STATEMENT BY H.E. AMB. MAJ. GEN. (rtd) CHARLES TAI GITUAI INTERIM CHAIRPERSON RJMEC TO THE 22ND RJMEC MONTHLY MEETING, Thursday, 2 June 2022 Juba, South Sudan

Thursday, 02 June 2022 09:52

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.  I welcome you all to the 23rd RJMEC meeting. This month is roughly eight months away from the end of the Transitional Period. Under article 7.6 of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), it is our mandate to monitor and oversee the implementation of the R-ARCSS, the mandate and tasks of the Revitalised Transitional Government of National Unity (RTGoNU), including the adherence of the Parties to the agreed timelines and the implementation schedule. It is therefore critical that, at this point in time, we focus our attention to the pending tasks in the Revitalized Peace Agreement and recommend appropriate corrective actions.  

2.  At the outset, I welcome the National Constitutional Amendment Committee (NCAC) back to the plenary meeting. The NCAC resumed its mandate on 17 May 2022 for the next 8 months. I also welcome progress that has been made towards the imminent establishment of the ad hoc Judicial Reform Committee (JRC) which is set to commence work in mid-June 2022. In that regard, I commend IGAD and the international partners for their support to ensure that both NCAC and JRC are operational. 

Excellencies, Ladies and Gentlemen, 

3.  Since our last plenary, I had the opportunity to brief the Council of Ministers of the RTGoNU on 8 April 2022 on the status of implementation of the R-ARCSS. In my briefing, I highlighted the critical pending tasks of the Agreement, including the limited time left to the end of the Transitional Period. I also made seven recommendations, including an appeal to the Council to prepare a strategy with timelines for the implementation of critical outstanding tasks of the R-ARCSS. The Council adopted all my recommendations and it is our expectations that the RTGoNU will update us on the progress so far.

4.    In addition, RJMEC Secretariat oriented the members of the Reconstituted Transitional National Legislative Assembly on the Revitalized Peace Agreement from 10 – 20 May 2022, and we expect them to now proactively fulfil their mandate to support the implementation of the Agreement.

5.  However, for the purpose of this meeting at this critical time in the Transitional Period, allow me to highlight the pending tasks of the Agreement, chapter by chapter. 

6.  Under Chapter I on Governance, the following tasks are yet to be implemented:

·      Judicial reforms, including review of the Judiciary Act, establishment of an ad hoc Judicial Reform Committee, reconstitution of the Judicial Service Commission and establishment of an independent, impartial and credible Constitutional Court; 

·      Completion of reviews of legislation, including the National Elections Act 2012 by the NCAC to conform to the provisions of the R-ARCSS;

·      Completion of the process of restructuring and reconstitution of Commissions and Institutions at the national level;

·      Enactment of the amended Security bills, and the Constitution Making Process Bill; and

·      Reconstitution of a competent and impartial National Elections Commission, the Political Parties Council and preparations for holding free, fair, and credible national elections. 

7.    Under Chapter 2 on the Permanent Ceasefire and Transitional Security Arrangements, the pending tasks include:

·       Completion of the unification of command structure at all levels of rank and file;

·      Graduation and redeployment of Phase I of the Necessary Unified Forces (NUF) and commencement of Phase II cantonment and training;

·      Operationalization and funding of the DDR programmes as a critical component of unification of forces and long-term security; 

·      Logistics support for cantonment sites and training centres; and

·      Complete demilitarization of civilian centres.  

8.    Regarding Chapter 3 on Humanitarian Assistance and Reconstruction, the tasks pending implementation include the following:

·      Creation by the RTGoNU of an enabling environment for voluntary and dignified return of IDPs and refugees;   

·      Creation of a conducive environment for the provision of humanitarian services to communities in need;

·      Provision of public service delivery, including access to health and education, protection and humanitarian services prioritising conflict affected communities;

·      Establishment of the Special Reconstruction Fund (SRF) and Board (SRFB), and the convening of the South Sudan donor pledging conference to support the reconstruction of infrastructure in the country;

·      Provision by the RTGoNU of funding of USD 100 million per annum during the Transitional Period;

·      Repatriation, resettlement, reintegration and rehabilitation of IDPs and refugees;

·      Review by the NCAC of the NGO Act 2016; and

·      Fast tracking procedures and institutions for the import and customs clearance of relief materials, and granting of and renewal of visas required by humanitarian workers.

9.    Turning to Chapter 4 on Resource, Economic and Financial Management, several tasks remain outstanding. They include the following: 

·      Reforms of key institutions such as the National Audit Chamber, and the Anti-Corruption Commission;

·      Implementation of the Public Financial Management reforms, including wealth-sharing and revenue allocation; economic management; public expenditure; and borrowing;

·      Finalisation by the RTGoNU of all the reviewed and drafted bills, including the Public Finance Management and Accountability Act 2011, the Bank of South Sudan Act 2011 and the Banking Act 2012;

·      Reviews of all national legislation in accordance with article 4.7.1. of the R-ARCSS, notably the Petroleum Revenue Management Act 2012, and Petroleum Act 2012;

·      Establishment of new institutions as provided for under article 4.6 of the R-ARCSS;

·      Expediting the implementation of outstanding tasks relating to land policy, registration and administration;

·      All tasks related to Enterprise Development Funds; and

·      Establishment of the Economic and Financial Management Authority (EFMA).

10.   Under Chapter 5 on Transitional Justice, the outstanding critical tasks are the establishment of the three Transitional Justice mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA).   

11.       The outstanding tasks under the Permanent Constitution-making process in Chapter 6 of the R-ARCSS are the enactment of the Constitution-Making Process Bill 2022, and the establishment of the relevant mechanisms to embark on the making of the new constitution to guide the conduct of elections at the end of the Transitional Period.

Excellencies, Ladies and Gentlemen,

12.   It is imperative to note that, there are cross-cutting challenges which have hampered the implementation of the Revitalised Peace Agreement. They include delayed Unification of Forces, funding, military defection, trust deficit, insufficient political will, capacity gaps, the cumulative effects of prolonged subnational conflicts, the COVID-19 pandemic, the dire humanitarian situation in the country caused by natural calamities such as floods. If progress is to be expedited, the aforementioned challenges should be urgently and collectively addressed.

Excellencies, Ladies and Gentlemen,

13.   The R-ARCSS lays the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law. However, I would like to stress that continuous delays in the implementation of the Agreement have consequential effects, as witnessed in the recent incidents of military defections and the associated violent confrontations. 

14.   In addition, I want to express my serious concerns regarding continuous occupation of civilian centres by the SSPDF and SPLA-IO, recent denial of access to CTSAMVM, attacks by the SSPDF on the SPLA-IO forces in Upper Nile and Unity States; and most disturbingly, reports of Sexual and Gender-Based Violence (SGBV) in Koch and Leer Counties in Unity State, including deaths of unspecified number of people, destruction of property and displacement of civilians. 

15.    There is also a growing public anxiety, frustration and despair on what happens when the Transitional Period lapses in February 2023 without the completion of all tasks of the Agreement.

16.   The critical focus at this time, therefore, should be to consolidate the peace dividends which have been achieved thus far by implementing the outstanding tasks of the R-ARCSS. Having outlined the tasks and the risks associated with inaction or delays, it is my expectation that the RTGoNU will update this meeting on its plan and strategy on the way forward. I also appeal to the members to suggest possible remedial measures in view of the aforementioned.

17.   I wish you fruitful deliberations. 

I THANK YOU!