STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI CBS INTERIM CHAIRPERSON - RJMEC TO THE 24th RJMEC MONTHLY MEETING 

Thursday, 17 November 2022, Juba, South Sudan 

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen, 

Good morning. 

1. I welcome you all to the 24th meeting of the RJMEC. Since the last regular meeting of the Plenary, which was in July, we have seen a number of notable things. Key among them include: 

a. phase 1 of the graduation of forces has begun and continues in earnest with approximately 42,500 out of 53,000 graduated; 

b. the Constitution-making Process Bill, among others, was passed by the Reconstituted Transitional National Legislature and is awaiting assent of the President; 

c. implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) has entered its fifth year with sustained efforts towards peace, despite the many challenges; 

d. the Parties have all agreed on a 24-month extension of the Transitional Period with a clear Roadmap to a Peaceful and Democratic Elections at the end; 

e. the RJMEC pronounced itself on the Roadmap with clear recommendations on steps to be taken in order to ensure that critical tasks outlined in the Roadmap are implemented as scheduled. 

Excellencies, Ladies and Gentlemen, 

2. As you may all be aware, the Roadmap contains tasks which are already being implemented, and there are others which should have been completed by now. RJMEC has therefore been keenly monitoring the progress or lack thereof in the implementation of the Agreement since our last meeting, and I hope that you all received a copy of our most recent quarterly report covering this period. 

3. My statement this morning will therefore focus on the most recent developments in the implementation of the Roadmap since our last plenary, highlight progress made, challenges faced, upcoming tasks and deadlines for the RTGoNU and conclude with RJMEC efforts and recommendations. 

Excellencies, Ladies and Gentlemen 

4. First, governance. In the recent period, we have seen the passing of numerous pieces of legislation by the Reconstituted Transitional National Legislature, including the SSPDF Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill, the Constitution-making Process Bill, and the ratification of the Roadmap. This is welcome progress. I urge that the Reconstituted Transitional National Legislature now shifts its focus to other outstanding pieces of legislation. 

5. Since its reconstitution in May 2022, the National Constitution Amendment Committee (NCAC) has made significant progress drafting amendment bills, four of which have already been submitted to the Minister of Justice and Constitutional Affairs, and it has made progress in the review of the National Elections Act, 2012. The Chairperson of the NCAC will give us more details this morning. 

6. With respect to judicial reforms under Article 1.17 of the R-ARCSS, the Judicial Reform Committee (JRC) continues to work independently in sub-committees, as well as in plenary meetings. They have begun consultations with the judiciary, and other rule of law institutions on areas of judicial reforms. Some progress is therefore being made in this regard, albeit with many challenges, including lack of resources. 

7. The restructuring and reconstitution of the Institutions and Commissions at the national level, as per article 1.19, is pending. As this process gets underway, it is important to pay particular attention to the mandate and appointments to ensure their independence and accountability. Further, it is imperative that these Institutions and Commissions are staffed with personnel with the necessary merit and technical expertise, as well as having an appropriate gender balance. 

8. On the subject of elections, the Roadmap indicates that they are scheduled to take place in December 2024. For smooth and successful elections to take place, it is imperative that the following crucial tasks are fully implemented: 

1. a. provision of an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process; 
2. b. the making of the permanent constitution upon whose provision elections will be conducted; 
3. c. completion of the unification and redeployment of the Necessary Unified Forces (NUF); 
4. d. reconstitution of the Political Parties Council and its immediate operationalisation; 
5. e. amendment of the National Elections Act, 2012 to conform to the terms of the Peace Agreement and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections; 
6. f. implementation of programmes for relief, protection reconstruction, repatriation, resettlement, rehabilitation and reintegration of refugees, IDPs and returnees; 
7. g. Early preparations for election processes, including voter registration and thereafter publication of the voters register six months prior to elections; and 
8. h. preparation by all security forces for elections-related security tasks at least six months before the end of the Transitional Period. 

Therefore, among the numerous other important tasks that the Roadmap details, I urge particular focus on these tasks outlined above. 

9. Next, security. Since the last ordinary Plenary, as I mentioned at the outset, graduation of the forces has begun in earnest. Despite all the challenges of resources and logistics, it is commendable that around 80% of Phase 1 of the Necessary Unified Forces have graduated. The Parties to the R-ARCSS and the RTGoNU leadership are to be commended for this, and we acknowledge all those friends and partners who provided support in this process. 

10. In line with the Roadmap deadlines, it is noted that redeployment of graduated NUFs was to have taken place by 30 September 2022. However, this is still pending, and I have been informed that they have instead been returned to their training centres, and have not received any salary. Furthermore, commencement of Phase 2 of forces currently in Cantonment Sites and barracks was to have begun by 30 September 2022. I look forward to receiving an update on these matters from the Joint Defence Board. 

11. It is also important to note that there are still some key issues regarding the Transitional Security Arrangements to be completed requiring particular focus, including; 

a. Finalisation of the Strategic Defence and Security Review documents; 

b. Provision of clear and predictable funding for the DDR Commission and its programmes; and 

c. A clear plan for the management of weapons from troops going to training centres. 

12. CTSAMVM continues to monitor and report violations of the Permanent Ceasefire, despite current operational challenges. I have written to the responsible Parties about the violation reports, including for example, Sexual and Gender Based Violence in Koch and Leer Counties of Unity State, and the torture and killing of three civilians in Kiri Boma of Kajo Keji County, Central Equatoria State. These reports were submitted to RJMEC by CTSAMVM, calling for action. RJMEC wrote to the responsible Parties, but until now, despite the seriousness of these violations, no response has been received on the action taken. I would therefore like to remind the Parties of their responsibility to respond to RJMEC in accordance to the Agreement. 

13. On the Rome peace process, some SSOMA groups were to have declared their forces to CTSAMVM, and integrated their monitors into its structures. This has not happened so far, and I would like to hear more on the Rome process from the RTGoNU. 

14. Regarding humanitarian affairs, flooding continues to compound the dire humanitarian situation. According to OCHA, over 1 million people are verified as affected by torrential rains and flooding in 36 counties across South Sudan. Overall, the magnitude and severity of humanitarian needs continues to rise, due to the cumulative effects of prolonged community-based conflicts, widespread flooding, and high levels of food insecurity. Also of concern is the safety and access of humanitarian workers and their assets. This year, it is sad to note that eight humanitarian workers have lost their lives in South Sudan. 

15. According to the Roadmap, the Special Reconstruction Fund programme and a detailed action plan for the reconstruction of conflict affected states and other areas was to have been established by 30 August 2022, and provided with initial funding of not less than USD 100 million per annum. This is important as it paves the way for convening the South Sudan pledging conference. In this regard, I would like to remind you of the 11 July Communique of the African Union Peace and Security Council, which strongly encourages the RTGoNU to “expedite the establishment of the Board for Special Reconstruction Fund (BSRF), so that the AU Commission, the UN and IGAD, working in collaboration with the Government, can expeditiously organize the South Sudan Pledging Conference.” Bearing this in mind, I urge the RTGoNU to expedite the establishment of the SRF without delay. 

16. On Chapter 4 on Resource, Economic and Financial Management, some progress has been registered in the management of petroleum resources, and reforms are ongoing. Furthermore, agricultural policies and strategies and programmes are being developed. Overall, however, public financial reforms have been slow. Audits designed to enhance the transparent management of the petroleum resources (such as the cost recovery audit and environment audit) are yet to be completed. However, the audit of the Government’s Financial Statements has commenced. Furthermore, the Roadmap highlights provisions related to the management of financial resources, due to be completed by 22 November 2022. This includes the review of the banking laws, appointment of the Auditor General, and review of the Fiscal and Financial Allocation Monitoring Commission. I look forward to receiving an update from on the activities of the Public Finance Management Oversight Committee from the Hon. Minister of Finance this morning. 

Excellencies, Ladies and Gentlemen, 

17. On Chapter 5, transitional justice, public consultations to help guide the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH) are ongoing. The Ministry of Justice and Constitutional Affairs is reviewing an interim report based on the consultations thus far, and has begun drafting the CTRH bill. According to the Roadmap, however, the CTRH legislation was expected to have been promulgated by 30 October, and its activities to have commenced by the end of November. This indicates that the process is behind schedule. 

18. The Ministry of Justice is also undertaking consultations with partners on good practices that will inform the Compensation and Reparation Authority legislative framework that responds to the South Sudanese context. I urge the Ministry to complete these processes and initiate these legislations for public and Parliamentary discussion. In terms of the establishment of the Hybrid Court for South Sudan, I appeal to the RTGoNU and the African Union to expedite its establishment. 

19. Regarding the Permanent Constitution Making Process, the Constitution Making Process Bill 2022 was passed by the reconstituted Transitional National Legislature last month, and is now awaiting the President’s assent to become law. I appeal to H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, to assent to this bill to pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), and establishment of the Preparatory Sub-Committee for the convening of National Constitutional Conference. Under the Bill, the Parties and other Stakeholders to the Agreement shall nominate and submit a list of their nominees to the taskforce within 30 days after the coming into force of the Bill. 

20. The Reconstituted NCRC will then recruit the members of the Constitution Drafting Committee (CDC). I urge the Parties and stakeholders’ groups, who will be represented in the various constitution making bodies, to begin considering their nominees accordingly. 

Excellencies, Ladies and Gentlemen, 

21. Since the last Plenary, I have held a number of consultations with the leadership of the RTGoNU, including the First Vice President, and all the four Vice Presidents and Cluster Heads to discuss the status and prospects of implementation of the Roadmap. They expressed their commitment to the implementation of the Roadmap. I also consulted with H.E. Dr Workneh Gebeyehu, the Executive Secretary of IGAD, about the South Sudan peace process, and to explore additional ways in which IGAD can marshal support and enhance its visibility in the implementation of the Roadmap. 

22. Even though the implementation is still within the Agreement period, part of which is covered by the Roadmap, progress has been slow and there is need for urgency. According to our evaluation of the Roadmap, of those tasks meant to have been started or completed by November, only 50% have been implemented, or are ongoing. With that in mind, I would like to make the following recommendations to the RTGoNU: 

a. Prioritise implementation of the Roadmap tasks within the given timelines; 

b. Avail predictable, timely and adequate funding for all Roadmap tasks; 

1. c. Expedite the enactment of all outstanding bills; 
2. d. Complete phase 1 graduation and redeployment of the Necessary Unified Forces, and commence with phase 2, which is overdue; 
3. e. Fund DDR programmes as an essential component of unification of forces; and 
4. f. Fast track the establishment and operationalisation of the Commission for Truth, Reconciliation and Healing. 
5. 23. In conclusion, with the adoption of the Roadmap, it is vital to stress the need for heightened urgency. The people of South Sudan, who are the primary beneficiaries of this Peace Agreement, have waited a long time to reap the benefits of peace. It is therefore of utmost importance to implement the Roadmap in letter and spirit. I would also like to reiterate the critical role of this Commission, and our collective responsibility to monitor and evaluate the Agreement implementation. 
6. 24. It is my conviction that peaceful and democratic elections are possible at the end of the 24-month extension period, if we all change our approach and strategy. I would like to close with the following points. 
7. a. First and foremost, the RTGoNU must demonstrate the urgency, the unity of purpose, the commitment, the extra effort and political will required to implement the tasks outlined in the Roadmap as scheduled; 

1. b. Secondly, you as RJMEC members, individually and collectively, need to enhance your approaches in engaging the RTGoNU and the various Agreement institutions and mechanisms with a strong focus on facilitating progress; 
2. c. Thirdly, it is incumbent on you, RJMEC members, to enhance your oversight approach through the RJMEC Working Committees, which includes RTGoNU representatives, to identify and flag key priority tasks that require the RTGoNU’s early attention and action; and 
3. d. Finally, there is need for us to consolidate our efforts, speak with one voice, and bring all our collective pressure to bear and push for the timely implementation of the Roadmap, thereby creating the conditions for the conduct of free, fair and credible elections. 

I Thank You. 

Honourable Members, 

Ladies and Gentlemen,

Good afternoon!

1.   As Interim Chairperson of RJMEC, it is my responsibility to communicate the outcome of today’s Extraordinary plenary.

2.   You, the RJMEC members, have deliberated and pronounced yourselves on the Agreement on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan.’ 

3.   Two questions were asked. The first:

“Do you as RJMEC members wish to make a decision on the extension of the Transitional Period today, or after three (03) months to give the RTGoNU time for consultations with the citizens before any extension? 

35 voted in favour of making the decision today, while 3 voted in favour of extending by three months. 4 members did not vote. 

On the second question:

“Do you as RJMEC Members Consent or Not Consent to the extension of the Transitional Period, effective 23rd February 2023 to 22nd February 2025?” 

4.   The result was as follows: 37 out of 42 members present today voted in favour, 4 did not vote while one was absent. 

5.   Article 8.4 of the R-ARCSS requires that at least two-thirds of the voting members consent to an amendment.  Therefore, according to the procedures set out in the Revitalised Agreement, the motion is CARRIED.

6.   The proposed amendment to Article 1.1.2, which extends the Transitional Period and term of RTGoNU until 22nd February 2025, now requires ratification by the Reconstituted Transitional National Legislature, according to the constitutional amendment procedures set out in the Transitional Constitution of the Republic of South Sudan - TCRSS, 2011 (as amended).

7.   As a next step, I will be submitting our decision and the accompanying resolution to the RTGoNU to consider RJMEC’s position and recommendation in this regard. Amongst the key observations made are as follows: 

• The new spirit of cooperation exhibited by the Parties in the agreement on the Roadmap, ending of SPLM/A-IO boycott of the Reconstituted TNLA, graduation of the first batch of the Necessary Unified Forces, as well as recent breakthroughs achieved in the meetings of the Presidency is welcomed. 

8.   I would like to encourage the Parties to continuously dialogue, work together to enhance the rebuilding of trust and confidence in the peace process, by taking concrete steps to address all the key impediments to progress in the implementation of the Agreement.

9.   We identified a number of tasks in the Roadmap, whose deadlines have already passed, and in this regard I wish to urge the RTGoNU to review and update the timelines in the Implementation Matrix contained in the Annex of the Roadmap for tasks whose timelines have already passed prior to its submission to the reconstituted TNLA.

10.        About the concerns expressed over the limited nature of the consultations conducted prior to the development of the Roadmap, I  urge the RTGoNU Parties to implement the Roadmap in an inclusive manner, including by continuously consulting with all relevant stakeholders, and civil society actors, during its implementation. 

11.        Finally, I urge the RTGoNU to demonstrate full and unwavering political will and commitment to implement all the priority tasks set out in the Roadmap, in accordance with the letter and spirit of the Revitalised Peace Agreement and to implement additional interim measures, including an economic recovery plan to improve the current business environment.

I Thank You.  

REMARKS BY H.E. AMB. MAJ GEN (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC AT THE GRADUATION OF THE UNIFIED FORCES

TUESDAY, 30 AUGUST 2022

JUBA, SOUTH SUDAN

·      H.E. Salva Kiir Mayardit, President of the Republic of South Sudan; 

·      H.E. Abdel Fattah al-Burhan, Chairperson of the Sovereignty Council of Sudan and Chair of IGAD;

·      H.E. Yoweri Kaguta Museveni, President of the Republic of Uganda;

·      H.E. Dr Riek Machar Teny, First Vice President of the Republic of South Sudan;

·      H.E. Hussein Abdelbagi Akol, Vice President and representative of South Sudan Opposition Alliance;

·      Excellencies Vice Presidents of the Republic of South Sudan;

·      Distinguished representatives of the Governments of the Arab Republic of Egypt, Federal Democratic Republic of Ethiopia, Republic of Rwanda and the United Republic of Tanzania. 

·      Hon. Tut Gatluak Manime, Chairperson of NTC,

·      Hon. Ministers, 

·      Excellencies Ambassadors

·      Distinguished Guests, 

·      Ladies and Gentlemen.

Good afternoon! Asalamu Aleykum!

1.   It gives me great pleasure to speak at this historic event in the implementation of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan. Today’s graduation of the first batch of the Necessary Unified Forces, is an important milestone as envisaged under Chapter II of the Agreement. 

2.   As the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission, the institution responsible for the overall oversight of the implementation of the Revitalized Peace Agreement, I do not take this occasion lightly, given the challenges which the Parties encountered in the unification of forces.  

3.   In this regard, I would like to congratulate H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, H.E Dr. Riek Machar Teny, First Vice President and all the Four Vice Presidents, for making this leap forward. I also commend the National Transitional Committee, the Joint Defense Board (JDB), the Joint Transitional Security Committee and the Joint Military Ceasefire Commission for working collectively to achieve this milestone.

4.   I would also like to commend H.E. Lt. Gen. Abdel Fatteh al Burhan, Chairperson of the Sovereignty Council of Sudan and Chairperson of IGAD Assembly of Heads of State and Government and other IGAD Heads of State and Government, for their unwavering efforts and commitment to support the South Sudan peace process. 

Excellencies, Distinguished Ladies and Gentlemen,

5.   This graduation ceremony today symbolizes national unity, the spirit of patriotism, loyalty to the constitution and to the country. The unified forces reflect the national character of the people of South Sudan. 

6.   I would like to congratulate the graduating unified forces for their endurance, commitment and determination to serve the country as members of the security forces. As professional, apolitical security forces, the spirit of comradeship, discipline, espirit de corps and loyalty that you have developed during your training should serve as your guiding values as you get redeployed to your respective units.  

7.   Let this spirit of unification of forces be one of the building blocks in promoting national unity, reconciliation and cohesion which should be emulated across the country. The unified forces will enable the realization of a united, secure, peaceful and prosperous South Sudan.

Excellencies, Distinguished Ladies and Gentlemen,

8.   As I have always said, the unification of forces is the backbone of the Revitalized Peace Agreement. Despite the challenges, this graduation is a testament and a clear indication of the determination by the Government of Republic of South Sudan to stay the course of peace. 

9.   However, despite this achievement, we have a long way to go to attain full unification of forces, including disarmament, demobilization and reintegration of ineligible candidates for the unification. We expect this momentum to be maintained and Phase II of unification to commence as quickly as possible.  

10.  I also take this opportunity to commend the Revitalized Transitional Government of National Unity for positively responding to the RJMEC’s request and prepared a Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalized Peace Agreement. RJMEC has now scheduled an extraordinary meeting for this Thursday for the members to deliberate on the Roadmap.

11.  As I conclude, it is my sincere hope and expectation that this graduation will also provide a timely boost to the overall implementation of the Revitalised Peace Agreement going forward. Much remains to be done across all the chapters of the Revitalized Peace Agreement, especially in the Permanent Constitution-making process, legislative reforms and the necessary preparations for free, fair and credible elections at the end of the Transitional Period. 

12.  I appeal to you all to build on this momentum that the graduation provides.

I Thank You. 

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning!

1. I welcome you all to the 23rd meeting of the RJMEC. At the outset, I would like to congratulate the Government and the People of the Republic of South Sudan, upon commemorating the 11th independence anniversary on 9th July 2022.

2. I also commend Pope Francis for sending his emissary, Cardinal Pietro Parolin, Vatican Secretary of State, with a message of prayers and continuing hope for the realization of enduring peace, healing and reconciliation in the Republic of South Sudan.

3. These two events should make us reflect deeply on how far we have come and how far we have to go collectively to achieve South Sudanese aspirations of an independent, peaceful, prosperous and democratic state. 

4. This month also marks seven months to the end of the Transitional Period of the Revitalized Peace Agreement, and this is a critical moment in its implementation.

5.  By now, you should have all received our comprehensive evaluation report on the status of implementation of the Revitalized Peace Agreement from the beginning of the Transition Period to the end of June 2022. We also recently published our latest Quarterly report for the period March to June 2022.

6.  As you may have read in the matrices attached to the Evaluation report, by now, all critical tasks, including the constitution-making process should have been completed and preparation for the conduct of elections should have been in high gear. However, this is not the case. Critical tasks, including some pre-transitional tasks, like the unification of forces, are still pending.

7.   It is precisely because of the aforementioned reasons, that RJMEC had as early as December 2021 urged the RTGoNU to develop a clear roadmap with a strategy to implement the critical pending tasks of the Agreement. Then in our 21st Plenary held on 10 February 2022, I presented a chapter-by-chapter status of implementation report in which I again stressed the need for a clear strategy going forward. At that meeting, the RTGoNU representative expressed the commitment of the government, to develop a roadmap towards elections at the end of the Transitional Period. 

8.  Therefore, the news that a draft Roadmap was presented to the President on Friday 15thJuly 2022 is a welcome development. I understand that this draft will be discussed by the Presidency before being tabled to the Parties for consideration. Once adopted by the RTGoNU it will be presented to RJMEC. The RTGoNU representative will brief us more on the roadmap.

Excellencies, Ladies and Gentlemen,

9. I will now focus my statement on the developments in the implementation of the Revitalized Peace Agreement since our last plenary, highlight some of the challenges, the ongoing RJMEC efforts, and will conclude with recommendations.

10.   Under Chapter 1, some progress was made towards Judicial and Legal reforms. On 20thMay 2022, IGAD officially submitted the list of nominees and appointees to the ad hocJudicial Reform Committee (JRC), a body mandated to study and recommend appropriate judicial reforms to the RTGoNU.

11.   Then, on 18th June 2022, Justice James Ogoola (Uganda) and Lady Justice Joyce Alouch (Kenya), the appointed Chairperson and Deputy Chairperson of the JRC respectively reported to Juba and commenced the Committee’s preparatory work. To that end, the JRC leadership paid courtesy calls on senior government officials and held a joint introductory meeting with the national members of the Committee. The JRC is expected to commence its work in mid-August for a duration of six months.

12.   The National Constitutional Amendment Committee (NCAC) has reviewed and submitted the Public Financial Management and Accountability Act 2011 (Amendment) Bill 2022 to the Minister of Justice and Constitutional Affairs, and has made progress in the review of other bills. I commend the NCAC for its dedication to deliver on its mandate. The NCAC will provide us with a further update on the status of its work.

13.   The Transitional National Legislative Assembly has passed the Wildlife Services Amendment Bill 2022 and the Constitution Making Process Bill 2022. I welcome this development. With regard to the reservations raised by some parties on the TNLA handling of the Political Parties Amendment Bill, I welcome the decision by H.E Salva Kiir Mayardit to discuss the matter with the Presidency, and I appeal to all Parties to always strive to achieve consensus fully aware that, where this is not possible, the R-ARCSS provides for decision making by a two-thirds majority.

14.   On the Permanent Ceasefire and Transitional Security Arrangements, there has been a reduction in clashes between SSPDF allied elements and the SPLA-IO since the unification of Command. Despite the April agreement on a unified command structure, progress towards the graduation of the unified forces has stalled. Nonetheless, I am encouraged by the recent statement of H.E. the President, that the Presidency will soon meet and set a date for the graduation of the unified forces. With regard to the DDR process, I am informed that the Commission’s budget for repatriation of an estimated 2,000 ex-combatants, currently in training centres has been approved by the National Transition Committee, and I urge the Ministry of Finance to fast-track disbursement of these funds. 

15.   Recently, I wrote to the President as well as the Chairman of the JDB regarding the serious violations to the transitional security arrangements in Unity and Upper Nile states, as reported by CTSAMVM. I specifically requested that the perpetrators of these atrocities be held to account.

16.   I would like to commend the SSPDF leadership for the recently concluded Court Martial in Yei, Central Equatoria State that resulted in the trial and conviction of several soldiers for crimes committed against civilians such as murder, rape and looting, among others.  It is important that all perpetrators of violence are held accountable.

17.   Regarding the Sant ’Egidio-led mediation, some progress has been made. CTSAMVM recently completed an induction training in Rome, Italy, of national monitors representing the South Sudan Opposition Movement Alliance (SSOMA) of Gen. Paul Malong and Pagan Amum. They are now expected to be integrated within the CTSAMVM Monitoring and Verification Teams by mid-August. I would like to encourage the other group of SSOMA allied to the National Salvation Front (NAS) of Gen. Thomas Cirillo to join the dialogue in good faith towards finding a lasting solution.

 18.   On the humanitarian chapter, we welcome the opening of humanitarian corridors between Twic County, Warrap State and the Abyei Administrative Area. In addition, there has been the restoration of river transport between Sudan’s White Nile State and Upper Nile State.

19.   However, bureaucratic impediments and funding cuts are affecting the delivery of critical lifesaving services such as emergency food, nutrition and health service provision.   The imposition of taxes on humanitarian goods is also affecting the delivery of these services. I urge the RTGoNU to take steps to address the above concerns, including the availing of more resources to address the humanitarian situation.

20.   On the economic affairs chapter, we welcome the launching of the revised National Development strategy, which has been aligned with the Revitalised Agreement. The importance of this strategy among others, is to establish and strengthen institutions for transparent, accountable and inclusive governance; foster macroeconomic stability and build foundations for diversification of the economy. It is my hope that this will help address the peace, development and humanitarian nexus. 

21.   Further, I urge the RTGoNU to move forward with the legislation and provision of funding for the enterprise development funds, which will serve to provide the necessary boost to help establish women and youth businesses; thus, serving to empower a key segment of the South Sudanese population. 

22.   Under Chapter 5, the Technical Committee established to spearhead public consultations on the establishment of the Commission for Truth, Reconciliation and Healing (CTRH), undertook public consultations in most parts of the country, with the exception of inaccessible areas where conflict is ongoing, such as Nimule. Their compiled report will assist the Ministry of Justice and Constitutional Affairs to draft the CTRH legislation.

23.   It is concerning that there has been no progress towards the establishment of the other two transitional justice mechanisms i.e., the Hybrid Court for South Sudan and the Compensation and Reparations Authority. I therefore appeal to the RTGoNU to consider taking steps towards the establishment of these two critical Transitional Justice institutions.

24.   Under Chapter 6 on the making of the permanent constitution, there has been commendable progress with the recent passing of the Constitution Making Process Bill 2022, which now awaits assent by the President to become law. Once enacted, the important process of constitution-making will begin in earnest, with the reconstitution of the National Constitution Review Commission, establishment of the Constitution Drafting Committee, and the Preparatory Sub-Committee for the convening of the National Constitutional Conference. I urge the parties and designated stakeholder groups to initiate the process of identifying their nominees to these various mechanisms to ensure their timely establishment.

Excellencies, Ladies and Gentlemen,

25.   As you may already be aware, the US Government recently suspended its financial support to RJMEC and CTSAMVM, a move which will impact our operational capacity. We thank and appreciate the US government for its invaluable support to RJMEC and CTSAMVM over the years, and we will continue to engage with the US Government to reconsider its decision.

26.   Pursuant to our mandate as RJMEC, I undertook a series of regional and diplomatic engagements to brief the region and international community on the status of the implementation of the Revitalized Peace Agreement and to solicit their support to the peace process. I attended the 37th Assembly of IGAD Heads of State and Government held in Nairobi, which discussed regional issues, including the peace process in South Sudan. I also briefed the AU Peace and Security Council; and separately met with the AU Commissioner for Political Affairs, Peace and Security, over the AU support to the peace process in South Sudan. 

27.   On 12th July 2022, I briefed a group of 13 Diplomats accredited to the Republic of South Sudan based in Addis Ababa on the ongoing peace process, and the mandates of RJMEC and CTSAMVM, including their centrality in the monitoring and oversight of the R-ARCSS. 

28.   Following these engagements, I can assure you, that the peace process in this country is on the minds and agenda of the regional and international community. They all appreciate the important contribution of RJMEC and CTSAMVM, and the need for the RTGoNU to come up with a roadmap that will ensure implementation of the remaining tasks; in order to facilitate peaceful, free, fair and credible elections at the end of the transition period.  

29.   In conclusion, I would like to make the following recommendations: 

a.   urge the RTGoNU to fast-track the process for the consideration and adoption of the agreed final roadmap.

b.   urge the RTGoNU to urgently set the date for the graduation and redeployment of the unified forces and the commencement of phase 2 and the DDR process.

c.   urge the RTGoNU to seriously address the increasing incidences of community-based violence across the country.

d.  urge the RTGoNU to urgently institute mechanisms for fast-tracking procedures for the import and customs clearance of relief materials and visa renewal processes for humanitarian workers to improve access to those in dire need.

e.   appeal to all partners and friends of South Sudan to continue supporting RJMEC and CTSAMVM and the full implementation of the R-ARCSS; and

f.    appeal to RTGoNU to allocate adequate funding for the implementation of the Agreement including to the nationals within the mechanisms, service delivery, livelihoods and constitution-making process in the 2022/23 budget.

30.   In conclusion, at this critical phase of the implementation of the peace agreement, I appeal to all of you as members of RJMEC to be cognizant of our collective mandate, as monitors and evaluators. Let us seize this unique opportunity and proactively engage with the RTGoNU, propose remedial measures to overcome the challenges to the peace process, and facilitate progress.

I wish you fruitful deliberations. I thank you.

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.  I welcome you all to the 23rd RJMEC meeting. This month is roughly eight months away from the end of the Transitional Period. Under article 7.6 of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), it is our mandate to monitor and oversee the implementation of the R-ARCSS, the mandate and tasks of the Revitalised Transitional Government of National Unity (RTGoNU), including the adherence of the Parties to the agreed timelines and the implementation schedule. It is therefore critical that, at this point in time, we focus our attention to the pending tasks in the Revitalized Peace Agreement and recommend appropriate corrective actions.  

2.  At the outset, I welcome the National Constitutional Amendment Committee (NCAC) back to the plenary meeting. The NCAC resumed its mandate on 17 May 2022 for the next 8 months. I also welcome progress that has been made towards the imminent establishment of the ad hoc Judicial Reform Committee (JRC) which is set to commence work in mid-June 2022. In that regard, I commend IGAD and the international partners for their support to ensure that both NCAC and JRC are operational. 

Excellencies, Ladies and Gentlemen, 

3.  Since our last plenary, I had the opportunity to brief the Council of Ministers of the RTGoNU on 8 April 2022 on the status of implementation of the R-ARCSS. In my briefing, I highlighted the critical pending tasks of the Agreement, including the limited time left to the end of the Transitional Period. I also made seven recommendations, including an appeal to the Council to prepare a strategy with timelines for the implementation of critical outstanding tasks of the R-ARCSS. The Council adopted all my recommendations and it is our expectations that the RTGoNU will update us on the progress so far.

4.    In addition, RJMEC Secretariat oriented the members of the Reconstituted Transitional National Legislative Assembly on the Revitalized Peace Agreement from 10 – 20 May 2022, and we expect them to now proactively fulfil their mandate to support the implementation of the Agreement.

5.  However, for the purpose of this meeting at this critical time in the Transitional Period, allow me to highlight the pending tasks of the Agreement, chapter by chapter. 

6.  Under Chapter I on Governance, the following tasks are yet to be implemented:

·      Judicial reforms, including review of the Judiciary Act, establishment of an ad hoc Judicial Reform Committee, reconstitution of the Judicial Service Commission and establishment of an independent, impartial and credible Constitutional Court; 

·      Completion of reviews of legislation, including the National Elections Act 2012 by the NCAC to conform to the provisions of the R-ARCSS;

·      Completion of the process of restructuring and reconstitution of Commissions and Institutions at the national level;

·      Enactment of the amended Security bills, and the Constitution Making Process Bill; and

·      Reconstitution of a competent and impartial National Elections Commission, the Political Parties Council and preparations for holding free, fair, and credible national elections. 

7.    Under Chapter 2 on the Permanent Ceasefire and Transitional Security Arrangements, the pending tasks include:

·       Completion of the unification of command structure at all levels of rank and file;

·      Graduation and redeployment of Phase I of the Necessary Unified Forces (NUF) and commencement of Phase II cantonment and training;

·      Operationalization and funding of the DDR programmes as a critical component of unification of forces and long-term security; 

·      Logistics support for cantonment sites and training centres; and

·      Complete demilitarization of civilian centres.  

8.    Regarding Chapter 3 on Humanitarian Assistance and Reconstruction, the tasks pending implementation include the following:

·      Creation by the RTGoNU of an enabling environment for voluntary and dignified return of IDPs and refugees;   

·      Creation of a conducive environment for the provision of humanitarian services to communities in need;

·      Provision of public service delivery, including access to health and education, protection and humanitarian services prioritising conflict affected communities;

·      Establishment of the Special Reconstruction Fund (SRF) and Board (SRFB), and the convening of the South Sudan donor pledging conference to support the reconstruction of infrastructure in the country;

·      Provision by the RTGoNU of funding of USD 100 million per annum during the Transitional Period;

·      Repatriation, resettlement, reintegration and rehabilitation of IDPs and refugees;

·      Review by the NCAC of the NGO Act 2016; and

·      Fast tracking procedures and institutions for the import and customs clearance of relief materials, and granting of and renewal of visas required by humanitarian workers.

9.    Turning to Chapter 4 on Resource, Economic and Financial Management, several tasks remain outstanding. They include the following: 

·      Reforms of key institutions such as the National Audit Chamber, and the Anti-Corruption Commission;

·      Implementation of the Public Financial Management reforms, including wealth-sharing and revenue allocation; economic management; public expenditure; and borrowing;

·      Finalisation by the RTGoNU of all the reviewed and drafted bills, including the Public Finance Management and Accountability Act 2011, the Bank of South Sudan Act 2011 and the Banking Act 2012;

·      Reviews of all national legislation in accordance with article 4.7.1. of the R-ARCSS, notably the Petroleum Revenue Management Act 2012, and Petroleum Act 2012;

·      Establishment of new institutions as provided for under article 4.6 of the R-ARCSS;

·      Expediting the implementation of outstanding tasks relating to land policy, registration and administration;

·      All tasks related to Enterprise Development Funds; and

·      Establishment of the Economic and Financial Management Authority (EFMA).

10.   Under Chapter 5 on Transitional Justice, the outstanding critical tasks are the establishment of the three Transitional Justice mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA).   

11.       The outstanding tasks under the Permanent Constitution-making process in Chapter 6 of the R-ARCSS are the enactment of the Constitution-Making Process Bill 2022, and the establishment of the relevant mechanisms to embark on the making of the new constitution to guide the conduct of elections at the end of the Transitional Period.

Excellencies, Ladies and Gentlemen,

12.   It is imperative to note that, there are cross-cutting challenges which have hampered the implementation of the Revitalised Peace Agreement. They include delayed Unification of Forces, funding, military defection, trust deficit, insufficient political will, capacity gaps, the cumulative effects of prolonged subnational conflicts, the COVID-19 pandemic, the dire humanitarian situation in the country caused by natural calamities such as floods. If progress is to be expedited, the aforementioned challenges should be urgently and collectively addressed.

Excellencies, Ladies and Gentlemen,

13.   The R-ARCSS lays the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law. However, I would like to stress that continuous delays in the implementation of the Agreement have consequential effects, as witnessed in the recent incidents of military defections and the associated violent confrontations. 

14.   In addition, I want to express my serious concerns regarding continuous occupation of civilian centres by the SSPDF and SPLA-IO, recent denial of access to CTSAMVM, attacks by the SSPDF on the SPLA-IO forces in Upper Nile and Unity States; and most disturbingly, reports of Sexual and Gender-Based Violence (SGBV) in Koch and Leer Counties in Unity State, including deaths of unspecified number of people, destruction of property and displacement of civilians. 

15.    There is also a growing public anxiety, frustration and despair on what happens when the Transitional Period lapses in February 2023 without the completion of all tasks of the Agreement.

16.   The critical focus at this time, therefore, should be to consolidate the peace dividends which have been achieved thus far by implementing the outstanding tasks of the R-ARCSS. Having outlined the tasks and the risks associated with inaction or delays, it is my expectation that the RTGoNU will update this meeting on its plan and strategy on the way forward. I also appeal to the members to suggest possible remedial measures in view of the aforementioned.

17.   I wish you fruitful deliberations. 

I THANK YOU!

STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC TO THE 22ND RJMEC MONTHLY MEETING Thursday, 24 March 2022, Juba, South Sudan

Honourable Ministers,

Excellencies,

Ladies and Gentlemen,

Good morning.

1. I welcome you all to our monthly meeting. Despite the relatively short time left available in the Transitional Period, and RJMEC’s repeated appeals, I note no substantial progress in the implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) since our last meeting. However, in all RJMEC’s engagements, both in South Sudan and regionally, we continue to call for the RTGoNU to demonstrate greater political will to increase the pace of implementation at this critical time.

2. In that regard, I have undertaken internal, regional and international consultations and briefings to encourage greater support for the implementation of the R-ARCSS since our last plenary. I held bilateral meetings with H.E. Salva Kiir Mayardit and the other members of the RTGoNU Presidency, and several national ministers. I also met the President of the Republic of Djibouti, the Minister for Foreign Affairs of the Republic of Djibouti, the Executive Secretary of IGAD and the Chairpersonof the African Union Commission. Similarly, I briefed the Peace and Security Council of the African Union and the United Nations

Security Council.

3. During my regional engagements, I appealed to the Regional Guarantors to consider holding an urgent meeting in Juba and engage with the RTGoNU leadership. The focus would be to assess the status of implementation of the Revitalised Peace Agreement, as guarantors, to provide the necessary impetus for implementation of the Agreement and to help overcome the challenges facing progress.

4. At this point I will provide status updates on the implementation of the Revitalised Peace Agreement since our last monthly meeting, outstanding tasks, challenges requiring remedial action, and conclude with recommendations.

Excellencies, Ladies and Gentlemen,

5. Since our last meeting in February, there has been minimal progress towards implementation of the provisions of the governance chapter of the R-ARCSS. Reportedly, two additional

State Legislative Assemblies have recently been sworn in. I encourage the States which are yet to operationalise their Legislative Assemblies to do so in order to enable them embark on

their functions.

6. I note recent press reports that the Reconstituted Transitional National Legislative Assembly (TNLA) ratified the budget for the Financial Year 2021 / 2022. As a result, it is my expectation that

they will now give their full attention to the bills that are awaiting enactment – namely the six security bills, the Constitution-Making Bill, and the Political Parties Bill, all of which are essential to the ongoing implementation of the R-ARCSS.

7. On the reconvening of the National Constitutional Amendment Committee (NCAC), I welcome the recent signing of an agreement between the IGAD Office of the Special Envoy for South Sudan and the United Nations Development Programme (UNDP) to support the activities of the NCAC. I therefore urge the resumption of the NCAC’s work with the expectation that they will prioritise the review of the election laws and other relevant legislations specifically assigned to them.

8. On Chapter 2, the Permanent Ceasefire and the Transitional Security Arrangements, I am concerned by the reports of an increasing number of clashes taking place between SPLA-IO forces and defectors to the SSPDF in Upper Nile and Unity States, including in training centres. We have tasked CTSAMVM to further investigate these clashes. I would like to stress that each training centre is a symbol of the unity which is being forged through creating a unified force, and any threat to this is unacceptable. Such divisive activities complicate the unification process, lower morale and breed mistrust among troops. A unified force depends on cohesiveness for its ability to function as a professional force.

9. As per the Agreement, the Parties are responsible for the command and control of their forces and affiliates. As a result, Party commanders starting from the lowest level, are charged with the

responsibility to hold their troops accountable for any violations, as well as devising corrective and preventive measures where necessary. On 7 February 2022, after receiving violation reports

from the CTSAMVM Chairperson, I wrote letters to the SSPDF and the SPLA-IO Chiefs of Defence Forces, urging them to take action for the violations committed by their respective forces as highlighted in the CTSAMVM reports. I am awaiting responses from them on actions being taken in respect of my request for accountability.

10. In regard to the Transitional Security Arrangements and in particular, the screening, training and redeployment of the Necessary Unified Forces for Phase One, this matter, including the unified command and ratio of forces, is being dealt with at the IGAD level with RTGoNU. I continue to raise concerns that the DDR process still remains without the necessary support and funds from the RTGoNU. Proper attention to DDR could form part of the solution to the impasse on the force ratios and the excess of senior ranks.

11. With just one year left of the Transitional Period, it is very concerning to continue receiving reports of increased insecurity among some communities, including revenge attacks and criminality in various parts of the country. I would like to reiterate that this state of affairs is exacerbated by the delayed implementation of the Transitional Security Arrangements as set out in the R-ARCSS, growing military defections from one signatory party to another and poorly-resourced structures of governance and security at the State and local levels. I would like to remind all of us that, it is the responsibility of the RTGoNU, as per article 1.2.2 of the R-ARCSS, to restore permanent and sustainable peace, security, and stability in South Sudan.

12. The SPLM/A-IO earlier this week suspended their participation in R-ARCSS Security Mechanisms, and RJMEC meetings. RJMEC has taken note of all the concerns raised by the SPLM/A-IO. It is encouraging to note that SPLM/A-IO has reiterated its continuous commitment to the full implementation of the R-ARCSS and is willing to be available to discuss these issues with RJMEC. I would however like to stress that the Joint Defence Board is a key mechanism composed of the Chiefs of Defence Forces of the three Parties, responsible to their respective forces and as such, its role is imperative in addressing security-related issues. Therefore addressing the specific concerns that the SPLM/A-IO has raised, requires that these Security Mechanisms be fully composed of representatives from all the Parties, which means full participation of the SPLM/A-IO. In this regard, I urge that the SPLM/A-IO reverses the suspension of its participation in the security mechanisms in order to allow redress of the matters raised. I have also invited the concerned Parties to a meeting tomorrow 25 March 2022, to discuss these issues. I would like to emphasise that the full engagement of all the Parties and inclusive dialogue within the framework of the R-ARCSS is the only way of resolving disagreements

Excellencies, Ladies and Gentlemen,

13. Regarding humanitarian assistance and reconstruction, the humanitarian situation in South Sudan continues to deteriorate because of subnational conflicts, widespread flooding, deepening food insecurity, high food prices, and lack of access to basic services. I would like to underscore that violence at the subnational level also increases the number of displaced people, strains the already scarce humanitarian support, and further impacts negatively on humanitarian access. I appeal to the RTGoNU to address the roots causes of violence at the subnational level, provide humanitarian support and services, and ensure the protection of civilians.

14. Whereas voluntary returns continue to be reported, especially from Uganda, instability and flooding compound internal and cross border displacement of communities, notably in Eastern and Central Equatoria. At least 90,000 returnees are reportedly displaced within the country, unable to reach their homes. All returnees and IDPs should be enabled to go home in safety and dignity, as per article 3.1.1.5.

15. On resource, economic and financial management, it is commendable that the RToGNU has operationalised the South Sudan Pension Fund (SSPF) that was launched in 2019 in accordance with the South Sudan Pension Fund Act 2012. I would like to encourage the RTGoNU to extend this social protection system to cover a wider cross-section of society, including the organised forces.

16. The reviewed Bank of South Sudan Act 2010 needs to be enacted in order to encourage greater accountability and transparency in the financial sector, and for the Bank of South Sudan to perform other functions conferred upon it by law. I appeal to the RTGoNU to forward this bill to the Transitional National Legislative Assembly for enactment to allow the Bank of South Sudan to implement them outstanding provisions in this chapter.

Excellencies, Ladies and Gentlemen,

17. Regarding transitional justice, I am informed that preparations are well advanced for the national consultations to help shape the legislation that establishes the Commission for Truth,

Reconciliation and Healing, and that the Ministry of Justice and Constitutional Affairs expects to begin them next week. I would like to underscore that involving the people of South Sudan in the development of transitional justice mechanisms is of great importance.

18. On the Hybrid Court for South Sudan, last week I had the opportunity to meet the African Union Commission (AUC) Chairperson to discuss the implementation of the Revitalised Agreement, including the establishment of the Hybrid Court. My recommendation was for the AUC to engage the RTGoNU with a view to encouraging them to give full attention to transitional justice.

19. With regard to the Permanent Constitution-making process, let me again remind all of us that the ordinary citizens of the Republic of South Sudan stand to benefit greatly from a people-led and people owned permanent constitution-making process. The permanent constitution is essential to guide the way to elections. Furthermore, the Preamble of the Revitalized Peace Agreement is clear that the “Parties are determined to compensate the people of South Sudan by recommitting themselves to peace and constitutionalism.” I  therefore urge the Transitional National Legislature to enact the Constitution-Making Process Bill to kick start this important process without any further delay.

20. Now for a word on the RJMEC Working Committees. These are an important part of RJMEC’s monitoring and evaluation functions, and they work well when attended properly. However, the persistent absence of some members frustrates the work of these committees, and therefore it lowers their effectiveness at a time when the ongoing implementation of the R-ARCSS needs support from all sides. I would like to reiterate my previous calls for their members to make greater efforts to attend these very important meetings.

Excellencies, Ladies and Gentlemen,

21. I would like to conclude with the following recommendations:  a. urge the reconstituted Transitional National Legislature to expedite the enactment of the pending security, political parties

and constitution-making bills;

b. urge the operationalisation of all the remaining State Legislatures;

c. call upon the RTGoNU to urgently restore peace and security in the regions affected by conflict and violence;

d. urge the armed Signatory Parties to exercise full command and control of their forces, and to hold their troops accountable for any violations, as well as devising corrective and preventive measures where necessary;

e. urge the RTGoNU to complete the Transitional Security Arrangements, including resolving the issues of unified command and force ratios, and redeployment of unified forces, as well as implement DDR programmes as part of the unification process;

f. urge the RTGoNU to extend the South Sudan Pension Fund across a wider cross-section of society, including the organised forces; and g. urge the RTGoNU to ensure that the public consultations surrounding the establishment of the Commission for Truth, Reconciliation and Healing are comprehensive and meaningful and commence without further delay.

22. Lastly, I would like to remind the Parties that there is less than one year before the end of the Transitional Period, which should conclude with the holding of elections. Therefore, the roadmap and strategy to be developed by the RTGoNU should, among other things, set out the tasks most critical for the conduct of free, fair and credible elections, given the dwindling time left to implement the Peace Agreement. In doing so, I remind all Parties once again of their commitment, expressed in the Preamble of the Agreement, “to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law.”

I encourage all of you to participate in our debates this morning to the fullest at this critical time. I wish you fruitful deliberations.

I Thank You.