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  • Report by H.E. Amb. Lt. Gen. Augostino Njoroge Interim Chairperson, RJMEC On the Status of Implementation of the R-ARCSS Submitted to the 71st Extraordinary Session of of the IGAD Council of Ministers

Report by H.E. Amb. Lt. Gen. Augostino Njoroge Interim Chairperson, RJMEC On the Status of Implementation of the R-ARCSS Submitted to the 71st Extraordinary Session of of the IGAD Council of Ministers

Thursday, 23 April 2020 11:15

  • 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,

  1. It is an honour to present to the Council my report on the status of implementation of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This report builds on the briefing I made to the members of the 70thExtraordinary Session of the IGAD Council of Ministers held on 8th February 2020 in Addis Ababa, Ethiopia.

  2. My report highlights the prevailing political, security, humanitarian and economic situation in South Sudan as well as the status of the implementation of the R-ARCSS and concludes with recommendations.

    Excellencies, Ladies and Gentlemen,

  3. The Council may recall that in my last briefing, I informed of the outstanding Pre- Transitional tasks critical for laying a firm foundation for the formation of the Revitalized Transitional Government of National Unity (RTGoNU). These included, among others, the resolution of the number of States and their boundaries; allocation of ministerial and deputy ministerial portfolios to the Parties to the Agreement; ratification of and assent to the Constitutional Amendment Bill (No. 6) 2020; restructuring and reconstitution of the Transitional National Legislature (i.e. the Transitional National Legislative Assembly and the Council of States); and selection, screening, training and redeployment of the Necessary Unified Forces (NUF).

  4. On the issue of the number of States, this matter was resolved when President Salva Kiir Mayardit returned the country to ten (10) States and communicated this formally to the Chairperson of IGAD. While announcing this critical decision on 15th February 2020, President Salva Kiir Mayardit also named three administrative areas in the Republic of South Sudan as Abyei Administrative Area (AAA), Greater Pibor Administrative Area (GPAA) and Ruweng Administrative Area (RAA).

 

  1. In addition, the President assented to the Constitutional Amendment Bill (No. 6) 2020 on 19th February 2020. The RTGoNU was established on 22nd February 2020 with the swearing in of the First Vice President and the Four Vice Presidents.

  2. On 12th March 2020, the President appointed the members of the Council of Ministers and Deputy Ministers of the RTGoNU. However, the Parties did not adhere to the 35% mandatory provision for women participation in the Executive as these appointments stood at only 26% and 10% respectively. I have urged that the Incumbent TGoNU and SPLM/A-IO rectify this violation in line with articles 1.12.2 and 1.12.5 of the R-ARCSS, and all the Parties adhere to the 35% provision in their future nominations.

  3. The Council will appreciate that the formation of the RTGoNU and its Council ofMinisters are significant steps towards full establishment of the RTGoNU’s structure andcomposition. It is, however, regrettable that delays have persisted in the restructuring and reconstitution of the TNLA and the Council of States, and agreement between the Parties on the responsibility sharing at the State and Local Government levels.

  4. The Parties to the R-ARCSS have tried to address the issue of responsibility sharing at the State and Local Government levels in recent weeks, including the three Administrative Areas, through inter-party consultations. Unfortunately, they have failed to agree on the way forward. Consequently, Dr Riek Machar Teny, First Vice President and Chairperson of the SPLM/A-IO, sought my intervention to assist the Parties break the deadlock, in line with article 7.11 of the R-ARCSS.

  5. I convened a consultative meeting of the representatives of the Parties to the R-ARCSS on 27th March 2020 in an attempt to break the deadlock on responsibility sharing at the State and Local Government levels. The Parties, however, failed to agree on the way forward. I have also continued to engage with the top leadership of the Agreement Parties in a bid to find a solution. I made a proposal to the Agreement Parties as per article 1.16.1 of the R-ARCSS, but to date, there is still no positive outcome on this matter to report to the Council.

    Excellencies, Ladies and Gentlemen

  6. On the legislative reforms as provided for in the R-ARCSS, the NCAC has continued to work on the review and amendments of the economic and financial sector laws in order to strengthen fiscal responsibility, accountability and control in the management of public funds. The laws under review include the Public Financial Management and Accountability Act, 2011 and the National Audit Chamber Act, 2011. The Committee has received and reviewed submissions to both laws from the key institutions, and the process is at an advanced stage. The reviews of the Petroleum Revenue Management Act 2012 and the Petroleum Act, 2012 have also begun.

  1. TheNCACisalsomandatedtoreceivealistofnomineesfromtheAgreementPartiesto be appointed members of the reconstituted TNLA as per articles 1.14.2 and 1.18.1.4 of the Agreement. The R-ARCSS stipulates that the duration and term of the TNLA shall run concurrently with that of the RTGoNU with effect from the commencement of the Transitional Period. I wrote to the Agreement Parties about their obligation under the R-ARCSS to submit the list of their nominees to the NCAC. Yet, to date, the NCAC has only received the list of nominees from the Former Detainees (FDs). I have therefore written again to the leadership of the Parties reminding them of the urgency to submit their nominees to the NCAC.

  2. There is concern arising from the alterations detected by the NCAC in the Constitutional Amendment Act (No. 6) 2020, which appear to have been made after the NCAC submitted the Constitutional Amendment Bill (No. 6) 2020 to the Minister of Justice and Constitutional Affairs of the ITGoNU. The Act, which was assented to by H.E Salva Kiir Mayardit, President of the Republic of South Sudan on 19th February 2020, is different in substance from the Bill that the NCAC submitted to the ITGoNU. Accordingly, I have brought this matter to the attention of the President for rectification.

  3. The SPLM/A-IO leadership raised concerns with me on the procedures used for recent political appointments made by the President for the various office holders, including: the Undersecretary of the Ministry of Petroleum vide Decree No. 37/2020 dated March 13, 2020; six (06) Ambassadors vide Decree No. 28/2020 dated 26 February 2020 and Decree No. 30/2020 dated 27 February 2020; the Governor and two (02) Deputy Governors of the Bank of South Sudan vide Decree No. 09/2020 dated 22 January 2020 and Decree No. 39/2020 dated 25 March 2020, which are perceived to be inconsistent with the provisions of the R-ARCSS. I have raised these concerns with H.E. the President and also indicated the procedures required by the R-ARCSS for the various appointments and I am still awaiting further response.

Excellencies, Ladies and Gentlemen,

 

  1. Concerning the general security situation in the country, the Permanent Ceasefire has continued to hold due to the Agreement Parties adhering to the provisions of the R- ARCSS. Fighting in Maiwut between the SPLA-IO forces allied to SSPDF and the SPLA- IO forces allied to Dr Riek Machar was resolved through a Reconciliation Committee agreement on 11th February 2020. However, there are concerns that the same parties to the conflict renewed clashes in Maiwut and Jakou areas in early April. Furthermore, there are reports of new abductions in some parts of the Equatorias despite signing of the Rome Declaration.

  2. There are also concerns of reports of intermittent violent inter-communal clashes in several States and the Abyei Administrative Area. This violence is partly attributed to the leadership vacuum as a result of delays in the appointment of Governors in the respective States.

  3. On the status of implementation of the Transitional Security Arrangements, there are about 78,500 security personnel currently registered at the various cantonment sites, barracks and training centres. According to CTSAMVM reports, about 35,000 combatants still remain in cantonment sites and about 45,500 personnel, with 3,612 being women, are in various training centres. Screening and training of the NUF and the VIP Protection Forces are yet to be completed.

  4. There are various challenges reported at cantonment sites and training centres. These include: insufficient food supply; lack of medicines; poor sanitary conditions; and lack of separate facilities and dignity kits for female trainees and dependents at the centres. The recent announcement by the RTGoNU of the establishment of a Transitional Committee for Coordination of the Implementation of Security Arrangements is a positive indication that the RTGoNU will focus on and complete the pending security tasks. Despite the onset of the COVID-19 pandemic and its challenges, training of NUF continues albeit with restricted access to the training centres.

  5. The Disarmament, Demobilization and Reintegration (DDR) Commission is undertaking an assessment of the ex-combatants currently being screened out from the training process, and has registered about 14 000. The Commission has also conducted regional visits and discussed the establishment of 8 DDR transit sites across the country with respective local authorities. The Commission has also completed the drafting of a revised DDR Strategic Plan and Programme. However, the DDR Commission continues to face various challenges, including lack of funding and inadequate coordination with other Transitional Security Institutions and Mechanisms.

Excellencies, Ladies and Gentlemen,

  1. Concerning the humanitarian situation, the UNOCHA’s March 2020 Snapshot estimates that 7.5 million people in South Sudan are in need of humanitarian assistance and 6 million are reported to be severely food insecure. A decline in funding, and the continuing inter-communal violence in Abyei, Lakes, Jonglei and Warrap States have led to a reduced humanitarian footprint in the areas of need. Further, the locusts’ invasion in the Equatoria and Lakes regions coupled with the COVID-19 pandemic will affect food production.

  2. Furthermore, about 600,000 refugees and internally displaced persons have spontaneously returned home since the signing of the R-ARCSS. Most of the displaced persons and refugees, however, are not yet confident enough to voluntarily return home despite the general improvement in the security situation in the country owing to the lack of basic services in the areas of return. The spontaneous returns have now been hampered by the COVID-19 pandemic.

  3. On the economy, the recent collapse of the oil prices, reflecting the global economic downturn relating to the recent COVID-19 pandemic has led to a drastic decline in oil revenues. South Sudan’s oil revenues were budgeted at around US $ 55 per barrel forthe current budget year, but at the end of March, the price of oil fell to less than US $ 25. If the loss of oil revenues persists, then budgeting will become very challenging.

    Excellencies, Ladies and Gentlemen,

  4. Theemergingglobalhealthchallengesnotwithstanding,theRJMECisreconstitutingthe six thematic RJMEC Working Committees in the coming days, as per Article 7.3 of the R-ARCSS and Clause 9 of the RJMEC Terms of Reference. These Working Committees will interface with a combination of the RTGoNU Ministerial clusters and relevant lineministries. The Working Committees will be RJMEC’s core platform to developmonitoring and evaluation indicators for each chapter, evaluate progress of implementation, assess capacity, identify gaps and recommend remedial steps towards effective implementation of the R-ARCSS.

 

Excellencies, Ladies and Gentlemen,

  1. Before I conclude, I have the following observations to make regarding the overall implementation of the Revitalized Peace Agreement. The pace of implementation has slowed markedly due to a number of impediments that include, among others, the following:

    1. the low level of trust and confidence and the spirit of collegial leadership is lacking resulting in the absence of political reconciliation between the Parties to implement the R-ARCSS in letter and spirit;

    2. unjustifiable delays to implement outstanding tasks of the R-ARCSS due to deliberate action by some Parties to the Agreement, including the failure to nominate members to the TNLA and to compromise on responsibility sharing at the State and Local Government levels;

    3. violations of the R-ARCSS, including (i) the alterations made to Constitutional Amendment Bill (No.6) 2020 after it was submitted to the ITGoNU by the NCAC; (ii) the failure of the Parties to adhere to the 35% provision for women participation in the Executive of the RTGoNU; and (iii) the political appointments undertaken after the formation of the RTGoNU that are inconsistent with the provisions of the R-ARCSS;

    4. defections of some members of the security forces from one group to the other at the time when the process of unification of forces is ongoing; and

    5. impact of the global COVID-19 pandemic.

  2. As a consequence, these issues are undermining the effective implementation of the R- ARCSS. The Council, therefore, needs to pay attention to them so that the challenges are rectified.

    Excellencies, Ladies and Gentlemen,

  3. I would like to conclude with the following recommendations.

    1. The Council to:prevail on the Parties to expedite the implementation of the outstanding tasks of the R-ARCSS, which were carried over from the Pre-Transitional Period;

 

  1. urge the RTGoNU to rectify the alterations made to the Constitutional Amendment Bill (No.6) 2020;

  2. encourage the Agreement Parties to address the shortfall of the 35% provision for women participation in the Executive of the RTGoNU;

  3. prevail on the Agreement Parties to amicably and expeditiously resolve the deadlock on responsibility sharing at the State and Local Government levels;

  4. appeal to all Agreement Parties to adhere to the timelines of implementation of activities of the Transitional Period;

  5. urge the Agreement Parties who have not yet submitted their lists of nominees for the TNLA to the NCAC to do so without further delay;

  6. appeal to the Regional Guarantors, International Partners and Friends of South Sudan to provide the requisite support for the implementation of the R-ARCSS;

  7. encourage the Presidency to enhance collegial collaboration and continuous consultations;

  8. urge the RTGoNU to put in place progammes for the voluntary, safe and dignified return and resettlement of displaced persons and refugees; and

  9. continue to adhere to the IGAD Declaration on the COVID-19 Pandemic in order to mitigate the threat posed to the population.

26. Finally, I wish to reassure the Council that the RJMEC remains fully committed to discharge its mandate in the face of the challenges posed by the COVID-19 pandemic.

I thank you.

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