The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) welcomed the launch of the public consultations on the establishment of the Commission for Truth, Reconciliation and Healing (CTRH) in South Sudan as a great milestone for the implementation of Chapter 5 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). 

Communication Office

PRESS RELEASE

(For Immediate Publication)

Tuesday, 5 April, 2022, Juba, South Sudan

THE LAUNCH OF PUBLIC CONSULTATIONS ON THE ESTABLISHMENT OF CTRH IN SOUTH SUDAN IS A GREAT MILESTONE

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) welcomed the launch of the public consultations on the establishment of the Commission for Truth, Reconciliation and Healing (CTRH) in South Sudan as a great milestone for the implementation of Chapter 5 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). 

The official launch took place at Freedom Hall on Tuesday 5 April 2022, and was addressed by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, and H.E. Dr. Riek Machar Teny, First Vice President, and was attended by three other Vice Presidents and many other South Sudanese dignitaries and members of the regional and international diplomatic corps. 

Addressing the participants, RJMEC Chairperson Maj. Gen. Charles Tai Gituai said: “This public consultation process has been eagerly awaited by the public. Unfortunately, it has experienced delays due to funding and other constraints. It is encouraging to see this process finally take off despite these obstacles. 

“I commend the Technical Committee for the measures it has put in place in a bid to ensure that these public consultations processes to be undertaken align with international human rights standards and best practices. In addition, I urge the Technical Committee to undertake this process in a manner that upholds the letter and spirit of the R-ARCSS,” he added.

General Gituai said RJMEC expects that the Technical Committee will undertake the process in a manner that gives opportunity to the men, women, girls and boys of South Sudan to meaningfully participate and give their honest views about the kind of CTRH they wish to see established. 

“I wish to encourage the RTGoNU, including the state governments to work in partnership with each other so as to safeguard the civic space and foster an inclusive environment so that the people of South Sudan can have even more confidence engaging with this process,” he said.

“This will build the feeling of ownership to the CTRH once it is eventually established and thus make truth, healing and reconciliation an even more achievable goal.”“Now that the Committee is ready to embark on a very important phase of its work, I wish to encourage them to work efficiently and diligently to undertake meaningful public consultations and thereafter issue to the country a comprehensive report in a timely manner containing findings and recommendations that will inform the drafting of a CTRH legislation of good quality.”

The Chairperson called on the Revitalised Transitional Government to prioritise the “speedy implementation of all chapters of the Agreement in letter and spirit, as this is the promise and commitment that the parties made to the people of South Sudan, in order to ensure justice, equality, respect for human rights and the rule of law, as stipulated in the preamble of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan.”

 ENDS

A high-level joint delegation comprising of Special Representative of the Chairperson and Head of the AU Mission in South Sudan, H.E. Amb. Prof. Joram Biswaro, Special Representative of the Secretary-General and Head of the UN Mission in South Sudan, Prof. Nicholas Haysom, Special Envoy of IGAD for South Sudan, H.E. Amb. Dr Ismail Wais, and Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) H.E. Maj. Gen. Charles Tai Gituai (rtd), held two days of consultations with the Presidency of the Republic of South Sudan on recent matters of concern in the country.

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 31 March, 2022, convened a workshop for members of the Council of States of the Republic of South Sudan. 

Communication Office

PRESS RELEASE

(For Immediate Publication

 Thursday, 31 March, 2022, Juba, South Sudan

RJMEC CONVENES COUNCIL OF STATES WORKSHOP, CALLS ON THE LEGISLATIVE BODY TO SUPPORT THE IMPLEMENTATION OF THE R-ARCSS

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 31 March, 2022, convened a workshop for members of the Council of States of the Republic of South Sudan. 

In a statement delivered on his behalf by RJMEC Deputy Chief of Staff-Strategy, Dr. Thomson Fontaine during the official opening of the workshop in Juba, the RJMEC interim Chairperson Maj. Gen. Charles Tai Gituai underscored to the Council members the importance of a people-led and people-owned Permanent Constitution, which he said will be the cornerstone of the state of South Sudan, paving 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 you play in ensuring that the necessary legislation is enacted to enable this process to commence expeditiously,” he said.

As such, Maj. Gen. Gituai reminded the members of the Council that the implementation of the 2018 R-ARCSS “is now at a critical juncture” with less than a year to end of the Transitional Period.

“The slow progress in the implementation of the Agreement, compounded by the recurring challenges, is beginning to create anxiety amongst the Parties to the R-ARCSS, the region and international peace partners,” he said. 

 “One key question I have asked repeatedly relates to what strategy the Revitalised Transitional Government of National Unity (RTGoNU) has in place to complete implementation of the R-ARCSS within the remainder of the Transitional Period.”

Further, the Chairperson called on the Parties to the Agreement “to build on the peace dividends made so far, adhere to their commitments to peace, take steps to improve relationships and trust, and inculcate the necessary political will which will move the country forward towards enduring peace.”

While closing the Workshop, H.E Maj. Gen. Gituai noted that implementation of the R-ARCSS has faced various challenges, ranging from lack of sufficient resources, insufficient political will and lack commitment of some actors, trust deficit amongst the Parties and capacity gaps in some Agreement institutions and mechanisms, as well as growing subnational violence, activities of the holdout groups, military defections from one signatory party to another, impact of flooding and the COVID-19 global pandemic have also impacted the implementation of the of the Revitilised Peace Agreement, he said. The Interim Chairperson, tasked members of the Council to individually and collectively support the full implementation of the Agreement. 

The workshop, which targets the 100 members of the Council, will be followed by a series of workshops for the Transitional National Legislative Assembly (TNLA), is aimed at enhancing common understanding of the content of the Revitalised Peace Agreement, its staus of implementation and how the two legislative bodiescan provide the necessary support for its progress. 

ENDS

Juba, 01 April 2022: A high-level joint delegation comprising of Special Representative of the Chairperson and Head of the AU Mission in South Sudan, H.E. Amb. Prof. Joram Biswaro, Special Representative of the Secretary-General and Head of the UN Mission in South Sudan, Prof. Nicholas Haysom, Special Envoy of IGAD for South Sudan, H.E. Amb. Dr Ismail Wais, and Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) H.E. Maj. Gen. Charles Tai Gituai (rtd), held two days of consultations with the Presidency of the Republic of South Sudan on recent matters of concern in the country.

 On Wednesday 30 March 2022, the delegation met H.E. President Salva Kiir Mayardit, and H.E. First Vice President Dr. Riek Machar Teny, and on Thursday 31 March 2022, met Excellencies Vice Presidents Mama Rebecca Nyandeng de Mabior, Dr. Wani Igga, and Gen. Taban Deng Gai.

The delegation encouraged the reaffirmation by both the President and the First Vice President that they would not return the country to war, urging them to de-escalate the heightened political tensions, dialogue amongst themselves to address any concerns, and return to full implementation of the Agreement. In the meeting with the President, the delegation acknowledged his intervention through the news conference of Monday 28 March 2022, which helped reduce the anxieties in Juba and across the country. 

The delegation underlined the importance for the members of the Presidency to recommit to the full implementation of the 2018 Peace Agreement, and urged them to fulfil their commitments in order to demonstrate to the nation their true desire for peace. It welcomed their preparedness and willingness to meet and discuss their differences in the implementation of the Agreement. The delegation encouraged them to uphold dialogue and improve the communication between and among members of the Presidency.

It encouraged the Sudan People’s Libration Movement/Army in Opposition (SPLM/A-IO) to rescind its suspension of participation in the Agreement institutions and mechanisms, including RJMEC and CTSAMVM. Furthermore, it underscored the seriousness of the surge in intercommunal violence, which serves to undermine the security throughout the country. 

With only 11 months of the Transitional Period remaining, the delegation highlighted the pending tasks of the Agreement, such as the unification of forces, the constitution-making process and preparations for elections, and urged the transitional government to develop a roadmap to set out how to complete what needs to be implemented before the end of the Transitional Period. 

The meetings came at a time of increasing political and security concerns in the country, the suspension of participation of SPLM/A-IO representatives from the Agreement institutions and mechanisms, and the overall slow implementation of the R-ARCSS. The delegation expressed its availability to support the Presidency should the need arise.

 [ENDS]

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

Honourable Ministers,

Excellencies,

Ladies and Gentlemen,

Good morning.

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

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

Security Council.

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

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

Excellencies, Ladies and Gentlemen,

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

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

their functions.

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

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

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

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

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

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

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

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

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

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

Excellencies, Ladies and Gentlemen,

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

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

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

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

Excellencies, Ladies and Gentlemen,

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

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

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

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

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

Excellencies, Ladies and Gentlemen,

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

and constitution-making bills;

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

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

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

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

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

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

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

I Thank You.

PRESS RELEASE

(For Immediate Publication)

Thursday, 24 March 2022, Juba, South Sudan

RJMEC CONCERNED WITH CLASHES; EMPHASISES INCLUSIVE DIALOGUE WITHIN THE FRAMEWORK OF THE R-ARCSS AS THE ONLY WAY OF RESOLVING DISAGREEMENTS  

RJMEC held a meeting of its members on Thursday, 24 March 2022 in Juba. Addressing to the participants about the security situation, Interim Chairperson Maj. Gen. Charles Tai Gituai said:

“I am concerned by the reports of an increasing number of clashes taking place between SPLA-IO forces and defectors to the SSPDF in Upper Nile and Unity States, including in training centres. We have tasked CTSAMVM to further investigate these clashes.” 

He continued: “I would like to stress that each training centre is a symbol of the unity which is being forged through creating a unified force, and any threat to this is unacceptable. Such divisive activities complicate the unification process, lower morale and breed mistrust among troops. A unified force depends on cohesiveness for its ability to function as a professional force.”

Maj. Gen. Gituai urged the RTGoNU to complete the Transitional Security Arrangements, including resolving the issues of unified command and force ratios, and redeployment of unified forces.

Referring to the suspension earlier this week of the SPLM/A-IO of their participation in R-ARCSS Security Mechanisms, and RJMEC meetings, the Interim Chair said:  

“RJMEC has taken note of all the concerns raised by the SPLM/A-IO. It is encouraging to note that SPLM/A-IO has reiterated its continuous commitment to the full implementation of the R-ARCSS and is willing to be available to discuss these issues with RJMEC. 

“I would like to emphasise that the full engagement of all the Parties and inclusive dialogue within the framework of the R-ARCSS is the only way of resolving disagreements.”  

The RJMEC Chair revealed that he has invited the concerned Parties to a meeting tomorrow 25 March 2022, to discuss these issues.  

The RJMEC Chair reiterating his appeal for the presentation of the roadmap and strategy to be developed by the RTGoNU which should, among other things, set out the tasks most critical for the conduct of free, fair and credible elections, given the dwindling time left to implement the Peace Agreement. 

RJMEC Chair concluded by reminding the participants of the Signatory Parties’   commitment, expressed in the Preamble of the Agreement, “to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law.” 

PRESS RELEASE

(For Immediate Publication)

Wednesday, 23 March 2022, Juba, South Sudan

RJMEC CONCENRED WITH SPLM/A-IO SUSPENSION OF PARTICIPATION IN THE MEETINGS OF R-ARCSS SECURITY MECHANISMS

RJMEC notes with concern the suspension of participation of the SPLM/A-IO in the meetings of the security mechanisms of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), but is encouraged by its reiteration of its continuous commitment to full implementation of the R-ARCSS. The security mechanisms, which are composed of representatives from across the different Parties to the Agreement, are an integral component of implementing the Transitional Security Arrangements of the peace agreement.

RJMEC has stressed in many recent public statements, and in meetings and interventions at the highest political level in South Sudan and regionally, that right now is a critical time in the implementation of the Peace Agreement as we now have under 11 months of the Transitional Period left with much remaining to be done.

We take note of reports from CTSAMVM, the ceasefire monitors, which indicate a range of localised incidents of violence in different parts of the country which are a serious cause of concern for the overall implementation of the R-ARCSS.

RJMEC is also concerned  by recent reports of clashes taking place between SPLA-IO forces and defectors to the SSPDF in Upper Nile and Unity States, including in some training centres. Each training centre in South Sudan is a symbol of the unity which is being forged through creating a unified force, and any threat to this is unacceptable. 

CTSAMVM, which is composed of representatives from all the Parties to the Agreement, has been tasked to investigate these clashes and will report in due course. This state of affairs is exacerbated by the delayed implementation of the Transitional Security Arrangements as set out in the R-ARCSS, growing military defections from one signatory party to another, and poorly-resourced cantonment sites and training centres.  

Such divisive activity complicates the unification process, lowers morale, and breeds mistrust among troops who should be building togetherness. A unified force depends on cohesiveness for its ability to function for the greater good of the South Sudanese people. This insecurity also increases the number of displaced people, and strains the already scarce humanitarian support.

RJMEC urges the RTGoNU to expedite the completion of the Transitional Security Arrangements, and condemn military defections and accepting defections as being against the letter and spirit of the Agreement. Defectors must be held accountable for their actions following a transparent investigation. RJMEC further urges the RTGoNU to ensure the protection of civilians at all times.  

RJMEC reminds all Parties that full engagement and inclusive dialogue within the framework of the R-ARCSS is the only way of resolving disagreements. 

- Your Excellency, Chairperson of the IGAD Council of Ministers

- Excellencies, Members of the Council

- Your Excellency, IGAD Executive Secretary

- Your Excellency, IGAD Special Envoy to South Sudan

- Honourable Ministers,

- Excellencies,

Ladies and Gentlemen,

Good morning

1. It is my honour to address this Council today for the first time as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC).

2. It is also my honour to present to the Council the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), including the challenges faced, my overall observations, and recommendations to the Council.

3. This report builds on the briefing that my predecessor, Amb. Lt. Gen Augostino Njoroge, made to the members of the 36th Extraordinary Summit of the IGAD Heads of State and Government on 14 July 2020, and the briefing made previously to the 71st Extraordinary meeting of the IGAD Council of Ministers held on 23 April 2020.

Excellencies, Ladies and Gentlemen,

4. In our last briefing to the IGAD Heads of State and Government on 14 July 2020, RJMEC had highlighted several pending critical tasks that had not yet been implemented, including those carried over from the Pre-Transitional Period. In particular:

a) reconstitution of the Transitional National Legislature, comprising the Transitional National Legislative Assembly and the Council of States;

b) unification of forces, including their redeployment; and

c) Disarmament Demobilisation and Reintegration (DDR) process for the former combatants.

5. In that regard, I commend the Summit for taking up these concerns seriously and for pronouncing itself in its Communique of the 36th Extraordinary Summit of the IGAD Heads of State and Government.

Excellencies, Ladies and Gentlemen,

6. I am pleased to report to this Council that on 8 May 2021, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, dissolved the Transitional National Legislative Assembly (TNLA) and the Council of States and subsequently reconstituted the TNLA on 10 May 2021. This is a welcome development in terms of implementation of the governance aspects of the Agreement under Chapter 1. What now remains, are the swearing in of the Reconstituted TNLA, reconstitution of the Council of States, and the State Legislative Assemblies, and the restructuring and reconstitution of Institutions and Commissions at the national level. It is my hope and expectation that the reconstituted TNLA will soon be sworn in to commence its business and that it will immediately ratify some important legislation that has been held up, such as the amended security bills and the Constitutional Amendment Bill No. 8 (2020). Our preliminary gender analysis of the appointments to the reconstituted TNLA suggests that women constitute 33% of the members of the reconstituted TNLA.

7. Also important under Chapter 1 is the requirement for Judicial Reforms under Article 1.17 of the Agreement. Accordingly, I am pleased to report that steps are underway to establish the Ad-hoc Judicial Reforms Committee (JRC) which is mandated to study and recommend appropriate judicial reforms. I commend the Minister of Justice and Constitutional Affairs, and his taskforce for endorsing the draft Terms of Reference, jointly developed by RJMEC and IGAD advisors. This now paves the way for the IGAD to nominate the Chairperson and Deputy for this Committee and for the parties to nominate their representatives, and I call upon all responsible to expedite this process.

8. Next, Chapter 2 on the Transitional Security Arrangements (TSAs). The successful implementation of the TSAs is critical to sustainable peace in South Sudan. As this Council will recall, this is a task of the Pre-Transitional Period which was carried forward into the Transitional Period. Regrettably, I would like to report to this Council that despite the call at 36th Extraordinary Summit of the Heads of State and Government that the RTGoNU was “to provide the necessary funding and logistical support to expedite the implementation of the TSA, particularly the conclusion of training, graduation and redeployment of the NUF,” there has been very minimal progress on the implementation of the TSAs. It is clear that the unification of forces had stalled, and the conditions in the Cantonment Sites and Training Centres have markedly deteriorated.

9. However, on 8 June 2021, a meeting of the RTGoNU Presidency resolved as follows: to accelerate the process of graduating the unified forces, and developing a unified command, and to relocate both government and opposition forces to the cantonment sites for further training. Furthermore, the President directed the mobilisation of the necessary logistics support for the unified forces. Consequently, some resources have since been provided by the National Transitional Committee to the Security Mechanisms.

10. The Disarmament, Demobilisation and Reintegration (DDR) as an integral part of the unification process and a critical component for successful implementation of the TSAs continues to lag behind. RTGoNU has not given sufficient attention and support to the DDR Commission, hence undermining its capacity to deliver on its mandate. DDR is an important and costly activity, and the RTGoNU should avail the requisite resources to the DDR process. Given the importance and recurring challenges faced in implementing the TSAs to date, this is an area I appeal to the Council to pay sufficient focus to.

11. Though we observe that the Permanent Ceasefire between the signatories to the R-ARCSS is holding, there is nonetheless a worrying trend of increased insecurity in some parts of South Sudan, such as the states of Jonglei, Lakes, and Warrap, related to community-based violence. Further, Central Equatoria has experienced incidents of fighting between the SSPDF and National Salvation Front (NAS), a hold-out group, affiliated to Gen. Thomas Cirillo, that continues to cause considerable civilian harm and displacements.

12. With regard to Chapter 3 on humanitarian affairs, even though, overall, there has been some improvements, including gradual returns by IDPs and refugees, the above-mentioned state of insecurity only serves to undermine progress and reverse some of the gains already made, including the slowing down of voluntary

returns. This year, four aid workers have been killed, including two on 7 June 2021 in Lakes State, highlighting the continued dangers faced by aid workers in some parts of the country. Furthermore, according to UNOCHA, an estimated 7.2 million people continue to be acutely food insecure between April and July and the need for relief remains high.

13. The Special Reconstruction Fund (SRF) and the Board which is mandated to assess the reconstruction needs and raise the necessary funds are vital aspects of the Peace Agreement. Upon its establishment, a donors’ conference is to be convened to coordinate support to the implementation of the R-ARCSS. I appeal to the Council to urge the RTGoNU to prioritise this matter in establishing the SRF Board and the eventual convening of the donors’ conference.

14. On Chapter 4, economic, finance and resource management, the Ministry of Petroleum is undertaking environmental and cost recovery audits. Similarly, the Ministry of Finance has undertaken an audit of transfers to oil-producing communities and states. After a decline caused by the economic contraction following the drop in the oil price, there has been a good progression in collection of nonoil revenues.

15. The IMF recently provided the country with over $170 million in April 2021, partly for financing the on-going exchange rate reform and also the paying of the salary arrears. That said, the establishment of the Economic and Finance Management Authority (EFMA) is still pending, and I appeal to the Council to prevail on the RTGoNU to set up this inclusive accountability and transparency monitoring body, as provided for in the Agreement.

Excellencies, Ladies and Gentlemen, 

16. With regard to Chapter 5 on Transitional Justice, there has been some progress. The Ministry of Justice and Constitutional Affairs (MoJCA) has developed a roadmap for the establishment of the three transitional justice mechanisms, namely the Commission on Truth, Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). The roadmap has been endorsed by the RTGoNU

Council of Ministers. A Technical Committee has also been established to conduct public consultations pursuant to the establishment of the Commission on Truth, Reconciliation and Healing. With regards to the HCSS, there is need for the African Union Commission and the RTGoNU to discuss and agree the terms of its establishment.

17. Finally, Chapter 6 on the Permanent Constitution-making process. I am pleased to report that the RJMEC successfully convened a workshop for the Parties to the R-ARCSS to agree on the details of conducting the constitution-making process as mandated under Article 6.7 of the Revitalised Peace Agreement. The workshop, which took place from 25-28 May 2021, was officially opened by, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, and was addressed by H.E. Abdallah Hamdok, Prime Minister of Sudan and Chairperson of IGAD Assembly of Heads of State and Government. The workshop was facilitated by the Max Planck Foundation for International Peace and Rule of Law.

18. Amongst the key resolutions of the Workshop was the establishment of a Constitutional Drafting Committee as a specialised technical body to draft the constitutional text and accompany the process at all stages. Further, the resolutions covered the composition and criteria for nominations of the

reconstituted National Constitutional Review Commission (RNCRC), the Preparatory Sub-Committee (PSC) for the convening of the National Constitutional Conference (NCC), and civic education and public participation at all stages of the constitution making process. RJMEC officially handed over the Resolutions to

the RTGoNU on 10 June 2021. Consequently, RTGoNU will now commence the drafting of the legislation that will govern the constitution-making process. We appeal to the Council to urge the RTGoNU to expedite the enactment of the constitution-making law to govern this process.

Excellencies, Ladies and Gentlemen,

19. The above progress notwithstanding, there are a number of recurring challenges that continue to constrain and delay the implementation of the Agreement. Key among them are: trust deficit amongst the key principals to the Agreement, insufficient political will, lack of necessary resources and funding, community-based violence and insecurity, capacity gaps, activities of hold-out groups and Covid-19 pandemic. I appeal to the Council to explore ways of helping the parties rebuild trust and work together, extend logistical and other types of requisite support to the implementation of the Agreement and prevail on the hold-out groups to join the peace process.

Excellencies, Ladies and Gentlemen,

20. In conclusion, as an oversight body, our assessment is that, even though some progress has been made in some areas, a critical concern remains on the security arrangements, which is fundamental for the sustainability of the peace process. In view of above, I would like to conclude with the following respectful recommendations to the Council, namely:

a) urge the RTGoNU to swear in the members of the Reconstituted TNLA, to complete the reconstitution of the Council of States, the State Legislature, and the restructuring and reconstitution of Institutions and Commissions at the national level, while adhering to the 35% level of women representation and giving due attention to representation of the youth;

b) appeal to IGAD to nominate the Chairperson and Deputy for the Ad-hoc Judicial Reforms Committee and urge the Parties to the R-ARCSS to nominate their representatives;

c) appeal to IGAD to urge the Parties to the Agreement for continued dialogue and trust-building among them on all unresolved issues, with greater show of political will; in this regard, I strongly recommend the convening of the ‘Leadership Retreat’ as proposed by IGAD.

d) urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including graduation and redeployment of unified forces; for the DDR Commission to implement its plans; and commencement of Phase 2 of the unification process;

e) urge the RTGoNU to prioritise the establishment of the Special

Reconstruction Fund and Board to coordinate international

support to the peace process and support the RTGoNU in the

eventual convening of the donors’ conference;

f) appeal to all actors under SSOMA to pursue the Sant’Egidio mediation process, including adherence to the Cessation of Hostilities Agreement of December 2017, the Rome Declaration of January 2020, and the Declaration of Principles of March 2021;

g) urge the RTGoNU to continue to pursue economic reforms along with increased transparency and accountability, especially in the oil sector, and establish the Economic and Financial Management Authority to enhance oversight and management of the country’s resources;

h) urge the RTGoNU to fast-track broad based public consultation on the establishment of the CTRH, and to further liaise with the African Union Commission regarding the establishment of the HCSS;

 i) urge the RTGoNU to expedite the drafting of the legislation to govern the permanent constitution-making process; and         

j) explore ways of helping the parties rebuild trust and work together, extend logistical and other requisite support to the implementation of the Agreement and prevail on the hold-out groups to join the peace process. 

k) actively engage the international community at the highest political level to mobilise goodwill and support for full implementation of the R-ARCSS.

21. In closing, I would like to thank the Council for its support to RJMEC. I urge the Council to remain seized of the peace process in South Sudan, and perhaps one of the strongest ways of demonstrating this is by holding the next IGAD Council of Ministers meeting and Summit in Juba. Your close attention to these matters is instrumental in achieving an enduring peace in South Sudan.

Thank you!

Communication Office

PRESS RELEASE

(For Immediate Publication)

Friday, 11 March 2022, Juba, South Sudan

RJMEC URGES RTGONU TO IMPLEMENT TRANSITIONAL SECURITY ARRANGEMENTS FULLY TO HELP RESOLUTION OF STATE AND COUNTY LEVEL VIOLENCE

RJMEC welcomes the appointment by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, of a high-level committee, headed by Vice President H.E. Hussein Abdelbagi Akol, to investigate the clashes between communities in Twic County and the Ngok from Abyei. All measures to support the peaceful resolution of disputes is welcome, and should be replicated across those numerous areas of South Sudan which need it.   

Recent reports from CTSAMVM, the ceasefire monitors, indicate a range of localised incidents of violence in different parts of the country which are a serious cause of concern for the overall implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) and enjoyment of its dividends at the community level. This overall picture of insecurity has a negative impact on the gains made so far in the implementation of the Peace Agreement at this critical time when every little bit of progress should be built upon. 

This state of affairs is exacerbated by the delayed implementation of the Transitional Security Arrangements as set out in the R-ARCSS, growing military defections from one signatory party to another, and poorly-resourced structures of governance at the State and local levels.  This localised violence not only complicates implementation of the Transitional Security Arrangements, but also increases the number of displaced people, strains the already scarce humanitarian support, and further impacts on humanitarian access.

On 22 February 2022, two Medecins Sans Frontieres vehicles were looted and burnt 8kms outside of Yei, Central Equatoria State. Fortunately, none of the staff were harmed during the incident. This attack on humanitarian aid workers and the delivery of humanitarian services deprives the civilian population of much-need care and assistance.  

These state and county level insecurities could be resolved more effectively if the Transitional Security Arrangements, already much delayed, were completed at this time of the Agreement period. Consequently, RJMEC urges the RTGoNU to complete the implementation of the Transitional Security Arrangements and joins other voices in urging the RTGoNU to conduct timely and transparent investigations of the perpetrators of violence at the communal level, engage local authorities in dialogue, utilise local peace building mechanisms and hold accountable those perpetrators found to be guilty.

As the RTGoNU develops its roadmap to the end of the Transitional Period, it should include a robust strategy for dealing with such growing localised conflicts in order to create a conducive environment for implementation of the critical pending tasks such as the making of the permanent constitution and the eventual conduct of elections at the end of the Transitional Period. 

ENDS

The Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Monday 7 March, 2022 briefed the United Nations Security Council (UNSC) on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), highlighted key critical pending tasks including requirements for the conduct of elections at the end of the Transitional Period.