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. 

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.”

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!

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. 

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. 

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Tuesday addressed the 9353rdmeeting of the United Nation Security Council in New York, United States. 

Communication Office

PRESS RELEASE

(For Immediate Publication)

Wednesday, 20 June, 2023, New York, United States

WITH ELECTIONS DUE IN DECEMBER 2024, CRITICAL BENCHMARKS FOR FREE, FAIR ELECTIONS, NEED TO BE ATTAINED

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Tuesday addressed the 9353rdmeeting of the United Nation Security Council in New York, United States. 

In his address to the Council, and with about 18 months to the end of the extended Transitional Period for the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), RJMEC Interim Chairperson Amb. Maj. Gen. Charles Tai Gituai outlined key benchmarks that need to be attained for the conduct of free, fair and credible elections.

The benchmarks, he outlined, are the completion of the unification and redeployment of forces, the reconstitution and operationalisation of the institutions tasked with the preparation and conduct of elections, and the making of a people-led and people-owned Permanent Constitution to guide the conduct of elections. Other benchmarks are judicial reforms and improvement to the overall political and civic space in which multiparty elections are conducted.  

In his address, Amb. Gituai underscored that the R-ARCSS legitimises South Sudan’s Transitional Government of National Unity and remains the most plausible blueprint for a peaceful transition and building enduring peace in the Republic of South Sudan.  

“With the prospect of elections looming, there is need for our collective efforts to focus on South Sudan at this critical time and ensure that the Agreement is implemented in letter and spirit,” he said.

Amb. Gituai continued “the Revitalised Transitional Government of National Unity  (RTGoNU) requires more support from the Council and the international community to complete the implementation of the critical pending tasks of the R-ARCSS.” 

“Without predictable and adequate funding, our assessment is that South Sudan will continue to struggle to adhere to implementation schedule of the R-ARCSS,” he said.

He noted that trust deficit among the Parties, lack of adequate resources, capacity gaps, persistent levels of intercommunal violence in the states, negative activities of the holdout groups, and natural calamities like floods have slowed down progress in effective implementation of the R-ARCSS.

“Most recently, additional strain has been placed on humanitarian and other resources in South Sudan by the influx of refugees and returnees from the conflict in the Republic of Sudan,” he added. While outlining RJMEC’s efforts in support of the implementation of the Revitalised Peace Agreement, the Interim Chairperson said:

“RJMEC’s objective and impartial reports, and all-inclusive stakeholders monthly plenary meetings, continue to inspire confidence in the peace process and encourages the Parties to stay the course for peace, help create focus, unity of purpose and informs policy decision making on South Sudan and the implementation of the Agreement.”

In his conclusion, Amb. Gituai said “I would like to appeal to this Council to remain seized of the peace process in South Sudan, engage the RTGoNU to expedite implementation of the Peace Agreement and to conduct elections as scheduled, and to consider visiting Juba at this critical time of election preparations and to stand in solidarity with the people of South Sudan.” 

ENDS

 STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, INTERIM CHAIRPERSON, RJMEC ON RJMEC’S ASSESSMENT OF THE SOUTH SUDAN PEACE PROCESS AND ITS EFFORTS IN SUPPORT OF THE IMPLEMENTATION OF THE R-ARCSS, DELIVERED TO THE UNITED NATIONS SECURITY COUNCIL, JUNE 20, 2023, NEW YORK, UNITED STATES

 President of the UN Security Council,

-       Distinguished Members of the Council,

-       Excellencies, 

-       Distinguished Ladies and Gentlemen.

Madam President,

1.    At the outset, permit me to congratulate you and the United Arab Emirates, for being elected member of the United Nations Security Council for the year 2022-2023 and assuming your second presidency of the council in the month of June 2023.  I would also like to thank you for inviting the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to address this esteemed Council.

2.    RJMEC is the official oversight body responsible for overseeing, monitoring and evaluating the status of the implementation of the 2018 Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) and are mandated to submit reports and brief this Council amongst others, on a quarterly basis.  

3.    Over the last five years of the implementation of the Agreement, South Sudan has enjoyed its longest period of relative peace and stability since its independence in 2011. However, the pace of implementation of the Agreement has been slow, as much of what was expected to have been implemented by end of the stipulated 36 months of the Transitional Period was not achieved.

4.    Consequently, the Revitalised Peace Agreement was extended for 24 months, from February 2023 to February 2025, to enable the completion of the unification of forces, the making of the permanent constitution, and to prepare for the conduct of credible, free and fair elections in December 2024.

5.    My briefing to this august Council therefore will briefly highlight our assessment of the South Sudan peace process and the RJMEC’s ongoing efforts in support of its implementation and conclude with some recommendations. 

Madam President,

6.    Overall, key achievements in the implementation of the Agreement include the following: Under governance, the executive and legislative arms of the Revitalized Transitional Government of National Unity (RTGoNU) have been established and operationalised at both the national and state levels. The dispute over the number of states was resolved, and the Revitalised Peace Agreement was incorporated into the Transitional Constitution. Also, some crucial legal, judicial, and institutional reforms are ongoing. 

7.    On the Transitional Security Arrangements, approximately 55,000 of the 83,000 Phase 1 Necessary Unified Forces were trained and graduated. These troops remain in their training areas awaiting deployment to their respective units. However, Phase 2 and Disarmament, Demobilisation and Reintegration (DDR) process is yet to commence.  

8.    On humanitarian affairs, the opening of key humanitarian corridors has facilitated the return of some South Sudanese refugees and IDPs. Some economic reforms have been implemented, encouraging greater transparency and accountability but this, too, remains a work in progress. 

9.    On transitional justice, progress is being made in the drafting of the bills for the establishment of the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparations Authority (CRA). Once these institutions are established, will drive forward the much-needed process for reconciliation and healing in South Sudan. 

10.    In terms of the Permanent Constitution, the law to govern its making has been enacted, and steps are being taken to operationalise it. I would like to underscore, state that under the Agreement, elections at the end of the Transitional Period should be held under a new permanent constitution.

Madam President,

11.    The main challenges which have slowed down progress in the implementation of the Revitalised Peace Agreement include trust deficit among the Parties, lack of adequate resources, capacity gaps, persistent levels of intercommunal violence in the states, negative activities of the holdout groups, and natural calamities like floods.

12.     Most recently, additional strain has been placed on humanitarian and other resources in South Sudan by the influx of refugees and returnees from the conflict in the Republic of Sudan.

Madam President,

13.   Elections are due in December 2024, which is around eighteen months from now. In order to conduct free, fair and credible elections, the following critical benchmarks need to be attained as per the Revitalised Peace Agreement:

a.        Completion of the unification and redeployment of forces, in order to provide election-related security;

b.        Reconstitution and operationalisation of the institutions tasked with preparation and conduct of elections, namely the Political Parties Council and the National Elections Commission;

c.         The making of a people-led and people-owned Permanent Constitution, to guide the conduct of elections;

d.        Judicial reforms to enhance the capacity and independence of the judicial institutions to deal with elections related disputes; and 

e.         Improvement to the overall political and civic space in which multiparty elections are conducted.   

Madam President,

14.   At this critical juncture of the extended period of the Revitalised Agreement, the RTGoNU requires more support from this Council and the international community for it to be able to complete the implementation of the critical pending tasks of the R-ARCSS. 

15.   Without predictable and adequate funding, our assessment is that South Sudan will continue to struggle to adhere to implementation schedule of the R-ARCSS. In RJMECs view, the international community can support the South Sudanese efforts, especially by directly funding the constitution making process, Disarmament, Demobilisation, and Reintegration (DDR) as well as in the preparation and conduct of elections. 

Madam President,

16.   With regard to RJMEC’s efforts in support of the implementation of the Revitalized Peace Agreement, RJMEC continues to monitor and evaluate, and oversee the mandate and tasks of the RTGoNU, including the adherence by the Parties to the agreed timelines and implementation schedule in accordance with Chapter 7 of the Revitalized Peace Agreement.

17.   RJMEC’s objective and impartial reports, and all-inclusive stakeholders monthly plenary meetings, continue to inspire confidence in the peace process and encourages the Parties to stay the course for peace. 

18.    Our regular quarterly evaluation reports to the RTGoNU, IGAD, the AU Peace and Security Council, and to this Council, help create focus, unity of purpose and informs policy decision making on South Sudan and the implementation of the Agreement.

19.   RJMEC continues to oversee the work of all Agreement Institutions and Mechanisms, break deadlocks among the Parties and regularly engages with the Parties to the Agreement, key peace partners, and other South Sudanese stakeholders in a bid to build consensus and expedite progress.

Madam President,

20.   In conclusion, I would like to underscore that the R-ARCSS, legitimizes the Transitional Government of national Unity in South Sudan and remains the most plausible blueprint for a peaceful transition and in building enduring peace in the Republic of South Sudan.  With the prospects of elections looming only 18 months away, there is need for our collective efforts to focus on South Sudan at this critical time and ensure that the Agreement is implemented in letter and spirit. 

21.   In that regard, I would like to appeal to this Council to remain seized of the peace process in South Sudan, engage the RTGoNU to expedite implementation of the Peace Agreement and to conduct elections as scheduled, and to consider visiting Juba at this critical time of election preparations and to stand in solidarity with the people of South Sudan. 

I Thank You. 

BRIEFING By H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS , INTERIM CHAIRPERSON, AT THE LAUNCH OF THE , JOINT AFRICAN UNION COMMISSION – INTER-GOVERNMENTAL AUTHORITY ON DEVELOPMENT POST-CONFLICT NEEDS ASSESSMENT FOR SOUTH SUDAN, WEDNESDAY, 11 MAY 2023, JUBA, SOUTH SUDAN

-       Hon. Stephen Par Kuol, Minister of Peacebuilding

-       Your Excellency, Dr Ismail Wais, IGAD Special Envoy for South Sudan

-       Your Excellency, Amb. Naohiro Tsutsumi, Ambassador of Japan to South Sudan 

-       Representative of the African Union Commission,

-       Dr Samuel Doe, Resident Representative of the United Nations Development Programme

-       Representative of the World Bank

-       Country Director of the African Development Bank

-       Distinguished Ladies and Gentlemen.

Good morning.

1.   It is my pleasure to brief you all this morning at the launch of this important initiative, and I would like to express my sincere thanks to IGAD and the African Union Commission for giving me this opportunity. Furthermore, I would like to commend both organisations for coming together in support of their member state South Sudan at this timely juncture. With the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) recently extended by 24 months, and elections due in December 2024, all possible support is truly welcome as much remains to be done at this critical time. 

2.   The stated objective of the post-conflict needs assessment, which is ‘enhancing the efforts of the Revitalised Transitional Government of National Unity (RTGoNU) towards the full implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)’, is appreciated. In particular, I am pleased to see that one of the outcomes to the needs assessment is to highlight opportunities for support, including modalities for the establishment of the Special Reconstruction Fund (SRF) as per Article 3.2 of the Revitalised Peace Agreement. As we all know, the lack of funding has been a huge challenge since the Agreement’s signing, and the SRF is a mechanism required to raise and transparently manage funds for the reconstruction effort and the implementation of the Agreement. I am hopeful that the ‘rigorous and all-inclusive’ needs assessment that this initiative is intended to deliver will help to create a springboard from which the RTGoNU can establish and operationalise the SRF.

3.   In this regard, I would like to deliver a chapter-by-chapter briefing on the status of the implementation of the R-ARCSS, including key achievements made, some critical pending tasks, recurring challenges and key milestones that need to be reached as South Sudan looks towards elections. 

Excellencies, Ladies and Gentlemen,

4.   At the outset, I would like to point out that February 2023 marked exactly three years since the formation of the RTGoNU, and elections are scheduled to be held in December 2024. While there has been considerable progress made towards the implementation of some provisions of the R-ARCSS to date, it has been slow and many critical tasks of the Agreement are still not implemented. Within this extended Transitional Period, a greater sense of urgency is required by all stakeholders in order to adhere to the timelines set out in the Roadmap.  

Chapter 1: Governance

5.       With regards to Chapter 1 on the RTGoNU, a number of tasks have been completed, key among these being: 

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

b.    incorporation of the Revitalised Peace Agreement into the Transitional Constitution of the Republic of South Sudan (TCRSS) 2011, as amended;

c.    legislative reforms undertaken through the National Constitutional Amendment Committee (NCAC) reviews, and drafting amendments of requisite pieces of legislation. Only six laws are pending in this regard; 

d.   enactment by the reconstituted Transitional National Legislature of numerous pieces of legislation, including five out of six security related laws, the Constitutional Amendment Bills, the Political Parties Act 2022 and the Constitution Making Process Act 2022; and

e.    establishment and operationalisation of the ad hoc Judicial Reform Committee (JRC) in pursuance of its mandate, which is to study and recommend appropriate judicial reforms. 

6.       The process of restructuring and reconstituting the Institutions and Commissions at the national level, as per article 1.19 of the R-ARCSS, is not yet concluded. In addition, the task of establishing an independent Constitutional Court  and tasks relating to the amendment of the national elections law, reconstitution of the Political Parties Council, National Elections Commission and preparations for the conduct of elections, are still pending. 

Chapter 2: Permanent Ceasefire and Transitional Security Arrangements

7.   On the Permanent Ceasefire and Transitional Security Arrangements (TSA), the completion of Phase I graduation of approximately 55,000 unified forces is a commendable step. The next priority tasks are the redeployment of the graduated forces, the commencement of training of Phase II of unified forces, the collection and management of weapons and munitions, and Demobilisation, Disarmament, and Reintegration (DDR). That said, the lack of funding to all the security mechanisms, especially to the DDR Commission is of great concern, as DDR is an integral component of the unification of forces. Furthermore, the development of the Strategic Defence Review policy paper is pending.

Excellencies, Ladies and Gentlemen,

Chapter 3: Humanitarian Assistance and Reconstruction

8.     On humanitarian affairs, some humanitarian corridors which were opened have facilitated the free movement of goods, supplies, services and people across borders. This has enabled some voluntary returns, though some 2.3 million are still being hosted in neighbouring countries. 

9.     However, overall, the magnitude and severity of humanitarian needs continues to rise, due to the cumulative effects of prolonged intercommunal conflicts, widespread flooding, and high levels of food insecurity. More than nine million people are projected to need humanitarian assistance and protection this year according to UNOCHA, while efforts by humanitarian agencies to reach those in dire need are further hampered by reduced funding. The humanitarian situation in South Sudan is further challenged by the influx of refugees and returnees from Sudan following the outbreak of conflict there. Also of concern is the safety and access of humanitarian workers and their assets, who deliver much-needed assistance to those in need.

10. With this in mind, the focus that the needs assessment places on the establishment of the Special Reconstruction Fund (SRF) and Board is very important. Once the SRF is established, in accordance to Article 3.2.8, IGAD, the African Union and the UN are expected to collaborate in convening the Pledging Conference to resource the fund, and to support the implementation of the Agreement. 

Chapter 4: Economic, Resource and Financial Management

11. Under Chapter 4 on Resource, Economic and Financial Management, overall, economic reforms have been slow, and greater and more rapid progress is needed. However, there has been some progress made with regards to environmental protection and in the management of natural resources, in particular greater transparency in the production and marketing of petroleum resources. Meanwhile, the work of the Public Finance Management Oversight Committee continues to improve the overall transparency and accountability in the management of the country’s finances.

12. In other areas, crucial building blocks for sustainable development in South Sudan are being developed, such as agricultural policies, and strategies and programmes to address food security. Further, the legal and institutional framework for Youth and Women Enterprise Development Funds to build small and medium enterprises are also being developed. 

Excellencies, Ladies and Gentlemen,

Chapter 5: Transitional Justice

13. Chapter 5 of the R-ARCSS on transitional justice envisages the establishment of three mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). None of these have yet been established.  However, the Ministry of Justice and Constitutional Affairs has undertaken country-wide consultations and prepared draft bills on the establishment of the CTRH and CRA, and the African Union Commission has initiated its engagement with the RTGoNU on the establishment of the Hybrid Court for South Sudan.

Chapter 6: Parameters of the Permanent Constitution

14. With regards to the making of the permanent constitution, the Consitution Making Process Act was assented to by the President of the Republic of South on 21st December 2022, setting in motion the timeline for the constitution making process, but today, over four months later, no progress has been made in this regard.

15. Considering the Roadmap timelines, the following institutions should have been reconstituted or established by now: the National Constitutional Review Commission (NCRC) and its Secretariat, the Preparatory Sub-Committee for the National Constitutional Conference, and the Constitutional Drafting Committee to kick-start the constitution-making process. These delays are particularly concerning, given that a people-led and people-owned constitution is a critical legal framework which will guide the conduct of elections in December 2024.

Excellencies, Ladies and Gentlemen,

16. Overall, as aforementioned, completing the unification of forces, the making of the permanent constitution, and preparations for elections in December 2024, are among the critical tasks which remain pending. Given the magnitude of the tasks ahead and the slow pace of implementation, RJMEC has urged all parts of the RTGoNU to redouble efforts, work collaboratively, in a collegial and consultative manner, and to expedite implementation and provide much-needed resources and leadership to the implementation of the Peace Agreement. The support of international partners and friends of South Sudan in this regard is also crucial.

17. In conclusion, there are challenges ahead for the R-ARCSS to be fully implemented in letter and spirit. However, besides the challenges, there is plenty of potential in the country of South Sudan, and a population deeply deserving of peace and sustainable development. I wish the consultants every success in their endeavour, and as RJMEC, we stand ready to assist their work as part of our mandate. 

I Thank You.

OPENING REMARKS BY H.E. AMB. MAJ GEN (RTD) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON CONFERENCE ON TRANSITIONAL JUSTICE MECHANISMS IN THE REPUBLIC OF SOUTH SUDAN: BUILDING A SOUTH SUDANESE MODEL FOR TRANSITIONAL JUSTICE SYSTEM

MONDAY, 15 MAY 2023

JUBA, SOUTH SUDAN

-       Your Excellency, Salva Kiir Mayardit, President of the Republic of South Sudan 

-       Your Excellency, Dr. Riek Machar Teny, First Vice President

-       Your Excellencies, Vice Presidents

-       Hon Tut Gatluak, Presidential Advisor on Security and Chairperson of the High Level Standing Committee of the Parties to the R-ARCSS

-       Hon Dr Martin Elia Lomuro, Minister for Cabinet Affairs and Secretary General of the High Level Standing Committee of the Parties to the R-ARCSS 

-       Hon Justice Ruben Madol Arol, Minister for Justice and Constitutional Affairs

-       Hon Ministers 

-       Excellencies

-       Distinguished Ladies and Gentlemen

Good morning.

 1.   It is my pleasure this morning to speak at this auspicious conference on Transitional Justice Mechanisms in South Sudan. I would like to commend the RTGoNU for convening this event.

2.   The theme for this conference,  “Building a South Sudanese Model for Transitional Justice System” is timely and appropriate. It is important that the Transitional Justice model to be used in South Sudan is homegrown and in accordance with the people’s sense of justice.

3.   As the official oversight body, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) places great value on the importance of Chapter 5 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), and has been encouraging the RTGoNU to fast track its implementation, given the chapter’s critical role in building sustainable peace. 

4.   Chapter 5 of the Revitalised Agreement provides broad parameters for the implementation of transitional justice, in particular truthseeking, reconciliation, healing, reparations and accountability using a range of inter-linked mechanisms. These are the Commission for Truth, Reconciliation and Healing (CTRH), the Compensation and Reparation Authority (CRA), and the Hybrid Court for South Sudan (HCSS).  

5.   In line with the objective of this conference, it is expected that the outcome will inform and enrich the legislative process for the establishment of the CTRH and the CRA. The convening of this conference therefore is a positive step forward in the implementation of transitional justice in South Sudan. 

Your Excellency,

6.   The participation of the national, regional and international practitioners in this conference is a critical step in ensuring that the country appreciates the importance of dealing with the past, and associated challenges. In the course of this conference, South Sudan will learn from diverse experiences in other countries on Transitional Justice.

7.   This conference provides an opportunity for interaction and knowledge sharing so that all participants can contribute to the development of a South Sudanese model of transitional justice.  I would like to appeal to everyone assembled here today to seize this important moment, and engage in constructive dialogue to understand the South Sudan context. 

Your Excellency, 

8.   It is clear that much remains to be done and we are behind schedule according to the Roadmap timelines. It my sincere hope therefore, that this conference will create fresh momentum in the implementation of chapter 5, and other critical pending tasks of the Agreement.

9.   There is need for deliberate efforts and a sense of urgency in the unification of forces, the making of the permanent constitution, and preparations for the conduct of free, fair and credible elections in December 2024. With this in mind, it is a commendable step that on Friday the RTGoNU Council of Ministers approved a budget of over 3 billion South Sudanese Pounds for the deployment of the Phase 1 of the graduated forces.  

10.        I wish you all fruitful deliberations, and I Thank You.

      END 

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 11 May 2023, Juba, South Sudan

RJMEC ADDRESSES LAUNCH EVENT OF IGAD-AU POST-CONFLICT NEEDS ASSESSMENT; FOCUS PLACED ON THE ESTABLISHMENT OF THE SPECIAL RECONSTRUCTION FUND AND BOARD VERY IMPORTANT

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. 

In the presence of the Vice President of the Republic of South Sudan, H.E. Dr James Wani Igga, Amb. Gituai commended both IGAD and the AU for coming together in support of their member state South Sudan at this timely juncture, telling attendees that “with the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) recently extended by 24 months, and elections due in December 2024, all possible support is truly welcome as much remains to be done at this critical time.”  

The purpose of the Needs Assessment is to ‘enhance the efforts of the Revitalised Transitional Government of National Unity (RTGoNU) towards the full implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)’, and to highlight opportunities for support, including modalities for the establishment of the Special Reconstruction Fund (SRF) as per Article 3.2 of the Revitalised Peace Agreement.

Amb. Gituai expressed his hope that the initiative will “help to create a springboard from which the RTGoNU can establish and operationalise the SRF,” clarifying:  “As we all know, the lack of funding has been a huge challenge since the Agreement’s signing, and the SRF is a mechanism required to raise and transparently manage funds for the reconstruction effort and the implementation of the Agreement.”

Noting that the magnitude and severity of humanitarian needs in South Sudan continues to rise, Maj Gen Gituai continued: “The focus that the needs assessment places on the establishment of the Special Reconstruction Fund (SRF) and Board is very important. Once the SRF is established, in accordance to Article 3.2.8, IGAD, the African Union and the UN are expected to collaborate in convening the Pledging Conference to resource the fund, and to support the implementation of the Agreement.” 

The RJMEC Chairperson informed meeting participants that the unification of forces, the making of the permanent constitution, and preparations for elections in December 2024, are among the critical tasks which remain pending. He said, “given the magnitude of the tasks ahead and the slow pace of implementation, RJMEC has urged all parts of the RTGoNU to redouble efforts, work collaboratively, in a collegial and consultative manner, and to expedite implementation and provide much-needed resources and leadership to the implementation of the Peace Agreement. The support of international partners and friends of South Sudan in this regard is also crucial.”

However, Amb. Gituai concluded, “besides the challenges, there is plenty of potential in the country of South Sudan, and a population deeply deserving of peace and sustainable development.”

[ENDS]