Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. I welcome you all to the 25th meeting of the RJMEC. We last met on 17 November, four weeks ago, and we are here today following a period of focused and intense regional engagements. There have been recent meetings of the IGAD Council of Ministers, the African Union Peace and Security Council, and the United Nations Security Council, during which the fast-tracking of the peace process in the Republic of South Sudan has been top of the agenda, as it was at the recent Sixth Governor’s Forum.
2. On 30 November 2022, RJMEC attended and engaged with the IGAD Council of Ministers at its 48th Ordinary Session in Khartoum, Sudan, and addressed the African Union Peace and Security Council on the same day. I also briefed the UN Security Council last night.
3. With respect to the IGAD meeting, allow me to highlight some of the critical resolutions made concerning implementation of the Revitalised Peace Agreement:
a) the Council welcomed the roadmap;
b) urged the RTGoNU and Parties to implement the Roadmap in letter and spirit;
c) decided to undertake a joint ministerial visit to Juba;
d) to hold a bi-annual Extraordinary IGAD Council of Ministers meeting to review progress in implementation of the Revitalised Peace Agreement; and
e) to convene a meeting of the IGAD Chief of Defence Forces to assess the immediate needs of CTSAMVM.
4. Regarding the AU Peace and Security Council meeting held on 30 November, it reiterated the commitment of the AU as a guarantor of the Revitalised Agreement, requested that its Panel of the Wise visit South Sudan, and it also decided to undertake a solidarity visit to South Sudan on the third anniversary of the formation of the Transitional Government on 22 February 2023. Clearly, RJMEC’s appeals regarding the importance of consolidating our efforts, speaking with one voice, and bringing our collective leverage to bear and push for timely implementation of the Roadmap has been taken seriously, and this augurs well for South Sudan.
5. I also had the opportunity recently of briefing the President of the Republic of Kenya, H.E. Dr. William Ruto, on issues related to the Revitalised Peace Agreement. Furthermore, the holding of the Inter-Parliamentary games here in Juba, featuring so many Members of Parliament from the East African region, is a very positive signal.
6. The leaderships in the region and beyond have shown their determination to urgently build on recent progress in order to push for more implementation. Therefore, it is incumbent upon the Revitalised Transitional Government of National Unity (RTGoNU) to match that level of determination in the pace of implementation of the Roadmap.
7. Furthermore, the recently concluded Sixth Governor’s Forum, with the theme ‘Accelerating the implementation of the Revitalised Peace Agreement in accordance with the Roadmap 2022’, also provided a high-level platform to deliberate the issues which are critical to the timely implementation of the Agreement.
8. Thus as we come to the close of the year 2022, my statement this morning will only highlight the most recent developments in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) in accordance with Roadmap since our last Plenary. I will focus on progress made, outstanding tasks within the Roadmap timeframe, and conclude with recommendations.
Excellencies, Ladies and Gentlemen,
9. First, governance. Since we last met, the National Constitutional Amendment Committee (NCAC) has made significant progress drafting key priority legislation, with the National Elections Act 2012 and Anti-Corruption Commission Act 2009 both recently completed and submitted to the Minister of Justice and Constitutional Affairs. Additionally, the NCAC has begun its review of the National Revenue Authority Act, and the Bank of South Sudan Act, and the Banking Act to ensure alignment with the R-ARCSS. That said, these bills are yet to be presented to the Council of Ministers or tabled to the Transitional National Legislature. I urge further progress in this regard.
10. Next, security. The graduation on 21 November in Malakal, Upper Nile State, brings the total of those graduated in Phase 1 of the unification of forces to approximately 49,000 out of the target 53,000. As reported at the last Plenary, commencement of Phase 2 of forces was to have begun by 30 September 2022. It is expected that Phase 2 will involve troops assembling in the Cantonment Sites with weapons ready to move to training areas. I look forward to receiving an update from the Joint Defence Board.
11. Next, regarding CTSAMVM verified violations of the Transitional Security Arrangements. In my last plenary statement, I highlighted two violation reports, namely, 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. I would like to report that RJMEC received a response from the SSPDF Chief of Defence Forces on the latter, who informed us that the investigation was concluded, and the matter is before the court. In the same vein, it is important that RJMEC’s other letters about violation reports are responded to.
12. Since the last Plenary, CTSAMVM has written further violation reports about denial of access, information and harassment of CTSAMVM personnel at Wunliet Cantonment Site in Central Equatoria State, and recruitment and training in Northern Bahr el Ghazal state. CTSAMVM will provide further details.
13. As highlighted in our recent joint statement of RJMEC, UNMISS, the African Union Mission in South Sudan, IGAD, and some members of the international community, RJMEC is deeply concerned over the escalating violence in both Upper Nile and Jonglei States with innocent lives being lost, thousands displaced, livelihoods and property destroyed. If not addressed urgently, the wider ramifications of such violence could destabilize the ongoing implementation of the Peace Agreement. It is important that CTSAMVM, which reports to RJMEC, be given the necessary resources to investigate and evaluate such incidents of violence.
14. In terms of humanitarian affairs, according to UN OCHA, an estimated 9.4 million people are expected to have humanitarian and/or protection needs in 2023, an increase of half a million people since 2022. As we know, there are growing concerns that the magnitude and severity of humanitarian needs are persistent and rising. Therefore, I would like to reiterate the importance of the establishment of the Special Reconstruction Fund, a critical coordinating mechanism for recovery and development efforts. I appeal to the RTGoNU to establish the Board of the Special Reconstruction Fund, and for it to work closely with partners to mobilise the requisite resources, including through the South Sudan pledging conference.
15. On the management of economic and financial resources, it is encouraging to note that overall, the RTGoNU has registered some milestones in policy reviews and the management of natural resources, agricultural policies, strategies and programmes. The National Land Policy is now in its final stage. However, the policy for the management and use of the country’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.
16. On Chapter 5, transitional justice, RJMEC expects public consultations with refugees and persons in the diaspora to commence soon to further guide the drafting of the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH). The Ministry of Justice continues to undertake expert consultations that will inform the Compensation and Reparation Authority (CRA) legislative framework. RJMEC urges the Ministry to complete this phase of the process and expedite the drafting of the CTRH and the CRA Bill.
17. On Chapter 6, the parameters of the permanent constitution, I am informed that the Constitution-making Process Bill 2022 passed by the Transitional National Legislature (TNL) has not yet been submitted to the President for assent to become law. This is important to kickstart the reconstitution and appointment of the relevant institutions essential for the making of the new constitution, which include the National Constitutional Review Commission, the Preparatory Sub-Committee for the convening of National Constitutional Conference, and then, the Constitution Drafting Committee.
18. Meanwhile, it is important to note that the Agreement institutions and mechanisms, such as the NCAC, Judicial Reform Committee, CTSAMVM, among others, are critical to the ongoing implementation of the Agreement. It is essential that the allowances of their national members continue to be paid in order to facilitate their work, and I would like to receive a report from the National Transitional Committee on this matter.
Excellencies, Ladies and Gentlemen,
19. As I have said previously in this forum, peaceful and democratic elections are within our reach, and are possible in the next 24 months, if we focus our collective efforts on facilitating progress. My recommendations to the RTGoNU are as follows:
a) adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks;
b) urge the reconstituted TNL to expedite the processing of all Bills before the Legislature;
c) commence with Phase 2 of the unification of forces, which is overdue, and avail funding and political support to the DDR programmes, which is an essential component of the unification of forces;
d) address subnational violence, especially in Upper Nile and Jonglei States, hold perpetrators accountable, and take steps to address the root causes and protect civilians and their property;
e) kickstart preparations for the reconstitution and appointment of the critical Constitution Making mechanisms and institutions, including giving due attention to the 35% level of women’s participation, as well as taking note of youth and people living with disabilities; and
f) take note of both the communiques from the 48th Ordinary Session of the IGAD Council of Ministers and the 1123rd meeting of the AU PSC from their 30 November meetings on South Sudan.
20. In conclusion, I would like to highlight the first resolution of the Sixth Governor’s Forum, which affirmed the “commitment of the States and the Administrative Areas to implementation of the R-ARCSS through the Roadmap 2022.” With this in mind, and against the backdrop of the diplomatic support affirmed at the recent IGAD, AU Peace and Security Council and UN Security Council meetings, RJMEC expects that progress should be more rapid and substantial in the new year 2023.
21. As I told the Governor’s Forum, there are immense tasks and expectations ahead, and even with the extension, time is of the essence. The people of South Sudan deserve nothing less than total implementation of the Roadmap in letter and spirit in order to enjoy the peace dividends that it brings.
22. I would like to finally take this opportunity to wish each one of you a very Merry Christmas, and may the New Year bring you the strength and impetus to continue with the important work of building durable peace in South Sudan.
I Thank You.
- President of the UN Security Council,
- Distinguished Members of the Council,
- Excellencies,
- Distinguished Ladies and Gentlemen,
1. It is my pleasure to brief the Security Council today, which is just over nine months since I last briefed this august Council. I would like to take this opportunity to thank this Council for the invitation, expressed in UNSC Resolution 2633, adopted on 26 May 2022, to “share relevant information with the Council, as appropriate, on its assessment of the parties’ implementation of the Revitalised Agreement, adherence to the Cessation of Hostilities Agreement, and the facilitation of unhindered and secure humanitarian access.” Furthermore, article 7.9 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) mandates us to report, inter alia, to this Council every three months.
2. The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) is the official oversight body mandated to monitor, evaluate, and report on the implementation of the Revitalised Agreement. RJMEC oversees the mandate and tasks of the Revitalised Transitional Government of National Unity (RTGoNU), including the adherence by the Parties to the agreed timelines and implementation schedule. RJMEC is comprised of 43 members, as per article 7.2, including the Parties to the Agreement, other South Sudanese stakeholders, regional guarantors, UNMISS, IGAD countries, the AU, People’s Republic of China, and the Troika, all of which participate in the delivery of our mandate.
3. My briefing to this Council will focus on the key milestones achieved in the implementation of the Revitalised Peace Agreement since my last report in March 2022, and critical pending tasks. I will also highlight challenges, and conclude with my recommendations.
Mr. President
4. As reported to this Council in March 2022, due to the slow pace of progress of the implementation of the Revitalised Peace Agreement, RJMEC urged the Revitalised Transitional Government to prepare a roadmap, including its strategy for implementing the Agreement’s critical outstanding tasks.
5. The Revitalised Transitional Government duly developed a roadmap setting out the path to peaceful and democratic elections. The Roadmap, entitled “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”, has been endorsed by the RJMEC and ratified by the Reconstituted Transitional National Legislature (TNL) in accordance with Article 8.4 of the Revitalised Peace Agreement. This detailed document, developed and owned by the Parties to the Agreement themselves, contains a wide range of critical tasks and timelines, which, if implemented fully in letter and spirit, would ensure the conduct of peaceful and credible democratic elections in December 2024.
Mr. President,
6. I will now give a chapter-by-chapter update on progress. On Governance, the reconstituted Transitional National Legislature (TNL) passed the following bills: the South Sudan People’s Defense Force Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill and the Constitution-making Process Bill. Other bills, such as the National Prisons Service Bill and the Civic Defense Service Bill, are being processed by the TNL.
7. In addition, the National Constitutional Amendment Committee has reviewed and drafted several amendments to the key priority legislation, including the National Audit Chamber Act, Public Finance Management and Accountability Act, Petroleum Act, Petroleum Revenue Management Act, the National Elections Act and the Anti-Corruption Commission Act. It is currently reviewing the National Revenue Authority Act, the Bank of South Sudan Act, and the Banking Act.
8. The outstanding governance tasks required by Chapter 1 include the judicial reforms in article 1.17, the completion of reforms of national Institutions and Commissions, listed in article 1.19, and the reconstitution of the Political Parties Council, the amendment of the National Elections Act, and the reconstitution of the National Elections Commission, in article 1.20.
9. On the Permanent Ceasefire and Transitional Security Arrangements, the Revitalised Transitional Government resolved the impasse over the Unified Command structure, including the appointments of unified Commanders in April 2022. Furthermore, approximately 49,000 out of 53,000 Necessary Unified Forces of Phase 1 have been graduated. However, Phase 2 of the unification of forces, which will complete the graduation of the Necessary Unified Forces, has not yet begun, and is overdue.
10. That said, insecurity persists in some parts of South Sudan. As highlighted in our recent joint statement of RJMEC, UNMISS, the African Union Mission in South Sudan, IGAD, and some members of the international community, RJMEC is deeply concerned over the escalating violence in both Upper Nile and Jonglei States with innocent lives being lost, thousands displaced, livelihoods and property destroyed. If not addressed urgently, the wider ramifications of such violence could destabilize the ongoing implementation of the Peace Agreement. It is important that the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), which reports to RJMEC, be given the necessary resources to investigate and evaluate such incidents of violence.
11. There are critical Transitional Security Arrangements tasks which have not yet been completed. They include the funding and operationalisation of Disarmament, Demobilisation and Reintegration Commission programmes, and the Strategic Defence and Security Review, which is critical for security sector reforms.
12. Regarding Humanitarian Assistance and Reconstruction, some humanitarian corridors remain opened and continue to facilitate free movement of goods, services and people across borders, including the voluntary return of more than 600,000 people since 2018. However, various factors have exacerbated the already dire humanitarian situation in the country. These include prolonged subnational violence; widespread floods; food insecurity; reduced funding and humanitarian access, and lack of basic services. Furthermore, the establishment of the Special Reconstruction Fund, in article 3.2 of the Agreement, a critical coordinating mechanism for recovery and development efforts, is long overdue.
13. As for Resource, Economic and Financial Management, it is encouraging to note that the Revitalised Transitional Government has initiated reforms in Public Financial Management, and relevant banking and resource management laws are being reviewed. Furthermore, policy reviews and the management of natural resources, agricultural policies, strategies and programmes are underway. However, the comprehensive policy for the use and management of the country’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.
14. On Transitional Justice, the Revitalised Transitional Government conducted public consultations to help guide the legislation for the establishment of the Commission for Truth, Reconciliation and Healing (CTRH). The drafting of the CTRH Bill and the Compensation and Reparation Authority Bill is ongoing. On the Hybrid Court for South Sudan, the responsibility for its establishment lies with the African Union Commission working with the Revitalised Transitional Government, and this is still pending.
15. The making of the permanent constitution is critical for guiding the conduct of elections at the end of the Transitional Period and some progress has been made in this regard. On 24 October 2022, the reconstituted Transitional National Legislature passed the Constitution Making Process Bill 2022, but it has yet to be presented to the President for assent. Once signed into law, the Revitalised Transitional Government is expected to reconsitute and appoint all the institutions essential for the making of the permanent constitution.
Mr. President,
16. During the Roadmap phase, it is critical that the Revitalised Transitional Government provides 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 and expedite implementation of all critical outstanding tasks.
17. There is also need for all actors, parties and stakeholders alike, including partners and friends of South Sudan to focus more on facilitating progress. To achieve these, there is need to continue building trust amongst the Parties; enhance capacity of implementers; address subnational violence, and the dire humanitarian situation. Furthermore, RJMEC, and CTSAMVM in particular, face significant operational challenges following the withdrawal of US funding.
Mr. President,
18. I would like to close my statement with the following recommendations to this august Council:
a. increase engagements with the Revitalised Transitional Government to adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks;
b. urge member states to provide political, technical, and logistical support to the Revitalised Transitional Government for the implementation of the priority areas of the Roadmap, including the DDR process, the Permanent Constitution-making process, and elections;
c. encourage the Revitalised Transitional Government to ensure civic and political space are guaranteed and protected throughout the country;
d. appeal to the Revitalised Transitional Government to urgently address the root causes of intercommunal violence and insecurity in the country, especially in Upper Nile and Jonglei States;
e. further appeal to the Revitalised Transitional Government, in collaboration and support of international partners and friends of South Sudan, to establish and operationalise the Special Reconstruction Fund to pave the way for the mobilisation of resources for post-conflict recovery and reconstruction; and
f. appeal to member states to consider political, logistical and financial support to the monitoring and oversight institutions, RJMEC and CTSAMVM, to enhance their operational capabilities.
19. Finally, Madam President, I would like to appeal to the Council to remain seized of the peace process in South Sudan, and to consider undertaking regular visits to South Sudan as a show of solidarity. IGAD and the AU have responded very positively to RJMEC’s recent appeals for enhanced engagement with South Sudan. The importance of consolidating our efforts, speaking with one voice, and bringing our collective leverage to bear and pushing for timely implementation of the Roadmap cannot be overemphasised.
20. For the Roadmap to be implemented in letter and spirit within the stipulated timeline, the full support of the Security Council will be of great importance as the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan continues to offer the best opportunity of lasting peace in South Sudan.
I Thank You.
H.E. Dr. Wani Igga, Vice President of the Republic of South Sudan and Head of Economic Cluster
Hon. Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs
Hon. Ngor Kolong Ngor, Chairperson Anti-Corruption Commission
Honourable Ministers present
Excellencies, Members of the Diplomatic Corps,
Distinguished Ladies and Gentlemen
Good morning!
I am deeply honoured and privileged to speak on this occasion to mark the International Anti-Corruption Day in the Republic of South Sudan. I bring you greetings and sincere apologies from H.E Amb. Maj. Gen (rtd) Charles Tai Gituai, Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) who unfortunately could not attend this important event due to unavoidable circumstances.
I thank Hon. Ngor Kolong Ngor, Chairperson of the Anti-Corruption Commission for inviting RJMEC and for organizing this event. I also thank UNMISS for partnering with and supporting the Commission to make this event a success.
Excellencies, Ladies and Gentlemen
There is no doubt that corruption, misuse and abuses of public resources is one of the major conflict drivers and indeed a huge impediment to economic development, social services delivery, peacebuilding and transformation in every society. That is why reforms geared at promoting accountability, prudent and transparent management of public finances and oil revenues are at the core of the implementation of the Revitalized Peace Agreement.
Indeed, a whole chapter, Chapter 4 of the R-ARCSS is dedicated to resource, economic and financial management reforms including institutional reforms, legislative reforms, oil/petroleum management, land reforms, environmental protection, wealth sharing and revenue allocation, public expenditure, borrowing, public finance management and enterprises development funds.
As you may all know by now, some good progress is being made in this regard. The Revitalized Transitional Government of National Unity has initiated a number of reforms in Public Financial Management including operationalization of the treasury single account, creation of the Public Procurement and Asset Disposal Authority and review of several legislation including the Public Financial Management Act, National Audit Chambers Act, Petroluem Act, Petroluem Revenue Management Act, and the Anti-Corruption Commissions Act.
All these laws have now been reviewed by the National Constitutional Amendment Committee (NCAC) which has drafted Amendment Bills and handed them over to the Minister of Justice and Constitutional Affairs. These laws have been amended to align them with the Revitalized Peace Agreement and international best practices in order to ensure transparency and accountability. In the case of the Anti-Corruption Commission Bill, once enacted, the Commission will be reconstituted in accordance with the amended Act fully empowered to fight corruption and it will have all our support, consequently, South Sudan will have some of the most progressive and effective legal frameworks in the management of public finances and resources, including in the fight to combat corruption. What will remain however will be their full implementation and for this to happen, we must all play a role.
Therefore, the theme chosen for today’s celebration is particularly relevant for South Sudan, that is: “Your Role, Your Right. Say No to Corruption, Your No Count”. We are all being called to action.
Excellencies, Ladies and Gentlemen
As we mark this international day, dedicated to highlight the rights and responsibilities of all stakeholders-including states, government officials, civil servants, law enforcement officers, media, private sector, civil society, academia, women, youth, and the public generally in tackling corruption, let it begin with us here. Let us all say no to corruption.
RJMEC would like to use this opportunity to appeal to the RTGoNU, in particular to the Honorable Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs to expeditiously present all the amendment bills already submitted to him, by the NCAC to the Council of Ministers and table the same before the reconstituted TNLA for enactment soonest possible. Further, we appeal to the Honorable Madam Speaker to forward the Constitution Bill to H.E. the President for assent. The enactment of these pending laws and the assent of the Constitution Bill will lay a firm foundation for transparency and accountability in the Republic of South Sudan and aid our collective efforts towards implementation of the Peace Agreement for a democratic process of governance that is able to combat corruption.
As I conclude, I appeal to our regional and international partners to support the efforts of the Government and people of South Sudan to curb this vice of corruption, by building capacitie of critical institutions, like the Anti-Corruption Commission and Audit Chambers and put in place the necessary systems to investigate and curb the multifaceted challenges of corruption, including by sharing best practices.”
I thank you all and wish you a successful event.
STATEMENT BY H.E. AMBASSADOR MAJ. GEN. (rtd) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE HIGH-LEVEL GOVERNORS’ FORUM
Wednesday, 23 November 2021, Juba, South Sudan
- Your Excellency Gen. Salva Kiir Mayardit, President of the Republic of South Sudan
- Your Excellency Dr Riek Machar Teny, First Vice President of the Republic of South Sudan and Chair of Governance Cluster;
- Your Excellency, Dr James Wani Igga, Vice President of the Republic of South Sudan and Chair of Economic Cluster;
- Your Excellency, Taban Deng Gai, Vice President of the Republic of South Sudan and Chair of Infrastructure Cluster;
- Your Excellency, Hussein Abdel Bagi, Vice President of the Republic of South Sudan and Chair of Services Cluster;
- Your Excellency, Rebecca Nyandeng De Mabior, Vice President of the Republic of South Sudan and Chair of Youth and Gender Cluster;
- The Rt Hon. Jemma Nunu Kumba, Rt Hon. Speaker of the Reconstituted TNLA,
- Your Excellency, Nicholas Haysom, SRSG and Head of UNMISS
- Honourable Ministers,
- Governors, Deputy Governors and Chief Administrators of the Administrative Areas
- Excellencies Ambassadors,
- Distinguished Ladies and Gentlemen,
Good morning!
1. It is my distinct honour to address this 6th High-Level Governors’ Forum, as the Interim Chairperson of the RJMEC this morning. When I had the privilege to address this Forum last year, I emphasized the core responsibility of the RTGoNU executives at national and state levels to ensure the full and timely implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
2. This November, the implementation of the R-ARCSS is already in its fifth year since it came into force in 2018. Notwithstanding the challenges, progress has been witnessed over the past years, including resolution of the number of states and their boundaries, establishment of executive and legislative arms of government at national and state levels, legal and institutional reforms, adherence to the permanent ceasefire, unification of the Command Structure and graduation of the first batch of the unified forces, among others.
3. However, aware of the fact that there are critical outstanding tasks of the R-ARCSS within the limited timeframe left, RJMEC requested the Parties to the R-ARCSS to prepare a roadmap and strategy for the implementation of the outstanding tasks.
4. On 2nd August, the Parties reached consensus on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the R-ARCSS. The Council of Ministers of the RTGoNU endorsed it on 4th August, RJMEC consented to it on 1st September and the RTNL ratified it on 16th November 2022 pursuant to article 8.4 of the R-ARCSS. The Roadmap, which now extends the Transitional Period by 24 months from February 2023 to February 2025, was developed and owned by the Parties to the R-ARCSS themselves.
5. It is encouraging that the theme of the 6th Governor’s Forum is themed ‘accelerating the implementation of the Revitalized Peace Agreement in accordance with the Roadmap 2022. This Forum, which is such an influential policy platform, is a very timely way in which to collectively address this issue, and I would like to thank the Ministry of Presidential Affairs, with support from the UNDP, for all their work in putting this Forum together. In particular, enhancing collaboration between all the RTGoNU structures from the national to the State levels is critical, particularly for timely, effective and efficient implementation of the R-ARCSS.
6. In line with the mandate of RJMEC, my statement this morning will focus on the status of implementation of the R-ARCSS to date chapter by chapter, highlight key pending tasks, recurring challenges, and conclude with recommendations.
Excellencies, Distinguished Ladies and Gentlemen,
7. With regards to Chapter 1 on the RTGoNU, a number of tasks have been completed, key among these being:
a. the number of states and their boundaries was resolved in February 2020 by returning to 10 states and three Administrative Areas, from the previous figure of 32 states;
b. formation of government structures at the national and sub-national levels, including the executives and Transitional National Legislature and State Assemblies;
c. incorporation of the Revitalised Peace Agreement into the Transitional Constitution of the Republic of South Sudan (TCRSS) 2011, as amended;
d. the passing of numerous pieces of legislation by the Transitional National Legislature, including the Constitutional Amendment Bills, the SSPDF Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill; and the Constitution-making Process Bill, and ratification of the Roadmap; and
e. initiating judicial reforms through the establishment of the ad-hoc Judicial Reform Committee in July 2022.
8. Some key tasks of Chapter 1 remain outstanding. They include the restructuring and reconstitution of the Institutions and Commissions at the national level, judicial reforms and tasks related to elections. A focus on elections is important because it is a central task of the Revitalised Peace Agreement, and the Roadmap itself is geared towards a peaceful and democratic end of the Transitional Period. In the opinion of RJMEC, careful attention to the following will greatly assist in accelerating the implementation of the Agreement, which is critical for this Forum:
a. provision of an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process;
b. the process of making of the permanent constitution, the provisions of which will guide elections;
c. completion of the phase 2 of the unification and redeployment of all the Necessary Unified Forces (NUF);
d. the Political Parties Council needs to be reconstituted and operationalised;
e. the National Elections Act, 2012 must be reviewed and amended so that it conforms to the R-ARCSS and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections;
f. implementation of programmes for relief, protection reconstruction, repatriation, resettlement, rehabilitation and reintegration of refugees, IDPs and returnees;
g. various critical election processes must begun early, such as voter registration, and publication of the voters register six months prior to elections; and
h. the security forces must prepare for elections-related security tasks at least six months before the end of the Transitional Period.
9. On the Permanent Ceasefire and Transitional Security Arrangements (TSA), the completed tasks include:
a. establishment or reconstitution of key Chapter II Security Mechanisms;
b. establishment of Cantonment Sites and Training Centres throughout the country, and graduation of the Necessary Unified Forces has begun, with only one more graduation event scheduled to take place before Phase I is completed;
c. reconstitution of the DDR Commission as a critical component of the unification of forces;
d. the holding of the Permanent Ceasefire between the Parties to the R-ARCSS despite violations at the tactical level; and
e. Agreement on the Unified Command structure of the united forces.
10. Considering the fact that Transitional Security Arrangements are the backbone of the Agreement, it is important to flag the outstanding tasks, which were supposed to have been accomplished by 30 September 2022 as provided for in the Roadmap. These tasks include: redeployment of Phase 1 of the graduated NUF and commencement of its Phase 2; finalisation of the Strategic Defence and Security Review documents; provision of clear and predictable funding for DDR programmes; and development of a clear plan for the management of weapons from troops going to training centres.
11. However, the conditions of instability in parts of the country, such as in some areas of the Equatoriasand Greater Upper Nile are complicating the implementation of the Transitional Security Arrangements. Subnational or inter-communal violence continues to sap the energy from full implementation of Chapter 2, as do the activities of the holdout groups. In particular, the State Governors present here today have a very important role to play in addressing these incidents of instability and the conditions which give rise to them.
Excellencies, Distinguished Ladies and Gentlemen,
12. Under Chapter 3 of the Revitalised Peace Agreement on humanitarian affairs, the opening of some humanitarian corridors which have facilitated free movement of goods, supplies, services, and people across borders, enabling some voluntary returns is a critical benchmark. According to reports from UNHCR, at least half a million South Sudanese refugees have spontaneously returned home since October 2018.
13. Conversely, the current humanitarian context in the country presents a worrying picture. The magnitude and severity of humanitarian needs have continued to rise, due to the cumulative effects of prolonged community-based conflicts, widespread flooding, and high levels of food insecurity. Also, there are concerns regarding access and safety of humanitarian workers and their assets. This year alone, eight aid workers lost their lives.
14. Under this chapter 3 therefore, there are critical tasks awaiting to be implemented. They include the establishment of the Special Reconstruction Fund and the Board of the Special Reconstruction Fund (SRF), including preparation for the SRF programme and a detailed action plan for the reconstruction of conflict affected states and other areas. The requirement for the SRF of an initial funding of not less than USD 100 million per annum by 30th August 2022 in accordance to the Roadmap,has not been implemented. Without establishing the SRF, the South Sudan pledging conference cannot be convened. In addition, the R-ARCSS requires that the 2016, NGO Act should be reviewed to ensure that it is aligned with international best practices. But this law is yet to be reviewed and amended.
15. The tasks which are within the purview of the RTGoNU to be addressed include: the creation of an enabling environment for the delivery of humanitarian assistance; instituting programmes for relief protection, repatriation, reintegration and rehabilitation of IDPs and returnees, and offer special consideration to the war-affected persons in the provision of public service delivery, including access to health and education; guaranteeing the rights of refugees to return in safety and dignity, and the rights of returnees and assist in the reunification of separated families; guaranteeing refugee and IDP citizenship and ensuring IDs and all documentation for spouses, property and land; and guaranteeing the rights of returnees and IDPs to return to their places of origin and/or live in areas of their choice in safety and dignity.
16. Chapter 4, on Resource, Economic and Financial Management. During the Agreement period so far, critical benchmarks have been reached in the following areas:
a. establishment of a competent and effective mechanism that oversees revenue collection, budgeting, revenue allocation and expenditure;
b. review of all current employment in the oil sector;
c. review, vetting and taking of corrective measures on all contracts awarded to oil service companies;
d. review and audit of the previous allocation and transfer of the 2% and 3% made to oil producing States and counties since 2011;
e. progress by the Ministry of Petroleum in implementing reforms in the petroleum sector, including in the areas of employment and more transparent operations in the sale of oil.
17. Overall, however, public financial reforms have been slow. The tasks in need of careful attention include:
a. completion of the audits designed to enhance the transparent management of the petroleum resources, such as the cost recovery audit and environment audit;
b. completion of the audit of the Government’s Financial Statements, and completion of the review of banking laws;
c. review of the Fiscal and Financial Allocation Monitoring Commission;
d. closing any Petroleum revenue accounts other than those approved by law, which was supposed to have been completed by 30th August 2022; and
e. review of the Petroleum Act 2012, the Anti-Corruption Commission Act 2009 and the Audit Chamber Act 2011.
Excellencies, Distinguished Ladies and Gentlemen,
18. In terms of Transitional Justice, Chapter 5; as we know the Agreement provides for the establishment of three mechanisms, namely: Commission for Truth Reconciliation and Healing (CTRH); the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA).
19. The following benchmarks have been achieved under the chapter:
a. approval of a roadmap for the implementation of chapter 5;
b. appointment of a ministerial task force to coordinate day to day implementation of Chapter 5;
c. establishment of a consultations mechanisms i.e., the Technical Committee on CTRH establishment;
d. the launch and completion of the first phase of public consultations that will inform the legislation establishing the Commission for Truth Reconciliation and Healing (CTRH);
e. study tours of The Gambia and later this month South Africa, to understand their transitional justice experiences, particularly around truth seeking and reconciliation processes;
f. commencement of the drafting of the CTRH bill; and
g. consultations commenced on good practices that will inform the Compensation and Reparation Authority legislative framework.
20. That said, none of the three mechanisms is established. Key outstanding tasks include: conducting public consultations with the other remaining stakeholders, such as refugees, IDPs and the Diaspora for the establishment of CTRH; establishment of CTRH by law, which was to be done by 30thOctober 2022 and operationalised by 30th November 2022; and initiation of legislation to establish the Hybrid Court for South Sudan and the Compensation and Reparation Authority.
21. Regarding Chapter 6, the constitution-making process was initiated by the RTGoNU in January 2021 with the adoption of a roadmap developed by the Ministry of Justice and Constitutional Affairs (MoJCA). RJMEC convened a workshop for the Parties and Stakeholders who agreed on the details for conducting the constitution-making process in May 2021, and its resolutions informed the Constitution-making Process Bill 2022 drafted by the Ministry of Justice and Constitutional Affairs and passed by the Transitional National Legislature last month, October.
22. Once the Bill becomes law, it will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), including the establishment of the Preparatory Sub-Committee for the convening of the National Constitutional Conference. The Agreement requires the Parties and other Stakeholders to submit the list of their nominees to the taskforce within 30 days after the coming into force of the Bill. Also, the Reconstituted NCRC is mandated to recruit the members of the Constitution Drafting Committee (CDC). These bodies are critical in the making of the new constitution to guide the conduct of elections at the end of the Transitional Period.
Excellencies, Distinguished Ladies and Gentlemen,
23. Throughout the period of implementation, various challenges have surfaced again and again. They include among others: the cumulative effects of prolonged subnational and inter-communal conflicts; capacity gaps; lack of funding; and the dire humanitarian situation contributed to by natural disasters such as floods.
24. Despite these challenges, and bearing in mind the slow pace of implementation, the Roadmap provides an opportunity to renew the impetus for building peace in South Sudan. There are immense tasks ahead, even with the extension, and time is of the essence. The people of South Sudan deserve nothing less than total implementation of the Roadmap in letter and spirit in order to enjoy the peace dividends that it brings.
25. In conclusion, I would like to offer the following recommendations to the RTGoNU, which also comprise you, the Governors. Firstly, adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks. Next, all outstanding bills to be passed expeditiously by the TNLA. Then, pay careful attention to implementing all the tasks necessary for the smooth conduct of credible elections at the end of the extended Transitional Period. Throughout all governance-related tasks and appointments, ensure women’s participation in governance and decision-making at the Agreement-mandated level of 35%. Also please consider the Youth and People Living with Disabilities as well.
26. Next, complete phase 1 graduation and redeployment of the Necessary Unified Forces, and commence with phase 2, which is overdue, and avail funding and political support to the DDR programmes, which is an essential component of the unification of forces. Also important is to undertake initiatives aimed at addressing inter-communal violence and the conditions which contribute to it. Finally, RJMEC recommends to fast track the establishment and operationalisation of the Transitional Justice mechanisms, and to ensure a people-led and people-driven constitution making process.
27. The end state of the Revitalised Peace Agreement is democratic transition through elections, and I have listed some of the key tasks to be implemented to help ensure their smooth conduct. State Governments have a strategic role to play in creating an enabling environment for the successful implementation of the R-ARCSS, including the conduct of elections.
28. I implore you to work collegially and in close collaboration with the national government, other state governments, lower-level government structures within your states, local capacities, and infrastructures for peace to ensure conflict early warning and mitigation, prevention, response and management. Your efforts will guarantee social cohesion, community security, safe political and civic space, public consultations during the permanent constitution-making process as well as during the time for conducting elections.
29. Finally, as the heads of State Government, I urge you to continue providing leadership in your respective States, strive to put the interest of the country first and work with your counterparts, no matter their political affiliations or identities, within the spirit of collegiality to implement the Revitalized Agreement of the Resolution to the Conflict in the Republic of South Sudan - R-ARCSS.
I Thank You.
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:
- a. provision of an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process;
- b. the making of the permanent constitution upon whose provision elections will be conducted;
- c. completion of the unification and redeployment of the Necessary Unified Forces (NUF);
- d. reconstitution of the Political Parties Council and its immediate operationalisation;
- 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;
- f. implementation of programmes for relief, protection reconstruction, repatriation, resettlement, rehabilitation and reintegration of refugees, IDPs and returnees;
- g. Early preparations for election processes, including voter registration and thereafter publication of the voters register six months prior to elections; and
- 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;
- c. Expedite the enactment of all outstanding bills;
- d. Complete phase 1 graduation and redeployment of the Necessary Unified Forces, and commence with phase 2, which is overdue;
- e. Fund DDR programmes as an essential component of unification of forces; and
- f. Fast track the establishment and operationalisation of the Commission for Truth, Reconciliation and Healing.
- 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.
- 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.
- 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;
- 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;
- 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
- 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.
STATEMENT BY H.E. AMB. MAJ GEN (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 2ND EXTRAORDINARY RJMEC MEETING, THURSDAY, 1ST SEPTEMBER 2022, JUBA, SOUTH SUDAN
Honourable Members,
Ladies and Gentlemen,
Good morning!
1. I welcome you all to the 2nd Extraordinary meeting of the RJMEC. As you may recall, the 1stExtraordinary meeting of RJMEC was held about three and a half years ago, on 19th February 2019, during which the National Pre-Transitional Committee (NPTC) presented its detailed budget, roadmap, financing needs and status of the implementation of the Pre-Transitional activities, as well as financial and other challenges impeding implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
2. Pursuant to Article 7.12 of the R-ARCSS, RJMEC is mandated to hold regular meetings, and to convene Extraordinary meetings as may be required. Accordingly, and as per rule 3.2 of the Rules of Procedure of RJMEC, I have convened today’s Extraordinary meeting for members to deliberate and pronounce themselves 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.’ Hereafter, the ‘Roadmap’.
3. At this point, I would like to congratulate the Parties to the R-ARCSS and the RTGoNU leadership upon the significant milestone achieved two days ago with the graduation of the first batch of the National Unified Forces. As I said in my remarks at the ceremony, the graduation of the almost 22,000 unified forces was a remarkable achievement. There is now an urgent need to build on the momentum generated by completing graduation of Phase I in Greater Bahr el Ghazal and Greater Upper Nile, and proceed with Phase II of the unification of forces.
Honorable Members, Ladies and Gentlemen,
4. In the 9 December 2021 RJMEC Plenary meeting, the RJMEC members through Resolution 2 acknowledged the growing concerns over the slow pace of implementation of the R-ARCSS, and recommended to the RTGoNU “to develop a clear roadmap and timeline for the implementation of the critical pending tasks in the remaining period of the Transitional Period.” The need for a roadmap and strategy was further endorsed in the 10 February 2022 RJMEC Plenary meeting, and Resolution number 6 records that the RTGoNU committed to develop and present a clear roadmap towards elections at the end of the Transitional Period in due course. In particular, tasks lagging behind included the unification of forces, the making of the permanent constitution and enactment of crucial bills to facilitate implementation of other provisions of the R-ARCSS which are prerequisites for the conduct of peaceful, credible and democratic elections at the end of the Transitional Period.
5. In response to the RJMEC’s request, the RTGoNU developed a roadmap, which was endorsed by its Council of Ministers on 5 August 2022. It was then submitted to RJMEC on 10 August 2022, along with the Council’s Resolutions, both of which have been shared with you all.
6. The Roadmap seeks to extend the Transitional Period and term of office of the RTGoNU for twenty-four months, which requires the amendment of Article 1.1.2 of the R-ARCSS. As you are aware, Article 8.4 of the R-ARCSS provides for the procedure for any amendment of the Revitalised Agreement. Specifically, it states that provisions of the R-ARCSS may be amended by the Parties with at least two-thirds of the members of the Council of Ministers of the RTGoNU, and at least two-thirds of the voting members of RJMEC consenting to the amendments, followed by ratification by the reconstituted TNLA in accordance with the procedure for Constitutional amendment under the TCRSS 2011 (as amended).
Honorable Members, Ladies and Gentlemen,
7. In my opinion as Chair of RJMEC, the criteria against which the Roadmap can be evaluated should include whether:
a) it contains the critical tasks that the RTGoNU will implement to secure lasting peace in South Sudan and for the conduct of a peaceful and democratic end of the extended Transitional Period;
b) it is consistent with the R-ARCSS, which remains the supreme document; and
c) the timelines are realistic and clearly benchmarked for the implementation of the critical pending tasks of the Agreement.
8. These criteria, and any other issues members may raise, should be the focus of our deliberations today.
Honorable Members, Ladies and Gentlemen,
9. In conclusion, following RJMEC’s request, and having received the Roadmap from the RTGoNU, I invite all members to deliberate and pronounce themselves on the Roadmap, including the requirement for amending article 1.1.2 which would extend the Transitional Period for twenty-four months.
10. I wish you fruitful deliberations.
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.
Chairperson of the Peace and Security Council;
Commissioner of Peace and Security;
Your Excellencies Permanent Representatives;
Excellencies;
Ladies and Gentlemen.
Your Excellency,
1. It is my honour, as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to address this Council today.
2. As the oversight body of the Revitalized Peace Agreement, we recently published a very detailed evaluation report on the status of the implementation of the Revitalized Peace Agreement from September 2018 to date, a copy of which, will be shared with your excellencies electronically.
3. I will therefore only highlight the key issues for your attention and deliberations today.
4. Overall, there has been commendable progress since the Revitalized Peace Agreement was signed, including the cessation of violence across the country amongst the signatories to the Agreement; continued holding of the permanent ceasefire; the establishment and reconstitution of all institutions/mechanisms of the Agreement; incorporation of the Revilatised Agreement into the Transitional Constitution, as amended; review and amendments of all security related laws, Political Parties Act, Audit Chambers and Public Finance Management and Accountability Bills, some of which have already been enacted by the reconstituted Parliament. Equally important is the unification of the command structure of the armed forces and the commencement of transitional justice and permanent constitution-making processes, amongst others.
5. Under the Agreement, the Transitional Period should be marked with a democratic election. However, with barely seven months to the end of the Transitional Period (February 2023), a number of critical Agreement tasks remain unimplemented. Some of the key elections related tasks, which are still pending include:
a. Reconstitution of the Political Parties Council;
b. Amendment of the National Elections Act, 2012 and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections;
c. Addressing of the challenges of reconstruction, repatriation, resettlement, rehabilitation and reintegration of IDPs and returnees;
d. Unification of forces to prepare for elections;
e. Completion of the permanent constitution-making to guide the conduct of elections; and
f. Preparation for the holding of free, fair and credible elections.
6. Without these tasks implemented, it will be difficult to conduct a credible election.
Your Excellency,
2. There are several recurring challenges facing the implementation of the Revitalized Peace Agreement, namely:
a. lack of sufficient resources (financial and material) needed for the implementation of the Agreement;
b. insufficient political will and commitment of some actors;
c. trust deficit amongst the Parties;
d. capacity gaps; and
e. growing sub-national violence.
3. The aforementioned challenges and delays not only undermine confidence in the peace process and ferment defections, but have also caused growing anxiety and frustrations amongst the South Sudanese population and international partners supporting the peace process.
4. As a result, we are witnessing increasing sub-national violence in the countryside, as well as withdrawal of some key actors and partners to the peace process. Very recently, the US Government withdrew its support to RJMEC and CTSAMVM, key IGAD mandated oversight and verification institutions, whose functions and effectiveness, are indispensable to the implementation of the Peace Agreement. Without an effective oversight mechanism, we risk the collapse of the Agreement, and reversing the gains made under the Agreement thus far.
Your Excellency,
5. In conclusion, I recommend the following to this Council:
a. urge the RTGoNU to develop a clear roadmap and strategy to implement critical outstanding requirements of the Revitalised Peace Agreement towards elections;
b. support the RTGoNU efforts in mobilising resources from the region, and the international community to support the implementation of the Revitalized Peace Agreement and to convene the Pledging Conference for South Sudan as provided for under Chapter 3 of the Agreement;
c. engage the leadership of the RTGoNU to bridge the trust deficit, build confidence and demonstrate political will and commitment;
d. urge the RTGoNU to address sub-national violence by urgently graduating and redeploying the unified forces;
e. appeal to the US Government to reconsider its decision to halt support to RJMEC and CTSAMVM;
f. Further appeal to all partners and friends of South Sudan to support RJMEC and CTSAMVM and the full implementation of the R-ARCSS, and
g. Lastly, appeal to the AU Commission to consider supporting RJMEC and CTSAMVM to ensure the effective discharge of their mandate.
I Thank You.
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!