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.

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!

Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   I welcome you to the 29th meeting of the RJMEC. It is our third meeting in the 24-month extended Transitional Period, which began just over three months ago, and as such, just over one-and-a-half years until elections are due in December 2024. We meet today at a very critical moment, both in the country and within the region.

2.   Since we last met, as you all know, conflict broke out in Sudan in mid-April. This is giving much cause for concern, with loss of life, civilian displacement, and destruction of property. I would like to commend IGAD for its initiative to establish a high-level delegation to mediate the conflict, led by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, along with H.E. Dr William Samoei Ruto, President of the Republic of Kenya, and H.E. Ismail Omar Guelleh, President of the Republic of Djibouti. IGAD’s efforts complement the Jeddah initiatives, and it is hoped that this could help Sudan resolve the ongoing conflict. Furthermore, it is commendable that South Sudan readily opened its border with Sudan to allow returnees and refugees to escape the conflict. I thank the Revitalised Transitional Government of National Unity (RTGoNU) and humanitarian agencies for all their efforts to provide the much-needed support. 

3.   With that in mind, it is paramount that our collective attention remains on the very pressing issues regarding the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). To this end, it is encouraging that the RTGoNU has continued to reassure South Sudanese that it remains focused and will deliver on its commitments to implement the R-ARCSS, including holding elections as scheduled. While this is welcome, it is important that milestones are reached as per the Roadmap. 

4.   On my part, since our last meeting, I have had several engagements, here and within the region.

a.   I briefed the reconstituted Transitional National Legislative Assembly (TNLA) on the status of the implementation of the R-ARCSS, highlighted progress made and challenges impacting the process, including the slow pace of implementation and lack of funding. I pointed out the critical role of the TNLA in enacting laws to support the implementation of the Revitalized Peace Agreement and encouraged them to coordinate their efforts with the Executive to deliver on the promises of the Agreement.

b.   I also engaged a number of RTGoNU ministers and other peace stakeholders, and briefed H.E. William Samoei Ruto, President of the Republic of Kenya, on the status of the implementation of the Revitalized Peace Agreement. Furthermore, I also engaged H.E. Dr Workneh Gebeyehu, Executive Secretary of IGAD, and H.E. Dr Ismail Wais, IGAD Special Envoy for South Sudan. During these engagements, I stressed the importance of the RTGoNU adhering to the Roadmap timelines.

5.   My statement this morning will provide updates on progress made in the implementation of the Revitalised Peace Agreement since our last meeting, and I will also highlight some of the recurring challenges and conclude with recommendations.

Excellencies, Ladies, and Gentlemen,

6.   First, governance. In terms of legislative reforms, the draft National Elections Act (Amendment) Bill 2023 adopted by the RTGoNU Council of Ministers has now been forwarded to the Transitional National Legislature (TNL). The enactment of this Bill is very important at this juncture as it will pave the way for the reconstitution of the National Elections Commission (NEC), a critical institution for conducting elections. I encourage the reconstituted TNL to expedite the process for enactment of this Bill. 

7.   Further, the Minister of Justice and Constitutional Affairs has tabled before the reconstituted TNL the following revised laws, namely: 

a.           the Banking Act (Amendment) Bill;

b.           the Bank of South Sudan Act (Amendment) Bill;

c.            the National Security Services Act (Amendment) Bill;

d.           the National Mine Action Authority Act (Amendment) Bill; 

e.            the National Archives and Records Act (Amendment) Bill;

f.             the National Public Health Act (Amendment) Bill; and

g.           the Public Financial Management and Accountability Act (Amendment) Bill.

These Bills would further strengthen the legal and institutional frameworks for South Sudan, and the overall goals the R-ARCSS envisages, including lasting peace and sustainable development, and I therefore urge the TNL to expedite their consideration and enactment.

8.   Regarding the National Constitutional Amendment Committee (NCAC), its extended mandate ended on 18 May, with six critical laws pending review, namely: the NGO Act, the Investment Promotion Act, the Mining Act, Transport Act, Pension Fund Act, and the Telecommunication Act.  In March 2023, the national members of the NCAC began a boycott of their work over non-payment of their allowances. This boycott remained unresolved at the time its mandate expired. I am aware that substantial work had already been undertaken on the review of the NGO Act and the Investment Promotion Act at the time of the boycott. I request the RTGoNU to give direction on how the NCAC can resume and complete its work.

9.   In the Transitional Period, the RTGoNU is required to reconstitute the Judicial Service Commission, which will spearhead judicial reforms and the restructuring of the judiciary. In addition, the Agreement requires the RTGoNU to establish an independent, impartial, and credible constitutional court, regulated by law. These judicial reforms are to be informed by recommendations from the Judicial Reform Committee (JRC) to the RTGoNU. In this regard, I wish to hear about the progress made by the JRC in its work. 

10.  Considering that the elections are due to be held in December 2024, the operationalisation of the Political Parties Act is well behind schedule, despite it having been enacted over ten months ago. The Political Parties Council is still not yet reconstituted. This is a critical body for political parties to register in order to participate in the elections, and to entrench the electoral democratic processes in South Sudan, as well as improve the overall political and civic space for public participation in the elections.

11. The process of the restructuring and reconstitution of the various Commissions and Institutions at the national level, as required by the Agreement under Article 1.19, is behind schedule, in accordance to the Roadmap. All these national institutions play a critical role in improving, accountability, transparency, institutional independence, and efficiency in national governance. I request the RTGoNU to brief this meeting on the status of operationalisation of the Political Parties Act and the restructuring and reconstitution of the various Commissions and Institutions.

Excellencies, Ladies and Gentlemen,

12.  Next, on the Transitional Security Arrangements. The RTGoNU Council of Ministers recently approved a budget of SSP 3.6 billion for the Necessary Unified Forces. I would like to request the RTGoNU and the NTC to brief this meeting on the status of funding, and the JDB to brief on plans for redeployment of Phase I of the NUF and the commencement of Phase II.

13.  On the building of the national police, as per article 2.3.2, it is critical to note that a fair and efficient criminal justice system is a prerequisite for any society based on the rule of law. In that regard, it is encouraging that there are ongoing law enforcement reform initiatives led by the South Sudan National Police Service (SSNPS) and the Ministry of Justice and Constitutional Affairs in collaboration with the University of Juba. In April, with the support of UNPOL, specialist national Public Prosecutors conducted the first training of its kind of Judiciary Police officers and Investigators on Sexual and Gender-Based Violence (SGBV) and Conflict-Related Sexual Violence (CRSV).

14.  Regarding CTSAMVM, it is encouraging to note that its national monitors have returned to work, and that an agreement has been reached allowing its Monitoring and Verification Teams (MVTs) to use UNMISS flights and helicopters. In this regard, I reiterate my appreciation to Japan and the Kingdom of Norway for making this happen. However, the CTSAMVM leadership has informed me that its most recent Board meeting was not conducted as planned due to some administrative concerns from the senior national representatives. The matter has been referred to IGAD and RJMEC by the senior national representatives concerned.

Excellencies, Ladies, and Gentlemen,

15.  The dire humanitarian situation in South Sudan is now compounded by the influx of returnees and refugees from Sudan following the outbreak of conflict there, and the onset of rains in South Sudan. Efforts by humanitarian agencies to reach those in need continue to be hampered by reduced funding and access impediments. I would like to thank all the stakeholders that have been involved in assisting the returnees and refugees coming into South Sudan, and to commend the RTGoNU for allocating $15 million of the IMF’s Food Shock Window Facility to the World Food Programme in support of the emergency response.

16.  The African Union and IGAD recently launched the Post-Conflict Needs Assessment, with the objective of ‘enhancing the efforts of the RTGoNU towards the full implementation of the R-ARCSS.’ One of the outcomes of the Needs Assessment is to highlight opportunities for support, including modalities for the operationalisation of the Special Reconstruction Fund (SRF). It is important that the RTGoNU uses this momentum to establish this long overdue institution to avail funding at this critical time.  

17.  On resource, economic and financial management, the RTGoNU continues to take steps to further advance the effectiveness and transparency of public finances, the budgetary process, monetary and fiscal policy management, and capacity building.

18.  Additionally, the RTGoNU inaugurated the Public Procurement and Disposal of Assets Board which will serve to advance the management of the RTGoNU’s finances, and also increase the competitiveness of the private sector in the public procurement process. The full operationalisation of this Board will ensure efficient public procurement and disposal of assets in accordance with the principles of good governance.

19.  Furthermore, the Ministry of Petroleum continues to publish the daily petroleum marketing report on oil lifting and sales. In the same way, it is important that the proceeds from the sale of oil are published by RTGoNU in accordance with article 4.8.1.14.1 of the Agreement. 

Excellencies, Ladies, and Gentlemen,

20.  A conference on Transitional Justice Mechanisms took place in Juba, hosted by the Ministry of Justice and Constitutional Affairs (MoJCA) in collaboration with the High-Level Standing Committee on the Roadmap, from 15th to 18th May 2023. Some of the perspectives emerging from the conference stressed the importance of inclusivity, context specificity, victim participation, and indigenous processes. It is expected that these perspectives will inform and enrich the draft Commission for Truth, Reconciliation and Healing (CTRH) Bill and the draft Compensation and Reparation Authority (CRA) Bill. I urge the Ministry of Justice and Constitutional Affairs to fast-track completion of the two bills and present them to the reconstituted TNL for enactment. On the establishment of the Hybrid Court for South Sudan (HCSS), the African Union Commission and RTGoNU are yet to meet and discuss on the way forward.  

21.  Regarding the making of the Permanent Constitution, there is no significant progress to report in terms of the much-needed reconstitution of the National Constitutional Review Commission (NCRC) and the establishment of other critical constitution-making bodies. I request the RTGoNU to brief the meeting on this matter.

 Excellencies, Ladies, and Gentlemen,

22.  Overall, implementation of the R-ARCSS is far behind the Roadmap timelines, and there seems to be no sense of urgency. A lot of work remains to be done if the Roadmap timelines are to be adhered to as promised. In light of the aforementioned, I would like to make the following recommendations to the RTGoNU:

a.        consider settling the allowances of the NCAC national members so that discussions on the extension of its mandate to complete its work can move forward;

b.        undertake the redeployment of Phase 1 of the Necessary Unified Forces and proceed to Phase 2, and institute DDR programmes;

c.         expedite the establishment of the Special Reconstruction Fund and Board to help avail funds at this critical time;

d.        publish the proceeds from oil sales, in accordance with the Petroleum Revenue Management Act 2012, in order to improve transparency and accountability; and

e.        complete the drafting and submission of the CTRH and CRA legislation, following the successful conclusion of the Transitional Justice conference.

23.  In conclusion, the R-ARCSS remains a transformative blueprint for building a stable and resilient South Sudan, which is of great value not only to its citizens, but to the region as a whole, especially at this critical time. Therefore, it is imperative for the RTGoNU to inject additional impetus into the implementation of the Agreement to achieve the milestones it set for itself in the Roadmap. Furthermore, South Sudan needs the support of the region and international community, now more than ever.

24.  I wish you fruitful deliberations. 

I Thank You!

OPENING REMARKS BY H.E. AMB. MAJ GEN (RTD) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON CONFERENCE ON TRANSITIONAL JUSTICE MECHANISMS IN THE REPUBLIC OF SOUTH SUDAN: BUILDING A SOUTH SUDANESE MODEL FOR TRANSITIONAL JUSTICE SYSTEM

MONDAY, 15 MAY 2023

JUBA, SOUTH SUDAN

-       Your Excellency, Salva Kiir Mayardit, President of the Republic of South Sudan 

-       Your Excellency, Dr. Riek Machar Teny, First Vice President

-       Your Excellencies, Vice Presidents

-       Hon Tut Gatluak, Presidential Advisor on Security and Chairperson of the High Level Standing Committee of the Parties to the R-ARCSS

-       Hon Dr Martin Elia Lomuro, Minister for Cabinet Affairs and Secretary General of the High Level Standing Committee of the Parties to the R-ARCSS 

-       Hon Justice Ruben Madol Arol, Minister for Justice and Constitutional Affairs

-       Hon Ministers 

-       Excellencies

-       Distinguished Ladies and Gentlemen

Good morning.

 1.   It is my pleasure this morning to speak at this auspicious conference on Transitional Justice Mechanisms in South Sudan. I would like to commend the RTGoNU for convening this event.

2.   The theme for this conference,  “Building a South Sudanese Model for Transitional Justice System” is timely and appropriate. It is important that the Transitional Justice model to be used in South Sudan is homegrown and in accordance with the people’s sense of justice.

3.   As the official oversight body, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) places great value on the importance of Chapter 5 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), and has been encouraging the RTGoNU to fast track its implementation, given the chapter’s critical role in building sustainable peace. 

4.   Chapter 5 of the Revitalised Agreement provides broad parameters for the implementation of transitional justice, in particular truthseeking, reconciliation, healing, reparations and accountability using a range of inter-linked mechanisms. These are the Commission for Truth, Reconciliation and Healing (CTRH), the Compensation and Reparation Authority (CRA), and the Hybrid Court for South Sudan (HCSS).  

5.   In line with the objective of this conference, it is expected that the outcome will inform and enrich the legislative process for the establishment of the CTRH and the CRA. The convening of this conference therefore is a positive step forward in the implementation of transitional justice in South Sudan. 

Your Excellency,

6.   The participation of the national, regional and international practitioners in this conference is a critical step in ensuring that the country appreciates the importance of dealing with the past, and associated challenges. In the course of this conference, South Sudan will learn from diverse experiences in other countries on Transitional Justice.

7.   This conference provides an opportunity for interaction and knowledge sharing so that all participants can contribute to the development of a South Sudanese model of transitional justice.  I would like to appeal to everyone assembled here today to seize this important moment, and engage in constructive dialogue to understand the South Sudan context. 

Your Excellency, 

8.   It is clear that much remains to be done and we are behind schedule according to the Roadmap timelines. It my sincere hope therefore, that this conference will create fresh momentum in the implementation of chapter 5, and other critical pending tasks of the Agreement.

9.   There is need for deliberate efforts and a sense of urgency in the unification of forces, the making of the permanent constitution, and preparations for the conduct of free, fair and credible elections in December 2024. With this in mind, it is a commendable step that on Friday the RTGoNU Council of Ministers approved a budget of over 3 billion South Sudanese Pounds for the deployment of the Phase 1 of the graduated forces.  

10.        I wish you all fruitful deliberations, and I Thank You.

      END 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.   I welcome you to our 28th meeting of the RJMEC as we enter the second of the 24-month  extended Transitional Period, as per the RTGoNU Roadmap; with elections expected to be conducted in December 2024. As the monitoring body, it is our responsibility to keep track of these timelines and to constantly remind the RTGoNU and the Parties represented here, of their mandate and urgent responsibility, to expedite the implementation of the Peace Agreement in letter and spirit.

2.   I welcome the resumption of the Transitional National Legislature this week given that a lot of work remains to be done in terms of the legislative agenda in support of the implementation of the Agreement. I also welcome the statement of H.E President Salva Kiir Mayardit at the opening, in which the urgency of implementation of the Agreement was stressed and the assurance given that there will be no further extension to the Transitional Period. I reiterate H.E the President’s call for redoubling of efforts and cooperation among the Parties to ensure completion of the Transitional Period tasks. RJMEC is hopeful that this commitment will translate into availing the necessary resources to ensure the full and timely implementation of the Agreement. 

3.   In my statement this morning I will provide an update on the recent progress in the implementation of the Revitalized Peace Agreement, highlight the recurrent challenges, and conclude with my observations and recommendations.

Excellencies, Ladies, and Gentlemen,

4.   First, governance: In terms of legislative reforms, some progress had been made by the National Constitutional Amendment Committee (NCAC) in the reviews, amendments, and drafting of the NGO Act and the Investment Promotion Act, before its national members boycotted participation due to non-payment of their allowances. This boycott by the NCAC members is a matter of very serious concern because the NCAC mandate is expected to end in May 2023. In addition to the NGO Act and Investment Promotion Act, the NCAC still has four other bills to be worked on, including the Mining, Transport, Pension Fund, and Telecommunication Acts. I have written to the RTGoNU urging payment of allowances to the national members of the NCAC.

5.   On 24th March 2023, the Council of Ministers adopted the National Security Services Amendment Bill and it now awaits tabling before the reconstituted TNL for enactment.  This is a welcome development and I appeal to the TNL to expedite consideration and enactment of this Bill and all the others currently pending. The RTGoNU should also take steps to expedite the operationalization of all the enacted laws. 

6.   It is concerning that there is a long delay in the reconstitution of the various Commissions and Institutions at the national level in accordance with the Roadmap timelines. In our last meeting, we were assured by the RTGoNU that the restructuring and reconstitution of these Commissions and Institutions would be shortly concluded. I look forward to receiving an update from the RTGoNU representative on this matter. 

7.   In terms of the preparation for elections as per the Roadmap, no progess has been made in the reconstitution of the Political Parties Council despite the law having been enacted over 8 months ago. The reconstitution of the Council is critical to paving the way for the registration of political parties.  Also, the enactment of the National Elections Act and its operationalization is way behind schedule. As a result of these delays, all the elections-related tasks including the establishment and functioning of institutions that drive the elections process, are behind schedule. In this regard, I appeal to the TNL to prioritize passage of the National Elections Bill.

8.   On 3rd March H.E the President issued decrees one relieving the two national Ministers, that of Defense and Veteran Affairs and the Interior, and the other swapping the two ministries between the I-TGoNU and SPLM/A-IO. As you are all aware the SPLM/A-IO protested the decision, following which I engaged the concerned parties and encouraged them to amicably resolve this matter in the spirit of collegiality, consultations and consensus. 

9.   In accordance with the provisions of the Agreement, I also  briefed the Heads of State of IGAD on this development and appealed to them to assist the two parties to resolve this issue. There has since been internal mediation between the parties to find a suitable compromise on this matter. On 29th March H. E President Salva Kiir Mayardit appointed General Chol Thon Balok as the new minister of Defense and Veteran Affairs. 

10.  Next, Transitional Security Arrangements: The recent progress made in the unification of the middle and lower levels of command of the Necessary Unified Forces is commendable. The Parties agreed on a responsibility sharing ratio of 60:30:10 to the SSPDF, SPLA-IO and SSOA respectively. However,  the forces which graduated during Phase I are still in training centers, and their delayed redeployment has hindered the commencement of Phase II NUF training. In this regard, I would like to hear from the JDB on plans for redeployment of Phase I and the start of  Phase II. 

11.        Regarding the status of the Security Mechanisms, not much has changed since our last meeting. The JDB, JMCC, JTSC, and SDSR Board members still lack allowances to sustain themselves, as well as financial support to execute their Transitional Security Arrangements tasks. The DDR Commission has no funding and the CTSAMVM national monitors have not resumed work due to the non-payment of their allowances by the RTGoNU. I appeal once again to the RTGoNU to fund the work of all mechanisms including the DDR Commission  and I look forward to RTGoNU  briefing this plenary on the progress, in availing funds for all the Agreement implementation mechanisms.

12.  On Police reforms, it is reported that the Joint Transitional Security Committee (JTSC) Curriculum Development guide for the Necessary Unified Police Forces, which outlines the basic operational framework of the police component to sustain  professionalism, was developed and is available to be utilized for training. 

13.  I am also encouraged that the South Sudan National Police Service (SSNPS) initiated a curriculum review process regarding Election Security to prepare the National Police to discharge its responsibilities in the upcoming elections. I would like to hear more on this from the JDB.

Excellencies, Ladies, and Gentlemen,

14.  Against the backdrop of increasing humanitarian needs, access and safety of humanitarian workers, goods, and assets remain a challenge. There have been several reported cases of attacks on humanitarian convoys, facilities, and personnel, as well as looting of humanitarian supplies, and access denial for humanitarian workers. These are matters that the RTGoNU should urgently address including by providing security along humanitarian corridors,  protecting humanitarian workers and their assets and holding perpetrators to account.

15.  On resource, economic and financial management, there has been a steady commitment to Public Financial Management (PFM) reforms as steps are being taken to publish budget execution reports, and oil revenue data. I would like to commend the RTGoNU in that regard. I wish to note that these reports need to be published in a timely manner in accordance with the Public Financial Management and Accountability Act and the Petroleum Revenue Management Act. Let me reiterate the need to legislate the amendment bills governing these PFM reforms, without which the responsible authorities will be challenged in completing the implementation of the relevant provisions of the Agreement.

16.  I note the progress registered so far in ensuring environmental protection, amid the many challenges posed by climate change in South Sudan. As required by the R-ARCSS, the Environment Protection Bill has been drafted and it proposes the creation of the Environmental Protection Agency and the National Environment Authority. In addition, the first National Adaptation Plan (NAP) and its Program for Action for climate change have been published. This is the first step toward establishing a coherent and effective process for  mainstreaming climate adaptation within the country’s development planning processes. However, achieving the objectives of the NAP will require a coordinated approach and the commitment of both state and non-state actors.

Excellencies, Ladies, and Gentlemen,

17.  In terms of transitional justice,  the Ministry of Justice and Constitutional Affairs and the Technical Committee on CTRH establishment have been undertaking a series of public consultations. However, they are yet to embark on their mission to the refugee camps in Kenya, Uganda, Ethiopia, and Sudan where they are slated to undertake public consultations with refugees. I therefore urge the RTGoNU to undertake the remaining phase of public consultations with refugees and complete the drafting of the CTRH and CRA legislations.

18.  On the establishment of the Hybrid Court for South Sudan, the  African Union Comission has formally requested  RTGoNU to meet and discuss on the way forward.  I therefore urge the RTGoNU and the African Union Commission to agree on a clear plan for the establishment of the Court.

19.  Regarding the making of the Permanent Constitution, there is  no further progress to report. It is now three months since  the  Constitution-making Process Act 2022 was assented to. Also,  the Minister of Justice and Constitutional Affairs tabled a  Memorandum to Cabinet to operationalize this Act. I appeal to the Minister of Justice and Constitutional Affairs to urgently provide guidance to the Parties and Stakeholders regarding the nominations of their representatives to the relevant constitution-making bodies, in accordance with the Act.  

Excellencies, Ladies, and Gentlemen,

20.  A lot of work remains to be done if the Roadmap timelines are to be adhered to as promised. The RTGoNU should demonstrate in action its commitment to deliver the transition in time not simply by word. This requires a solid commitment of resources to implement the Agreement. In that regard the call by the President for a National Economic Conference is a welcome initiative which should be complemented with the immediate establishment of the Special Reconstruction Fund and convening of the South Sudan pledging conference to provide the neccesary funding for implementation of the Agreement. 

21.  In light of the above, I would like to reiterate the following recommendations to the RTGoNU:

a)   continue to consult and dialogue in the spirit of collegial collaboration and consensus in order to address emerging issues during implementation of the Agreement;

b)   provide adequate and predictable funding for the implementation of the critical pending tasks of the Agreement, in particular, the Constitution Making and Electoral processes and completion of the unification of forces;

c)    operationalize all the enacted laws, establish all institutions required by the Constitution-Making Process Act 2022, and expedite the enactment of the National Elections Bill; 

d)   expedite the redeployment of the graduated forces, commence Phase 2 of the unification of forces and begin Demobilisation, Disarmament, and Reintegration (DDR); and

e)   complete the process of drafting the CTRH and CRA legislation and submit it to the reconstituted TNL for enactment and engage the AU Commission to discuss modalities for the establishment of the Hybrid Court. 

22.  Finally, faced with the current setbacks and the slow pace of implementation, it is encumbent upon us to redouble our efforts, encourage and support the RTGoNU to accelerate the pace of implementation going forward, in order to provide a much needed impetus to the peace process.I Thank You.

Distinguished Ladies and Gentlemen 

Good morning, 

1.   It is my pleasure to welcome you all to this workshop dedicated to discussing how to enhance the role and participation of South Sudan women in the implementation of the Revitalized Peace Agreement. The theme of the event, “understanding the Roadmap and women’s participation in implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)” is timely and significant.

2.   Today is a special day for all of us, as we mark the International Women’s Day. This special day encourages us to reflect on the milestones that have been achieved by women in the world. The ideals advocated by the UN Security Council Resolution 1325 are aimed, among others, at mainstreaming gender by bringing about a greater sensitivity to the different effects that war has on men and women. 

3.   The ground-breaking Security Council Resolution 1325, which was passed in the year 2000, is the first to link women’s experiences of conflict to the international peace and security agenda, focusing attention on the disproportionate impact of conflict on women, and calling for women’s engagement in conflict resolution and peace building. It recognised the undervalued and underutilised contributions women make to conflict prevention, peacekeeping, conflict resolution, conflict transformation, including securing and sustaining peace. It also stressed the importance of women’s equal and full participation as active agents in peace and security.

4.   Historically, women have been in record for constructively engaging in the South Sudan peace process. During the IGAD-led High-Level Revitalization Forum (HLRF) of the parties and stakeholders which culminated into the Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), the South Sudanese women played a critical role in successfully negotiating issues affecting them. As you may recall, the chief mediator, Hanna Tetteh, is a woman.

5.   The increase in women representation from 25% under the previous Peace Agreement to 35% under the Revitalized Peace Agreement is a sheer demonstration of the women’s agency in arguing their case for effective representation and participation in political processes, including in all state institutions. RJMEC encourages the R-TGoNU and all the political parties to provide an enabling environment for South Sudanese women to fully participate in the implementation of the R-ARCSS.   

6.   This workshop therefore comes shortly after we have marked the third anniversary of the Revitalised Transitional Government of National Unity (RTGoNU), three years of the Transitional Period of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), and after four and a half years of the signing of the Revitalized Peace Agreement itself.

7.   In late 2021, it was RJMEC’s assessment that a number of critical tasks were pending, which would have made the conduct of elections as originally scheduled in December 2022, near impossible. Accordingly, RJMEC requested the RTGoNU to develop and share its strategy on achieving the critical pending tasks within the timeframe remaining. Consequently, the RTGoNU duly developed a Roadmap in August 2022, setting out a revised schedule for implementation of the critical pending tasks to enable the country conduct peaceful and democratic elections within 24 months, with the Transitional Period now expected to end in February 2025. 

8.   The Roadmap, in the words of the RTGoNU, “is to provide time-bound guidance on the implementation of outstanding provisions that are critical to the conduct of peaceful and democratic elections at the end of the transition period, not alternative to the R-ARCSS.”Therefore, in the extended period of the Transitional Period, just as before, the R-ARCSS remains the supreme document.

9.   In this regard, therefore, as we move into the extension period, the gender provisions remain very relevant and central. This is the reason why the theme of the event, “Understanding the Roadmap and women’s participation in implementation of the R-ARCSS” is the main focus of discussions in the workshop.

Distinguished Ladies and Gentlemen, 

10.        The gender provisions of the Agreement seek to improve the inclusion and empowerment of women in a very fundamental way. They cover the participation and representation of women in decision‐making positions, in all governmental bodies, and institutions and mechanisms that drive political, economic, social and judicial reforms, as well as the constitution-making process. This remains equally valid and important in the Roadmap.

11.        In particular, there are provisions which refer to the prevention of all forms of violence against women and girls, including measures to prevent sexual and gender-based violence (SGBV) in general and sexual violence in particular. Then, there are provisions on the protection and promotion of women and girls’ rights, including protection from SGBV, and the consideration of women and girls’ specific protection needs. 

12.        Therefore, it is evident that the letter and spirit of the gender provisions in the Revitalized Peace Agreement are deep and far-reaching, and aimed at creating a conducive environment for women in South Sudan to actively participate in the political, economic and social life of their country. It is important to recognise the role and value of women in all these aspects. Women are capable in decision-making, especially those affecting the social fabric and the environment, and they share information well. They bring additional perspectives, especially on issues that affect other women and girls. Women also provide holistic approaches and dimensions in today’s complex and evolving challenges in all spheres. 

13.        In spite of the fact that UNSCR 1325 on the role of women in conflict resolution and peace processes, which calls for the adoption of gender perspectives, especially of women’s and girls’ needs in peace agreements, and their implementation mechanisms, and for the protection and respect of their rights, women continue to face obstacles in the realisation of this aspiration, and do so during the implementation of the Revitalised Peace Agreement.

14.        The challenges facing women are enormous, especially in our continent and also in South Sudan. They include those related to access to power, inclusivity and effective participation, and gender bias. Unless such challenges are adequately addressed, perspectives and concerns of women will be overlooked in politics as well as in the implementation of the Roadmap of the R-ARCSS. This therefore calls for women to be respected and not to be ignored or undermined, and women should be assertive in making their voices heard.

15.        As the RTGoNU continues in the implementation of the Roadmap, there are some key bodies which need to be reconstituted and staffed. These include the Political Parties Council, the National Elections Commission, and the National Constitutional Review Commission (NCRC). Also related to the Constitution-making process is the establishment of the Preparatory Sub-Committee for the National Constitutional Conference, and recruitment of the Constitutional Drafting Committee. 

16.        As we know, the Agreement mandates 35% level of women’s participation in such bodies, and the nominees to these bodies need to reflect the gender, political, social, ethnic, religious, and regional diversity of South Sudan. RJMEC takes these considerations very seriously, and as we conduct our monitoring and evaluation of the Revitalized Peace Agreement, we will ensure that these parameters get the proper level of attention.  

17.        Furthermore, along with all of us here, RJMEC celebrates International Women’s Day, and will continue to support gender-focussed activities such as this one. I sincerely thank the organisers of this event, and I look forward to hearing about how the workshop’s outcomes will contribute to the effective implementation of the Peace Agreement Roadmap in general, and the gender provisions in particular. 

18.        I wish you all a fruitful and successful workshop.

I Thank You.