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.

The Reconstituted Joint Monitoring and Evaluation Commission has released its latest quarterly report on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

Link: https://bit.ly/3P5OXCF 

The Interim Chairperson H.E. Amb. Maj. Gen. Tai Gituai has on Monday July 11, addressed the 1092^nd meeting of the African Union Peace and Security Council (AUPSC). Full statement: https://bit.ly/3P8IaYG 

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. 

There is growing public anxiety and despair ahead of the expiry of the Transitional Period which ends in February next year, without the completion of critical pending tasks of the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS).

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 2 June, 2022, Juba, South Sudan

AS THE TRANSITIONAL PERIOD LAPSES IN FEBRUARY 2023, THERE IS GROWING PUBLIC ANXIETY, FRUSTRATION, DESPAIR 

There is growing public anxiety and despair ahead of the expiry of the Transitional Period which ends in February next year, without the completion of critical pending tasks of the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS).

Speaking during the 22nd Plenary meeting of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) in Juba on 2 June 2022, RJMEC Interim Chairperson, Amb. Maj. Gen. Charles Tai Gituai said:

“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” with about eight months to the end of the Transitional Period Maj. Gen. Gituai added 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.”

In addition, the Interim Chairperson expressed “serious concerns” regarding continuous occupation of civilian centers by the SSPDF (South Sudan People’s Defence Force) and SPLA-IO and attacks by the SSPDF on the SPLA-IO forces in Upper Nile and Unity States.

Most disturbingly, he said, are reports of Sexual and Gender-Based Violence (SGBV) in Koch and Leer Counties in Unity State, including deaths of unspecified numbers of people, destruction of property and displacement of civilians. 

Among the key pending tasks related to the Permanent Ceasefire and Transitional Security Arrangements in Chapeter II are:

·      Completion of the unification of the 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 (Disarmament, Demobilisation and Reintegration) 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 all civilian centres.  

In his address to the meeting, Maj. Gen. Gituai highlighted cross-cutting challenges which remain an obstacle to the implementation of the R-ARCSS. These include, he said, delayed Unification of Forces, lack of sufficient funding, military defections, trust deficit among parties, insufficient political will, capacity gaps and the cumulative effects of prolonged subnational conflicts across the country. 

Maj. Gen. Gituai further stressed on the importance of the Permanent Constitution making process and the need to carefully incoporate planning for the electoral process. He also reitarated the need for RTGoNU to urgently develop a roadmap on the way forward, in regard to implementing the remaining tasks, considering the limited time left before the expiry of the Transitional Period. 

ENDS

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!

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Friday, May 10, 2022 convened its 4th sensitisation workshop on the Revitalised Agreement on the Resolution of the Conflict in South Sudan  (R-ARCSS) for the Reconstituted Transitional National Legislative Assembly (RTNLA) of the Republic of South Sudan. 

(For Immediate Publication)

Tuesday, 10 May, 2022, Juba, South Sudan

RJMEC CONVENES R-ARCSS SENSITISATION WORKSHOP FOR RECONSTITUTED TNLA, CALLS FOR FOCUS ON CONSTITUTIONAL MAKING, ELECTIONS PROCESSES

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Tuesday, May 10, 2022 convened a sensitisation workshop on the Revitalised Agreement on the Resolution of the Conflict in South Sudan  (R-ARCSS) for the Reconstituted Transitional National Legislative Assembly (RTNLA) of the Republic of South Sudan. 

Speaking at the opening of the workshop in Juba, RJMEC Interim Chairperson, Ambassador Maj. Gen. Charles Tai Gituai said: 

“At this critical time on the Agreement timelines, it is imperative for RTNLA to prioritize and focus on the legislative preparations for constitutional making and elections processes which are essential requirements of the Agreement, in order to transition the country to a democratic dispensation.”

In his remarks, Maj. Gen. Gituai asked the members “to ensure appropriate and timely legislation that will hasten the achievement of the election process within the timelines.”

“I wish to underscore to you as members of the RTNLA, the importance of a people-led and people-owned Permanent Constitution, which will be the cornerstone of the state of South Sudan, preparing the way for a smooth transition through free, fair and credible elections.” 

“As the legislative arm of Government, I take this opportunity to remind you of the critical role your institution plays in ensuring that the necessary legislation is enacted to enable this process to commence expeditiously,” he added.

Maj. Gen. Gituai noted, “Time is now of the essence. There is anxiety amongst the parties to the R-ARCSS and peace partners regarding how the outstanding tasks of the R-ARCSS shall be expeditiously implemented within the remaining period of the transition.”  

The Interim Chairperson called on the Parties to the R-ARCSS “to continue to build on the peace dividends made so far, adhere to their commitments to peace, take steps to restore broken relationships, build trust and confidence among yourselves, turn a new page; and inculcate the necessary political will which shall move the country forward towards enduring peace and stability.”

The workshop, bringing together the first batch of the 550 members of the RTNLA, is geared to familiarise the members on the content of the Revitalised Peace Agreement and also provide updates on the current status of its implementation.

“It is therefore important for you, as national leaders, to have a better and common understanding of the Revitalized Peace Agreement, get clarity on critical content-related questions and issues surrounding its implementation, and provide it with full support,” Maj. Gen. Gituai said. 

ENDS

Chairperson of the Peace and Security Council,

Your Excellencies  Permanent Representatives,

Excellencies, 

Distinguished Ladies and Gentlemen,

Good afternoon, 

1.   I welcome your delegation to South Sudan and commend you for keeping South Sudan firmly on your agenda with your support to the ongoing peace process. I also welcome this opportunity to provide you with an update on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). As the official monitor of the implementation of the Revitalized Peace Agreement, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has on numerous occasions in the past briefed this august Council as mandated by article 7.9 of the R-ARCSS. I look forward to having the opportunity to brief the next AU PSC meeting.

2.   As we mark two years into the Transitional Period, today’s briefing will provide you with an update on key progress made since the signing of the Agreement in September 2018. I will provide an overview of the status of implementation of the Agreement, pending tasks, the key challenges, and conclude with my recommendations to the Council. In your briefing packs, I have provided a more detailed analysis to you along with RJMEC’s fourth Quarterly Report of December 2021.

Excellencies, Ladies and Gentlemen,

3.   Overall, there has been some progress since the R-ARCSS was signed. Compared to the 2015 peace agreement, known as the ARCSS, which collapsed within one year of its signing, and barely two months after the coalition Transitional Government of National Unity (TGoNU) was formed, the R-ARCSS and RTGoNU can be credited for sustaining over three years of relative peace and stability in the country with visible peace dividends. Since its signing, the Revitalised Peace Agreement has contributed significantly to:

3.1.   cessation of violence across the country amongst the signatories to the Agreement and continued holding of the permanent ceasefire;

3.2.   the establishment and reconstitution of all pre-transitional institutions and mechanisms of the Agreement;

3.3.   incorporation of the R-ARCSS into the Transitional Constitution of the Republic of South Sudan (TCRSS, 2011) as amended;

3.4.   review and amendments of all security related laws by the National Constitutional Amendment Committee (NCAC), which have been submitted to the RTGoNU, awaiting enactment;

3.5.   cantonment and screening, selection and training of forces have been undertaken, and up to 50,000 troops of Phase 1 of the Necessary Unified Forces are reported by the Joint Defence Board as ready for graduation and redeployment; and

3.6.   humanitarian corridors have been opened and refugees and IDPs are gradually returning.

3.7.   The RTGoNU is implementing key economic reforms, supported by an IMF programme.

3.8.   A roadmap for the implementation of Transitional Justice and the Permanent Constitution has been developed.  

4.   With regards to Chapter 1 on the Revitalised Transitional Government of National Unity (RTGoNU), a number of tasks have been completed, key among these being: 

4.1.   resolution of the number of states and their boundaries – reverting from 32 to 10 states and three Administrative Areas; and

4.2.   formation of government structures at the national and sub-national levels, including the executives and legislative assemblies. 

5.   In addition to these noteworthy achievements, implementation is ongoing on judicial and institutional reforms. Also, eight bills await ratification by the Transitional National Legislature (TNL), namely the six security bills, the Constitution Making Bill, and the Political Parties Bill. Key pending tasks include establishment of an independent Constitutional Court and those relating to the conduct of elections.  

6.   In reference to security and the implementation of the Transitional Security Arrangements (TSA), the completed tasks include establishment or reconstitution of key TSA mechanisms which generally continue to meet, work and submit reports to RJMEC. The ongoing tasks include: adherence to the permanent ceasefire; preparation for graduation and redeployment of Phase 1 of the Necessary Unified Forces; and development of Strategic Defence Review policy framework. 

7.   Transitional Security related tasks which are yet to commence are the Disarmament, Demobilisation, and Reintegration programme, and Phase II of the unification of forces – cantonment, screening, training and redeployment of all forces.

8.   On humanitarian affairs, some humanitarian corridors have opened to allow the free movement of goods, supplies and people across borders. This has enabled voluntary returns, stimulated the economy and contributed to the availability of food, goods and services. Of note is the approximately half a million refugees, who have spontaneously returned to South Sudan since October 2018, according to UNHCR.  

9.   RJMEC welcomes the resolution passed by the AU PSC in late January to commence consultations with the UN Secretary-General and the IGAD Executive Secretary on the convening of the South Sudan Pledging Conference as provided for in Chapter 3 of the Revitalised Peace Agreement.  However, the Special Reconstruction Fund (SRF) and Board mandated by the Agreement have not been established. The Fund is expected to pave the way for the convening of the Pledging Conference to support humanitarian and reconstruction efforts in South Sudan. This is particularly pressing given the ongoing dire humanitarian conditions, exacerbated by flooding country-wide.  

Excellencies, Ladies and Gentlemen,

10.        Under Chapter 4 on Resource Economic and Financial Management, the Ministry of Petroleum has made some progress in implementing reforms in the petroleum sector. It has reformed employment in that sector and operates the sale of oil in a more transparent manner. Implementation of the provisions on agriculture and the food security sector and land resources are underway and the Ministry of Agriculture is resource mobilizing to implement the reviewed policies. In addition, progress has been made by the RTGoNU in the development of the Code of Ethics and Integrity for Public Officials. 

11.  Regarding the access to finance by South Sudanese, the R-ARCSS mandates the establishment of enterprise development funds, microfinance, and other social safety nets such as subsidised credit. It is worth noting that the Women Enterprise Development Fund Bill is being drafted and a draft Youth Enterprise Bill has been submitted to the Ministry of Justice and Constitutional Affairs. 

12.  Chapter 5 of the R-ARCSS on transitional justice envisages establishment of three mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court of South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). In January 2021, the RTGoNU Council of Ministers endorsed a road map towards implementation of Chapter 5, and designated the Ministry of Justice and Constitutional Affairs (MoJCA) to coordinate its implementation. 

13.  During the second year of the Transitional Period, a Technical Committee was established to spearhead public consultations that would inform the drafting of the CTRH legislation. The African Union Commission was expected to restart discussions with the Ministry of Justice and Constitutional Affairs on the establishment of the Hybrid Court of South Sudan. The AU Commission and Ministry are yet to meet to discuss this matter. Additionally, no progress has been made towards the establishment of the Compensation and Reparation Authority (CRA) to date.

14.  With regard to Chapter 6 on the permanent constitution-making process, in May 2021, RJMEC convened a workshop where the Parties to the R-ARCSS agreed on the details of the permanent constitution making process. The Resolution of the Workshop was subsequently handed over by RJMEC to the Minister of Justice and Constitutional Affairs which informed the Constitution Making Process Bill drafted by the Ministry. This draft Bill was endorsed by the RTGoNU Council of Ministers in November 2021 and is now before the reconstituted TNLA awaiting enactment.

Excellencies, Ladies and Gentlemen, 

15.  Considering the fact that the Revitalized Peace Agreement is nearing its conclusion with barely 12 months left to the end of the transitional period, there are several critical election-related tasks under the Agreement which are pending implementation. They include, among others:

15.1.   Enactment of the Political Parties Bill 2020 and reconstitution of the Political Parties Council;

15.2.      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;

15.3.      Addressing of the challenges of reconstruction, repatriation, resettlement, rehabilitation and reintegration of IDPs and returnees so their voices can be heard;

15.4.      Publication of voters register six months prior to elections;

15.5.      Unification of forces to prepare for elections-related security tasks at least six months before the end of the Transitional Period;

15.6.      Completion of the permanent constitution to guide the conduct of elections. 

15.7.      the making of the permanent constitution upon whose provision, elections will be conducted;

15.8.      holding of free, fair and credible elections, under the appropriate robust legal framework, to usher in a new democratic dispensation in the country; and

15.9.      unification and redeployment of forces to guarantee national security and their allegiance to the constitution and the state;

15.10.  economic, legal and institutional reforms aimed at strengthening the structures of the state;

15.11.  dealing with the past injustices to deter reoccurrence of past mistakes and to restore community harmony and coexistence. 

Excellencies, Ladies and Gentlemen,

16.  Even though the outbreak of the COVID-19 pandemic has worsened the situation, progress has generally been very slow from the beginning and there are several recurring challenges facing the implementation of the Revitalized Peace Agreement, namely: 

16.1.          lack of sufficient resources (financial and material) needed for the implementation of the Agreement; 

16.2.          insufficient political will and commitment of some actors; 

16.3.          trust deficit amongst the Parties; 

16.4.          capacity gaps; and 

16.5.          military defections. 

17.  Against this background of the many challenges facing implementation, I therefore turn to some key recommendations to the Council, which I believe, if acted upon can contribute to improving the pace and scope of implementation. In that regard, the Council should consider to undertake the following actions: 

17.1.          assist the Republic of South Sudan in mobilising resources from member states and partners to support implementation of the Revitalized Peace Agreement;

17.2.          continue with ongoing expressions of solidarity to the Republic of South Sudan, including visits, given the criticality of this present time; 

17.3.          strengthen the engagements of the AU C5 in South Sudan;

17.4.          strengthen coordination in mobilising multilateral support to South Sudan through IGAD, the UN and other regional or international partners for the implementation of the Revitalized Agreement;   

17.5.          support the RTGoNU to convene the Pledging Conference for South Sudan as provided for under Chapter 3; 

17.6.          support the conduct of free, fair and credible elections; and

17.7.          request the African Union Commission Chairperson to engage the RTGoNU on the terms of cooperation towards the establishment of the HCSS, and consider supporting the work of the Technical Committee for the CTRH.

18.  Finally, RJMEC has requested the RTGoNU to develop a roadmap to guide the implementation of the critical pending tasks within the framework of the R-ARCSS. It is expected to be announced soon.  

19.  In closing, I would like to encourage this august Council to continue to remain seized of the implementation of the R-ARCSS, render the necessary support to the RTGoNU at this critical juncture and to continue support RJMEC in its mandate.

I thank you.