Chairperson of the Peace and Security Council,

Your Excellencies  Permanent Representatives,

Excellencies, 

Distinguished Ladies and Gentlemen,

Good afternoon, 

1.   I welcome your delegation to South Sudan and commend you for keeping South Sudan firmly on your agenda with your support to the ongoing peace process. I also welcome this opportunity to provide you with an update on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). As the official monitor of the implementation of the Revitalized Peace Agreement, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has on numerous occasions in the past briefed this august Council as mandated by article 7.9 of the R-ARCSS. I look forward to having the opportunity to brief the next AU PSC meeting.

2.   As we mark two years into the Transitional Period, today’s briefing will provide you with an update on key progress made since the signing of the Agreement in September 2018. I will provide an overview of the status of implementation of the Agreement, pending tasks, the key challenges, and conclude with my recommendations to the Council. In your briefing packs, I have provided a more detailed analysis to you along with RJMEC’s fourth Quarterly Report of December 2021.

Excellencies, Ladies and Gentlemen,

3.   Overall, there has been some progress since the R-ARCSS was signed. Compared to the 2015 peace agreement, known as the ARCSS, which collapsed within one year of its signing, and barely two months after the coalition Transitional Government of National Unity (TGoNU) was formed, the R-ARCSS and RTGoNU can be credited for sustaining over three years of relative peace and stability in the country with visible peace dividends. Since its signing, the Revitalised Peace Agreement has contributed significantly to:

3.1.   cessation of violence across the country amongst the signatories to the Agreement and continued holding of the permanent ceasefire;

3.2.   the establishment and reconstitution of all pre-transitional institutions and mechanisms of the Agreement;

3.3.   incorporation of the R-ARCSS into the Transitional Constitution of the Republic of South Sudan (TCRSS, 2011) as amended;

3.4.   review and amendments of all security related laws by the National Constitutional Amendment Committee (NCAC), which have been submitted to the RTGoNU, awaiting enactment;

3.5.   cantonment and screening, selection and training of forces have been undertaken, and up to 50,000 troops of Phase 1 of the Necessary Unified Forces are reported by the Joint Defence Board as ready for graduation and redeployment; and

3.6.   humanitarian corridors have been opened and refugees and IDPs are gradually returning.

3.7.   The RTGoNU is implementing key economic reforms, supported by an IMF programme.

3.8.   A roadmap for the implementation of Transitional Justice and the Permanent Constitution has been developed.  

4.   With regards to Chapter 1 on the Revitalised Transitional Government of National Unity (RTGoNU), a number of tasks have been completed, key among these being: 

4.1.   resolution of the number of states and their boundaries – reverting from 32 to 10 states and three Administrative Areas; and

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

5.   In addition to these noteworthy achievements, implementation is ongoing on judicial and institutional reforms. Also, eight bills await ratification by the Transitional National Legislature (TNL), namely the six security bills, the Constitution Making Bill, and the Political Parties Bill. Key pending tasks include establishment of an independent Constitutional Court and those relating to the conduct of elections.  

6.   In reference to security and the implementation of the Transitional Security Arrangements (TSA), the completed tasks include establishment or reconstitution of key TSA mechanisms which generally continue to meet, work and submit reports to RJMEC. The ongoing tasks include: adherence to the permanent ceasefire; preparation for graduation and redeployment of Phase 1 of the Necessary Unified Forces; and development of Strategic Defence Review policy framework. 

7.   Transitional Security related tasks which are yet to commence are the Disarmament, Demobilisation, and Reintegration programme, and Phase II of the unification of forces – cantonment, screening, training and redeployment of all forces.

8.   On humanitarian affairs, some humanitarian corridors have opened to allow the free movement of goods, supplies and people across borders. This has enabled voluntary returns, stimulated the economy and contributed to the availability of food, goods and services. Of note is the approximately half a million refugees, who have spontaneously returned to South Sudan since October 2018, according to UNHCR.  

9.   RJMEC welcomes the resolution passed by the AU PSC in late January to commence consultations with the UN Secretary-General and the IGAD Executive Secretary on the convening of the South Sudan Pledging Conference as provided for in Chapter 3 of the Revitalised Peace Agreement.  However, the Special Reconstruction Fund (SRF) and Board mandated by the Agreement have not been established. The Fund is expected to pave the way for the convening of the Pledging Conference to support humanitarian and reconstruction efforts in South Sudan. This is particularly pressing given the ongoing dire humanitarian conditions, exacerbated by flooding country-wide.  

Excellencies, Ladies and Gentlemen,

10.        Under Chapter 4 on Resource Economic and Financial Management, the Ministry of Petroleum has made some progress in implementing reforms in the petroleum sector. It has reformed employment in that sector and operates the sale of oil in a more transparent manner. Implementation of the provisions on agriculture and the food security sector and land resources are underway and the Ministry of Agriculture is resource mobilizing to implement the reviewed policies. In addition, progress has been made by the RTGoNU in the development of the Code of Ethics and Integrity for Public Officials. 

11.  Regarding the access to finance by South Sudanese, the R-ARCSS mandates the establishment of enterprise development funds, microfinance, and other social safety nets such as subsidised credit. It is worth noting that the Women Enterprise Development Fund Bill is being drafted and a draft Youth Enterprise Bill has been submitted to the Ministry of Justice and Constitutional Affairs. 

12.  Chapter 5 of the R-ARCSS on transitional justice envisages establishment of three mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court of South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). In January 2021, the RTGoNU Council of Ministers endorsed a road map towards implementation of Chapter 5, and designated the Ministry of Justice and Constitutional Affairs (MoJCA) to coordinate its implementation. 

13.  During the second year of the Transitional Period, a Technical Committee was established to spearhead public consultations that would inform the drafting of the CTRH legislation. The African Union Commission was expected to restart discussions with the Ministry of Justice and Constitutional Affairs on the establishment of the Hybrid Court of South Sudan. The AU Commission and Ministry are yet to meet to discuss this matter. Additionally, no progress has been made towards the establishment of the Compensation and Reparation Authority (CRA) to date.

14.  With regard to Chapter 6 on the permanent constitution-making process, in May 2021, RJMEC convened a workshop where the Parties to the R-ARCSS agreed on the details of the permanent constitution making process. The Resolution of the Workshop was subsequently handed over by RJMEC to the Minister of Justice and Constitutional Affairs which informed the Constitution Making Process Bill drafted by the Ministry. This draft Bill was endorsed by the RTGoNU Council of Ministers in November 2021 and is now before the reconstituted TNLA awaiting enactment.

Excellencies, Ladies and Gentlemen, 

15.  Considering the fact that the Revitalized Peace Agreement is nearing its conclusion with barely 12 months left to the end of the transitional period, there are several critical election-related tasks under the Agreement which are pending implementation. They include, among others:

15.1.   Enactment of the Political Parties Bill 2020 and reconstitution of the Political Parties Council;

15.2.      Amendment of the National Elections Act, 2012 to conform to the terms of the Peace Agreement and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections;

15.3.      Addressing of the challenges of reconstruction, repatriation, resettlement, rehabilitation and reintegration of IDPs and returnees so their voices can be heard;

15.4.      Publication of voters register six months prior to elections;

15.5.      Unification of forces to prepare for elections-related security tasks at least six months before the end of the Transitional Period;

15.6.      Completion of the permanent constitution to guide the conduct of elections. 

15.7.      the making of the permanent constitution upon whose provision, elections will be conducted;

15.8.      holding of free, fair and credible elections, under the appropriate robust legal framework, to usher in a new democratic dispensation in the country; and

15.9.      unification and redeployment of forces to guarantee national security and their allegiance to the constitution and the state;

15.10.  economic, legal and institutional reforms aimed at strengthening the structures of the state;

15.11.  dealing with the past injustices to deter reoccurrence of past mistakes and to restore community harmony and coexistence. 

Excellencies, Ladies and Gentlemen,

16.  Even though the outbreak of the COVID-19 pandemic has worsened the situation, progress has generally been very slow from the beginning and there are several recurring challenges facing the implementation of the Revitalized Peace Agreement, namely: 

16.1.          lack of sufficient resources (financial and material) needed for the implementation of the Agreement; 

16.2.          insufficient political will and commitment of some actors; 

16.3.          trust deficit amongst the Parties; 

16.4.          capacity gaps; and 

16.5.          military defections. 

17.  Against this background of the many challenges facing implementation, I therefore turn to some key recommendations to the Council, which I believe, if acted upon can contribute to improving the pace and scope of implementation. In that regard, the Council should consider to undertake the following actions: 

17.1.          assist the Republic of South Sudan in mobilising resources from member states and partners to support implementation of the Revitalized Peace Agreement;

17.2.          continue with ongoing expressions of solidarity to the Republic of South Sudan, including visits, given the criticality of this present time; 

17.3.          strengthen the engagements of the AU C5 in South Sudan;

17.4.          strengthen coordination in mobilising multilateral support to South Sudan through IGAD, the UN and other regional or international partners for the implementation of the Revitalized Agreement;   

17.5.          support the RTGoNU to convene the Pledging Conference for South Sudan as provided for under Chapter 3; 

17.6.          support the conduct of free, fair and credible elections; and

17.7.          request the African Union Commission Chairperson to engage the RTGoNU on the terms of cooperation towards the establishment of the HCSS, and consider supporting the work of the Technical Committee for the CTRH.

18.  Finally, RJMEC has requested the RTGoNU to develop a roadmap to guide the implementation of the critical pending tasks within the framework of the R-ARCSS. It is expected to be announced soon.  

19.  In closing, I would like to encourage this august Council to continue to remain seized of the implementation of the R-ARCSS, render the necessary support to the RTGoNU at this critical juncture and to continue support RJMEC in its mandate.

I thank you.