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

Thursday, 24 March 2022 09:11

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

 

Honourable Ministers,

Excellencies,

Ladies and Gentlemen,

Good morning.

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

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

Security Council.

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

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

Excellencies, Ladies and Gentlemen,

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

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

their functions.

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

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

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

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

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

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

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

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

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

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

Excellencies, Ladies and Gentlemen,

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

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

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

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

Excellencies, Ladies and Gentlemen,

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

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

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

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

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

Excellencies, Ladies and Gentlemen,

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

and constitution-making bills;

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

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

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

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

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

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

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

 

I Thank You.