter 4, on Resource, Economic and Financial Management. During the Agreement period so far, critical benchmarks have been reached in the following areas:
a. establishment of a competent and effective mechanism that oversees revenue collection, budgeting, revenue allocation and expenditure;
b. review of all current employment in the oil sector;
c. review, vetting and taking of corrective measures on all contracts awarded to oil service companies;
d. review and audit of the previous allocation and transfer of the 2% and 3% made to oil producing States and counties since 2011;
e. progress by the Ministry of Petroleum in implementing reforms in the petroleum sector, including in the areas of employment and more transparent operations in the sale of oil.
17. Overall, however, public financial reforms have been slow. The tasks in need of careful attention include:
a. completion of the audits designed to enhance the transparent management of the petroleum resources, such as the cost recovery audit and environment audit;
b. completion of the audit of the Government’s Financial Statements, and completion of the review of banking laws;
c. review of the Fiscal and Financial Allocation Monitoring Commission;
d. closing any Petroleum revenue accounts other than those approved by law, which was supposed to have been completed by 30th August 2022; and
e. review of the Petroleum Act 2012, the Anti-Corruption Commission Act 2009 and the Audit Chamber Act 2011.
Excellencies, Distinguished Ladies and Gentlemen,
18. In terms of Transitional Justice, Chapter 5; as we know the Agreement provides for the establishment of three mechanisms, namely: Commission for Truth Reconciliation and Healing (CTRH); the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA).
19. The following benchmarks have been achieved under the chapter:
a. approval of a roadmap for the implementation of chapter 5;
b. appointment of a ministerial task force to coordinate day to day implementation of Chapter 5;
c. establishment of a consultations mechanisms i.e., the Technical Committee on CTRH establishment;
d. the launch and completion of the first phase of public consultations that will inform the legislation establishing the Commission for Truth Reconciliation and Healing (CTRH);
e. study tours of The Gambia and later this month South Africa, to understand their transitional justice experiences, particularly around truth seeking and reconciliation processes;
f. commencement of the drafting of the CTRH bill; and
g. consultations commenced on good practices that will inform the Compensation and Reparation Authority legislative framework.
20. That said, none of the three mechanisms is established. Key outstanding tasks include: conducting public consultations with the other remaining stakeholders, such as refugees, IDPs and the Diaspora for the establishment of CTRH; establishment of CTRH by law, which was to be done by 30thOctober 2022 and operationalised by 30th November 2022; and initiation of legislation to establish the Hybrid Court for South Sudan and the Compensation and Reparation Authority.
21. Regarding Chapter 6, the constitution-making process was initiated by the RTGoNU in January 2021 with the adoption of a roadmap developed by the Ministry of Justice and Constitutional Affairs (MoJCA). RJMEC convened a workshop for the Parties and Stakeholders who agreed on the details for conducting the constitution-making process in May 2021, and its resolutions informed the Constitution-making Process Bill 2022 drafted by the Ministry of Justice and Constitutional Affairs and passed by the Transitional National Legislature last month, October.
22. Once the Bill becomes law, it will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), including the establishment of the Preparatory Sub-Committee for the convening of the National Constitutional Conference. The Agreement requires the Parties and other Stakeholders to submit the list of their nominees to the taskforce within 30 days after the coming into force of the Bill. Also, the Reconstituted NCRC is mandated to recruit the members of the Constitution Drafting Committee (CDC). These bodies are critical in the making of the new constitution to guide the conduct of elections at the end of the Transitional Period.
Excellencies, Distinguished Ladies and Gentlemen,
23. Throughout the period of implementation, various challenges have surfaced again and again. They include among others: the cumulative effects of prolonged subnational and inter-communal conflicts; capacity gaps; lack of funding; and the dire humanitarian situation contributed to by natural disasters such as floods.
24. Despite these challenges, and bearing in mind the slow pace of implementation, the Roadmap provides an opportunity to renew the impetus for building peace in South Sudan. There are immense tasks ahead, even with the extension, and time is of the essence. The people of South Sudan deserve nothing less than total implementation of the Roadmap in letter and spirit in order to enjoy the peace dividends that it brings.
25. In conclusion, I would like to offer the following recommendations to the RTGoNU, which also comprise you, the Governors. Firstly, adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks. Next, all outstanding bills to be passed expeditiously by the TNLA. Then, pay careful attention to implementing all the tasks necessary for the smooth conduct of credible elections at the end of the extended Transitional Period. Throughout all governance-related tasks and appointments, ensure women’s participation in governance and decision-making at the Agreement-mandated level of 35%. Also please consider the Youth and People Living with Disabilities as well.
26. Next, complete phase 1 graduation and redeployment of the Necessary Unified Forces, and commence with phase 2, which is overdue, and avail funding and political support to the DDR programmes, which is an essential component of the unification of forces. Also important is to undertake initiatives aimed at addressing inter-communal violence and the conditions which contribute to it. Finally, RJMEC recommends to fast track the establishment and operationalisation of the Transitional Justice mechanisms, and to ensure a people-led and people-driven constitution making process.
27. The end state of the Revitalised Peace Agreement is democratic transition through elections, and I have listed some of the key tasks to be implemented to help ensure their smooth conduct. State Governments have a strategic role to play in creating an enabling environment for the successful implementation of the R-ARCSS, including the conduct of elections.
28. I implore you to work collegially and in close collaboration with the national government, other state governments, lower-level government structures within your states, local capacities, and infrastructures for peace to ensure conflict early warning and mitigation, prevention, response and management. Your efforts will guarantee social cohesion, community security, safe political and civic space, public consultations during the permanent constitution-making process as well as during the time for conducting elections.
29. Finally, as the heads of State Government, I urge you to continue providing leadership in your respective States, strive to put the interest of the country first and work with your counterparts, no matter their political affiliations or identities, within the spirit of collegiality to implement the Revitalized Agreement of the Resolution to the Conflict in the Republic of South Sudan - R-ARCSS.
I Thank You.
REMARKS BY H.E. AMB. MAJ GEN (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC AT THE GRADUATION OF THE UNIFIED FORCES
TUESDAY, 30 AUGUST 2022
JUBA, SOUTH SUDAN
· H.E. Salva Kiir Mayardit, President of the Republic of South Sudan;
· H.E. Abdel Fattah al-Burhan, Chairperson of the Sovereignty Council of Sudan and Chair of IGAD;
· H.E. Yoweri Kaguta Museveni, President of the Republic of Uganda;
· H.E. Dr Riek Machar Teny, First Vice President of the Republic of South Sudan;
· H.E. Hussein Abdelbagi Akol, Vice President and representative of South Sudan Opposition Alliance;
· Excellencies Vice Presidents of the Republic of South Sudan;
· Distinguished representatives of the Governments of the Arab Republic of Egypt, Federal Democratic Republic of Ethiopia, Republic of Rwanda and the United Republic of Tanzania.
· Hon. Tut Gatluak Manime, Chairperson of NTC,
· Hon. Ministers,
· Excellencies Ambassadors
· Distinguished Guests,
· Ladies and Gentlemen.
Good afternoon! Asalamu Aleykum!
1. It gives me great pleasure to speak at this historic event in the implementation of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan. Today’s graduation of the first batch of the Necessary Unified Forces, is an important milestone as envisaged under Chapter II of the Agreement.
2. As the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission, the institution responsible for the overall oversight of the implementation of the Revitalized Peace Agreement, I do not take this occasion lightly, given the challenges which the Parties encountered in the unification of forces.
3. In this regard, I would like to congratulate H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, H.E Dr. Riek Machar Teny, First Vice President and all the Four Vice Presidents, for making this leap forward. I also commend the National Transitional Committee, the Joint Defense Board (JDB), the Joint Transitional Security Committee and the Joint Military Ceasefire Commission for working collectively to achieve this milestone.
4. I would also like to commend H.E. Lt. Gen. Abdel Fatteh al Burhan, Chairperson of the Sovereignty Council of Sudan and Chairperson of IGAD Assembly of Heads of State and Government and other IGAD Heads of State and Government, for their unwavering efforts and commitment to support the South Sudan peace process.
Excellencies, Distinguished Ladies and Gentlemen,
5. This graduation ceremony today symbolizes national unity, the spirit of patriotism, loyalty to the constitution and to the country. The unified forces reflect the national character of the people of South Sudan.
6. I would like to congratulate the graduating unified forces for their endurance, commitment and determination to serve the country as members of the security forces. As professional, apolitical security forces, the spirit of comradeship, discipline, espirit de corps and loyalty that you have developed during your training should serve as your guiding values as you get redeployed to your respective units.
7. Let this spirit of unification of forces be one of the building blocks in promoting national unity, reconciliation and cohesion which should be emulated across the country. The unified forces will enable the realization of a united, secure, peaceful and prosperous South Sudan.
Excellencies, Distinguished Ladies and Gentlemen,
8. As I have always said, the unification of forces is the backbone of the Revitalized Peace Agreement. Despite the challenges, this graduation is a testament and a clear indication of the determination by the Government of Republic of South Sudan to stay the course of peace.
9. However, despite this achievement, we have a long way to go to attain full unification of forces, including disarmament, demobilization and reintegration of ineligible candidates for the unification. We expect this momentum to be maintained and Phase II of unification to commence as quickly as possible.
10. I also take this opportunity to commend the Revitalized Transitional Government of National Unity for positively responding to the RJMEC’s request and prepared a Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalized Peace Agreement. RJMEC has now scheduled an extraordinary meeting for this Thursday for the members to deliberate on the Roadmap.
11. As I conclude, it is my sincere hope and expectation that this graduation will also provide a timely boost to the overall implementation of the Revitalised Peace Agreement going forward. Much remains to be done across all the chapters of the Revitalized Peace Agreement, especially in the Permanent Constitution-making process, legislative reforms and the necessary preparations for free, fair and credible elections at the end of the Transitional Period.
12. I appeal to you all to build on this momentum that the graduation provides.
I Thank You.
H.E. Salva Kiir Mayardit, President of the Republic of South Sudan
H.E Dr. Abdalla Hamdock, Prime of the Republic of Sudan
H.E. Dr. Riek Machar Teny, First Vice President of the Republic of South Sudan
H.E. Madam Rebecca Garang, Vice President of the Republic of South Sudan
H.E. Gen. Taban Deng Gai, Vice President of the Republic of South Sudan
H.E. Dr. James Wani Igga, Vice President of the Republic of South Sudan
H.E. Gen. Hussein Abdelbagi, Vice President of the Republic of South Sudan
H.E. Dr. Mariam Al-Sadiq Al-Mahdi, Chairperson IGAD Council of Ministers and Minister of Foreign Affairs, Republic of Sudan
H.E. Hon. Justice Ruben Madol, Minister of Justice and Constitutional Affairs
Honorable Ministers of the RTGoNU
H.E. Dr. Ismail Wais, IGAD Special Envoy for South Sudan
H.E. Amb. Professor Joram Biswaro, Head of African Union Mission in South Sudan
H.E. Nicholas Haysom, UN SRSG and Head of UNMISS
Excellencies Ambassadors, and Members of the Diplomatic Corps
Dr. Kathrin Scherr, Representative of the Max Planck Foundation
Honourable Delegates-Representatives of the ITGoNU, SPLM/A-IO, SSOA, FDs and OPP
Honorable Delegates-Representatives of Eminent Persons, Youth, Women, Academia, Faith-based Leaders, CSOs, and Business Community.
Distinguished Ladies and Gentlemen,
Good morning.
1. I am greatly honoured to welcome H.E. Salva Kiir Mayardit, the President of the Republic of South Sudan, and every one of you to the official launch of the Permanent Constitution-making Process Workshop. The launch of this historic workshop today marks a significant milestone in the design and making of a durable constitution for the Republic of South Sudan. It is also a big step towards the full implementation of the Revlitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan of 2018 (R-ARCSS), and indeed further evidence of the commitment of the Parties to the Revitalised Peace Agreement to bestow upon this country a durable and people-owned constitution at the end of the Transitional Period.
2. Under the Revitalised Peace Agreement, the new Permanent Constitution of the Republic of South Sudan is expected inter-alia to guide the conduct of elections at the end of the Transitional Period, guarantee good governance, constitutionalism, rule of law, human rights, and gender equality.
3. I want to thank H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, H.E. Dr. Riek Machar Teny, First Vice President, all the four Vice Presidents and the entire leadership and members of the Parties to the RTGoNU, for staying the course of peace, and providing leadership in the implementation of the Revitalised Peace Agreement, all the delays and challenges notwithstanding.
4. I also thank the IGAD leadership, the Chairperson of the IGAD Council of Ministers, the IGAD Special Envoy for South Sudan, the IGAD Heads of Mission in Juba, the African Union representative, the United Nations Family, the Troika, the European Union, the People’s Republic of China, the IGAD Partners Forum, and all partners and friends of South Sudan, for standing with the people of South Sudan. Your continued support to the full implementation of the Revitalised Peace Agreement is critical for building a stable, peaceful, inclusive and democratic South Sudan.
5. I congratulate the delegates who have been nominated by their Parties and Stakeholders to deliberate at this workshop and agree on the details of the permanent constitution-making process over the next two days. The whole country is looking to your technical expertise to design a viable path for the making of a constitution that will help restore permanent and sustainable peace, security and stability in the country.
Excellencies, Ladies and Gentlemen,
6. I would like to underscore the importance of this workshop. Under Article 6.9 of the R-ARCSS, the outcome of this workshop shall form the basis for drafting the legislation to be enacted to govern the Constitution-making process. I would like to thank the Parties and Stakeholders to the Peace Agreement for entrusting the RJMEC with the responsibility for convening this workshop, as per article 6.7.
7. Pursuant to article 6.8, the Agreement requires that the workshop be moderated and facilitated by an institute renowned internationally for constitution-making. I am pleased to announce that the RJMEC selected the Max Planck Foundation for International Peace and the Rule of Law to undertake the task.
8. In preparation for this workshop, RJMEC commissioned a comprehensive comparative study on constitution-making proceses within the region and beyond to inform this process. In addition, the Max Planck authored a series of thematic reflection papers to assist the delegates to focus on the issues at hand. Over the last few months, six sensitisation meetings and one joint consultation meeting of the nominees have been held. I am confident that the next two days will be a success.
9. I thank Dr. Kathryn Scherr and her team from the Max Planck Foundation, who are working very closely with our RJMEC team, led by Mr Stephen Oola, our Senior Advisor on Legal and Constitutional Affairs in preparation for this workshop. I also thank all our partners, UNMISS, UN Women, UNDP, and the South Sudanese members of the Civil Society Constitutional Working Group, who have contributed enormously to these efforts, including through capacity building workshops and public advocacy for different stakeholders, and thematic discussions with delegates.
Excellencies, Ladies and Gentlemen,
10. This workshop marks the beginning of the constitution-making process. A lot of work will follow, including the enactment of the legislation to govern the process, the reconstitution of the National Constitutonal Review Commission (NCRC), the appointment of a Sub-Committee for the convening of the National Constitutional Conference (NCC), civic education, and the implementation of all agreed workshop outcomes. This process will require a lot of political, technical, financial and logistical support. I would therefore like to appeal to the RTGoNU, regional guarantors, international partners and friends of South Sudan to fully support this process.
11. In conclusion, I would like to thank H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, H.E. Dr. Mariam Al-Sadiq Al-Mahdi, Chairperson IGAD Council of Ministers and Minister of Foreign Affairs, Republic of Sudan, your Excellencies, and all the distinguished participants here for attending this launch, and I wish the delegates very fruitful deliberations over the next two days. Together with the Max Planck Foundation, we look forward to presenting the outcome of the workshop to the RTGoNU upon its conclusion, which will then embark on a process of the constitution-makingI
Thank You.
REMARKS BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) RJMEC INTERIM CHAIRPERSON DELIVERED AT PEACE DISSEMINATION MEETING ON ROME AND NAIVASHA PEACE TALKS BETWEEN RTGONU AND SSOMA
THURSDAY 22 APRIL 2021, JUBA, SOUTH SUDAN
The Chief Guest: H.E. Dr. James Wani Igga, Vice President of the Republic of South Sudan,
- H.E. Dr. Ismail Wais, IGAD Special Envoy for South Sudan,
- Hon. Minister Beatrice Khamisa Wani, Minister of Foreign Affairs and International Cooperation, Republic of South Sudan,
- Hon. Dr. Barnaba Marial Benjamin, Minister for Presidential Affairs and Head of the RTGoNU Delegation to the Rome Talks,
- Dr. Paolo Impagliazzo, Secretary General, Community of Sant’ Egidio,
- Excellencies, Ambassadors and Chargé d’Affaires
- Cabinet Ministers
- Generals
- Distinguished Ladies and Gentlemen,
Good Morning!
1. Permit me to start by congratulating H.E. Ambassador Barnabas Benjamin Marial upon his recent appointment as Minister for Presidential Affairs for the Government of South Sudan. As RJMEC, we look forward to working closely with you, and we count on your very able leadership and a wide range of experiences, to support the Presidency of the RTGoNU, to fully implement the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
2. I thank H.E. Amb. Dr. Ismail Wais, the IGAD Special Envoy for South Sudan for convening this peace dissemination meeting on the Rome Initiative in Juba today.
3. I would like also, to acknowledge the presence of our regional and international partners here today, who have all stood by the people of South Sudan from the beginning. I thank them for always supporting RJMEC and its mandate. I therefore appeal for continued support for full implementation of the Revitalised Peace Agreement, and the pursuit of an inclusive and sustainable peace in South Sudan. I also call upon all of us here, to always stand together and support this peace process to its conclusion.
Excellencies, Ladies and Gentlemen,
4. RJMEC has participated in the various rounds of the Rome Talks as an observer, including the recent one held in Naivasha, Kenya. I must say that so far, the various rounds of talks have been very constructive.
5. There is no doubt in my mind that the two parties: the South Sudan Opposition Movement Alliance (SSOMA) and the Revitalised Transitional Government of National Unity (RTGoNU) are all committed to the talks, and appear determined to pursue a peaceful path to achieve an inclusive and lasting peace in South Sudan.
6. So far, there has been some commendable milestones that have been achieved by the Parties, namely:
a. the Rome Declaration signed in January 2020;
b. the Rome Resolution signed in February 2020;
c. the CTSAMVM Technical Workshop on Implementation of the Rome Resolution convened in Oct. 2020;
d. the Naivasha Recommitment to the CoHA and Rome Declaration and Resolution of March 2021; and
e. the Naivasha Declaration of Principles for Political Dialogue, signed March 2021.
7. I therefore, would like to take this opportunity to congratulate the Parties and the Mediation for the progress that has been made to date. I urge them to continue and maintain the same spirit of dialogue and compromises which has made progress possible and to expedite the Talks and join the peace implementation process.
Excellencies, Ladies and Gentlemen,
8. As we move forward, however, there are a number of concerns that the Parties to the Rome Talks and the Mediation will have to address to ensure that the gains made so far are consolidated. They include the following:
a. First, there is need to ensure immediate implementation of what has been previously agreed, for example the inclusion of SSOMA in CTSAMVM structures. This will help ensure adherence to the ceasefire and impartial verification of any alleged incidents of violations or non-compliance;
b. Second, there is need for the various SSOMA groups to resolve their internal disagreements, and to work together for the common good, in order to facilitate constructive engagements with the RTGoNU; and
c. Third, there is need to expedite the political deliberations and conclude a speedy resolution of the root causes of conflicts to ensure they are fully addressed in the course of the ongoing reforms and the Permanent Constitution-making process.
Excellencies, Ladies and Gentlemen,
9. In conclusion, I once again reiterate RJMEC’s full support to the ongoing Sant’Egidio facilitated Initiative for Political Dialogue in South Sudan. I am very encouraged with today’s dissemination efforts in Juba, and also the recent Naivasha round of talks, because it shows that the peace initiated by His Holiness, Pope Francis in Rome is gradually coming home to South Sudan.
10.I would like to appeal to all the concerned parties and the mediation to make the desire for an all-inclusive peace a reality.
I thank you!
REMARKS BY H.E. MAJ. GEN CHARLES TAI GITUAI INTERIM CHAIRPERSON RECONSTITUTED JOINT MONITORING AND EVALUATION COMMISSION PRESENTED AT THE RJMEC JOINT NTC AND SECURITY MECHANISMS SEMINAR, JUBA, SOUTH SUDAN
Honourable Minsters;
Ambassadors and Representatives of the Diplomatic Community;
Distinguished participants of the National Transitional Committee and the Security Mechanisms;
Ladies and Gentlemen,
Good morning.
1. It is my pleasure to welcome you all to this Seminar this morning. We at RJMEC decided to organise this Seminar in accordance with our mandate chapter 7 article 7.6 where it states that inter alia ... “in case of non-implementation of the mandate and tasks of the RTGoNU, or other deficiencies, the RJMEC shall recommend appropriate corrective action to the RTGoNU.” Therefore as peace monitors and evaluators we are obligated to oversee the implementation of the Agreement within the agreed timelines and implementation schedule.
2. Consequently, RJMEC decided to conduct this one-day seminar, following our assessment and evaluation, from the beginning of the Transitional Period and up to now, we have observed that there has been a significant decline in the pace of implementation of the Permanent Ceasefire and Transitional Security Arrangements (PCTSA) as envisaged in Chapter Two of the Agreement. This being a critical Chapter in the overall success of the implementation of the Peace process, raises concerns, as its failure would no doubt threat the security situation in the country and undermine the nation's hope for enduring peace in South Sudan.
3. Permanent Ceasefire and the Transitional Security Arrangements (PCTSA) are a fundamental building block of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). The success of the implementation of Chapter Two will create the foundation upon which security of all other chapters will operate; and it is an assurance of a stable nation, as Unified Forces signifies the National Unity and a symbol of nationhood, where security forces are loyal to the Constitution and to the country with one Commander in Chief who is also the Head of State.
4. However, RJMEC, as monitors and evaluators of the peace process, we have clearly seen that the training of the National Unified Forces has stalled. As we witnessed for ourselves on Saturday 23 January 2021 at both Maridi and Rajaf training centres when RJMEC conducted a joint field visit with the IGAD Special Envoy for South Sudan and the head of the African Union Mission in South Sudan, the IGAD Ambassadors and C5 African Ambassadors, and also including other areas that RJMEC have visited in different occasions like Mapel and others.
5. RJMEC’s assessment has come up with three areas that are of critical concern and will be the basis of our discussion today among others. These areas are:
a) Failure of cantonment;
b) Stalling of NUF Training, graduation and redeployment; and
c) Defections/Changes of Allegiance.
6. During the previous visits to the training areas, the soldier’s expectations of graduation and deployment was very high as well as their morale, as they foresaw a new dawn in their military careers. Now there are reports of morale reaching low levels in the poorly supplied Cantonment sites, and reports of trainees abandoning poorly supplied training centres in search of food. To date no graduation or redeployment plans have been published. Problems of diseases and lack of medicine and many other problems which no doubt, we will hear more about during the course of this Seminar.
7. Other reports indicate an increase in defections / changes of allegiance amongst some commanders and their troops which undermines the unification process. RJMEC has made its position very clear on defections or changes of allegiance in many other occasions and has previously stated that “the Revitalised Peace Agreement in South Sudan has made commendable progress in the past two years since its signing and this must not be allowed to weaken because of instability caused by defections or accepting defections, which is contrary to the letter and spirit of the Agreement.”
8. The aim of this Seminar therefore, is to determine the status of the PCTSA, the current and future challenges, to set priorities and to agree on solutions and proposals to keep the Permanent Ceasefire and Transitional Security Arrangements on track. I am hopeful that there will be full participation and open contributions from everyone present and we look forward to the briefings and reports from the NTC, the Security Mechanisms and the DDR Commission to enable us to take proper stock.
9. Next month marks one year of the formation of RTGoNU, other chapters have progressed, however slowly, but chapter two seems to be the slowest yet as military we should have led the way with others to follow as our mantra! This year, in July, marks ten years of independence, it is our hope that a strong push from all of us here and South Sudan’s political leaders will go a long way to ensuring that 11 July 2021, will see a celebration of progress in the implementation of the peace agreement.
I thank you.
The Permanent Ceasefire and the Transitional Security Arrangements (PCTSA) are a fundamental building block of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). Its full and timely implementation is intended to underpin a stable future for the people and country of South Sudan, and it is a key part of avoiding repetition of past mistakes, and achieving a united, peaceful and prosperous society throughout the country.
On Saturday 23 January 2021, almost one year into the Transitional Period, we, the IGAD Special Envoy for South Sudan, the representatives of Ethiopia, Kenya, Somalia, Sudan, Nigeria and the African Union Mission in South Sudan, undertook a field visit to Maridi, Western Equatoria, and Rajaf, Central Equatoria. The objective of the mission, which was organised by the Interim Chair of RJMEC, was to see for ourselves the status and conditions of the training centres, which is where troops for the Necessary Unified Forces (NUF) are trained. Establishing the NUF is the first phase of establishing an overall unified army of South Sudan.
Unfortunately, since the beginning of the Transitional Period in particular, there has been slow progress in the pace of implementation of the PCTSA, a fact which in turn threatens the security situation, and undermines the nation's hope for peace in South Sudan. Clearly, the training of the NUF has stalled, as we witnessed on 23 January 2021 at both Maridi and Rajaf training centres.
It is disheartening to note that a lack of food and other essential resources, such as medicines, shelter and separate facilities for women, has led to suffering of the trainees, and to some trainees abandoning the training centres. Unsurprisingly, morale in the training centres has significantly declined. We understand that a similar situation exists in cantonment sites.
Furthermore, no NUF graduation or redeployment plans have been published to date by the Ministry of Defence or the Security Mechanisms. Based on these facts we think that the process of the unification of forces is not going in the right direction as envisaged in the R-ARCSS.
We firmly believe that the full implementation of the PCTSA is the best way to help ensure stability across South Sudan. We look to the government, and in particular the Presidency, to drive the PCTSA forward, and to engender the political will necessary across all implementing Agreement institutions and mechanisms to make up for lost time and implement the PCTSA fully in letter and spirit.
Accordingly, we have two recommendations which we hope will help to improve the situation in the near-term. They are:
1. Improve conditions in Training Centres by providing adequate food and other essential supplies; and
2. Accelerate the graduation of the NUF and publish their redeployment plan.
We believe that the successful implementation of PCTSA is a guarantee to a permanent foundation of enduring peace in the South Sudan. Protracted delays and passing of time without progress is detrimental to the overall situation in South Sudan. It is high time for positive willpower and an attitude of collaboration, respect and problem-solving, which can overcome impasses. Nothing durable is built without effort and hard work, which as we know requires cooperation, consensus, coordination, concession, compromise and sacrifice to ensure success in the peace process. Increased confidence-building among the Parties will underpin these key elements.
We are all signatories to the R-ARCSS. We look forward to the Presidency of South Sudan to give the PCTSA the full attention it merits because the stability of the country is the clearest and nearest path to prosperity for all South Sudanese people. As in the past, our countries stand ready to assist our brothers and sisters of South Sudan to achieve lasting and enduring peace. Later this year, on 9 July 2021, South Sudan will reach the milestone of ten years of independence, and there can be no better way to celebrate this than significant progress in the implementation of the R-ARCSS, including with the PCTSA.
Sincerely, we the undersigned.
Ambassador Professor Joram Biswaro, Head of African Union Mission in South Sudan
Ambassador Ismail Waiss, IGAD Special Envoy for South Sudan
Ambassador Hussein Mahamud, Ambassador, Embassy of Somalia
Mr Gamal A.M. Goraish, Chargé D'Affaires, Embassy of Sudan
Mr Ali Mambo, Counselor, Embassy of Kenya
Mr Alemayehu Chasa, Defence Attaché, Embassy of Ethiopia
Mr Judah Ugochukwu, Political Officer, Embassy of Nigeria
Major General Charles Tai Gituai, Interim Chairperson of RJMEC
End of Year Statement to the RJMEC Members, By H.E. Maj. Gen. Charles Tai Gituai
Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission. 15 December 2020 Juba, South Sudan
Excellencies, Distinguished Ladies and Gentlemen,
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As a challenging year draws to a close, it is an opportunity to reflect not only on where we have been, but where we are going with respect to the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This year 2020, started with some moderate progress. On 15 February 2020, the issue of the number of states and their boundaries was resolved with a decision by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, to revert the country to ten states. This welcome compromise paved the way for the formation of the Revitalised Transitional Government of National Unity (RTGoNU) on 22 February and the establishment of the Council of Ministers on 17 March 2020.
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However, since that time, real progress in implementation of the Revitalised Peace Agreement has been dispiritingly slow. Notwithstanding the outbreak of the COVID-19 pandemic, the full implementation of the Peace Agreement remains the single most important aspiration of the people of South Sudan. I therefore urge all the Parties, stakeholders, all partners, friends and the people of South Sudan, not to lose sight of this goal. The implementation of the R- ARCSS is important to lay a firm foundation for the conduct of democratic elections at the end of the Transitional Period.
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Onseveraloccasions,Ihaveurgedforthepaceofimplementationtoincrease, but this has not happened, and much of the same issues are still outstanding even as 2020 draws to a close. I will therefore set out my expectations for the coming year 2021, which I hope all Parties and partners in the Peace Agreement will approach with renewed vigour and determination. The achievement of the outstanding tasks will set the foundation for trust building, and confidence, which will contribute to sustainable peace in South Sudan.
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On the issue of governance arrangements, it is important that the matter of the appointment of the governor of Upper Nile State is resolved in the earliest time possible, given that it is long overdue. However, I am encouraged to learn that last week, the Presidency met and discussed the matter in an effort to find a solution. The other key outstanding governance tasks include the reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States – two critical legislative institutions of government.
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Under Article 1.18.1.4 the National Constitutional Amendment Committee (NCAC) is mandated to receive a list of nominees of respective parties relating to the appointment of members to the reconstituted TNLA. All Parties that have not yet submitted their list of nominees to the NCAC should do so without any further delay. Establishing and staffing the entire structures of the RTGoNU and making them operational will enhance the normal functioning of government at all levels. I would also like to urge the Parties to observe the35% level of women’s representation throughout the establishmentand reconstitution of Government structures.
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On the issue of transitional security arrangements, critical tasks, which were carried forward from the Pre-Transitional Period remain incomplete. It is important to fast track and complete the training, graduation and redeployment of the Necessary Unified Forces (NUF) under Phase I and also to expedite Phase II. I expect that the recent senior military leadership training conducted in Nairobi, by the United Nations Institute for Training and Research (UNITAR) in collaboration with RJMEC, will help the Parties to address the issue of unified command.
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Equally important to the security arrangements is the implementation of a well-coordinated Disarmament, Demobilisation and Reintegration (DDR) process. In all cases, the RTGoNU must allocate the necessary funding and resources. It is also imperative that the Strategic Defence and Security Review (SDSR) Board complete a review of the security policy framework and develop a white paper on defence and security. These will underpin reforms in the security sector in the country. Furthermore, I hope and expect that the Rome Process will contribute to a reduction in the levels and incidents of violence, attributed in part to the activities of the hold-out groups, particularly in the Greater Equatoria Region. Defections, especially of military personnel amongst the peace partners is completely unacceptable and contrary to the letter and spirit of the Agreement and must not be encouraged.
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On the issue of Sexual and Gender-Based Violence (SGBV), I am encouraged by the recent steps taken to curb it, including SGBV training to the forces and the operationalisation of dedicated SGBV courts. These efforts must be further strengthened in 2021.
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10.On humanitarian assistance and reconstruction, I express appreciation for assistance given by all stakeholders and urge for continued support. It is important that all stakeholders adhere to the agreed principles for humanitarian assistance and reconstruction set out in Chapter III of the R- ARCSS. In this regard, I call for unrestricted access for humanitarian aid workers, removal of bureaucratic impediments, and continued efforts to address community-based and sub-national violence. In addition, there is urgent need to implement the National framework for return, reintegration and relocation of refugees and internally displaced persons. It is also important to immediately establish the Special Reconstruction Fund to pave way for the convening of the Donor Pledging Conference that will raise funds to support the implementation of the Agreement.
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11.On the Economy, a lot of work still remains to be done including the need to establish the Economic and Finance Management Authority (EFMA). I welcome the commitment expressed by the Minister of Finance to align the R- ARCSS to the National Development Strategy 2018-2021. I look forward to the completion of this process, which will also clarify the financing needs of the implementation of the Agreement. I also take note of the progress being made in areas of Public Financial Management reforms in cooperation with development partners and encourage further reforms in this direction. In view of the above, I welcome the progress made by the NCAC on reviewing and amending the Public Financial Management Act and the Audit Chamber Act and I look forward to these bills becoming laws to enhance transparency and accountability .
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12.With regard to the need for transitional justice, accountability, reconciliation and healing, there is need to immediately begin public consultations and make progress in establishment of the mechanisms as provided for under Chapter V of the Agreement. The participation of all stakeholders and civil society in this process will be critical and the RTGoNU should fully cooperate with the African Union Commission to expedite the establishment of the Hybrid Court for South Sudan.
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13.With regard to the making of a permanent constitution, as provided for under Chapter 6 of the R-ARCSS, I am encouraged to see that consultations towards the convening of the workshop for the parties to agree on the details for the constitutional-making process have begun. I call upon all parties to engage constructively and agree on a roadmap that will make the constitution-making process inclusive and participatory, within the timeline and parameters envisaged by the R-ARCSS.
Excellencies, Ladies and Gentlemen,
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14. Let us use this Christmas season as a period of reflection. May we all recommit ourselves to the pursuit of peace and return in the new year refreshed and ready to go the extra mile. I take this opportunity to thank all RJMEC members for the cooperation exhibited in what has been a very challenging time. I also extend our commendation to the leadership of the RTGoNU and the people of South Sudan for staying the course of peace. I wish you all good health and look forward to working closely together for more progress in the year ahead. Merry Christmas and a peaceful New Year 2021.
Thank you.
Honourable Minsters,
Excellencies, Ambassadors and Representatives of the Diplomatic Community,
Distinguished participants of the conference,
Ladies and Gentlemen
Good morning.
1. I send you greetings from the interim Chairperson of RJMEC, Major General Charles Tai Gituai, who regrets he cannot be here today. It is therefore my honour to present the following statement on his behalf.
2.At the outset, I would like to take this early moment to thank H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, for steering the peace process to this point so far. From the time of the High-Level Revitalisation Forum to the signing of the Revitalised Peace Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) in September 2018, to the establishment of the Revitalised Transitional Government of National Unity (RTGoNU) in February 2020, his leadership has been evident. The President’s decision to revert the country to ten states in February this year was a historic decision which allowed the formation of RTGoNU on a solid foundation. Furthermore, all the Parties to the R-ARCSS have played their part in this success, just like the people of South Sudan who have stood alongside their leaders in the demand for sustainable peace and the full implementation of the Agreement.
Excellencies, Ladies and Gentlemen,
3. This National Dialogue conference is a part of the concerted efforts towards finding solutions for the sustainable peace in this country. We must therefore all agree that the inclusion and recognition of the voices of the diverse peoples of South Sudan is of utmost importance to the peaceful future of this country.
4.The R-ARCSS has already achieved some tangible peace dividends which must be consolidated, delays and challenges notwithstanding. Therefore, all the Parties to the agreement should seize the opportunity to continuously dialogue amongst themselves and with the people of South Sudan on how to address recurring challenges, implement all its provisions and put this country firmly and irrevocably on the path of sustainable peace and development. This is why the ability to reach and to listen to the grassroots is such an important achievement, and I hope that this conference will reveal much about how to do that.
5. As we continue to implement the Agreement in this Transitional Period, we should appreciate just how the voices of the entire spectrum of South Sudanese society are so important and critical in the implementation. Chapter 5 on Transitional Justice, is essential to atone for crimes committed during the dark days of conflict - the “untold human suffering” that the agreement acknowledges. In this regard, expeditious establishment of the three Transitional Justice institutions will be a great leap forward and RTGoNU support on this matter is critical. Already the African Union has commenced towards the establishment of the Hybrid Court of South Sudan.
6. Furthermore, Chapter 6 of the Agreement on establishing the Permanent Constitution is vital, as it will lay a critical fundamental foundation for enduring peace in South Sudan. The Preamble of the Revitalised Peace Agreement duly recognises that the Parties to the Agreement are “determined to compensate our people by recommitting ourselves to peace and constitutionalism and not to repeat mistakes of the past.” Therefore, ensuring that the Permanent Constitution is a true reflection of all South Sudan’s peoples’ views of which is of paramount importance.
7. When the Constitution-making process is fully underway, reaching communities at grass-root level and understanding the perspectives of all peoples of South Sudan, irrespective of their backgrounds or political beliefs and affiliations, will be a critical ingredient in establishing the solid foundation that Chapter 6 intends to lay. The RJMEC Secretariat will shortly be convening a workshop to push this process along, as per Article 6.7 of the R-ARCSS. In addition, a comparative study on post-conflict constitution-making processes has been conducted to inform this process, and copies are available on the RJMEC website.
Excellencies, Ladies and Gentlemen,
8. In closing, I would like to say that the vision of the Revitalised Peace Agreement – to lay “the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law”– is truly laudable. I urge the National Dialogue to support the achievement of this goal through whatever ways they can, not least in the sharing of their knowledge and experience they have gained in their work. Their recommendations at the end of this conference will be of particular interest and it is RJMEC’S hope that those recommendations will bond well with the R-ARCSS. I wish all participants every success in this event.
Thank you