Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 28 October 2021, Juba, South Sudan

Reconstitute the State Legislatures to enable them to perform their subnational duties; Critical concern remains on the Transitional Security Arrangements

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) held its 19thmonthly meeting, today October 28, 2021 in Juba. 

At the meeting, RJMEC Interim Chairperson Maj. Gen. Charles Tai Gituai called on the RTGoNU (Revitalised Transitional Government of National Unity) to expedite the reconstitution of the state legislaturesas stipulated in the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), in order to enable them perform their subnational duties.

“A properly functioning government requires the full cooperation of the three branches of government, the executive, the legislative and the judiciary, at both the national and subnational levels,” he said.

General Gituai reiterated his call for the RTGoNU to reconstitute the Commissions and Institutions, such as the National Audit Chamber and the Anti-Corruption Commission as per Articles 4.4 and 4.5 of the R-ARCSS at the national level, as envisaged in the Peace Agreement.

While the RJMEC Chair noted that some progress has been made in the areas of governance, economics, transitional justice, and the permanent constitution-making process, a critical concern remains on the Transitional Security Arrangements, especially the unification of forces, their redeployment and the DDR process, which he said, is the backbone of the Agreement. 

He appealed to the leadership of the Parties to urgently resolve the issue of the ratio of the unified forces and the unified command structure of the Necessary Unified Forces (NUF).

According to UNOCHA (United Nations Office for the Coordination of Humanitarian Affairs), there are 700,000 people affected by flooding in 27 counties across eight states since May 2021, with the worst affected States reported as being Jonglei, Unity, Northern Bahr el Ghazal and Upper Nile.  

“Over two-thirds of the flood-affected counties are confronted with high levels of food insecurity, poor access to basic services and face the threat of water borne diseases,”said Gen. Gituai.

“The scale of humanitarian need in South Sudan should focus our minds on the urgency of establishing the overdue Special Reconstruction Fund (SRF), which is clearly much needed. I urge the RTGoNU to work closely with international partners to establish the Board of the SRF without further delay,” he added.

Furthermore, General Gituai said, the safety of humanitarian workers remains a major concern, which, he added, involve violence and threats against personnel and assets,” 

“I would like to urge the RTGoNU and all concerned parties to ensure the protection and safety of aid workers to enable the delivery of much needed humanitarian services,” he said.  

He concluded, “I reiterate my concern that we are already behind the agreed timelines and the implementation schedule. According to the timelines of the Agreement, it is 16 months to the end of the Transitional Period. Despite all that has been achieved, a lot remains to be done.”

ENDS

The Chairperson of the Revitalised Joint Monitoring and Evaluation Commission (RJMEC), Maj. Gen. Charles Tai Gituai said insufficient political will among the Parties, trust deficit and lack of confidence among the Parties including intra-Party disagreements and in-fighting, continue to undermine progress in the implementation of the Agreement.

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.  I welcome you all to the 19thRJMEC meeting. The 12 September 2021 marked exactly three years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) came into force. This month is roughly halfway through the Transitional Period, and due to the slow pace of implementation of the Revitalised Peace Agreement, the South Sudanese population, stakeholders, and peace partners are expressing increased levels of frustration. 

2.  Within the timelines of the Agreement, the Transitional Period is expected to end in February 2023, preceded by elections conducted 60 days prior, under a new Permanent Constitution. It is therefore important that we take stock of the progress we havemade so far, the critical tasks outstanding, the challenges, and recommend appropriate remedial measures to ensure accelerated progress and full implementation of the Peace Agreement in letter and spirit before the end of the Transitional Period.

Excellencies, Ladies and Gentlemen,

3.   In the spirit of taking stock, I will now look at implementation chapter by chapter.In terms of progress, under Chapter 1 on Governance: 

3.1.   the R-ARCSS has been incorporated into the Transitional Constitution of the Republic of South Sudan (TCRSS, 2011), as amended;

3.2.   the RTGoNU Executive has been fully established at both national and states levels – Ministers, Governors and Deputy Governorsfor all the 10 States have been appointed – as well as various States Executives and Local Government positions.

3.3.   the Transitional National Legislature (TNL), namely the Transitional National Legislative Assembly (TNLA) and the Council of States (CoS), has been reconstituted;

3.4.   on 30 August 2021 the reconstituted Transitional National LegislativeAssembly (TNLA) and the Council of States held their inaugural sitting, having been reconstituted and having most of their members sworn in.

3.5.   Both the Speaker of the reconstituted TNLA and one of the Deputy Speakers of the Council of States are women, both nominated by I-TGoNU. As we move forward, I continue to encourage the Parties to nominate more women in decision-making positions.

4.   Key outstandingissues to mention under governance include: 

4.1.   reconstitution of the States Legislative Assembly, lower Local Governments and reconstitution of relevant Institutions and Mechanisms at the national level;

4.2.   enactment of amended security legislations, the Political Parties Act, and the National Elections Act, among others.

5.   Overall, there was insufficient compliance in meeting the 35% minimum level of women’s representation.  

6.  With the Transitional National Legislature now operational, I expect that the two houses will embark on their legislative and oversight functions in support of the implementation of the R-ARCSS, including expediting the enactment of the pending bills. 

7.  I am encouraged to learn that on 10 September 2021, the RTGoNU Council of Ministers approved the Prisons Service, the SPLA and the Police Service amendment bills. I am further informed that the Council approved two constitutional amendment bills, which rectify discrepancies in the Constitutional Amendment Act No.6 (2020) and reflect changes that have been made to the Security Bills respectively. I expect the Minister of Justice and Constitutional Affairs to table the remaining reviewed bills for the Council’s approval and present them to the reconstituted TNLA for ratification and enactment.

8.  With regard to the judicial reforms under article 1.17 of the Revitalised Peace Agreement, some progress has been made in the establishment of the ad hocJudicial Reform Committee. The Parties have submitted their nominations to IGAD, except I-TGoNU.IGAD has also commenced the process of selecting both the Chair and Deputy Chair of the Committee.  I urge the I-TGoNU to submit its nominees, and IGAD to expedite the selection of the two positions. 

Excellencies, Ladies and Gentlemen,

9.  Next, under Chapter 2 on Security Arrangements, progress includes:

9.1.  the cessation of hostilities and the Permanent Ceasefire amongst the signatories to the Agreement continues to hold; 

9.2.  CTSAMVM continues to monitor and verify compliance by the Parties to the Permanent Ceasefire; and 

9.3.  some components of the 83,000 Necessary Unified Forces (NUF) have been trained, although these are yet to be graduated and redeployed as required by the R-ARCSS.

10.Keycritical issues to mention under security arrangements include:

10.1.  non-completion of the unification of forces, including no agreement so far on the command structure and force ratios, absence of any redeployment of the trained component of the Necessary Unified Forces (NUF). This contributes to the worsening security situation at the subnational level, compounds public frustration with the Parties, and undermines confidence in the peace process;

10.2.  lack of funding and resources for cantonment sites, and training centres; and

10.3.  lack of funding and resources to the DDR process, which is a very critical and essential component of the stabilisation of the country.

Excellencies, Ladies and Gentlemen, 

11.There are growing concerns over the worsening security situation. This includes CTSAMVM reports of violence in different parts of the country, such as the clashes between sections of SPLA-IO in Magenis. Furthermore, there have been distressing reports of violence between Balanda and Zande communities, in Tambura, Western Equatoria State, resulting in deaths of many civilians, including women and children, and internal displacement of some 80,000 civilians. The Joint Defence Board dispatched a team to Tambura to investigate the violence and recommended in the first instance the relocation of the forces. The convening of dialogue and reconciliation between the communities in conflict, involving both local and state-level leaders, is strongly recommended. In support of these efforts, RJMEC took part in an important High-Level Delegation visit to Tambura, organised by UNMISS on 16 September 2021. There is need for dialogue and peaceful resolutions to both these and other inter-communal and intra-party conflicts as opined in the region.

12.Furthermore, insecurity on the Juba–Nimule Road, and other main transport routes, must be addressed as a matter of urgency, as they are lifelines which underpin not only the normal functioning of the economy, but are also critical for humanitarian service delivery to those in dire need of aid. In late August, in Central Equatoria State, the looting of humanitarian supplies, destruction of NGO property, abduction of civilians and the rape of a 12-year-old girl at Nyore IDP Camp in the Lasu area took place, according to CTSAMVM reports.

13.Thereare recent attacks which have been attributed to the holdout groups, which CTSAMVM are investigating. While RJMEC remains concerned with the non-implementation of the Rome Resolutions, we appeal to the Parties concerned to resume negotiations underthe auspices of the Community of Sant’Egidio, which offers the opportunity to find a lasting solution.

Excellencies, Ladies and Gentlemen,

14.In termsof progress, under Chapter 3 on humanitarian affairs:

14.1.  some humanitarian corridors have been opened.  Some IDPs and refugees are gradually returning. Access impediments have generally reduced, but pockets of insecurity associated with SSOMA/NAS activities, inter-communal and subnational violence, or criminality, are reversing some of these gains, as witnessed with the loss of four aid workers this year, and recent events in Tambura.

15.Criticalissues to mention under the humanitarian chapter include: 

15.1.the worsening dire humanitarian situation experienced by millions of South Sudanese; and 

15.2.delayed establishment of the Special Reconstruction Fund (SRF) and Board (SRFB) as per Article 3.2 of the Agreement, to support the implementation of the Agreement, and pave the way for the convening of a donor pledgingconference.

16.I look forwardto UNMISS providing us with a more detailed picture of the current humanitarian situation. 

Excellencies, Ladies and Gentlemen, 

17.Progressunder Chapter 4 on economic and financial management reform includes:

17.1.the establishment of a competent and effective mechanism that oversees revenue collection, budgeting, revenue allocation and expenditure, which prioritised nine major reforms mandated in the R-ARCSS; and

17.2.improved revenue collection through the strengthening of tax administration, and establishment of a single treasury account. 

18.Key outstanding issues to mention under economic and financial managementinclude:  

18.1.  absence of the operationalisation of key institutions such as the National Audit Chamber, and the Anti-Corruption Commission.

18.2.  the absence of an approved national budget for the last two years; and

18.3.  finalisation by the RTGoNU of all the reviewed and drafted bills, including legislation to establish the Economic and Financial Management Authority and its supervising board to ensure effectivenessin discharging its duties. 

19.Regardingresource, economic and financial management, some recent progress has been made. The Ministry of Petroleum, for instance, identified loans collateralised by oil and forwarded to the Ministry of Finance for repayment. Bidding for oil blocks is now conducted transparently in the international market. The Ministry of Petroleum appealed to the Ministry of Finance and Planning to create the reserve funds from the petroleum revenue due to the Government. This requires 15% to go to the petroleum Revenue Stabilization Account and 10% to the future generations fund. Accordingly, we expect a more transparent and accountable sector. 

20.However, the review and transformation of the national oil company, the Nile Petroleum Corporation, which is crucial for transparency and accountability, has not commenced. It remains under the purview of the Presidency rather than the Ministry of Petroleum as required in article 4.8.1.14.14 of the Agreement. 

Excellencies, Ladies and Gentlemen,

21.Progress under Chapter 5 on transitional justice includes: 

21.1.  a roadmap for the implementation of chapter 5 has been approved by the Council of Ministers, with the Ministry of Justice and Constitutional Affairs appointed as lead Ministry;

21.2.  a Ministerial Taskforce has been appointed to coordinate implementation of Chapter 5; and 

21.3.  a Technical Committee has also been established to conduct nationwide consultations that will inform the legislation establishing the Commission for Truth Reconciliation and Healing (CTRH). 

22.Key outstanding critical issues to mention under transitional justice include:

22.1.  establishment of the Chapter 5 Mechanisms, especially the Hybrid Court for South Sudan and the Compensation Reparation Authority, to promote national reconciliation, healing and accountability: and 

22.2.  a dedicated funding for the Chapter 5 Mechanisms.  

23.Despite the establishmentof the Technical Committee for the Commission on Truth, Reconciliation and Healing (CTRH), it is yet to commence public consultations. The Committee is in urgent need of financial and technical resources from RTGoNU and international partners. In regards to the Hybrid Court for South Sudan (HCSS), I understand that the RTGoNU has approached the African Union to push forward the establishment of this Mechanism. I urge the RTGoNU and partners to give their full support to these critical processes. 

Excellencies, Ladies and Gentlemen, 

24.Progressunder chapter 6, the Permanent Constitution-making process includes: 

24.1.  preparations for the making of the permanent constitution are underway. The RJMEC successfully convened the Workshop for the Parties who agreed on the details for conducting the process as mandated under Article 6.7. The Ministry of Justice and Constitutional Affairs has completed drafting the Legislation to govern the Constitution-making process, which is now before Cabinet. 

25.Key outstanding issues to mention under the permanent constitution-making process include:

25.1.  adoption and enactment of the Constitution-Making Process Bill 2021 and establishment of the relevant mechanisms to embark on the making of the new constitution.

Excellencies, Ladies and Gentlemen,

26.Despite the achievements and challenges just mentioned, there are some cross-cutting challenges which have hampered the implementation of the Revitalised Peace Agreement thus far. These must be urgently and collectively addressed, if progress is to be sustained and accelerated. These are: 

26.1. insufficient political will among the Parties to compromise where needed and adhere to the letter and spirit of the Agreement;

26.2. trust deficit and lack of confidence among the Partiesincluding intra-Party disagreements and in-fighting, which continues to undermine progress in implementation of the Agreement generally; 

26.3.  missed timelines, delays and lack of prioritisation of key tasks, and inability of the Parties to sufficiently coordinate, cooperate, collaborate, compromise, and to forge consensus.     

26.4.  lack of sufficient funding and resources needed for the full implementation of the Agreement generally, and lack of prioritisation of critical security tasks such as Phase 1 graduation and redeployment of the Necessary Unified Forces, logistical supply for the cantonment sites and training centres, and the DDR Commission; and

26.5.  lack of efficient and effective coordination between the National Transitional Committee (NTC) and the Security Mechanisms, especiallyon logistics planning, and finance. 

Excellencies, Ladies and Gentlemen,

27.Given these serious challenges, and in our efforts to help unlock some impasses in the implementation of the Agreement, I have been involved in a number of high-level diplomatic engagements with the RTGONU leadership and the regional leaders to impress upon them the urgency of addressing critical issues that continue to impede progress.

28.Following my mission to Khartoum in June 2021 where I met H.E. Abdalla Hamdok, Prime Minister of the Republic of Sudan, Lt. Gen. Abdel Fatteh al Burhan,Head of the Transitional Sovereignty Council,I have continued the series of high-level engagements. Recently, together with the IGAD Special Envoy to South Sudan, H.E. Dr. Ismail Wais, we briefed H.E. Yoweri Museveni, President of Uganda, on the status of implementation of the R-ARCSS and appealed for his intervention to assist the Parties overcome the impasses. I also plan to continue with high-level diplomatic engagements with the leadership of IGAD member states on the same. 

Excellencies, Ladies and Gentlemen,

29.In conclusion, even though some progress has been made in the area ofgovernance, a critical concern remains on the security arrangements, which is fundamental to the peace process. The incidents in Tambura should serve as a stark reminder of their importance. I would like to make the following recommendations to this meeting:

29.1. urge the reconstituted TNLA to embark on their legislative and oversight functions, including expediting the enactment of the pending bills;

29.2. urge the RTGoNU to take concrete steps to address community-based and subnational conflicts, including operationalising the State-level security structures;

29.3. urge the RTGoNU to make financial resources available for the implementation of the Agreement, particularly completion of the Transitional Security Arrangements, and for DDR programmes;

29.4. appeal to the leadership of the Parties to urgently resolve the issue of the ratio of the unified forces and the unified command structure of the Necessary Unified Forces;

29.5. appeal to all Parties to the Sant’Egidio-led mediation to adhere to the Rome Resolutions, and to resume talks;  

29.6. appeal to the RTGoNU and international partners to urgently establish the Special Reconstruction Fund; 

29.7. urge the RTGoNU to initiate and legislate the establishment of the Economic and Financial Management Authority; 

29.8. urge the Technical Committee on the establishment of the CTRH to commence public consultations, and for partners to assist through the provision of financial and technical resources.

30.AsI said at the outset, we are three years into the implementation of the R-ARCSS and roughly halfway through the Transitional Period. Our stock-taking shows that for all that has been achieved, much more remains to be done. I look forward to this meeting recommending remedial measures to address the challenges which continue to slow progress in implementation. 

31.I wishyou fruitful deliberations. 

Thankyou. 

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 23 September 2021 , Juba, South Sudan

There must be urgency and collective efforts to address impediments, if progress on the R-ARCSS is to be sustained and accelerated

The Revitalised Joint Monitoring and Evaluation Commission (RJMEC) met in Juba on Thursday 23 September, 2021. 

In his address to the meeting, RJMEC Interim Chairperson Maj. Gen. Charles Tai Gituai took stock of the progress made in the implemenation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ACRSS) over the last three years and outlined key challenges hampering its implementation. 

Even though progress has been made in certain areas, the Interim Chairperson said, insufficient political will among the Parties, trust deficit and lack of confidence among the Parties including intra-Party disagreements and in-fighting, continue to undermine progress in the implementation of the Agreement generally.

At this point three years into the implementation of the R-ARCSS and roughly halfway through the Transitional Period, the Interim Chair said that missed timelines, delays and lack of prioritisation of key tasks, and inability of the Parties to sufficiently coordinate, cooperate, collaborate, compromise, and to forge consensus, hampers the implementation of the R-ACRSS. Furthermore, other challenges includes the lack of sufficient funding and resources that are needed.  

On the Transitional Security Arrangement (TSAs), the Chairperson said that non-completion of the unification of forces, including no agreement so far on the command structure and force ratios, absence of any redeployment of the trained component of the Necessary Unified Forces (NUF) has contributed to the worsening security situation at the subnational level, compounds public frustration with the Parties, and undermines confidence in the peace process.  

Maj. Gen. Charles Gituai has further urged the reconstituted Transitional Legislative National Assembly (TNLA) to “embark on their legislative and oversight functions, including expediting the enactment of pending bills.”

ENDS

BY MAJ. GEN. CHARLES TAI GITUAI

Sunday 12 September 2021 marks the third anniversary of the signing of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). The anniversary provides all of us the opportunity to take stock of the milestones achieved so far, the challenges we encountered, and to map out the strategy on the way forward.  

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) welcomes the swearing in of the members of the reconstituted Transitional National Leglislative Assembly (TNLA), and the Council of States of the Revitalised Transitional Government of National Unity (RTGoNU) of the Republic of South Sudan in Juba. 

Communication Office

PRESS RELEASE

(For Immediate Publication)

Tuesday, 3 August 2021 2021 , Juba, South Sudan

RJMEC welcomes the swearing in of the Transitional National Legislature

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) welcomes the swearing in of the members of the reconstituted Transitional National Leglislative Assembly (TNLA), and the Council of States of the Revitalised Transitional Government of National Unity (RTGoNU) of the Republic of South Sudan, yesterday at Freedom Hall, in Juba. Furthermore, RJMEC welcomes the appointment of Hon. Jemma Nunu Kumba and Hon. Deng Deng Akon as the Speaker of the reconstituted TNLA and of the Council of States, respectively.

It is encouraging to note that the Speaker of the reconstituted TNLA, and a Deputy Speaker of the Council of States are women. The appointment of women in these positions is a commendable step in line with the spirit of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).    

Taken together, these two bodies form the Transitional National Legislature (TNL). A legislature made up of members from the different Parties to the R-ARCSS and representing the diverse people of South Sudan performs vital tasks including making and debating legislation, and performing oversight tasks. 

Much work awaits the members of the reconstituted TNLA and CoS, such as the ratification of the amended security bills and the Constitutional Amendment Bill No. 8 (2020), which were drafted by the National Constitutional Amendment Committee (NCAC) and presented to the Minister of Justice and Constitutional Affairs. 

With the momentum created, RJMEC expects that the RTGoNU will now focus on the completion of the outstanding governance issues, including the reconstitution of the State Legislature, and the restructuring and reconstitution of Institutions and Commissions at the national level. 

RJMEC urges the reconsituted TNLA to use its good offices to push forward the completion of the outstanding security issues, including the graduation and redployment of the unified forces. 

RJMEC also urges that the necessary steps be taken by those repsonsible for the remaining members of the two bodies to be appointed and/or sworn in. 

ENDS

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 22 July 2021 , Juba, South Sudan

RJMEC convenes its 18thmonthly plenary, lack of implementation of Transitional Security Arrangements remains a critical concern

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 22 July 2021, held its 18thmonthly meeting in Juba, South Sudan. 

During the meeting, RJMEC Interim Chairperson Maj. Gen. Charles Tai Gituai said that a lack of implementation of the Transitional Security Arrangements remains a “critical concern”.

“Even though some progress has been made in some areas of implementation of the (Peace) Agreement, a critical concern remains on the security arrangements, which is fundamental to the peace process.” General Gituai also appealed to the Parties to “urgently resolve the issue of the ratio of the unified forces and the unified command structure of the Necessary Unified Forces.” 

The Interim Chairperson further urged the RTGoNU (Revitalised Transitional Government of National Unity), “in the spirit of addressing the insecurity in the country”, to expedite the unification of forces and the Transitional Security Arrangements, and establish the state security committees.

“I urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including graduation and redeployment of unified forces,” he added.

Emphasising the importance of the Reconstituted Transitional National Legislative Assembly (TNLA) and the Council of States, Maj. Gen. Gituai told the meeting that the swearing in of the members of these bodies should take place, while adhering to the 35% level of women representation and fair representation of the youth.

“This is important, particularly in the case of the TNLA because it should, upon commencement of its work, immediately ratify some important legislation that has been held up,” he said.

In his recommendations, the Interim Chairperson appealed to the Parties to the Agreement for continued dialogue and trust- and confidence-building among them on all unresolved issues, “with a greater show of political will and commitment.”

“With the memories of celebrating ten years of independence fresh in our minds, we note that the months of August and September mark the halfway point of the Transitional Period and the three years since the signing of the R-ARCSS respectively.”

“It is therefore imperative that the RTGoNU redoubles its efforts on the implementation of the remaining tasks that lay ahead of them,” he noted.

FULL STATEMENT: https://www.jmecsouthsudan.org/index.php/jmec-statements/item/573-statement-by-h-e-maj-gen-charles-tai-gituai-rtd-interim-chairperson-rjmec-to-the-18th-rjmec-monthly-meeting-thursday-22-july-2021-juba-south-sudan 

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 22 July 2021, held its 18thmonthly meeting in Juba, South Sudan. 

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning. 

1.  First of all, I would like to take this opportunity to wish you all a Happy Independence Day which took place on 9 July 2021, and for our Muslim brothers and sisters, I wish you an Eid Mubarak.

First and foremost, this is a message of congratulation to the people of South Sudan on achieving ten years of independence. Hard fought and long in coming, that moment of liberation is truly something to be celebrated. Though the challenges since have been numerous, the achievement is nonetheless great, and we must all believe that the future is bright. 

A high-level delegation took a trip to Greater Pibor Administrative Area (GPAA) took place yesterday, 1 June 2021. RJMEC Chair Maj Gen Charles Tai Gituai travelled along with the Head of African Union Mission, Professor Joram Biswaro, IGAD Special Envoy for South Sudan, Dr Ismail Wais, UNMISS SRSG Nicholas Haysom and DSRSG Guang Cong, and esteemed members of the African Diplomatic Corps from the region, including Djibouti, Ethiopia, Kenya, Somalia and Uganda, as well as from the Democratic Republic of Congo, South Africa, and Zimbabwe.