- Your Excellency, Chairperson of the IGAD Council of Ministers

- Excellencies, Members of the Council

- Your Excellency, IGAD Executive Secretary

- Your Excellency, IGAD Special Envoy to South Sudan

- Honourable Ministers,

- Excellencies,

Ladies and Gentlemen,

Good morning

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

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

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

Excellencies, Ladies and Gentlemen,

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

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

b) unification of forces, including their redeployment; and

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

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

Excellencies, Ladies and Gentlemen,

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

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

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

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

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

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

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

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

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

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

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

Excellencies, Ladies and Gentlemen, 

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

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

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

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

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

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

Excellencies, Ladies and Gentlemen,

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

Excellencies, Ladies and Gentlemen,

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

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

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

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

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

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

Reconstruction Fund and Board to coordinate international

support to the peace process and support the RTGoNU in the

eventual convening of the donors’ conference;

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

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

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

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

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

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

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

Thank you!