RJMEC BRIEFS PARLIAMENT, AND WITH A WEEK TO THE 5TH ANNIVERSARY OF THE R-ARCSS, NOTES SEVERAL CRITICAL BENCHMARKS REMAIN UNACCOMPLISHED
Communication Office
PRESS RELEASE
(For Immediate Publication)
Tuesday, 05 September, 2023, South Sudan
RJMEC BRIEFS PARLIAMENT, AND WITH A WEEK TO THE 5TH ANNIVERSARY OF THE R-ARCSS, NOTES SEVERAL CRITICAL BENCHMARKS REMAIN UNACCOMPLISHED
The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has today Tuesday September 5, 2023, addressed the Reconstituted Transitional National Legislative Assembly (RTNLA) in Juba.
In his briefing delivered pursuant to Article 7.9 of the Revitilised Peace Agreement, which mandates RJMEC to report quarterly to the Parliament and provide detailed update on the status of implementation of the Agreement, Amb. Gituai observed that: “Several critical benchmarks remain unaccomplished as outlined in the Roadmap, including the unification of forces, the making of the permanent constitution, enactment and operationalization of legal frameworks and electoral processes in preparation for elections scheduled for December 2024.”
The Chairperson further noted that “following the Phase I graduation of 55,000 troops between August 2022 and January 2023, there has been no further progress on the unification of the Necessary Unified Forces (NUF). The graduated forces are still in the Training Centres, yet to be redeployed and in dire need of logistical support.”
“Additionally, there is no progress in Phase II of the unification of forces and the DDR process remains unfunded,” Amb. Gituai added. The Chairperson further provided Chapter-by-Chapter update on the Agreement, observing for instance, that on the humanitarian front, the disruption of trade routes between Sudan and South Sudan linked to the recent conflict has also negatively affected the supply of food and other essential goods into South Sudan, resulting in scarcity and increase in prices.
Furthermore, he said, the long overdue establishment of the Special Reconstruction Fund (SRF) Board, remains a concern especially in view of increasing needs and dwindling funding for humanitarian support, recovery as well as the implementation of Chapter III of the Agreement.
The Interim Chairperson also reminded the lawmakers of their critical role in ensuring that relevant key legislations are prioritised for enactment in order to hasten implementation of the Agreement. These legislations include the National Elections Bill, the National Security Service Bill, Land Policy and Public Finance Management (PFM) legislation.
In his conclusion, Amb. Gituai noted that this month, September 2023 marks one year since the endorsement of the Roadmap and five years since the Revitalised Peace Agreement was signed. “It is therefore, important to reflect on the road which we have traveled thus far in the implementation of the R-ARCSS.”
“It is critical to underscore the need for sufficient political will, commitment of resources by the RTGoNU and for the Parties to the Agreement to build trust and confidence.”
ENDS
RJMEC Chairperson, Amb. Charles Tai Gituai address to the Reconstituted National Legislative Assembly (RTNLA) Sep 5 23
Prioritize enactment of crucial Bills, RJMEC tells legislators
The Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) Amb. Maj. Gen. Charles tai Gituai has on Tuesday September 5, 2023, addressed the Reconstituted Transitional National Legislative Assembly (RTNLA) in Juba.
BRIEFING BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON TO THE RECONSTITUTED TRANSITIONAL NATIONAL LEGISLATIVE ASSEMBLY, SEPTEMBER 5, 2023 JUBA, SOUTH SUDAN
- Rt Honourable Speaker,
- Rt Honourable Deputy Speakers,
- Honourable Members,
- Distinguished Ladies and Gentlemen.
Good morning
1. I am honoured, as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), to brief the Reconstituted Transitional National Legislative Assembly on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This briefing is pursuant to Article 7.9 of the Revitalised Peace Agreement which mandates RJMEC to report quarterly to and brief this august House. It therefore covers the second quarter of this year, from April 1 to June 30, 2023.
2. During this period, I had the opportunity to brief H.E. Salva Kiir Mayardit, Presidentof the Republic of South Sudan, H.E. Dr Riek Machar, First Vice President, H.E. Dr William S. Ruto, President of the Republic of Kenya, and the United Nations Security Council on the status of implementation of the R-ARCSS.
3. In addition, I attended the 14th Ordinary Summit of the IGAD Heads of State and Government in Djibouti, and held substantive discussions with H.E. Dr Workneh Gebeyehu, Executive Secretary of IGAD and H.E. Dr Ismail Wais, IGAD Special Envoy for South Sudan. The focus of the RJMEC’s engagements highlighted above was to provide a detailed assessment on the status of implementation of the Revitalized Peace Agreement, raise concerns over the slow pace of implementation and highlight risks associated with the parties’ inability to complete implementation of the critical benchmarks required for the conduct of peaceful and credible elections in 2024. I also appealed for more support to the South Sudan peace process.
4. In light of the aforementioned, my briefing to this august House is a summary of the RJMEC Quarterly Report which was earlier forwarded to you. I will provide a chapter-by-chapter update on the status of implementation for the reporting period, highlight critical pending tasks in the Roadmap, particularly those critical for the conduct of elections, reflect on the recurring challenges and conclude with recommendations.
Rt Hon. Speaker, Honourable Members.
5. In terms of governance, some progress has been made by the ad hoc Judicial Reform Committee (JRC) pursuant to its mandate of studying and making recommendations to the RTGoNU for consideration on appropriate judicial reforms in the Republic of South Sudan. To that end, the JRC held regional public consultations in three States in the country in June 2023 so as to incorporate stakeholders’ perspectives to enrich its report.
6. The mandate of the National Constitutional Amendment Committee (NCAC) tasked by the R-ARCSS to draft, amend and review legislation which lapsed in May 2023 was extended by the RTGoNU for an additional six months to enable the Committee to complete its tasks. The following are the pending legislation to be reviewed and amended by the NCAC: the Non-Governmental Organisation Act, the Investment Promotion Act, the Mining Act, the Transport Act, the Pension Fund Act, and the Telecommunication Act.
7. On national elections, the Roadmap of the R-ARCSS provides that elections are to be held in December 2024. For this to happen, legal, security and institutional frameworks for holding credible elections should be in place by now. These benchmarks include, among others, enactment of the National Elections Bill, and reconstitution and full operationalization of the National Elections Commission (NEC) and the Political Parties Council (PPC). The National Elections Amendment Bill is before this august House for consideration to pave the way for reconstitution of the National Elections Commission.
8. Progress towards operationalisation of the Political Parties Council has been slow despite the enactment of the Political Parties (Amendment) Act in June 2022. The Political Parties Council is a crucial institution for the registration of political parties and will, among others, help to protect political and civic space for citizens' participation in all spheres of governance.
9. Regarding the Permanent Ceasefire and Transitional Security Arrangements, RJMEC observes that the Permanent Ceasefire has continued to hold. However, CTSAMVM reported two violations to RJMEC and IGAD regarding detention of an SPLA-IO officer and National Salvation Front (NAS) attack on SSPDF in Central Equatoria State. Clashes between civilians were also reported in the Malakal Protection of Civilians site.
10. Following the Phase I graduation of 55,000 troops between August 2022 and January 2023, there has been no further progress on the unification of the Necessary Unified Forces (NUF). The graduated forces are still in the Training Centres, yet to be redeployed and in dire need of logistical support. Additionally, there is no progress in Phase II of the unification of forces and the DDR process remains unfunded.
11. Despite the aforementioned setbacks, there has been some progress in the enforcement of accountability among the SSPDF who commit crimes against civilians. For example, the SSPDF conducted a General Court Martial (GCM) in Yei River County, Central Equatoria State, which heard 29 cases. These accountability efforts culminated in convictions for murder, rape, sexual harassment, and loss of weapons and ammunitions.
12. The National Police Service (NPS) and the Ministry of Justice and Constitutional Affairs (MoJCA) in collaboration with the University of Juba are implementing police reform initiatives. Furthermore, the National Police Service Directorate of Community Policing, launched the Voluntary Civilian Disarmament Strategy, which aims at voluntary disarmament of communities and enhancement of their protection.
13. On humanitarian assistance, the onset of rains and the influx of refugees and returnees from Sudan have exacerbated the already severe humanitarian needs in the country. This is compounded by the cumulative effects of prolonged intercommunal conflicts, long-term flooding and high levels of food insecurity. The disruption of trade routes between Sudan and South Sudan has also negatively affected the supply of food and other essential goods into South Sudan, resulting in scarcity and increase in prices. The overall humanitarian situation is worsened by shortage of basic services and limited funding to cover over nine million people already in need of humanitarian assistance and protection in South Sudan.
14. The long overdue establishment of the Special Reconstruction Fund (SRF) Board remains a concern especially in view of increasing needs and dwindling funding for humanitarian support, recovery as well as the implementation of chapter III of the Agreement. The purpose of the Special Reconstruction Fund is to avail funding to support, among others, reconstruction as well as relocation, resettlement and reintegration of the IDPs and returnees.
Rt Hon. Speaker, Honourable Members,
15. On the management of economic and financial resources, progress has been slow in implementing the provisions aimed at improving the systems geared to the efficient management of public funds. These systems must be put in place in a timely manner to ensure that the resources, financial or natural, are beneficial to the people of South Sudan.
16. South Sudan is experiencing challenges in land administration in defining the roles of the existing institutions at national, state and local government levels. Currently the country relies on the pre-independence 2009 Land Act, while each state has its own land policies, laws and regulations. The RTNLA is required to adopt the reviewed Land Policy which will go a long way in addressing challenges in the land sector, including land grabbing, boundary disputes, conflicts over access to pasture. Consequently, RTNLA should prioritise land related legislation to support these reform efforts.
Rt Hon. Speaker, Honourable Members,
17. There has been slow progress in implementing Public Financial Management reforms. It is critical that this august House expedites the enactment of the bills to support these reforms. As a result, a considerable number of provisions in this area have missed their benchmark dates as indicated in the Roadmap. There is need for transparency and accountability in order to attract international support for the execution of South Sudan’s sustainable peace and development agenda.
18. Regarding transitional justice, the RTGoNU convened a conference under the theme Building a Sustainable Transitional Justice System for South Sudan in May 2023 in Juba. The Bills for the Commission for Truth, Reconciliation and Healing and the Compensation and Reparation Authority have been drafted and submitted to the Council of Ministers for approval before presentation to this august House for enactment.
19. In terms of the permanent constitution-making process, a critical requirement for the conduct of elections and post-transition governance arrangements, very little progress has been made in the operationalization of the Constitution Making Process Act 2022. This august House passed this Bill and was assented to by His Excellency the President, in December 2022. The institutions required to drive the process forward, such as the National Constitutional Review Commission (NCRC) is still not reconstituted and the Constitutional Drafting Committee (CDC) and the Preparatory Sub-Committee for the National Constitutional Conference (NCC) are not yet established.
Rt Hon. Speaker, Honourable Members,
20. In conclusion, during the period under review, very little was accomplished with regard to improving the overall pace of implementation of the Revitalised Peace Agreement. Overall, tasks related to the permanent constitution-making and electoral processes have stalled, and critical benchmarks outlined in the Roadmap are yet to be implemented.
21. In light of the aforementioned, the report makes the following recommendations:
21.1. To the Parties to the Agreement and Relevant Stakeholders, submit lists of their nominees to the various Constitution-making mechanisms;
21.2. To the Reconstituted Transitional Government of National Unity:
a. expeditiously reconstitute the NCRC and establish the Preparatory Sub-Committee and other relevant mechanisms for the constitution-making process to proceed;
b. urgently expedite the establishment and operationalization of the relevant constitution-making institutions and mechanisms;
c. complete the review of the CTRH and CRA Bills and forward them to the RTNLA for enactment;
d. provide basic services to citizens to promote the relocation, resettlement and reintegration of IDPs and returnees; and
e. expeditiously establish the Special Reconstruction Fund Board to pave way for the convening of the South Sudan Pledging Conference.
21.3. To this august House, expedite the deliberation and enactment of all the outstanding bills before you, including the National Elections, the National Security Service (NSS) and the Public Finance Management (PFM) Bills.
22. In conclusion, I would like to note that this month of September marks exactly one year since the endorsement of the Roadmap. More importantly, in a week’s time, on 12 September, South Sudan will be marking exactly five years from the day the Revitalised Peace Agreement was signed. It is therefore important to reflect on the road which we have traveled thus far in the implementation of the R-ARCSS. Despite this journey, several critical benchmarks remain unacomplished, including the unification of forces, the making of the permanent constitution, enactment and operationalization of legal frameworks and electoral processes in preparation for elections scheduled for December 2024.
23. In this regard, it is critical to underscore the need for sufficient political will, commitment of resources by the RTGoNU and for the Parties to the Agreement to build trust and confidence.
24. On RJMEC’s part as the oversight institution of the R-ARCSS, it shall continue to monitor, evaluate and report on the status of implementation of the R-ARCSS pursuant to its mandate, as envisaged under Chapter 7.
I Thank You!
RJMEC HOLDS MONTHLY MEETING ONE YEAR AFTER ROADMAP ENDORSED; MANY MILESTONES STILL TO BE ACHIEVED
Communication Office
PRESS RELEASE
(For Immediate Publication)
Thursday, 10 August, 2023, Juba, South Sudan
RJMEC HOLDS MONTHLY MEETING ONE YEAR AFTER ROADMAP ENDORSED; MANY MILESTONES STILL TO BE ACHIEVED
The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 10 August, 2023, convened its 31st monthly meeting in Juba.
Speaking during the opening of meeting, the RJMEC Interim Chairperson, Ambassador Major General Charles Tai Gituai, said that this meeting marks the first anniversary of the endorsement of the Roadmap by the Parties, and therefore “we should take stock on what has been achieved, what is pending, and what needs to be done in the remaining time of the extended Transitional Period.”
Noting that elections are due in December 2024 according to the Roadmap, the RJMEC Chair then gave a chapter by chapter assessment of the critical pending tasks, reaching the conclusion that “it is evident that many milestones are still to be achieved, and yet it is barely 16 months away from elections.”
Amb. Gituai informed the meeting: “Regarding preparations for elections, in addition to the amendment of the national election law and reconstitution of the National Elections Commission, all the other tasks, including the reconstitution of the Political Parties Council, and establishment of election management structures at the sub-national levels, are still pending.” Furthermore, regarding the unification of forces, the RJMEC Chair added, phase one of the Necessary Unified Forces has graduated but not yet been redeployed, and phase 2 is yet to commence.
With this in mind, Amb. Gituai invited the RJMEC members present to reflect on whether the implementation of the critical pending tasks is on track, and at the appropriate pace? Further, the RJMEC Chair asked, “will the pre-requisites for free and fair elections be implemented within timelines? And how?”
In closing, the RJMEC Chair gave his recommendations regarding key elections-related tasks, given the time remaining.
a) expedite the reconstitution of the Political Parties Council and the National Constitutional Review Commission;
b) expedite the enactment by the Transitional National Legislature of the National Elections Act, paving the way for the reconstitution of a credible and impartial National Elections Commission;
c) expedite the completion of the unification of forces, and provide adequate resources to the Security Mechanisms;
d) provide timely and sufficient resources for the implementation of all the critical pending tasks of the Revitalised Agreement;
e) encourage the expansion of political and civic space for all South Sudanese to take part in the conversations surrounding their participation in the political process; and
f) ensure that women’s representation in the political process attains minimum 35%, including in the Constitution-making bodies.
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON – RJMEC, TO THE 31ST RJMEC MONTHLY MEETING THURSDAY, 10 AUGUST 2023 JUBA, SOUTH SUDAN
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON – RJMEC, TO THE 31ST RJMEC MONTHLY MEETING THURSDAY, 10 AUGUST 2023 JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning.
1. Welcome to the 31st RJMEC plenary meeting. As you may recall, in December 2021, faced with delays in the implementation of the critical pending tasks of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), RJMEC requested the Parties and the Revitalised Transitional Government of National Unity (RTGoNU) to develop and present their plan and strategy on how they will implement the critical pending tasks of the Agreement, in the remaining period of the Transition, which was supposed to have ended in March 2023.
2. In response, on 4th August 2022, the Parties to the Agreement endorsed the Agreement on a Roadmap to a Peaceful and Democractic End of the Transitional Period of the R-ARCSS. The Roadmap, which sought to extend the timeline of the Transitional Period by twenty-four months from February 2023, outlined a number of priority tasks with timelines that the Parties to the Agreement considered critical for completion, before the conduct of peaceful and democratic elections in December 2024.
3. Therefore, as we mark the first anniversary of the endorsement of the Roadmap by the Parties, we should take stock on what has been achieved, what is pending, and what needs to be done in the remaining time of the extended Transitional Period.
4. In my remarks this morning, I will first take stock of the critical pending tasks which in accordance with the Roadmap should have been completed by now, then highlight some recent steps forward since our last meeting, offer my recommendations, and then invite the RTGoNU, the Parties to the Agreement, and all of us here, to discuss this, and offer remedial guidance on the way forward.
Excellencies, Ladies and Gentlemen,
5. Firstly, under the governance chapter. As per the Roadmap, by August 2023, the following pending tasks should have been completed by now, namely:
a. the work of the ad hoc Judicial Reform Committee with a report presented to RTGoNU; review of the Judiciary Act and reconstitution of the Judicial Service Commission;
b. the reconstitution of the Political Parties Council as well as other Institutions and Commissions at the national level, including the National Elections Commission, the bill for which is still before the reconstituted Transitional National Legislative Assembly (TNLA); and
c. the drafting of amendments to relevant laws by the National Constitutional Amendment Committee (NCAC), and in this regard, six laws are yet to be reviewed, some are still with the Minister of Justice and Constitutional Affairs, others are before reconstituted TNLA, and the enacted ones are yet to be operationalised.
6. Regarding preparations for elections, in addition to the amendment of the national election law and reconstitution of the National Elections Commission, all the other tasks, including the reconstitution of the Political Parties Council, and establishment of election management structures at the sub-national levels, are still pending.
7. Regarding Chapter 2 on the Transitional Security Arrangements:
a. phase one of the Necessary Unified Forces has graduated but not yet been redeployed;
b. unification of the mid-level echelons of the command structure is not complete;
c. phase 2 is yet to commence;
d. the Strategic Defence and Security Review Board has yet to complete its work; and
e. Demobilisation, Disarmament, and Reintegration (DDR) is yet to start.
8. Under Chapter 3 on humanitarian affairs:
a. Review and amendment of the NGO Act to conform to international standards in regulating the operating environment of NGOs is still pending; and
b. Establishment of the Special Reconstruction Fund and Board to help humanitarian and reconstruction efforts, and subsequent convening of the pledging conference, are still pending.
9. Under Chapter 4 on economic, financial and resource management, the following key tasks are pending, among others:
a. key pieces of legislation that determine the conduct of managing public funds, such as the Anti-Corruption Commission, the Audit Chamber, or the National Revenue Authority;
b. development and implementation of the policies, strategies and programmes needed to achieve inclusive growth and sustainable development through the management of natural resources;
c. the finalisation, legislating and implementing of both the Youth and Women’s Enterprise Funds bills to enhance livelihoods; and
d. the development of an implementation strategy to ensure that the management of land and land-based resources is sustainable.
10. Regarding Chapter 5 on Transitional Justice and Accountability, none of the three mechanisms envisaged by the Agreement is in place.
11. In terms of the Chapter 6 on the permanent constitution-making process, despite the enactment of the Constitution Making Process Act 2022 eight months ago, the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee (PSC), two critical institutions mandated to drive forward the constitution-making process, are yet to be reconstituted or established.
Excellencies, Ladies and Gentlemen,
12. I will now highlight some recent steps forward since our last plenary meeting in July:
a. In terms of constitution-making and elections preparations, RJMEC welcomes the expansion of the RTGoNU–UN Joint Taskforce to include the African Union and IGAD.
b. Regarding CTSAMVM’s operational and administrative challenges, efforts have been made by IGAD and RJMEC to remedy the situation, and the matter now rests with the Principals.
c. In terms of police reform initiatives, RJMEC takes note of the introduction of the Voluntary Civilian Disarmament Strategy by the Ministry of Interior. In this regard, the Disarmament of the Civil Population Bill 2023, recently approved by the Council of Ministers, once passed by the reconstituted TNLA and operationalised, will contribute significantly to the reduction of illegal arms in civilian hands.
d. In terms of economic reforms, the recent approval of the revised Land Policy by the Economic Cluster is welcome, and its quick implementation will contribute to the reduction of conflict triggered by land-related disputes. Similarly, it is our expectation that the forthcoming economics conference will generate renewed impetus to the implementation of Chapter 4;
e. Under transitional justice, the Ministry of Justice and Constitutional Affairs is in the final stages of completing the drafting of the CTRH and CRA Bills before submission to the RTGoNU Council of Ministers. I look forward to hearing an update on this from the RTGoNU.
Excellencies, Ladies and Gentlemen,
13. It is evident that many milestones are still to be achieved, and yet it is barely 16 months away from elections. The questions which must be asked to the Parties and the RTGoNU include the following: is the implementation of the critical pending tasks as per the Roadmap on track, and at the appropriate pace? And will the pre-requisites for free and fair elections be implemented within timelines? And how?
14. Given the time remaining, my recommendations to the RTGoNU regarding key elections-related tasks are as follows:
a) expedite the reconstitution of the Political Parties Council and the National Constitutional Review Commission;
b) expedite the enactment by the Transitional National Legislature of the National Elections Act, paving the way for the reconstitution of a credible and impartial National Elections Commission;
c) expedite the completion of the unification of forces, and provide adequate resources to the Security Mechanisms;
d) provide timely and sufficient resources for the implementation of all the critical pending tasks of the Revitalised Agreement;
e) encourage the expansion of political and civic space for all South Sudanese to take part in the conversations surrounding their participation in the political process; and
f) ensure that women’s representation in the political process attains minimum 35%, including in the Constitution-making bodies.
15. In conclusion, it is my expectation that RJMEC members will reflect on the aforementioned assessment, and constructively engage the RTGoNU, including by identifying areas of requisite support to expedite implementation of the critical pending tasks highlighted. Finally, I appeal to the Principals of the Parties signatory to the Revitalised Agreement to consider meeting to take stock of implemention since the Roadmap was endorsed a year ago, and dialogue on how to implement the critical pending tasks in the remaining time.
I Thank You.
With Seventeen months left to elections, critical benchmarks remain unaccomplished
The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has on Thursday July 6, 2023, convened its 30th monthly meeting in Juba, South Sudan. In his address to the meeting, Amb. Maj. Gen. Charles Tai Gituai reiterated the need to hasten the pace of implementation of the Agreement, with only seventeen months to elections scheduled for December 2024.
WITH SEVENTEEN MONTHS LEFT TO ELECTIONS, CRITICAL MILESTONES AS SET OUT IN THE REVITALIZED PEACE AGREEMENT HAVE NOT BEEN ACCOMPLISHED
Communication Office
PRESS RELEASE
(For Immediate Publication)
Thursday, 06 July, 2023, South Sudan
WITH SEVENTEEN MONTHS LEFT TO ELECTIONS, CRITICAL MILESTONES AS SET OUT IN THE REVITALIZED PEACE AGREEMENT HAVE NOT BEEN ACCOMPLISHED
The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has on Thursday July 6, 2023, convened its 30th monthly meeting in Juba, South Sudan. In his address to the meeting, Amb. Maj. Gen. Charles Tai Gituai reiterated the need to hasten the pace of implementation of the Agreement, with only seventeen months to elections scheduled for December 2024.
“To date, critical milestones as set out in the Revitalized Peace Agreement have not been accomplished in accordance to the timelines in the Roadmap,” he said.
Reiterating the need to conduct free, fair, and credible elections as scheduled, Amb. Gituai highlighted key pending benchmarks in the R-ARCSS, including the reconstitution and operationalization of the Political Parties Council and the National Elections Commission, judicial reforms and completion of the unification and redeployment of forces to provide security throughout the electoral process.
He further reitarated that the making of the Permanent Constitution under whose provision elections shall be conducted; and the improvement of political and civic space to enhance public participation in the constitution-making and electoral processes be given a priority.
In his recommendations, the Interim Chairperson called on the Revitalised Transitional Government of National Unity (RTGoNU) to provide adequate and predictable funding for the implementation of all the critical pending tasks of the Agreement and continue to consult and dialogue in the spirit of collegial collaboration and consensus to address emerging issues during the implementation of the Agreement.
In his conclusion, as the Republic of South Sudan prepares to mark its 12th Independence Day on July 8th, Amb. Gituai congratulated the people and government of South Sudan on reaching this “milestone and more importantly on sustaining the peace efforts over the last five years since the signing of the Revitalized Peace Agreement in 2018.”
He added: “South Sudan should seize this opportunity to consolidate the peace dividends and implement the critical tasks in the Roadmap so as to fulfil the aspirations of her people for justice, equality, respect for human rights and the rule of law.”
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON – RJMEC TO THE 30TH RJMEC MONTHLY MEETING, THURSDAY, 06 JULY 2023 JUBA, SOUTH SUDAN
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC, TO THE 30TH RJMEC MONTHLY MEETING, THURSDAY, 06 JULY 2023, JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning!
1. I welcome you to our 30th meeting of the RJMEC. It is our fourth meeting in the 24-month extended Transitional Period. We are now only seventeen months to elections scheduled for December 2024. To date, critical milestones as set out in the Revitalized Peace Agreement have not been accomplished in accordance to the timelines in the Roadmap.
2. In my recent engagements, both within the region and at the international level, it is clear that there is a growing concern regarding the slow pace of implementation of the Agreement in view of the timelines set in the Roadmap. There is therefore need for concerted efforts to fast-track its implementation.
3. My statement this morning will highlight the recent RJMEC engagements with the Parties, other South Sudanese stakeholders, regional leaders, and the international community. I will then provide updates on the progress made since our last meeting and conclude with my observations and recommendations.
Excellencies, Ladies, and Gentlemen,
4. Since our last meeting, I had the opportunity to meet with H.E. Salva Kiir Mayardit, President of the Republic of South Sudan where I briefed him on RJMEC’s assessment of the status of the implementation of the Agreement, as well as concerns over the slow pace of implementation of the critical tasks required for the conduct of credible elections by the end of the Transitional Period, namely redeployment of the Necessary Unified Forces (NUF); reconstitution of the National Constitutional Review Commission (NCRC), and preparation for the conduct of elections. His Excellency the President acknowledged RJMEC’s concerns, recounted the RTGoNU’s ongoing efforts to expedite implementation, and assured RJMEC of his government’s commitment to complete implementation of the critical pending tasks and to hold elections as scheduled.
5. I also met with H.E. Dr. Riek Machar Teny, First Vice President of the Republic of South Sudan, and discussed with him a wide range of issues about the implementation of the R-ARCSS, including the delay by the RTGoNU to complete critical tasks as per the Roadmap. His Excellency the First Vice President reiterated his commitment to implementation of the R-ARCSS to the letter and spirit in order to have credible elections.
6. The RJMEC attended the 14th Ordinary Session of the IGAD Assembly of Heads of State and Government held in Djibouti on 12th June 2023, which among others, deliberated on the crisis in neighbouring Sudan and the peace process in South Sudan. Regarding the South Sudan peace process in particular, the Summit in its communique, among others, took note of the RTGoNU’s commitment to hold elections in December 2024 and urged the government to expedite implementation of key tasks critical for the conduct of the elections.
7. On 20th June 2023, I briefed the United Nations Security Council session in New York, on the RJMEC’s assessment of the status of the implementation of the R-ARCSS and our role in support of the peace implementation. In the briefing, I appealed for international support to the peace process, including direct funding for some of the critical upcoming processes of the permanent constitution-making, election preparations, and the Disarmament, Demobilisation and Reintegration (DDR) program. The Security Council members urged the parties in South Sudan to work collectively to honour their commitments in the R-ARCSS and expressed their backing for strengthening the 35% quota for women as outlined in the R-ARCSS. However, they voiced concerns over the slow progress in implementing the R-ARCSS and failure to meet the agreed targets.
8. I also held separate meetings with the permanent representatives of the IGAD member states, AU C5 and UNSC A-3. I briefed them on the implementation of the R-ARCSS and appealed for support to the South Sudan peace process.
Excellencies, Ladies, and Gentlemen,
9. In terms of the status of the implementation of the Agreement, I will now highlight key observations under each chapter of the Agreement.
10. Under governance, the Judicial Reform Committee (JRC) has so far held stakeholder consultations in Western Bahr el Ghazal, Western Equatoria and Upper Nile States as well as in the Greater Pibor Administrative Area. Perspectives from these stakeholders will be critical in informing the JRC’s recommendations to the RTGoNU on judicial reforms.
11. In terms of legislative reforms, on 5th June 2023, the National Elections Act (Amendment) Bill 2023 and the Anti-Corruption Commission Act (Amendment) Bill 2023 were tabled before the reconstituted Transitional National Legislature (TNL) for consideration and enactment. I encourage the TNL to expedite this process and enact these laws.
12. Regarding the National Constitutional Amendment Committee (NCAC), the RTGoNU has extended its mandate for another four months to enable the Committee to complete its pending tasks, namely: to draft and complete amendments to the NGO, the Investment Promotion, the Mining, the Transport, the Pension Fund, and the Telecommunication Acts.
13. The delayed reconstitution of the Political Parties Council and other independent Institutions and Commissions at the national level continues to impede progress on the implementation of this chapter of the Agreement.
Excellencies, Ladies, and Gentlemen,
14. On the Permanent Ceasefire and Transitional Security Arrangements, the Permanent Ceasefire is still holding, which is a commendable achievement under Chapter II. This notwithstanding, CTSAMVM reported alleged clashes between SPLA-IO forces and some defectors in Maiwut County of Upper Nile State. In Central Equatoria State, CTSAMVM reported increased National Salvation Army (NAS) attacks on both civilians and the SSPDF. There were also clashes allegedly between an SPLA-IO protection force from Panyikang County, Upper Nile State and an SSPDF protection unit from Ruweng Administrative Area which led to injury and loss of life. I would like to hear more from the JDB and CTSAMVM regarding these alleged clashes.
15. On the unification of forces, there is no new progress to report regarding the redeployment of Phase I Necessary Unified Forces, nor the commencement of Phase II NUF training. I would like to hear an update from the RTGoNU and the JDB on these pending tasks.
16. Regarding CTSAMVM’s operational and administrative challenges as reported in the last plenary, I have held several consultations with the concerned parties, the CTSAMVM leadership and the Executive Secretary of IGAD to resolve the issues raised. Consequently, IGAD has reviewed and endorsed the Terms of Reference of the CTSAMVM Chairperson and the CTSAMVM Board. In addition, it has given guidance on the draft Terms of Reference of the CTSAMVM Technical Committee (CTC). CTSAMVM leadership is therefore expected to brief the Board on these outcomes and to present the draft CTC Terms of Reference for endorsement.
17. I would like to commend the SSPDF leadership’s efforts in inculcating discipline and holding the forces accountable as evidenced by its recent General Court Martials which tried 32 cases in Yei, Central Equatorial State. The accused soldiers and junior officers faced offences ranging from murder to sexual and gender-based violence. Sentences handed down included imprisonment, dismissal, reduction in rank, fines and compensation to the victims. It is encouraged that all other forces institutionalize accountability measures and take steps to prevent recurrence of such crimes, especially SGBV and for rehabilitation of victims.
18. On police reforms, efforts are being made to reform the National Police Service as outlined in the National Policing Strategic Plan 2020–2024. In this regard, RJMEC welcomes the ongoing focus on preventing and investigating Sexual and Gender-Based Violence, including by strengthening the police capabilities in identifying and investigating SGBV cases.
Excellencies, Ladies, and Gentlemen,
19. In terms of humanitarian affairs, the onset of rains and the influx of refugees and returnees from Sudan continue to exacerbate the already severe humanitarian needs in the country. However, it is concerning that there is growing population of returnees who are stranded in Renk, Upper Nile State where conditions are deteriorating. I appeal to the RTGoNU and the international community to mobilize additional support for resettlement of the returnees.
20. On resource, economic and financial management, it is noted that there is progress in the budget process. However, there is need for the RTGoNU to fulfil its budgetary commitment of funding Agreement institutions which have continued to face recurrent financial challenges. In this regard, the RTGoNU is urged to create the fiscal space needed to implement the R-ARCSS.
21. Further, the RTGoNU is urged to ensure the establishment of effective public procurement and payroll systems and grant public service concessions, public borrowing and debt management to facilitate transparency and accountability in the public sector, as per articles 4.12.1 of the R-ARCSS.
22. The importance of the private sector as the engine of economic growth cannot be overemphasized, especially in transition economies. It is therefore recommended that the establishment of the Enterprise Development Funds be prioritized in order to improve productivity and to provide the domestic private sector access to finance. In this regard, it is concerning that the legal frameworks for the Youth Enterprise Development Fund and the Women Enterprise Development Fund remain outstanding.
Excellencies, Ladies, and Gentlemen,
23. On Transitional Justice, the drafting of the Commission for Truth Reconciliation and Healing (CTRH) and Compensation and Reparation Authority (CRA) Bills are in progress. It is understood that the two Bills have been substantially reviewed based on expert views arising from the recent Transitional Justice Conference and public consultations. I urge the RTGoNU to expedite completion of the two Bills.
24. Regarding the making of the Permanent Constitution, there is no further progress to report. The National Constitutional Review Commission (NCRC) is yet to be reconstituted and the other mechanisms like Constitutional Drafting Committee (CDC) and Preparatory Sub-Committee (PSC) for the National Constitutional Conference, have not yet been established as required by the Constitution Making Process Act.
25. However, I am informed that the stakeholders have all submitted their lists of nominated representatives to reconstitute the National Constitutional Review Commission (NCRC) and establish the Preparatory Sub-Committee (PSC). The Parties have agreed on the allocation of membership within the NCRC and PSC. I urge the Parties to submit the list of their nominees in order to hasten the reconstitution of the NCRC and establishment of the PSC.
Excellencies, Ladies, and Gentlemen,
26. Overall, it is important to reiterate that in order to conduct free, fair, and credible elections as scheduled, there is need to achieve the following benchmarks in the R-ARCSS:
a. Reconstitution and operationalization of the institutions tasked with the preparation and conduct of elections, namely the Political Parties Council and the National Elections Commission;
b. Judicial reforms to enhance the capacity and independence of the judicial institutions to deal with elections-related disputes;
c. Completion of the unification and redeployment of forces in order to provide security throughout the electoral process;
d. The making of the Permanent Constitution under whose provision elections shall be conducted; and
e. Improvement to the overall political and civic space to enhance public participation in the constitution-making and electoral processes.
27. In view of the aforementioned, it is important to underscore the need to deliberately hasten the pace of implementation of the Agreement. I would therefore like to make the following recommendations to the RTGoNU:
a. provide adequate and predictable funding for the implementation of all the critical pending tasks of the Agreement;
b. continue to consult and dialogue in the spirit of collegial collaboration and consensus to address emerging issues during the implementation of the Agreement;
c. prioritize efforts aimed at promoting peace, reconciliation and healing at national and community level;
d. prioritize implementation of social service provision as outlined in the Budget Appropriation Bill 2023-2024 in order reduce economic vulnerabilty of ordinary citizens; and
e. provide immediate support to returnees to enable them resettle and/or reintegrate in their communities or places of choice in safety and dignity.
28. In conclusion, as South Sudan marks its 12th independence anniversary, I would like to congratulate the people and government of South Sudan on this milestone and more importantly on sustaining the peace efforts over the last five years since the signing of the Revitalized Peace Agreement in 2018. South Sudan should seize this opportunity to consolidate the peace dividends and implement the critical tasks in the Roadmap so as to fulfil the aspirations of her people for justice, equality, respect for human rights and the rule of law.
I Thank You!
RJMEC underscores the importance of establishing the Special Reconstruction Fund, Board
Today, 11 May 2023, the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), Amb. Maj Gen Charles Tai Gituai, addressed the launch event of the joint IGAD and African Union initiative, the Post-Conflict Needs Assessment for South Sudan.
RJMEC calls for fresh momentum in the implementation of the Peace Agreement
Today, 15 May 2023, the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), Amb. Maj Gen Charles Tai Gituai, addressed the conference on transitional justice mechanisms in the Republic of South Sudan, held in Freedom Hall, Juba.