- Major General Hailu Gonfa Eddosa, Chairperson of CTSAMVM,
- Distinguished Members of the CTSAMVM Board,
- Ladies and Gentlemen,
Good morning!
1. At the outset, allow me to thank Major General Hailu Gonfa Eddosa, Chairperson of CTSAMVM, for his leadership of this very important mechanism since his he became Chairperson. General, as always, I would like to assure you of RJMEC’s full support and cooperation as you lead CTSAMVM at this critical time in the South Sudan peace process.
2. I welcome the resumption of the sittings of the CTSAMVM Board, especially after aborted Board meeting of 26 July 2023. CTSAMVM is a critical Agreement mechanism with the mandate of monitoring, verification, compliance and reporting on the status of the Permanent Ceasefire and Transitional Security Arrangements.
3. As you are all aware, CTSAMVM has made valuable contributions to the peace process, including in the continuous monitoring of the permanent ceasefire, underscoring of the protection of civilians, investigating and verifying alleged violations, including helping in the fight against sexual and gender-based violence (SGBV).
4. To that end, CTSAMVM has submitted many verified violations reports to RJMEC and IGAD since the signing of the R-ARCSS in 2018 and remedial actions were undertaken on the basis of such reports. I commend CTSAMVM for such dedicated contributions which enhanced confidence of the Parties, the region, and partners in the institution and, by extension, enhanced overall confidence in the peace process.
Distinguished Members,
5. Since July 2022, CTSAMVM has faced serious logistical and operational challenges when the US Government withdrew its funding to the mechanism. Despite the marked reduction in funding, CTSAMVM has continued to perform its functions and has adapted accordingly. However, like for many of us, the new funding situation has necessitated reforms and streamlining, which included a reduction in the number of its international monitors.
6. Besides, the initial funding stream from the RTGoNU for the national monitors that was very critical, dwindled. The delays in the payment of the allowances of the National Monitors affected their morale, resulting in their boycott of work for some time. The matter was addressed following funding support received from the Government of Japan. This resulted in the resumption of work by the National Monitors.
7. I would like to underscore the critical role that the National Members within CTSAMVM play in providing balanced party perspectives in their reports, and for this to be performed at maximum effectiveness, there is a need for cooperation, coordination and understanding to strengthen the requisite conducive working atmosphere.
8. That notwithstanding, CTSAMVM meetings were interrupted in April 2023 due to some concerns by the Senior National Representatives. As you are aware, four CTC Senior National Representatives wrote a letter, dated 22nd May 2023, addressed to H.E. Dr Ismail Wais, IGAD Special Envoy for South Sudan, and the Interim Chairperson of RJMEC and copied to you, on the subject of ‘Challenges Facing Functions and Operations of CTSAMVM”. This letter, in summary, highlighted five key issues, namely the CTSAMVM structure; leadership; finance and the Terms of Reference of the CTSAMVM Board and CTC.
9. The four CTC members also indicated that their issues must be resolved before they would resume work. To date, their boycott has affected the smooth functioning and operations of CTSAMVM.
10. Pursuant to articles 7.7 and 7.8 of the R-ARCSS, RJMEC is mandated to provide oversight to the work of all the Agreement Institutions and Mechanisms, including CTSAMVM. As an institution of IGAD (sub-article 2.1.10.5 of the R-ARCSS), CTSAMVM is mandated to regularly report to IGAD and RJMEC. Consequently, IGAD is central in the administrative and operational management of CTSAMVM.
Distinguished Members,
11. In response to the letter, I held separate meetings with the concerned parties, CTSAMVM leadership, and later with the IGAD Special Envoy for South Sudan and the IGAD Executive Secretary. Thus, in the course of my extensive consultations with the leaderships of CTSAMVM and IGAD on this matter, it was established that most of the issues raised were structural and administrative, occasioned primarily by the lack of clarity and/or misinterpretation of CTSAMVM’s administrative and operational structure under the Revitalised Peace Agreement.
12. To address this, IGAD reviewed, streamlined and endorsed the Terms of Reference of the CTSAMVM Board, and the Chairperson of CTSAMVM. Copies have been provided to you for your reference.
13. IGAD also provided guidelines to RJMEC, as an oversight body of the R-ARCSS, to draft the CTC Terms of Reference (ToR) which are supposed to be in harmony with the endorsed Terms of Reference of the Board and the Chairperson of CTSAMVM, and in accordance with the current financial and operational realities of CTSAMVM.
14. Consequently, on 26 July 2023, the CTSAMVM Board was convened so that the CTSAMVM Chairperson and I could brief the Board on the work that had been done to address the concerns presented by the four Senior National Representatives, as well as present to the Board the new ToR of the Chairperson, the Board, and the draft ToR for the CTC for approval by the Board. Unfortunately, the Board meeting was aborted due to the absence of some Board members.
15. Following this setback, I met with H.E. Riek Machar Teny the First Vice President, H.E. Hussein Abdulbagi, Vice President, Hon. Tut Gatluak, Presidential Security Adviser, and Hon. Minister Martin Lomuro, Minister of Cabinet Affairs, in an effort to resolve the CTC challenge. Recently, I convened another meeting with the four Senior National Representatives and the CTSAMVM leadership, and agreed to form a joint committee to review the CTC ToR. Last week the Committee presented to RJMEC its report and a revised CTC ToR. Following a constructive discussion, a consensus draft CTC ToR was reached.
Distinguished Members,
16. The purpose of today’s Extra-Ordinary Board Meeting is to brief the Board on its IGAD approved revised ToR and that of the Chairperson, as well as on the draft ToR of the CTC which the Board is required to approve. The approval of the CTC ToR will unlock the work of the CTC that has stalled since April this year. Importantly, the nine pending violation reports will immediately be processed, submitted to the RJMEC and IGAD, and finally published. This will enable the Parties to act and provide the necessary remedies to the violations, including accountability.
17. In conclusion, with the CTC challenge behind us, we need to turn a new page and renew our efforts, especially as we get closer to elections were CTSAMVM is most needed to be more robust in its work in the event of likely increase of violations. In this regard, it is critical that RJMEC, IGAD and the international partners work closely in support of this very important Agreement mechanism.
18. I wish you all fruitful deliberations in the review and subsequent consideration of the CTC Terms of Reference.
I Thank You.
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC TO THE, 33RD RJMEC MONTHLY MEETING
THURSDAY, 7 DECEMBER 2023
JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
10.32 – 16.57 – 10.50
Good morning.
1. I welcome you to the 33rd meeting of the RJMEC and the last plenary meeting for the year 2023. At the outset, I would like to take this opportunity to congratulate His Excellency the President, Salva Kiir Mayardit, the Revitalised Transitional Government of National Unity (RTGoNU) and the people of South Sudan, for their assumption to the Chairmanship of the East African Community. Such a prominent position places regional and international focus on the country as it prepares for its first democratic elections since independence in December 2024. Indeed, the trust and confidence of the region and international community will be enhanced by the RTGoNU faithfully implementing the Revitalised Agreement on the Resolution to the Conflict in the Republic of South Sudan (R-ARCSS) in letter and spirit.
2. Last week, I addressed the 7th Governors’ Forum, an influential platform gathering all of South Sudan’s Governors and Chief Administrators which was convened in Juba under the theme “Fostering national cohesion: South Sudan’s path to peaceful transition to democratic governance.” At the Forum, concerns were expressed that most resolutions of the previous Forums were not sufficiently implemented. Accordingly, adherence to the R-ARCSS and the timely and full implementation of the resolutions of this 7th Forum will be of great importance given the urgent need for the completion of the unification of forces, the making of the permanent constitution and the holding of free, fair and credible elections, among other issues identified as priorities in its draft resolutions.
Excellencies, Ladies and Gentlemen,
3. My statement this morning will highlight RJMEC’s assessment of the status of implementation of the Revitalised Peace Agreement, identify critical pending tasks to be completed to pave the way for the conduct of elections in accordance with provisions of the Agreement, and conclude with my recommendations to the RTGoNU and Parties to the Agreement to accelerate progress.
4. Regarding governance, at the start of last month, November 2023, the Political Parties Council (PPC), the National Elections Commission (NEC), and the National Constitutional Review Commission (NCRC) were reconstituted. Since then, the members of the PPC have been sworn in, while the other two are still pending. The centrality of these institutions in the year ahead cannot be overstated, not least in terms of registering, overseeing and regulating activities of political parties, driving forward the permanent constitution-making process, and preparing and conducting elections. Therefore, their timely operationalisation and adequate resourcing is needed to ensure their effective functioning, and will also pave the way towards the expansion and protection of civic and political space. It is important to note that once these bodies are operational, they are required to regularly report to the RJMEC plenary, as per article 7.8 of the Peace Agreement.
5. In terms of legislative reforms, the reconstituted Transitional National Legislative Assembly (TNLA) has passed the majority of legislation tabled before them. However, the National Security Service Bill, the National Audit Chamber Bill and the Public Finance Management and Accountability Bill are still pending enactment. I urge the TNLA to conclude their deliberations on these bills in a timely manner.
6. Also pending is the restructuring and reconstitution of the Commissions and Institutions at the national level to ensure their independence and accountability, as provided for under Article 1.19 of the Peace Agreement. These include, among others, the Land Commission, the Fiscal and Financial Allocation Monitoring Commission, and the Anti-Corruption Commission. According to the Roadmap, this was to have been completed in 2022. I would like to remind the Parties to the Agreement of the mandated 35% minimum level of women’s participation in these bodies.
7. Further, the work of the ad hoc Judicial Reform Committee (JRC), a critical mechanism established to study and recommend appropriate reforms of the judiciary, has largely stalled due to lack of funding. The completion of the JRC’s work is critical to reforming the judiciary, including the establishment of an independent Constitutional Court, review of the Judiciary Act, and the reconstitution of the Judicial Service Commission which will drive forward the judicial reforms. It will also inform the forthcoming constitution-making process. I reiterate my appeal to the RTGoNU and partners to consider supporting the JRC to complete this pending task.
8. Next, security. In the past few weeks, regrettably, there have been several armed clashes in different parts of the country, including Leer, and Guit, Unity State, and in Warrap State and the Abyei Administrative Area. Tensions have been growing in Unity State, following the defection of Gen Simon Maguek from the SPLA-IO supposedly to the SSPDF. Last week, on 28 November, the defectors reportedly attacked SPLA-IO forces based in the area of Kaygaii, causing the loss of life, civilian displacement, and adding to the climate of fear among the local population. Meanwhile, clashes between the SSPDF and NAS continue to be reported in Central Equatoria.
9. Military defections are clearly contrary to the Revitalised Agreement, and undermine the implementation of both the Transitional Security Arrangements and the Agreement itself. In the past, the defections of General Ochan in Upper Nile State, General Lokujo in Central Equatoria State, and General Nando in Western Equatoria State, have resulted in the killing of innocent people, civilian displacement, and loss of livelihoods. In the context of the ongoing unification of forces, military defections are evidently counterproductive. I would like to remind the Parties to discourage defections and promote the protection of civilians, as per Articles 2.1.8, and 2.1.10. I would like to hear the status of the security situation from the JDB as well as CTSAMVM.
10. Concerning the Transitional Security Arrangements, in November 2023, the first phase of redeployment of the military component of the 55,000 graduated Necessary Unified Forces (NUF) commenced. This is an encouraging development which will contribute to the overall peace and security of the country, and I would like to hear from the JDB the overall plan for redeplyoment of the NUF and preparations for Phase 2.
11. An important part of security sector transformation is the strategic security assessment, including the formulation of defence and security policies, conducted by the Strategic Defence and Security Review (SDSR) Board. The defence and security policy documents prepared by the SDSR Board urgently await validation in order to complete this critical undertaking. The completion of the SDSR’s work will greatly contribute to the transformation of the security sector in South Sudan, as per Article 2.5.3, in promoting and defending the sovereignty and dignity of its people. Unfortunately, this important process has been delayed as a result of the non-payment of the national members of the Board. I urge the RTGoNU to consider providing the necessary funding in order to facilitate the finalisation of this process.
12. Regarding CTSAMVM, I would like to inform you that its longstanding Technical Committee (CTC) challenges are nearing resolution. The draft CTC Terms of Reference have been reviewed at the joint technical level, and now await endorsement by the CTSAMVM Board early next week. Furthermore, the CTC members are expected to resume their work shortly after the Board meeting.
Excellencies, Ladies and Gentlemen,
13. Concerning humanitarian assistance, against the backdrop of projected decreased funding by the international community, the refugee and returnee influx from Sudan has increased the number of vulnerable people in South Sudan that require assistance, which include populations affected by food insecurity, intercommunal violence and persistent flooding, children at critical risk of malnutrition, and women and girls at risk of gender-based violence. It is therefore imperative for the RGToNU to establish the Special Reconstruction Fund and Board to pave the way for the Pledging Conference, as required by the Agreement. The Fund’s focus on reconstruction and service delivery will help underpin South Sudan’s overall development.
14. Regarding resource, economic and financial management, progress made in the passage of legislation allowing for reforms to increase transparency and accountability in the economic sector, needs to be accelerated. In particular, the passing of the Anti-Corruption Commission Act in October by the reconstituted TNLA is important, and it now needs to be finalised and operationalised. In this regard, the enactment of both the National Audit Chamber Bill and the Public Finance Management and Accountability Bill will complement the overall process of achieving the transparency and accountability required by the Revitalised Peace Agreement.
15. Furthermore, it is important to table the National Land Policy before the reconstituted TNLA. Discussions at last week’s Governors’ Forum made clear the significance of managing land-related issues. Once implemented, the Land Policy will serve to promote long-term economic development, manage competing interests over land and land-based resources, and resolve land-related disputes. Similarly, the review and subsequent adoption of the Land Act 2009 is also important as it includes, among others, the establishment of an independent land registry at all levels of government for the issuance of title deeds.
Excellencies, Ladies and Gentlemen,
16. On Transitional Justice, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) have now been tabled to the reconstituted TNLA. As South Sudan approaches elections, it is necessary to pay attention to matters of truth, reconciliation and healing. The CTRH and the CRA are vital mechanisms in spearheading the promotion of forgiveness, healing, reconciliation, and sustainable peace in South Sudan. It is therefore crucial that the reconstituted TNLA expedites the enactment of these Bills, and the subsequent establishment of the mechanisms.
17. The importance of a people-led and people-owned constitution to consolidate the peaceful and democratic aspirations of South Sudan cannot be overemphasised. In this regard, the delay in the operationalisation of the National Constitutional Review Commission, and the Preparatory Sub-Committee for the National Constitutional Conference is concerning. These two institutions will drive forward the making of the permanent constitution, which will guide the conduct of elections at the end of the Transitional Period.
Excellencies, Ladies and Gentlemen,
18. This month next year, elections are scheduled to be held, and yet across all chapters of the Agreement, much more progress in implementation is required. One of the key issues holding up progress is funding to all the Agreement institutions and mechanisms. There is need for the RTGoNU to demonstrate its commitment to the elections by i) providing the funding required to hold elections; ii) providing funding for the newly reconstituted elections-related institutions; and iii) completing the unification of forces. Considering the period remaining before elections in December 2024, it is imperative that the Parties to the Agreement cooperate in a collegial manner and present a unified plan for elections, and avoid unilateral pronouncements that are contrary to the letter and spirit of the Agreement.
19. As the oversight body mandated by this Agreement, it is important to draw the attention of all Parties, Stakeholders and the people of South Sudan to the key pending tasks for the conduct of elections as per the Agreement and the National Elections Act. These tasks include, among others;
a. Operationalisation and facilitation of the PPC, NEC, and NCRC;
b. Making of a permanent constitution in accordance with the Constitution Making Process Act 2022 to guide the conduct of elections;
c. Amendment of the National Elections Act to conform to the terms of the Permanent Constitution (Article 1.20.6);
d. Addressing the challenges of reconstruction, repatriation, resettlement, rehabilitation, and reintegration of IDPs and returnees (Article 1.20.7);
e. NEC to conduct elections-related activities listed at Article 1.20.8, such as establishment of subsidiary electoral management bodies at state level, the establishment of procedures for the voter registry and registration, and support to civic education and voter outreach;
f. Publication of the voters register six months prior to the holding of elections (Article 1.20.10); and
g. Delimitation of constituencies, in accordance with the provisions of the National Elections Act, 2023.
20. In order to complete the tasks necessary to prepare the country for elections and accelerate progress in implementation, my recommendations to the RTGoNU are as follows:
a) Provide the necessary funding to operationalise the elections-related reconstituted institutions;
b) Enact the Bills currently before the reconstituted TNLA;
c) Take concrete steps to address the insecurity in Unity State, and other areas where defections are causing loss of life and civilian displacement;
d) communicate the plan for deployment of Phase 1 of the NUF, and proceed with Phase 2 cantonment and training of forces;
e) establish the Special Reconstruction Fund and Board; and
f) begin the urgent review of the Land Act.
21. Finally, I wish you all of you a happy and restful Christmas and New Year, and I thank you for your commitment to the peace process in South Sudan this year. Your continued support, focus and unity of purpose will be crucial in 2024, a particularly consequential year for South Sudan.
22. I wish you fruitful deliberations.
I Thank You.
- Your Excellency Gen. Salva Kiir Mayardit, President of the Republic of South Sudan;
- Your Excellency Dr Riek Machar Teny-Dhurgon, 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, Gen. Taban Deng Gai, Vice President of the Republic of South Sudan and Chair of Infrastructure Cluster;
- Your Excellency, Hussein Abdelbagi, 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, Speaker of the Reconstituted TNLA;
- Honourable Ministers;
- Your Excellencies Governors, Chief Administrators of the Administrative Areas, and Deputy Governors;
- Your Excellencies Ambassadors,
- Distinguished Ladies and Gentlemen,
Good morning!
1. It is my great honour to address the 7th Governors’ Forum this morning, in my capacity as the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). At the outset, I would also like to take this opportunity to congratulate His Excellency the President, Salva Kiir Mayardit, the Revitalised Transitional Government of National Unity (RTGoNU) and the people of South Sudan, for taking the additional responsibility of chairing the seven-member State organisation of the East African Community. This responsibility further places South Sudan into regional and international focus at this critical period of her political life, as the country gears up for elections. Consequently, the approach, speed, commitment, and adherence by the RTGoNU on the implementation of the Revitalised Agreement on the Resolution to the Conflict in the Republic of South Sudan (R-ARCSS), will be very crucial and imperative, in enhancing regional and international trust and confidence of the country and its leadership of the East African Community. I would therefore like to once again emphasise the responsibility of the RTGoNU executives at national and state levels to ensure full and timely implementation of the Revitalised Agreement.
2. I would like to commend the Ministry of Presidential Affairs and the Office of the President, with support from the UNDP and UNMISS, for continuing to organise this influential event. The key issues that have been set for consideration by this Forum include public finance management, the role of Governors and Chief Administrators in readying South Sudan for elections, and addressing national humanitarian challenges.
3. This Forum is taking place at a critical time, given that elections are scheduled to take place as per the Roadmap in 13 months from now. Therefore, it is entirely appropriate that the theme of this year’s Governors’ Forum is ‘Fostering National Cohesion: South Sudan’s Path to Peaceful Transition for Democratic Governance.’ It is clear that the prospect of elections is accompanied by optimism and uncertainty among the people of South Sudan, therefore the emphasis on national cohesion is welcome.
4. The recent steps forward, in the implementation of key Peace Agreement tasks help to allay some of the uncertainty, but this needs to be accompanied by more progress. Accordingly, I believe it is important to recall last year’s theme, which was: ‘Accelerating the implementation of the Revitalized Peace Agreement in accordance with the Roadmap 2022.’ Clearly, even today, acceleration of implementation of the Revitalised Peace Agreement is still needed. This is evidenced by the fact that there is slow progress in the implementation of the Agreement since the last Governors’ Forum.
5. My statement this morning, as per the mandate of RJMEC, will provide a chapter-by-chapter update on the status of implementation of the Revitalised Peace Agreement. I will also highlight key pending tasks, recurring challenges, and conclude with some reflections.
Excellencies,
6. Regarding the status of implementation of the Revitalised Agreement, concerning governance, since the last Governors’ Forum, the reconstituted Transitional National Legislative Assembly (TNLA) has passed several amendment bills, including: the National Revenue Authority, the Anti-Corruption Commission, the Banking, and the Bank of South Sudan, which now await Presidential assent. Furthermore, the National Elections Act and the Constitution-making Process Act were enacted, both critical pieces of legislation for the conduct of elections, as per the Peace Agreement. However, the National Security Services Bill, the National Audit Chamber Bill and the Public Finance Management and Accountability Bill are awaiting enactment by the reconstituted TNLA.
7. At the start of this month, November 2023, the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC) were reconstituted. These institutions are mandated, among others, to register, oversee and regulate activities of political parties; drive forward the permanent constitution-making process; and prepare and conduct elections respectively. The timely operationalisation and adequate resourcing of these key institutions is needed to ensure their effective functioning, and will also pave the way towards the expansion and protection of civic and political space.
8. The restructuring and reconstitution of the Institutions and Commissions at the national level, such as the Land Commission, the Independent Fiscal and Financial Allocation Monitoring Commission, and the Anti-Corruption Commission, among others, which were to have been completed in 2022, according to the Roadmap, are still pending.
9. Furthermore, the Agreement provides for judicial reforms in the Republic of South Sudan during the Transitional Period. Pursuant to this requirement, the ad hoc Judicial Reform Committee (JRC) was established to study and recommend appropriate reforms of the judiciary. Since its establishment in June 2022, the Committee made some strides towards its mandate. It held consultations in the Greater Upper Nile, Greater Bahr el Ghazal and Greater Equatoria regions, as well as in the Greater Pibor Administrative Area. Recently, its work stalled due to funding constraints for its leadership. Completion of this Committee’s work will inform the next steps in the reforms of the judiciary and is directly linked to, among others, review of the Judiciary Act, reconstitution of the Judicial Service Commission, and the establishment of an independent Constitutional Court.
10. In terms of security, the Permanent Ceasefire largely holds despite sporadic skirmishes. On 15 November 2023, the first phase of redeployment of the military component of the 55,000 graduated Necessary Unified Forces (NUF) commenced. The Revitalized Transitional Government of National Unity (RTGoNU) is encouraged to continue and complete this process. Training and subsequent redeployment of Phase 2 of the unified forces is yet to commence, though its completion would significantly contribute to the peace and security of the country before, during and after elections.
11. Furthermore, the Strategic Defence and Security Review Board completed the drafting of the security policy documents, which await validation. The completion of this comprehensive security assessment, including the formulation of defence and security policies, is a critical requirement which will lead to security sector transformation, thus promoting and defending the sovereignty and dignity of South Sudan and its people. Similarly, there are concerns that the Disarmament, Demobilisation and Reintegration (DDR) has not been seriously addressed or resourced. This is an important process for peace and security, as it ensures that those who are ineligible for the unification are managed and enabled to return to civilian life through DDR programmes.
12. The Ceasefire and Transitional Security Arrangement Monitoring and Verification Mechanism (CTSAMVM), continues to work, albeit with operational challenges arising from funding and administrative issues. These challenges notwithstanding, CTSAMVM has produced nine violation reports since May 2023. The reports have not been published because the CTSAMVM Technical Committee (CTC) and the Board have not met since then. The issue of the Technical Committee is being handled by the Principals of the Parties
13. On the other hand, intercommunal violence and activities of some holdout groups continue to be a source of insecurity in several parts of the country. Security matters at the subnational level require collective responsibility and collaboration at all levels of government, especially at this time as the country prepares for elections.
Excellencies,
14. The humanitarian situation remains dire, and continues to worsen due to widespread flooding, high levels of food insecurity, and the influx of those fleeing the conflict in Sudan. Meanwhile, international humanitarian support is reducing. Consequently, to meet some of these challenges, the Agreement provides for the establishment of the Special Reconstruction Fund and Board. Upon its establishment, the RTGoNU is expected to provide the Fund with USD 100 million per annum. This Fund would help address humanitarian needs in South Sudan, with priorities given to conflict affected states and areas, including the protection of IDPs, returnees and families affected by the conflict.
15. Regarding resource, economic and financial management, overall, public financial reforms have been slow. Nevertheless, the Public Finance Management (PFM) Oversight Committee continues to ensure the implementation of a medium-term economic and financial management reform programme. For example, the reforms have resulted in improved transparency in reporting on oil and non-oil revenue, and meanwhile, the setting up of a Single Treasury Account is underway.
16. Considering that this Governors’ Forum has expressed a focus on public finance management, it is worth highlighting some key areas that are in need of greater attention and progress, These 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 RTGoNU’s Financial Statements from 2011, and the banking laws to be assented to by the President;
c) review of the independent Fiscal and Financial Allocation Monitoring Commission and the terms of increment and formulae for the sharing of natural resource wealth amongst states and communities, and devolution of powers and resources;
d) closing any Petroleum revenue accounts other than those approved by law;
e) finalisation of the relevant legislation and operationalisation of the National Audit Chamber and the Anti-Corruption Commission.
Excellencies,
17. On Transitional Justice, following public consultations, study tours to The Gambia and South Africa and an international conference held in Juba, the bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) were drafted, endorsed by the Council of Ministers, and now await tabling before the reconstituted TNLA. In view of this Forum’s theme on social cohesion, the timely establishment of these two bodies should be given the utmost priority. As for the Hybrid Court for South Sudan (HCSS), no progress has been made thus far towards its establishment.
18. The Permanent Constitution is a critical requirement for the conduct of elections in accordance with the Agreement. The people-led and people-owned constititution is also expected to initiate a federal and democratic system of government. In this regard, the recent appointment of members to the reconstituted National Constitutional Review Commission is a welcome development. However, much work lies ahead of the Commission in making the new constitution, including the recruitment of the Constitution Drafting Committee (CDC), the conduct of civic education, and public consultations. In addition, the establishment of the Preparatory Sub-Committee (PSC) for the convening of the National Constitutional Conference, which will deliberate and adopt the new constitution, is still pending.
Excellencies,
19. In spite of the progress mentioned, challenges continue to slow down the implementation of the Peace Agreement. They include, among others, inadequate funding to the Agreement Institutions and Mechanisms; trust deficit among the Parties; capacity gaps; inter-communal violence; insecurity caused by military defections and activities of holdout groups; severe flooding; influx of returnees and refugees fleeing Sudan; and reduced international funding.
20. In light of the aforestated, I would like to conclude with the following reflections on the theme of this Forum.
a) community security and social cohesion are two vital elements of preparations for elections and South Sudan’s peaceful transition. Therefore, initiatives aimed at addressing the root causes of intercommunal violence are important.
b) State Governments have a critical role to play in providing a conducive environment for the expansion and protection of civic and political space, the making of the permanent constitution, and the conduct of elections.
c) more broadly, national security would be strengthened by completing the unification of forces, and their deployment across the country to provide election-related security. In that regard, availing funding and political support to DDR programmes is essential, especially for those ineligible for the NUF.
d) it is clear that some states have been disproportionately affected by the growing humanitarian crisis, and in this regard, RJMEC continues to call for the establishment of the Special Reconstruction Fund and Board, and the convening of the Pledging Conference. This would raise funds to help South Sudan respond to the humanitarian challenges faced.
e) concerning natural resource management, it is important to ensure the final endorsement of the 2023 Land Policy, review the Land Act, and establish an independent land registry at all levels of government for the issuance of title deeds.
f) the establishment and operationalisation of the Commission of Truth, Reconciliation and Healing and the Compensation and Reparation Authority will build public confidence, promote reconciliation and set in motion the process of healing and strengthening social cohesion.
g) a people-led and people-owned constitution is critical in pursuing the path to peaceful transition to democratic governance, and in this regard, the importance of expediting the constitution-making process cannot be overemphasised.
h) the centrality of social cohesion with gender perspective is key to reducing inequalities. Therefore, it is critical to ensure the participation of women in all political processes ahead; and in accordance to the Agreement-mandated minimum threshold level of 35%. Equally important is as well as giving deliberate due consideration to the Youth and People Living with Disabilities.
Excellencies,
21. In conclusion, it is expected that this high-level Governors’ Forum will deliberate and agree on concrete practical steps to address the challenges slowing down the implementation of the Revitalised Agreement as aforementioned. It is important to underscore the need for continuous dialogue, close collaboration and collegiality at all levels of government in order to strengthen the processes and institutions of governance nationwide.
22. In this way, the levels of social cohesion and public confidence needed to hold free, fair and credible elections can continue to be built. Thus, delivering on the promises of the Revitalised Peace Agreement to the people of South Sudan and ‘to lay the foundation for a united, peaceful and prosperous society, based on justice, equality, respect for human rights and rule of law.’
I Thank You.
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC ON STATUS OF IMPLEMENTATION OF THE R-ARCSS DELIVERED TO THE AFRICAN UNION PEACE AND SECURITY COUNCIL
NOVEMBER 16, 2023
ADDIS ABABA, ETHIOPIA
- Chairperson of the AU Peace and Security Council,
- Commissioner for the AU Political Affairs, Peace and Security,
- Distinguished Permanent Representatives,
- Your Excellencies,
- Ladies and Gentlemen,
Your Excellency,
1. I am honoured to once again address this august Council as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), consistent with my institution’s mandate to submit reports and provide regular briefings on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This report builds on the one delivered by RJMEC to the 1123rd Session of the AU PSC on 30 November 2022.
2. In September 2023, South Sudan marked five years since the signing of the Revitalised Peace Agreement. South Sudan has thus enjoyed the longest period of relative peace and stability since her independence. However, as previously reported, the slow pace of implementation of the Revitalised Peace Agreement necessitated a 24-month extension. This was to enable the completion of unification of forces, the making of the permanent constitution and to prepare for the conduct of credible, free and fair elections in December 2024.
3. A more detailed report has been submitted to this Council. I will therefore only highlight a summary of the recent developments, current challenges impeding progress, and conclude with my recommendations to this Council.
Your Excellency,
4. In November 2023, the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC) were reconstituted. These institutions will require significant resources and capacity to deliver on their mandates. In that regard, their effectiveness will pave the way towards registering, overseeing and regulating activities of political parties, widening of civic and political space, the making of the permanent constitution and for the conduct of elections as scheduled.
5. The Permanent Ceasefire continues to hold despite sporadic skirmishes. On 15th November 2023, the first phase of deployment of the 55,000 graduated Necessary Unified Forces (NUF) commenced. This is a welcome development and the Revitalized Transitional Government of National Unity (RTGoNU) is encouraged to complete the deployment. However, training of Phase 2 of the unified forces and DDR process are yet to commence.
6. The completion of this process would immensely contribute to peace and security in the country before, during and after elections. Furthermore, the drafting of the Strategic Defence and Security Review documents has been completed and is awaiting validation.
7. On Transitional Justice, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) are to be submitted to Parliament. However, the establishment of the Hybrid Court for South Sudan has not progressed.
Your Excellency,
8. There are several challenges facing the implementation of the Agreement. They include, among others, lack of adequate funding to the Agreement Institutions and Mechanisms; insufficient political will, trust deficit among the Parties, capacity gaps, persistent levels of intercommunal violence, insecurity caused by holdout groups, severe flooding, IDP challenges and influx of returnees and refugees, including those fleeing the conflict in Sudan. In order for South Sudan to be able to complete implementation of the pending tasks and to hold elections as scheduled, there is an urgent need to address these challenges.
9. In light of the aforementioned, I would like to request this Council to appeal to the AU, and the AU C5, as guarantors of the Revitalised Peace Agreement, to enhance their political engagements with the Parties and the RTGoNU, and encourage them to complete implementation of the critical pending tasks, especially the unification of forces and the making of the permanent constitution.
10. Similarly, I encourage this Council to conduct more solidarity visits to South Sudan with a view to continue engaging the Parties and assessing elections-preparedness especially at this time when the country is preparing for its first democratic elections since its independence.
11. As I conclude, I would like to underscore that the next 13 months will be an important period for the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan. In that regard, I would like to emphasise that there is an urgent need for this council, IGAD and the international partners to deliberately focus their attention and proactively play their roles to ensure South Sudan successfully transits to a democratic dispensation.
12. Therefore, in a world of competing priorities, I appeal to the Council to remain seized on the South Sudan peace process and continue to stand firm in solidarity with the people of South Sudan.
I Thank You.
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC TO THE 33RD RJMEC MONTHLY MEETING
Although this RJMEC meeting did not reach quorum and cannot be classed as the 33rd RJMEC Plenary, it nonetheless progressed with the statements and detailed briefings by different Agreement institutions and mechanisms on the status of the implementation of the Agreement and subsequent discussions. The 33rd RJMEC Plenary is accordingly rescheduled to 7 December 2023.
THURSDAY, 9 NOVEMBER 2023
JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning.
1. I welcome you to the 33rd meeting of the RJMEC. During the last meeting, we stressed the point that the lack of progress and clarity on elections preparedness, constitution-making, and unification of forces, each of which is a critical pre-condition for smooth and successful elections, was creating uncertainty.
2. Today we meet at a more hopeful moment in this regard with the recent appointment of members to reconstitute the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC). The reconstitution of these institutions is a welcome development and I commend the Parties to the Agreement for this milestone.
3. My statement this morning will highlight the importance of these recent developments, identify critical pending tasks and recommend urgent actions to accelerate progress in implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
Excellencies, Ladies and Gentlemen,
4. On the reconstitution of the aforementioned institutions, much is expected of them. I would therefore like to highlight some aspects of their critical roles regarding South Sudan’s democratic transition. In particular, the PPC is mandated to register, monitor, and regulate the activities of the political parties, the NCRC will drive forward the permanent constitution making process, and the NEC will undertake preparations for the conduct of elections. In this regard, their effective functioning will pave the way towards the widening of civic and political space, the completion of the permanent constitution, as well as the timely conduct of elections.
5. Our preliminary analysis of the appointees to these institutions reveals that overall, the reconstituted Political Parties Council attained 50% women representation. However, women’s representation in the reconstituted National Constitutional Review Commission is 33%, and in the reconstituted National Elections Commission, it is 22%. RJMEC reiterates its appeal to the Parties to always adhere to the 35% minimum representation of women in various institutions and bodies of the R-ARCSS.
6. Notwithstanding the percentage shortfall, these institutions urgently require effective facilitation and support to enable them to discharge their mandates. In that regard, I appeal to the Revitalised Transitional Government of National Unity (RTGoNU) to provide the necessary resources to these institutions, and the regional and international partners to consider supporting their work. It is important to note that once these bodies are operational, they are required to regularly report to the RJMEC plenary, as per article 7.8 of the Peace Agreement.
7. Regarding legislative reforms, there has been some progress in the review and amendment of laws such as the Investment Promotion Act. The National Constitutional Amendment Committee (NCAC) will provide this meeting with details on the progress it has made since our last plenary.
8. Regarding the status of previously completed amendment laws, it is our understanding that four draft Amendment Bills (namely, the NGO, the Public Financial Management and Accountability, the Petroleum, and the Petroleum Revenue Management bills) are still with the Council of Ministers. The National Security Services Act (Amendment) Bill, and the National Audit Chamber Act (Amendment) Bill are before the reconstituted Transitional National Legislative Assembly (TNLA). The delayed enactment of the National Security Services Act (Amendment) Bill is concerning, having been the subject of broad consultation and agreement by the Principals of the Parties in March 2023. I therefore urge that the reconstituted TNLA expedite its enactment.
9. As was reported in the last plenary, the work of the Judicial Reform Committee (JRC) has largely stalled. We appeal to the RTGoNU and partners to support the JRC leadership to resume work and complete its important mandate including recommending appropriate judicial reforms, review of the Judiciary Act, reconstitution of the Judicial Service Commission, and establishment of a Constitutional Court.
10. Next, security. The Permanent Ceasefire continues to hold, but recently, CTSAMVM has reported tensions in Upper Nile State, reportedly due to the movement of General Johnson Olony’s Agwelek forces towards SPLA-IO areas in Tonga, Upper Nile State. There are also tensions in Leer County, Unity State, following the defection of an SPLA-IO General Simon Maguek to the SSPDF. In Central Equatoria, clashes between the SSPDF and NAS continued to be reported. I would like to hear the status of the security situation from CTSAMVM as well as the JDB.
11. On the Transitional Security Arrangements, there is little progress to mention, although recent reports have suggested movement of the graduated Necessary Unified Forces (NUF) from Training Centres in Panyier, Torit, and Maridi to Luri in preparation for deployment. As a result of the delay in the deployment of Phase I NUF, Phase II training has not yet commenced. It is understood that among the graduated NUF in the training centres, salaries are being paid only to the ITGoNU component of the unified forces. I would like to emphasise the importance of addressing the welfare of all unified forces who are now graduated and awaiting deployment in order to boost their morale and maintain unity of purpose.
12. It is important to stress that without the completion of unification of forces and bringing these forces under one commander-in-chief, achieving a secure environment for the holding of elections will be a huge challenge. Furthermore, there is no justification for the further delay of this process, or the defection of forces from one party to the other, which continues to be reported. I appeal to the RTGoNU to fully fund the unification of forces and to support the efforts of the Security Mechanisms who are working to bring the process to its conclusion.
13. On the Strategic Defence and Security Review (SDSR) process, I am aware that all the draft documents are ready for validation by the Board, and I would like to encourage the SDSR Board to expedite and finalise the SDSR process.
14. On CTSAMVM, the Mechanism continues to discharge its mandate despite insufficient funding and challenges with its Technical Committee (CTC). The matter of the CTC has been forwarded to the Principals of the Parties to resolve. As we move towards elections, it is self-evident that the work of CTSAMVM is even more crucial, as its impartial reporting, contributed to by representatives of all the Parties, will build more trust and confidence in the ceasefire and transitional security arrangements. I reiterate my appeal to the Principals to urgently resolve this matter.
Excellencies, Ladies and Gentlemen,
15. Progress regarding humanitarian assistance and reconstruction is important in the run up to elections, not least in terms of guaranteeing the rights of returnees and refugees and to return in safety and dignity. Further, with the increasing numbers of returnees and refugees from Sudan, the provision of humanitarian assistance at the points of return, and the securing of humanitarian access and establishing safe humanitarian corridors, is critical. In this regard, a key task not completed is the establishment of the Special Reconstruction Fund and Board, which should have been done 14 months ago according to the Roadmap.
16. In terms of resource, economic and financial management, while some progress has been made with regards to the passage of legislation for reforms to increase transparency and accountability in the economic sector, much more is needed. In particular, it is important to finalise and operationalise the Anti-Corruption Commission Act 2009 (Amendment) Bill 2023, passed last month by the reconstituted TNLA. Furthermore, I urge the passage of the National Audit Chamber Act (Amendment) Bill, as it complements the process of achieving the transparency and accountability aspired to in the R-ARCSS.
17. Furthermore, the recent approval by the Council of Ministers of the National Land Policy is a step forward, which will subsequently be tabled before the reconstituted TNLA. Once implemented, the Land Policy will serve as the foundation for the establishment of sector policies to promote long-term economic development, manage competing interests over land and land-based resources, and resolve land-related disputes. Similarly, the review of the Land Act 2008 will also play a positive role towards the management of land tenure, land use and management, and also help address malpractices such as land grabbing.
Excellencies, Ladies and Gentlemen,
18. On Transitional Justice, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) were approved by the Council of Ministers on 6 October 2023 and are awaiting submission to the reconstituted TNLA. I look forward to receiving an update from the RTGoNU on the status of these bills.
19. In terms of the permanent constitution making process, considering the short time left and the fact that the provisions of the Permanent Constitution will determine the types of elections to be held, it is important for the members to work swiftly and dilgently. In this regard, I appeal for the timely establishment of the Preparatory Sub-Committee for the National Constitutional Conference and the recruitment of the Constitutional Drafting Committee to enable concurrent activities, including civic education and public consultations.
Excellencies, Ladies and Gentlemen,
20. When considering the overall implementation of the Agreement, the unification of forces faces the biggest challenges, and yet, it is the most consequential for the stability and enduring peace of South Sudan. For almost four years, troops have languished in the cantonment sites and training centres with very little support, and while the upper command echelon of the NUF is unified, the mid and lower levels are not. Further, failure to complete the unification of forces can adversely impact preparations towards elections.
21. I would like to highlight that there is a recurring problem of lack of funding of the Agreement institutions and mechanisms, which is causing them severe operational difficulties. Regarding the security mechanisms, members of the JDB, JMCC, JTSC, SDSR Board and the DDR Commission are all reporting working under difficult circumstances owing to the lack of funding for activities and allowances. If this lack of support continues, then the transitional security arrangements, especially the much-delayed unification of forces, will further slow down, making elections-related security much harder to achieve.
22. Furthermore, the non-payment of accumulated allowances of the national members of the NCAC is likely to jeopardise the completion of their work. The work of the JRC has largely stalled due to lack of facilitation of its leadership. In light of the criticality of tasks ahead and limited time left before elections, it is imperative to fund these Mechanisms to complete their work as scheduled. I therefore appeal to the RTGoNU and all partners and Friends of South Sudan to provide the necessary funding and resources.
Excellencies, Ladies and Gentlemen,
23. In light of the aforementioned, I would like to make the following recommendations to the RTGoNU:
a) adequately resource the reconstituted Political Parties Council, the reconstituted National Constitutional Review Commission, and the reconstituted National Elections Commission to effectively discharge their mandates;
b) finalise the passage of the National Security Services Act 2014 (Amendment) Bill 2023 and the National Audit Chamber Act 2011 (Amendment) Bill 2022 currently with the reconstituted TNLA;
c) complete the unification and redeployment of forces;
d) establish the Special Reconstruction Fund and Board;
e) expedite the review of the Land Act 2008, in support of South Sudan’s development agenda; and
f) submit the CTRH and CRA Bills to the reconstituted TNLA.
24. In conclusion, I would like to emphasise that the reconstitution of the three institutions is a positive step, and focus should now shift to operationalisation and adequate resourcing to ensure the delivery of their mandates. Further, it is imperative to complete the unification of forces as an integral part of the preparations for elections, thereby effecting a smooth democratic transition as envisaged in the Revitalised Peace Agreement.
25. I wish you fruitful deliberations.
I Thank You.
OPENING REMARKS BY AMBASSADOR BERHANU KEBEDE, RJMEC CHIEF OF STAFF, DELIVERED AT THE THIRD STAKEHOLDERS’ HIGH-LEVEL MEETING ON ENVIRONMENTAL RELATED ISSUED IN THE OIL PRODUCING AREAS AND THE STATUS OF IMPLEMENTATION OF THE 5% SHARE OF NET OIL REVENUES FOR OIL PRODUCING STATES AND COMMUNITIES 24-26 OCTOBER 2023
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC TO THE 32ND RJMEC MONTHLY MEETING
THURSDAY, 5 OCTOBER 2023
JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning.
1. I welcome you to the 32nd meeting of the RJMEC. On 12 September 2023, South Sudan marked exactly five years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed. The relative peace brought about by the R-ARCSS is a commendable achievement for which the people of South Sudan and the Parties to the Agreement are to be congratulated. The resulting stability has provided a more attractive enabling environment for investment, and increased infrastructural development, among others.
2. Despite numerous challenges along the way, the Parties to the R-ARCSS have stayed the course of peace. However, a lot of work still remains to be done to complete the critical pending tasks necessary to effect South Sudan’s democratic transition. With 14 months left before elections, it is imperative for the Revitalised Transitional Government of National Unity (RTGoNU) to provide to the people of South Sudan clarity on election preparedness.
3. My statement this morning will provide updates on the most recent progress made in the implementation of the Revitalised Peace Agreement since our last meeting, RJMEC efforts to rally support for the South Sudan peace process, and I will conclude with recommendations.
Excellencies, Ladies, and Gentlemen,
4. First, governance. Overall, there has been some progress related to legislative reforms. The NCAC resumed its work at the beginning of September following its second six-month extension to enable the review and amendment of six pending laws.
Since the resumption of its work, the Committee has completed drafting amendments to the NGO Act 2016 and the Relief and Rehabilitation Act 2016 and has begun work on the Investment Promotion Act 2009. The NCAC will provide further details in its report.
5. On 18 September 2023, the reconstituted Transitional National Legislative Assembly (TNLA) passed the National Elections Act 2012 (Amendment) Bill 2023, which was then assented to by H.E. the President. The enactment of this law is an important step in realising the democratic aspirations of the people of South Sudan. RJMEC urges the Parties to expedite the reconstitution of the National Elections Commission (NEC), and the RTGoNU to resource it adequately, to enable it undertake its tasks accordingly.
6. On 25 September 2023, the reconstituted TNLA also passed the Bank of South Sudan Act 2011, (Amendment) Bill 2023 and the Banking Act, 2011 (Amendment) Bill 2023. On 4 October 2023 the reconstituted TNLA also passed the Anti-Corruption Commission Act 2009, (Amendment) Bill 2023. The recently passed bills are now awaiting Presidential assent into law.
7. In terms of the judicial reforms process, the ad hoc Judicial Reform Committee (JRC) has unfortunately not been able to continue its planned public consultations in the States and Administrative Areas due to funding challenges. The JRC will provide us with more update in this regard. I appeal to the RTGoNU and all partners to consider supporting the JRC to continue its work and conclude its important mandate.
8. Regarding security, on the unification of forces, despite food and other supplies having been procured and distributed to the Training Centres, as well as the deployment of regional assessment teams by the JTSC, there is no new progress to report regarding the redeployment of Phase I Necessary Unified Forces (NUF), nor the commencement of Phase II NUF training.
9. Furthermore, the Disarmament, Demobilisation and Reintegration (DDR) process has not progressed due to the lack of funding, and the Strategic Defence and Security Review (SDSR) Board has not yet finalised the policy documents needed to guide the transformation of the security sector. I would like to hear an update from the RTGoNU and the SDSR Board on these pending tasks.
10. Concerning ceasefire violations, there are skirmishes allegedly between the SSPDF and armed youth in Pochalla, Pibor Administrative Area, and further reports of National Salvation Front (NAS) attacks in Central Equatoria. I therefore request an update on the security situation from the Joint Defence Board (JDB).
11. Despite CTSAMVM’s operational and administrative challenges, as reported at the last Plenary, its Monitoring and Verification Teams and Senior Liaison Officers have been operating effectively and have produced seven violation reports since April 2023. However, these reports have not been published because the CTSAMVM Technical Committee (CTC) and the Board have not met since then. These outstanding reports include one on the Wunkur incident, concerning armed clashes between SSPDF and SPLM/A-IO along the common border between Panyikang County, Upper Nile State and Ruweng Administrative Area (RAA).
12. In regard to resolving CTSAMVM’s operational and administrative challenges, IGAD has issued revised Terms of Reference for the CTSAMVM Chair and Board, and draft Terms of Reference for the CTC. RJMEC forwarded them to the Principals of the Parties, and the Chair of NTC, in the month of July, to effect the changes accordingly. I therefore appeal to the Principals to expedite the changes in the Terms of Reference and solve the matter of the CTC, as this would allow CTSAMVM to fully discharge its mandate of monitoring and verifying compliance of the Parties to the Permanent Ceasefire.
Excellencies, Ladies, and Gentlemen,
13. Regarding humanitarian affairs, and securing humanitarian access and establishing safe humanitarian corridors, it is concerning to hear of the loss of life of two drivers working for UNICEF in Yei, Central Equatoria State, on 23 September 2023. This brings the total to 24 humanitarian workers who have lost their lives in the line of duty this year, according to UNOCHA. It is incumbent upon the RTGoNU to provide a safe and secure environment in which humanitarian assistance can be delivered.
14. In terms of guaranteeing the rights of refugees and returnees to return in safety and dignity, the increasing scale of humanitarian need, which has been deepened by the sudden influx of those fleeing the Sudan conflict, has resulted in an increasingly dire humanitarian situation in the border states. I therefore appeal to the RTGoNU and partners to provide further humanitarian assistance.
15. In terms of reforming the NGO Act 2016 to ensure that it complies with international best practice in regulating the activities of NGOs in South Sudan, it is welcome that the NGO Act Amendment Bill has been submitted to the Minister of Justice and Constitutional Affairs.
16. Regarding economic, resource and financial management reforms, the RTGoNU recently presented data on oil revenue and expenditure for FY 2022/23 to the Public Financial Management Oversight Committee, which is a welcome development. Additionally, operationalisation of the Public Financial Management and Accountability Act, 2011 will make further improvements to overall transparency and accountability in the financial sector.
17. Further, I would like to commend the RTGoNU for organising the National Economic Conference in September that provided direction for the country towards achieving a diversified, inclusive stable and sustainable economy.
It is therefore important that the outcome document of this conference informs the nation’s economic development strategy going forward.
Excellencies, Ladies, and Gentlemen,
18. Regarding transitional justice, the bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) have been drafted and submitted to the Council of Ministers for approval. I look forward to hearing an update on the next stages of processing of these bills from the RTGoNU.
19. In terms of the Permanent Constitution Making Process, the Parties and Stakeholders have all submitted the lists of their representatives to the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee of the National Constitutional Conference. This move is expected to pave the way for the reconstitution of the NCRC, which continues to be way behind schedule. I appeal to the President to expeditiously appoint the nominated NCRC members and reconstitute the Commission to commence its critical mandate.
Excellencies, Ladies, and Gentlemen,
20. Pursuant to RJMEC’s mandate, since our last meeting, I briefed the Transitional National Legislative Assembly (TNLA) on the status of implementation of the Agreement and encouraged them to fast-track the pending bills before the House. Further, I have had several engagements within the region, and internationally. I briefed H.E. Omar Ismail Guelleh, President of the Republic of Djibouti, and Chairperson of the Assembly of IGAD Heads of State and Government, on the status of implementation of the Revitalised Agreement, and stressed the need for IGAD to remain engaged on the South Sudan peace process, especially as the Parties prepare for elections. I also briefed Hon. Mahamoud Ali Youssouf, Foreign Minister of Djibouti and Chairperson of the IGAD Council of Ministers.
21. In addition, I briefed the visiting Deputy President of South Africa, H.E. Paul Mashatile, and I appealed to the Republic of South Africa, as the Chair of the AU C5, to rally its members to enhance their support to the peace process. At the international level, I briefed the Political and Security Council of the European Union in Brussels on the status of implementation of the Revitalised Agreement and appealed for their continued engagement in the South Sudan peace process. Similarly, I also briefed Mr. Andreas Kravik, Deputy Foreign Minister of the Kingdom of Norway in Oslo and provided an update on the status of implementation. I would like to thank EU Ambassador Timo Olkkonen and Norwegian Ambassador Linken Berryman for their commitment and effort in ensuring the success of these visits.
22. Throughout all my engagements, it was evident that there is much goodwill to support South Sudan in the pursuit of sustainable peace and development. Therefore, expectations are that the Parties will adhere to the Agreement, increase the pace of implementation and demonstrate tangible progress in the completion of the critical pending tasks.
23. With this in mind, I would like to make the following recommendations to the RTGoNU and the Parties to the Agreement:
a) expedite the reconstitution of the Political Parties Council, the National Elections Commission, and the National Constitutional Review Commission, all key institutions in the holding of free and fair elections;
b) ensure that women’s representation in the political process attains the minimum 35% threshold, including in the Constitution-making bodies and the other institutions and commissions being reconstituted;
c) complete the unification and redeployment of forces and provide adequate resources to the Security Mechanisms;
d) present the CTRH and CRA Bills before the TNLA for consideration and enactment without delay;
e) the Parties to the Agreement to dialogue among themselves and agree on the practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections; and
f) as elections approach, conduct civic education, fast-track the permanent constitution-making process and promote political and civic space to allow citizens to exercise their democratic rights.
24. In conclusion, the lack of sufficient progress and clarity on elections-preparedness, constitution-making, or unification of forces, each of which is a critical pre-condition for smooth and successful elections, is creating uncertainty. Given the achievement of having reached five years of relative peace, it is incumbent on the country’s leadership to consolidate the peace dividends to all its diverse communities through a democratic transition.
25. I wish you fruitful deliberations.
I Thank You!
- Rt Honourable Speaker,
- Rt Honourable Deputy Speakers,
- Honourable Members,
- Distinguished Ladies and Gentlemen.
Good morning
1. I am honoured, as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), to brief the Reconstituted Transitional National Legislative Assembly on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This briefing is pursuant to Article 7.9 of the Revitalised Peace Agreement which mandates RJMEC to report quarterly to and brief this august House. It therefore covers the second quarter of this year, from April 1 to June 30, 2023.
2. During this period, I had the opportunity to brief H.E. Salva Kiir Mayardit, Presidentof the Republic of South Sudan, H.E. Dr Riek Machar, First Vice President, H.E. Dr William S. Ruto, President of the Republic of Kenya, and the United Nations Security Council on the status of implementation of the R-ARCSS.
3. In addition, I attended the 14th Ordinary Summit of the IGAD Heads of State and Government in Djibouti, and held substantive discussions with H.E. Dr Workneh Gebeyehu, Executive Secretary of IGAD and H.E. Dr Ismail Wais, IGAD Special Envoy for South Sudan. The focus of the RJMEC’s engagements highlighted above was to provide a detailed assessment on the status of implementation of the Revitalized Peace Agreement, raise concerns over the slow pace of implementation and highlight risks associated with the parties’ inability to complete implementation of the critical benchmarks required for the conduct of peaceful and credible elections in 2024. I also appealed for more support to the South Sudan peace process.
4. In light of the aforementioned, my briefing to this august House is a summary of the RJMEC Quarterly Report which was earlier forwarded to you. I will provide a chapter-by-chapter update on the status of implementation for the reporting period, highlight critical pending tasks in the Roadmap, particularly those critical for the conduct of elections, reflect on the recurring challenges and conclude with recommendations.
Rt Hon. Speaker, Honourable Members.
5. In terms of governance, some progress has been made by the ad hoc Judicial Reform Committee (JRC) pursuant to its mandate of studying and making recommendations to the RTGoNU for consideration on appropriate judicial reforms in the Republic of South Sudan. To that end, the JRC held regional public consultations in three States in the country in June 2023 so as to incorporate stakeholders’ perspectives to enrich its report.
6. The mandate of the National Constitutional Amendment Committee (NCAC) tasked by the R-ARCSS to draft, amend and review legislation which lapsed in May 2023 was extended by the RTGoNU for an additional six months to enable the Committee to complete its tasks. The following are the pending legislation to be reviewed and amended by the NCAC: the Non-Governmental Organisation Act, the Investment Promotion Act, the Mining Act, the Transport Act, the Pension Fund Act, and the Telecommunication Act.
7. On national elections, the Roadmap of the R-ARCSS provides that elections are to be held in December 2024. For this to happen, legal, security and institutional frameworks for holding credible elections should be in place by now. These benchmarks include, among others, enactment of the National Elections Bill, and reconstitution and full operationalization of the National Elections Commission (NEC) and the Political Parties Council (PPC). The National Elections Amendment Bill is before this august House for consideration to pave the way for reconstitution of the National Elections Commission.
8. Progress towards operationalisation of the Political Parties Council has been slow despite the enactment of the Political Parties (Amendment) Act in June 2022. The Political Parties Council is a crucial institution for the registration of political parties and will, among others, help to protect political and civic space for citizens' participation in all spheres of governance.
9. Regarding the Permanent Ceasefire and Transitional Security Arrangements, RJMEC observes that the Permanent Ceasefire has continued to hold. However, CTSAMVM reported two violations to RJMEC and IGAD regarding detention of an SPLA-IO officer and National Salvation Front (NAS) attack on SSPDF in Central Equatoria State. Clashes between civilians were also reported in the Malakal Protection of Civilians site.
10. Following the Phase I graduation of 55,000 troops between August 2022 and January 2023, there has been no further progress on the unification of the Necessary Unified Forces (NUF). The graduated forces are still in the Training Centres, yet to be redeployed and in dire need of logistical support. Additionally, there is no progress in Phase II of the unification of forces and the DDR process remains unfunded.
11. Despite the aforementioned setbacks, there has been some progress in the enforcement of accountability among the SSPDF who commit crimes against civilians. For example, the SSPDF conducted a General Court Martial (GCM) in Yei River County, Central Equatoria State, which heard 29 cases. These accountability efforts culminated in convictions for murder, rape, sexual harassment, and loss of weapons and ammunitions.
12. The National Police Service (NPS) and the Ministry of Justice and Constitutional Affairs (MoJCA) in collaboration with the University of Juba are implementing police reform initiatives. Furthermore, the National Police Service Directorate of Community Policing, launched the Voluntary Civilian Disarmament Strategy, which aims at voluntary disarmament of communities and enhancement of their protection.
13. On humanitarian assistance, the onset of rains and the influx of refugees and returnees from Sudan have exacerbated the already severe humanitarian needs in the country. This is compounded by the cumulative effects of prolonged intercommunal conflicts, long-term flooding and high levels of food insecurity. The disruption of trade routes between Sudan and South Sudan has also negatively affected the supply of food and other essential goods into South Sudan, resulting in scarcity and increase in prices. The overall humanitarian situation is worsened by shortage of basic services and limited funding to cover over nine million people already in need of humanitarian assistance and protection in South Sudan.
14. The long overdue establishment of the Special Reconstruction Fund (SRF) Board remains a concern especially in view of increasing needs and dwindling funding for humanitarian support, recovery as well as the implementation of chapter III of the Agreement. The purpose of the Special Reconstruction Fund is to avail funding to support, among others, reconstruction as well as relocation, resettlement and reintegration of the IDPs and returnees.
Rt Hon. Speaker, Honourable Members,
15. On the management of economic and financial resources, progress has been slow in implementing the provisions aimed at improving the systems geared to the efficient management of public funds. These systems must be put in place in a timely manner to ensure that the resources, financial or natural, are beneficial to the people of South Sudan.
16. South Sudan is experiencing challenges in land administration in defining the roles of the existing institutions at national, state and local government levels. Currently the country relies on the pre-independence 2009 Land Act, while each state has its own land policies, laws and regulations. The RTNLA is required to adopt the reviewed Land Policy which will go a long way in addressing challenges in the land sector, including land grabbing, boundary disputes, conflicts over access to pasture. Consequently, RTNLA should prioritise land related legislation to support these reform efforts.
Rt Hon. Speaker, Honourable Members,
17. There has been slow progress in implementing Public Financial Management reforms. It is critical that this august House expedites the enactment of the bills to support these reforms. As a result, a considerable number of provisions in this area have missed their benchmark dates as indicated in the Roadmap. There is need for transparency and accountability in order to attract international support for the execution of South Sudan’s sustainable peace and development agenda.
18. Regarding transitional justice, the RTGoNU convened a conference under the theme Building a Sustainable Transitional Justice System for South Sudan in May 2023 in Juba. The Bills for the Commission for Truth, Reconciliation and Healing and the Compensation and Reparation Authority have been drafted and submitted to the Council of Ministers for approval before presentation to this august House for enactment.
19. In terms of the permanent constitution-making process, a critical requirement for the conduct of elections and post-transition governance arrangements, very little progress has been made in the operationalization of the Constitution Making Process Act 2022. This august House passed this Bill and was assented to by His Excellency the President, in December 2022. The institutions required to drive the process forward, such as the National Constitutional Review Commission (NCRC) is still not reconstituted and the Constitutional Drafting Committee (CDC) and the Preparatory Sub-Committee for the National Constitutional Conference (NCC) are not yet established.
Rt Hon. Speaker, Honourable Members,
20. In conclusion, during the period under review, very little was accomplished with regard to improving the overall pace of implementation of the Revitalised Peace Agreement. Overall, tasks related to the permanent constitution-making and electoral processes have stalled, and critical benchmarks outlined in the Roadmap are yet to be implemented.
21. In light of the aforementioned, the report makes the following recommendations:
21.1. To the Parties to the Agreement and Relevant Stakeholders, submit lists of their nominees to the various Constitution-making mechanisms;
21.2. To the Reconstituted Transitional Government of National Unity:
a. expeditiously reconstitute the NCRC and establish the Preparatory Sub-Committee and other relevant mechanisms for the constitution-making process to proceed;
b. urgently expedite the establishment and operationalization of the relevant constitution-making institutions and mechanisms;
c. complete the review of the CTRH and CRA Bills and forward them to the RTNLA for enactment;
d. provide basic services to citizens to promote the relocation, resettlement and reintegration of IDPs and returnees; and
e. expeditiously establish the Special Reconstruction Fund Board to pave way for the convening of the South Sudan Pledging Conference.
21.3. To this august House, expedite the deliberation and enactment of all the outstanding bills before you, including the National Elections, the National Security Service (NSS) and the Public Finance Management (PFM) Bills.
22. In conclusion, I would like to note that this month of September marks exactly one year since the endorsement of the Roadmap. More importantly, in a week’s time, on 12 September, South Sudan will be marking exactly five years from the day the Revitalised Peace Agreement was signed. It is therefore important to reflect on the road which we have traveled thus far in the implementation of the R-ARCSS. Despite this journey, several critical benchmarks remain unacomplished, including the unification of forces, the making of the permanent constitution, enactment and operationalization of legal frameworks and electoral processes in preparation for elections scheduled for December 2024.
23. In this regard, it is critical to underscore the need for sufficient political will, commitment of resources by the RTGoNU and for the Parties to the Agreement to build trust and confidence.
24. On RJMEC’s part as the oversight institution of the R-ARCSS, it shall continue to monitor, evaluate and report on the status of implementation of the R-ARCSS pursuant to its mandate, as envisaged under Chapter 7.
I Thank You!
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON – RJMEC, TO THE 31ST RJMEC MONTHLY MEETING THURSDAY, 10 AUGUST 2023 JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning.
1. Welcome to the 31st RJMEC plenary meeting. As you may recall, in December 2021, faced with delays in the implementation of the critical pending tasks of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), RJMEC requested the Parties and the Revitalised Transitional Government of National Unity (RTGoNU) to develop and present their plan and strategy on how they will implement the critical pending tasks of the Agreement, in the remaining period of the Transition, which was supposed to have ended in March 2023.
2. In response, on 4th August 2022, the Parties to the Agreement endorsed the Agreement on a Roadmap to a Peaceful and Democractic End of the Transitional Period of the R-ARCSS. The Roadmap, which sought to extend the timeline of the Transitional Period by twenty-four months from February 2023, outlined a number of priority tasks with timelines that the Parties to the Agreement considered critical for completion, before the conduct of peaceful and democratic elections in December 2024.
3. Therefore, as we mark the first anniversary of the endorsement of the Roadmap by the Parties, we should take stock on what has been achieved, what is pending, and what needs to be done in the remaining time of the extended Transitional Period.
4. In my remarks this morning, I will first take stock of the critical pending tasks which in accordance with the Roadmap should have been completed by now, then highlight some recent steps forward since our last meeting, offer my recommendations, and then invite the RTGoNU, the Parties to the Agreement, and all of us here, to discuss this, and offer remedial guidance on the way forward.
Excellencies, Ladies and Gentlemen,
5. Firstly, under the governance chapter. As per the Roadmap, by August 2023, the following pending tasks should have been completed by now, namely:
a. the work of the ad hoc Judicial Reform Committee with a report presented to RTGoNU; review of the Judiciary Act and reconstitution of the Judicial Service Commission;
b. the reconstitution of the Political Parties Council as well as other Institutions and Commissions at the national level, including the National Elections Commission, the bill for which is still before the reconstituted Transitional National Legislative Assembly (TNLA); and
c. the drafting of amendments to relevant laws by the National Constitutional Amendment Committee (NCAC), and in this regard, six laws are yet to be reviewed, some are still with the Minister of Justice and Constitutional Affairs, others are before reconstituted TNLA, and the enacted ones are yet to be operationalised.
6. Regarding preparations for elections, in addition to the amendment of the national election law and reconstitution of the National Elections Commission, all the other tasks, including the reconstitution of the Political Parties Council, and establishment of election management structures at the sub-national levels, are still pending.
7. Regarding Chapter 2 on the Transitional Security Arrangements:
a. phase one of the Necessary Unified Forces has graduated but not yet been redeployed;
b. unification of the mid-level echelons of the command structure is not complete;
c. phase 2 is yet to commence;
d. the Strategic Defence and Security Review Board has yet to complete its work; and
e. Demobilisation, Disarmament, and Reintegration (DDR) is yet to start.
8. Under Chapter 3 on humanitarian affairs:
a. Review and amendment of the NGO Act to conform to international standards in regulating the operating environment of NGOs is still pending; and
b. Establishment of the Special Reconstruction Fund and Board to help humanitarian and reconstruction efforts, and subsequent convening of the pledging conference, are still pending.
9. Under Chapter 4 on economic, financial and resource management, the following key tasks are pending, among others:
a. key pieces of legislation that determine the conduct of managing public funds, such as the Anti-Corruption Commission, the Audit Chamber, or the National Revenue Authority;
b. development and implementation of the policies, strategies and programmes needed to achieve inclusive growth and sustainable development through the management of natural resources;
c. the finalisation, legislating and implementing of both the Youth and Women’s Enterprise Funds bills to enhance livelihoods; and
d. the development of an implementation strategy to ensure that the management of land and land-based resources is sustainable.
10. Regarding Chapter 5 on Transitional Justice and Accountability, none of the three mechanisms envisaged by the Agreement is in place.
11. In terms of the Chapter 6 on the permanent constitution-making process, despite the enactment of the Constitution Making Process Act 2022 eight months ago, the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee (PSC), two critical institutions mandated to drive forward the constitution-making process, are yet to be reconstituted or established.
Excellencies, Ladies and Gentlemen,
12. I will now highlight some recent steps forward since our last plenary meeting in July:
a. In terms of constitution-making and elections preparations, RJMEC welcomes the expansion of the RTGoNU–UN Joint Taskforce to include the African Union and IGAD.
b. Regarding CTSAMVM’s operational and administrative challenges, efforts have been made by IGAD and RJMEC to remedy the situation, and the matter now rests with the Principals.
c. In terms of police reform initiatives, RJMEC takes note of the introduction of the Voluntary Civilian Disarmament Strategy by the Ministry of Interior. In this regard, the Disarmament of the Civil Population Bill 2023, recently approved by the Council of Ministers, once passed by the reconstituted TNLA and operationalised, will contribute significantly to the reduction of illegal arms in civilian hands.
d. In terms of economic reforms, the recent approval of the revised Land Policy by the Economic Cluster is welcome, and its quick implementation will contribute to the reduction of conflict triggered by land-related disputes. Similarly, it is our expectation that the forthcoming economics conference will generate renewed impetus to the implementation of Chapter 4;
e. Under transitional justice, the Ministry of Justice and Constitutional Affairs is in the final stages of completing the drafting of the CTRH and CRA Bills before submission to the RTGoNU Council of Ministers. I look forward to hearing an update on this from the RTGoNU.
Excellencies, Ladies and Gentlemen,
13. It is evident that many milestones are still to be achieved, and yet it is barely 16 months away from elections. The questions which must be asked to the Parties and the RTGoNU include the following: is the implementation of the critical pending tasks as per the Roadmap on track, and at the appropriate pace? And will the pre-requisites for free and fair elections be implemented within timelines? And how?
14. Given the time remaining, my recommendations to the RTGoNU regarding key elections-related tasks are as follows:
a) expedite the reconstitution of the Political Parties Council and the National Constitutional Review Commission;
b) expedite the enactment by the Transitional National Legislature of the National Elections Act, paving the way for the reconstitution of a credible and impartial National Elections Commission;
c) expedite the completion of the unification of forces, and provide adequate resources to the Security Mechanisms;
d) provide timely and sufficient resources for the implementation of all the critical pending tasks of the Revitalised Agreement;
e) encourage the expansion of political and civic space for all South Sudanese to take part in the conversations surrounding their participation in the political process; and
f) ensure that women’s representation in the political process attains minimum 35%, including in the Constitution-making bodies.
15. In conclusion, it is my expectation that RJMEC members will reflect on the aforementioned assessment, and constructively engage the RTGoNU, including by identifying areas of requisite support to expedite implementation of the critical pending tasks highlighted. Finally, I appeal to the Principals of the Parties signatory to the Revitalised Agreement to consider meeting to take stock of implemention since the Roadmap was endorsed a year ago, and dialogue on how to implement the critical pending tasks in the remaining time.
I Thank You.
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC, TO THE 30TH RJMEC MONTHLY MEETING, THURSDAY, 06 JULY 2023, JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning!
1. I welcome you to our 30th meeting of the RJMEC. It is our fourth meeting in the 24-month extended Transitional Period. We are now only seventeen months to elections scheduled for December 2024. To date, critical milestones as set out in the Revitalized Peace Agreement have not been accomplished in accordance to the timelines in the Roadmap.
2. In my recent engagements, both within the region and at the international level, it is clear that there is a growing concern regarding the slow pace of implementation of the Agreement in view of the timelines set in the Roadmap. There is therefore need for concerted efforts to fast-track its implementation.
3. My statement this morning will highlight the recent RJMEC engagements with the Parties, other South Sudanese stakeholders, regional leaders, and the international community. I will then provide updates on the progress made since our last meeting and conclude with my observations and recommendations.
Excellencies, Ladies, and Gentlemen,
4. Since our last meeting, I had the opportunity to meet with H.E. Salva Kiir Mayardit, President of the Republic of South Sudan where I briefed him on RJMEC’s assessment of the status of the implementation of the Agreement, as well as concerns over the slow pace of implementation of the critical tasks required for the conduct of credible elections by the end of the Transitional Period, namely redeployment of the Necessary Unified Forces (NUF); reconstitution of the National Constitutional Review Commission (NCRC), and preparation for the conduct of elections. His Excellency the President acknowledged RJMEC’s concerns, recounted the RTGoNU’s ongoing efforts to expedite implementation, and assured RJMEC of his government’s commitment to complete implementation of the critical pending tasks and to hold elections as scheduled.
5. I also met with H.E. Dr. Riek Machar Teny, First Vice President of the Republic of South Sudan, and discussed with him a wide range of issues about the implementation of the R-ARCSS, including the delay by the RTGoNU to complete critical tasks as per the Roadmap. His Excellency the First Vice President reiterated his commitment to implementation of the R-ARCSS to the letter and spirit in order to have credible elections.
6. The RJMEC attended the 14th Ordinary Session of the IGAD Assembly of Heads of State and Government held in Djibouti on 12th June 2023, which among others, deliberated on the crisis in neighbouring Sudan and the peace process in South Sudan. Regarding the South Sudan peace process in particular, the Summit in its communique, among others, took note of the RTGoNU’s commitment to hold elections in December 2024 and urged the government to expedite implementation of key tasks critical for the conduct of the elections.
7. On 20th June 2023, I briefed the United Nations Security Council session in New York, on the RJMEC’s assessment of the status of the implementation of the R-ARCSS and our role in support of the peace implementation. In the briefing, I appealed for international support to the peace process, including direct funding for some of the critical upcoming processes of the permanent constitution-making, election preparations, and the Disarmament, Demobilisation and Reintegration (DDR) program. The Security Council members urged the parties in South Sudan to work collectively to honour their commitments in the R-ARCSS and expressed their backing for strengthening the 35% quota for women as outlined in the R-ARCSS. However, they voiced concerns over the slow progress in implementing the R-ARCSS and failure to meet the agreed targets.
8. I also held separate meetings with the permanent representatives of the IGAD member states, AU C5 and UNSC A-3. I briefed them on the implementation of the R-ARCSS and appealed for support to the South Sudan peace process.
Excellencies, Ladies, and Gentlemen,
9. In terms of the status of the implementation of the Agreement, I will now highlight key observations under each chapter of the Agreement.
10. Under governance, the Judicial Reform Committee (JRC) has so far held stakeholder consultations in Western Bahr el Ghazal, Western Equatoria and Upper Nile States as well as in the Greater Pibor Administrative Area. Perspectives from these stakeholders will be critical in informing the JRC’s recommendations to the RTGoNU on judicial reforms.
11. In terms of legislative reforms, on 5th June 2023, the National Elections Act (Amendment) Bill 2023 and the Anti-Corruption Commission Act (Amendment) Bill 2023 were tabled before the reconstituted Transitional National Legislature (TNL) for consideration and enactment. I encourage the TNL to expedite this process and enact these laws.
12. Regarding the National Constitutional Amendment Committee (NCAC), the RTGoNU has extended its mandate for another four months to enable the Committee to complete its pending tasks, namely: to draft and complete amendments to the NGO, the Investment Promotion, the Mining, the Transport, the Pension Fund, and the Telecommunication Acts.
13. The delayed reconstitution of the Political Parties Council and other independent Institutions and Commissions at the national level continues to impede progress on the implementation of this chapter of the Agreement.
Excellencies, Ladies, and Gentlemen,
14. On the Permanent Ceasefire and Transitional Security Arrangements, the Permanent Ceasefire is still holding, which is a commendable achievement under Chapter II. This notwithstanding, CTSAMVM reported alleged clashes between SPLA-IO forces and some defectors in Maiwut County of Upper Nile State. In Central Equatoria State, CTSAMVM reported increased National Salvation Army (NAS) attacks on both civilians and the SSPDF. There were also clashes allegedly between an SPLA-IO protection force from Panyikang County, Upper Nile State and an SSPDF protection unit from Ruweng Administrative Area which led to injury and loss of life. I would like to hear more from the JDB and CTSAMVM regarding these alleged clashes.
15. On the unification of forces, there is no new progress to report regarding the redeployment of Phase I Necessary Unified Forces, nor the commencement of Phase II NUF training. I would like to hear an update from the RTGoNU and the JDB on these pending tasks.
16. Regarding CTSAMVM’s operational and administrative challenges as reported in the last plenary, I have held several consultations with the concerned parties, the CTSAMVM leadership and the Executive Secretary of IGAD to resolve the issues raised. Consequently, IGAD has reviewed and endorsed the Terms of Reference of the CTSAMVM Chairperson and the CTSAMVM Board. In addition, it has given guidance on the draft Terms of Reference of the CTSAMVM Technical Committee (CTC). CTSAMVM leadership is therefore expected to brief the Board on these outcomes and to present the draft CTC Terms of Reference for endorsement.
17. I would like to commend the SSPDF leadership’s efforts in inculcating discipline and holding the forces accountable as evidenced by its recent General Court Martials which tried 32 cases in Yei, Central Equatorial State. The accused soldiers and junior officers faced offences ranging from murder to sexual and gender-based violence. Sentences handed down included imprisonment, dismissal, reduction in rank, fines and compensation to the victims. It is encouraged that all other forces institutionalize accountability measures and take steps to prevent recurrence of such crimes, especially SGBV and for rehabilitation of victims.
18. On police reforms, efforts are being made to reform the National Police Service as outlined in the National Policing Strategic Plan 2020–2024. In this regard, RJMEC welcomes the ongoing focus on preventing and investigating Sexual and Gender-Based Violence, including by strengthening the police capabilities in identifying and investigating SGBV cases.
Excellencies, Ladies, and Gentlemen,
19. In terms of humanitarian affairs, the onset of rains and the influx of refugees and returnees from Sudan continue to exacerbate the already severe humanitarian needs in the country. However, it is concerning that there is growing population of returnees who are stranded in Renk, Upper Nile State where conditions are deteriorating. I appeal to the RTGoNU and the international community to mobilize additional support for resettlement of the returnees.
20. On resource, economic and financial management, it is noted that there is progress in the budget process. However, there is need for the RTGoNU to fulfil its budgetary commitment of funding Agreement institutions which have continued to face recurrent financial challenges. In this regard, the RTGoNU is urged to create the fiscal space needed to implement the R-ARCSS.
21. Further, the RTGoNU is urged to ensure the establishment of effective public procurement and payroll systems and grant public service concessions, public borrowing and debt management to facilitate transparency and accountability in the public sector, as per articles 4.12.1 of the R-ARCSS.
22. The importance of the private sector as the engine of economic growth cannot be overemphasized, especially in transition economies. It is therefore recommended that the establishment of the Enterprise Development Funds be prioritized in order to improve productivity and to provide the domestic private sector access to finance. In this regard, it is concerning that the legal frameworks for the Youth Enterprise Development Fund and the Women Enterprise Development Fund remain outstanding.
Excellencies, Ladies, and Gentlemen,
23. On Transitional Justice, the drafting of the Commission for Truth Reconciliation and Healing (CTRH) and Compensation and Reparation Authority (CRA) Bills are in progress. It is understood that the two Bills have been substantially reviewed based on expert views arising from the recent Transitional Justice Conference and public consultations. I urge the RTGoNU to expedite completion of the two Bills.
24. Regarding the making of the Permanent Constitution, there is no further progress to report. The National Constitutional Review Commission (NCRC) is yet to be reconstituted and the other mechanisms like Constitutional Drafting Committee (CDC) and Preparatory Sub-Committee (PSC) for the National Constitutional Conference, have not yet been established as required by the Constitution Making Process Act.
25. However, I am informed that the stakeholders have all submitted their lists of nominated representatives to reconstitute the National Constitutional Review Commission (NCRC) and establish the Preparatory Sub-Committee (PSC). The Parties have agreed on the allocation of membership within the NCRC and PSC. I urge the Parties to submit the list of their nominees in order to hasten the reconstitution of the NCRC and establishment of the PSC.
Excellencies, Ladies, and Gentlemen,
26. Overall, it is important to reiterate that in order to conduct free, fair, and credible elections as scheduled, there is need to achieve the following benchmarks in the R-ARCSS:
a. Reconstitution and operationalization of the institutions tasked with the preparation and conduct of elections, namely the Political Parties Council and the National Elections Commission;
b. Judicial reforms to enhance the capacity and independence of the judicial institutions to deal with elections-related disputes;
c. Completion of the unification and redeployment of forces in order to provide security throughout the electoral process;
d. The making of the Permanent Constitution under whose provision elections shall be conducted; and
e. Improvement to the overall political and civic space to enhance public participation in the constitution-making and electoral processes.
27. In view of the aforementioned, it is important to underscore the need to deliberately hasten the pace of implementation of the Agreement. I would therefore like to make the following recommendations to the RTGoNU:
a. provide adequate and predictable funding for the implementation of all the critical pending tasks of the Agreement;
b. continue to consult and dialogue in the spirit of collegial collaboration and consensus to address emerging issues during the implementation of the Agreement;
c. prioritize efforts aimed at promoting peace, reconciliation and healing at national and community level;
d. prioritize implementation of social service provision as outlined in the Budget Appropriation Bill 2023-2024 in order reduce economic vulnerabilty of ordinary citizens; and
e. provide immediate support to returnees to enable them resettle and/or reintegrate in their communities or places of choice in safety and dignity.
28. In conclusion, as South Sudan marks its 12th independence anniversary, I would like to congratulate the people and government of South Sudan on this milestone and more importantly on sustaining the peace efforts over the last five years since the signing of the Revitalized Peace Agreement in 2018. South Sudan should seize this opportunity to consolidate the peace dividends and implement the critical tasks in the Roadmap so as to fulfil the aspirations of her people for justice, equality, respect for human rights and the rule of law.
I Thank You!
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, INTERIM CHAIRPERSON, RJMEC ON RJMEC’S ASSESSMENT OF THE SOUTH SUDAN PEACE PROCESS AND ITS EFFORTS IN SUPPORT OF THE IMPLEMENTATION OF THE R-ARCSS, DELIVERED TO THE UNITED NATIONS SECURITY COUNCIL, JUNE 20, 2023, NEW YORK, UNITED STATES
President of the UN Security Council,
- Distinguished Members of the Council,
- Excellencies,
- Distinguished Ladies and Gentlemen.
Madam President,
1. At the outset, permit me to congratulate you and the United Arab Emirates, for being elected member of the United Nations Security Council for the year 2022-2023 and assuming your second presidency of the council in the month of June 2023. I would also like to thank you for inviting the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to address this esteemed Council.
2. RJMEC is the official oversight body responsible for overseeing, monitoring and evaluating the status of the implementation of the 2018 Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) and are mandated to submit reports and brief this Council amongst others, on a quarterly basis.
3. Over the last five years of the implementation of the Agreement, South Sudan has enjoyed its longest period of relative peace and stability since its independence in 2011. However, the pace of implementation of the Agreement has been slow, as much of what was expected to have been implemented by end of the stipulated 36 months of the Transitional Period was not achieved.
4. Consequently, the Revitalised Peace Agreement was extended for 24 months, from February 2023 to February 2025, to enable the completion of the unification of forces, the making of the permanent constitution, and to prepare for the conduct of credible, free and fair elections in December 2024.
5. My briefing to this august Council therefore will briefly highlight our assessment of the South Sudan peace process and the RJMEC’s ongoing efforts in support of its implementation and conclude with some recommendations.
Madam President,
6. Overall, key achievements in the implementation of the Agreement include the following: Under governance, the executive and legislative arms of the Revitalized Transitional Government of National Unity (RTGoNU) have been established and operationalised at both the national and state levels. The dispute over the number of states was resolved, and the Revitalised Peace Agreement was incorporated into the Transitional Constitution. Also, some crucial legal, judicial, and institutional reforms are ongoing.
7. On the Transitional Security Arrangements, approximately 55,000 of the 83,000 Phase 1 Necessary Unified Forces were trained and graduated. These troops remain in their training areas awaiting deployment to their respective units. However, Phase 2 and Disarmament, Demobilisation and Reintegration (DDR) process is yet to commence.
8. On humanitarian affairs, the opening of key humanitarian corridors has facilitated the return of some South Sudanese refugees and IDPs. Some economic reforms have been implemented, encouraging greater transparency and accountability but this, too, remains a work in progress.
9. On transitional justice, progress is being made in the drafting of the bills for the establishment of the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparations Authority (CRA). Once these institutions are established, will drive forward the much-needed process for reconciliation and healing in South Sudan.
10. In terms of the Permanent Constitution, the law to govern its making has been enacted, and steps are being taken to operationalise it. I would like to underscore, state that under the Agreement, elections at the end of the Transitional Period should be held under a new permanent constitution.
Madam President,
11. The main challenges which have slowed down progress in the implementation of the Revitalised Peace Agreement include trust deficit among the Parties, lack of adequate resources, capacity gaps, persistent levels of intercommunal violence in the states, negative activities of the holdout groups, and natural calamities like floods.
12. Most recently, additional strain has been placed on humanitarian and other resources in South Sudan by the influx of refugees and returnees from the conflict in the Republic of Sudan.
Madam President,
13. Elections are due in December 2024, which is around eighteen months from now. In order to conduct free, fair and credible elections, the following critical benchmarks need to be attained as per the Revitalised Peace Agreement:
a. Completion of the unification and redeployment of forces, in order to provide election-related security;
b. Reconstitution and operationalisation of the institutions tasked with preparation and conduct of elections, namely the Political Parties Council and the National Elections Commission;
c. The making of a people-led and people-owned Permanent Constitution, to guide the conduct of elections;
d. Judicial reforms to enhance the capacity and independence of the judicial institutions to deal with elections related disputes; and
e. Improvement to the overall political and civic space in which multiparty elections are conducted.
Madam President,
14. At this critical juncture of the extended period of the Revitalised Agreement, the RTGoNU requires more support from this Council and the international community for it to be able to complete the implementation of the critical pending tasks of the R-ARCSS.
15. Without predictable and adequate funding, our assessment is that South Sudan will continue to struggle to adhere to implementation schedule of the R-ARCSS. In RJMECs view, the international community can support the South Sudanese efforts, especially by directly funding the constitution making process, Disarmament, Demobilisation, and Reintegration (DDR) as well as in the preparation and conduct of elections.
Madam President,
16. With regard to RJMEC’s efforts in support of the implementation of the Revitalized Peace Agreement, RJMEC continues to monitor and evaluate, and oversee the mandate and tasks of the RTGoNU, including the adherence by the Parties to the agreed timelines and implementation schedule in accordance with Chapter 7 of the Revitalized Peace Agreement.
17. RJMEC’s objective and impartial reports, and all-inclusive stakeholders monthly plenary meetings, continue to inspire confidence in the peace process and encourages the Parties to stay the course for peace.
18. Our regular quarterly evaluation reports to the RTGoNU, IGAD, the AU Peace and Security Council, and to this Council, help create focus, unity of purpose and informs policy decision making on South Sudan and the implementation of the Agreement.
19. RJMEC continues to oversee the work of all Agreement Institutions and Mechanisms, break deadlocks among the Parties and regularly engages with the Parties to the Agreement, key peace partners, and other South Sudanese stakeholders in a bid to build consensus and expedite progress.
Madam President,
20. In conclusion, I would like to underscore that the R-ARCSS, legitimizes the Transitional Government of national Unity in South Sudan and remains the most plausible blueprint for a peaceful transition and in building enduring peace in the Republic of South Sudan. With the prospects of elections looming only 18 months away, there is need for our collective efforts to focus on South Sudan at this critical time and ensure that the Agreement is implemented in letter and spirit.
21. In that regard, I would like to appeal to this Council to remain seized of the peace process in South Sudan, engage the RTGoNU to expedite implementation of the Peace Agreement and to conduct elections as scheduled, and to consider visiting Juba at this critical time of election preparations and to stand in solidarity with the people of South Sudan.
I Thank You.