STATEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 14th RJMEC MONTHLY MEETING
STATEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 14th RJMEC MONTHLY MEETING
Wednesday, 30 September 2020
Juba, South Sudan
HonourableMinisters,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. It is my pleasure to deliver this statement to you this morning. We all meet once again after a long pause. This year has been challenging and unpredictable in many ways, but the one constant has been the commitment of all those present here to the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). I believe that our presence here today is testament to that, and that we have latelypassed the two-year anniversary since the Agreement was signed on 12 September 2018 is likewise an important milestone to note.
Excellencies, Ladies and Gentlemen,
2. I am also honoured for this opportunity to lead the RJMEC. I firmly believe that with your support and continued commitment and guidance, we can make our contribution to the implementation of the Revitalised Peace Agreement and to the building of sustainable peace in the Republic of South Sudan. I commend my predecessor H.E. Lt. General (rtd) Augostino S.K. Njoroge for his work in this regard, and I look forward to building on his efforts and continuing from where he left off. Since my arrival, I have been fortunate to meet with a wide range of personalities and institutions including the President, the Presidency, several Ministers of the RTGoNU, the diplomatic community, and numerous civil society organisations, all of whom have made me aware of the issues, in addition to my staff at the Secretariat.
Excellencies, Ladies and Gentlemen,
3. As I said in my briefing to the African Union Peace and Security Council two weeks ago, the path to sustainable peace is never easy, and the Parties to the Peace Agreement should be commended for staying the course of peace in the past two years since the signing of the Revitalised Agreement, challenges notwithstanding. I want to again congratulate H.E. President Salva Kiir Mayardit, President of the Republic of South Sudan, and the Parties to the Agreement for providing the environment in which progress in its implementation has been made so far. Equally, I would like to seize this opportunity to congratulate H.E. President Salva Kiir for successfully steering the Sudan peace process. This success bodes well for the continued implementation of the Revitalised Peace Agreement in South Sudan.
4. Furthermore, all the other Parties and stakeholders to the Peace Agreement should be commended for playing their crucial roles towards its implementation. More broadly, we applaud the people of South Sudan who have played their part in encouraging the Parties to reach this point, and it is for the benefit of the nation as a whole that all of us endeavour to achieve enduring peace in South Sudan.
5. In my statement today, I will highlight the key issues in the status of implementation of the Revitalised Peace Agreement since our last monthly meeting, including some recurring issues, and I will then conclude with my recommendations on the way forward. Considering that we have had such a long pause since the last meeting, I expect to hear detailed reports from each of the presenters this morning, particularly the RTGoNU.
Excellencies, Ladies and Gentlemen,
6. In terms of governance, some key issues stand out. As we know, the issue of the number of States and their boundaries was resolved on 15 February 2020, with a decision by H.E. President Salva Kiir, to revert the country to ten states. This welcome compromise paved the way for the formation of the Revitalised Transitional Government of National Unity (RTGoNU) on 22 February and the establishment of the Council of Ministers on 17 March 2020. To date, nine out of the ten State governors have been appointed, but the position of the governor of the state of Upper Nile is still outstanding. There, an SPLM/A-IO nominee is to be appointed the Governor. However, their candidate was rejected by the President, and unfortunately, both sides have not changed their respective positions.
7. More broadly, a cross-party agreement on responsibility-sharing was reached on 10 August 2020, with particular regards to the allocation of state and local governmental positions to the various Parties to the R-ARCSS. Although I understand that some progress has been made with regards to sharing positions among the Parties, generally it seems that progress in completing this has been slow, and I am keen to hear about efforts to conclude this matter this morning.
8. Furthermore, the Transitional National Legislative Assembly (TNLA) has still not been expanded and reconstituted as perArticle 1.14.2 of the Revitalised Peace Agreement, despite an appeal by the IGAD Heads of State and Government during their 36thExtraordinary meeting held on 14 July 2020 for this to be done by 26 July 2020. The Former Detainees (FD) are the only Party to have submitted their nominees to the NCAC. In line with the IGAD Heads of State and Government appeal, I urge that the Parliament be expanded and reconstituted without any further delay, and I am keen to hear any updates on this matter.
9. It is notable that the RTGoNU Cabinet of Ministers met on Friday 11 September for the first time since their swearing-in in March 2020 at a meeting chaired by H.E. President Salva Kiir. This is a welcome development. More and regular Cabinet meetings as part of the norms and usual practices of government will no doubt send positive signals to the people of South Sudan, and will build trust and confidence in and among the Parties to the R-ARCSS.
Excellencies, Ladies and Gentlemen,
10. In terms of security, there are three important points I would like to make. Firstly, the unification of forces and their reorganisation into the Necessary Unified Forces (NUF) is behind schedule. As you all know, this is a Pre-Transitional task which was carried forward into the Transitional Period. Although tens of thousands of troops reported to the cantonment sites and training centres, the conditions in which they exist are austere, with numerous reports of troops leaving them in search of food. That said, I have witnessed for myself on my recent visit to a training centre that morale was commendable, and there was evidence of the spirit of unification, comradeship, a sense of esprit de corps that should be capitalised upon, and should not be left to fade.
11. Also connected to the unification of forces are redeployment and graduation plans for the NUF, and preparations for disarmament, demobilisation and reintegration (DDR) for ex-combatants. Unfortunately, these do not seem to have advanced in recent months, despite our continued urging for progress on the matter. Also pending is the Strategic Defence and Security Review Board’s (SDSRB) White Paper on defence policy, which when complete will help the overall security architecture in South Sudan. I look forward to hearing more from the National Transitional Committee on these matters shortly, and I hope that the NTC-DDR Commission coordination meeting recently facilitated by the RJMEC Secretariat will help in this matter.
12. The second point related to security is that community-based violence has become the main cause of insecurity in the states. In July, H.E. President Salva Kiir formed a High-Level Committee to address the issue of community-based violence in Jonglei State and Pibor Administrative Area, under the leadership of H.E. Dr James Wani Igga, Vice President of the Republic of South Sudan. This is a valuable initiative, and it is important that further grassroots dialogue initiatives be developed country-wide at the local level to help identify the drivers of community-based conflicts to inform their resolution and transformation.
13. The third point on security relates to the activities of non-signatories to the Agreement. Since July 2020, there has been an increase in activities of National Salvation Front (NAS) lead by General Thomas Cirillo in Central Equatoria, consisting of direct attacks on SSPDF and SPLA-IO, road ambushes targeting civilian and military vehicles, and abduction and displacement of civilians. In late August, RJMEC issued a statement reminding all the signatories to the Cessation of Hostilities Agreement of December 2017, the Rome Declaration of January 2020 and the Rome Resolution of February 2020, that these documents affirm the signatories’ commitment to pursue dialogue and the protection of civilians. We continue to push for the diplomatic path along with IGAD and the Community of Sant’Egidio.I am aware that a meeting on this matter is due to take place in early October, and I urge all participants to prepare for a constructive engagement.
14. Wherever such subnational conflict takes place, including in states such as Central and Western Equatoria, Jonglei, Warrap, and Lakes, humanitarian access and safety are usually impaired. According to UNOCHA, over 19,000 people have been displaced in Central Equatoria alone recently. At present, this situation is exacerbated by country-wide flooding, with at least 625,000 people affected, according to the same source. The need for civilian protection and food security in such contexts only increases. I would like to appreciate the humanitarian assistance already given by the international community, and I would also like to appeal to all concerned, primarily the Government, to enhance their efforts in instituting programmes for relief, humanitarian assistance and reconstruction in South Sudan.
15. Recently, the SSPDF District Court Martial set up in Yei County, Central Equatoria, convicted 26 soldiers for offences against civilians and violations of the SSPDF military code of conduct. According to the CTSAMVM report of the 7 September 2020, seventeen of these were cases of rape or sexual assault. The soldiers found guilty of rape or sexual assault were sentenced to a period ranging from 6 to 14 years in prison and dismissal from the SSPDF. The action of the SSPDF District Court Martial is a commendable milestone for the fight against impunity for Sexual and Gender-Based Violence and violations of human rights, and the message it sends is positive.
Excellencies, Ladies and Gentlemen,
16. Now for an update on the work of the National Constitutional Amendment Committee (NCAC). The Committee reviewed all the five security-related laws and submitted the bills to the Minister of Justice and Constitutional Affairs during the Pre-Transitional Period. In addition, the NCAC has drafted the Political Parties Bill 2020 and submitted it. Unfortunately, all these bills are still pending Cabinet endorsement and ratification by the Parliament. Similarly, the NCAC worked with the Ministry of Justice and Constitutional Affairs to rectify the alterations detected in the Constitutional Amendment Bill No. 6, 2020. In this regard, it resubmitted the revised Constitutional Amendment Bill No. 8, 2020 to the Minister of Justice and Constitutional Affairs on 10 September for the same to be presented to Parliament for ratification in due course.
17. In terms of the economy. The overall implementation of the Resource, Economic and Financial Management provisions in Chapter 4 of the Revitalised Agreement has been slow. I note that the Ministry of Finance has commenced work on implementing Public Financial Management reforms, and has prioritised some activities intended to ensure the accountable and transparent management of resources. Accordingly, an accountable and transparent budget is central to achieving this. In this context, although I understand some progress has been made recently, it is of concern that the budget for the present fiscal year has not yet been passed, and I would be interested to hear any updates on this matter.
18. The RTGoNU is also required to expedite the review and implementation of the Petroleum Act 2012 and Petroleum Revenue Management Act 2012 as per article 4.7.1 and 4.8.1.1 of the Peace Agreement. These laws mandate the closure of any petroleum revenue accounts other than those approved by the law, and the identification, checking and recording of all loans and contracts collateralised or guaranteed against oil. Furthermore, the required reforms of the oversight institutions have lagged, notably the Anti-Corruption Commission and National Audit Chamber. Also behind schedule is the establishment of the Economic and Financial Management Authority, which is a central institution to ensure the transparent and accountable management of South Sudan’s resources. I would be interested to hear of any relevant progress in these tasks I mentioned, which is due.
19. In terms of transitional justice. There are three main mechanisms provided for by the Revitalised Peace Agreement. These are, the Commission for Truth, Reconciliation and Healing (CTRH), the Hybrid Court of South Sudan (HCSS), the Compensation and Reparation Authority (CRA). I am pleased to note that the African Union has undertaken a number of interventions that contribute to the establishment of HCSS and we expect them to engage closely and cooperate with the RTGoNU to ensure a comprehensive and multifaceted process going forward. We also expect the RTGoNU to initiate necessary legislations for stakeholder engagement and establishment of these transitional justice mechanisms.
20. With regards to the Permanent Constitution-making process envisaged in Chapter 6 of the Agreement, the RJMEC has made significant progress in its preparation for the convening of the workshop of the Parties to agree on its modalities. This is in line Article 6.7 and 6.8 of the Agreement. The workshop which was initially scheduled for June 2020 has now been rescheduled for November 2020 due to the COVID-19 disruptions. The Max Planck Foundation has been identified to facilitate the workshop. Separately, a comparative study on post-conflict constitution-making processes was commissioned by the RJMEC Secretariat, and is now under dissemination to inform this process. I am informed that RJMEC Members have all been availed a copy of this important report and I hope that the Parties will soon embark on the crucial constitution-making process without any delay.
21. Finally, I would like to draw your attention to the fact that RJMEC is reconstituting its thematic Working Committees with immediate effect. These Working Committees are RJMEC’s inclusive and participatory mechanism for monitoring and evaluating progress in the implementation of the Revitalised Peace Agreement as we move forward. We have received nominations for the membership and observer positions to the various Committees. The Secretariat has circulated the RJMEC Working Committees' Rules of Procedure and list of the members for you to confirm where your institutions/organisations or Parties belong. I would like to announce that the Chairperson of each Working Committee, with their agreement, is as follows:
i. Governance: Academia Representative;
ii. Security: South African Representative;
iii. Humanitarian Affairs: Sudan Representative;
iv. Economic Affairs: Troika Representative;
v. Transitional Justice: African Union Representative; and
vi. Constitutional Affairs: European Union Representative.
22. I call on the Parties the Agreement to nominate their members by 7 October, and each Working Committee should then hold its first meeting by 14 October. Should you require any clarification, kindly liaise with the RJMEC Chief of Staff before the inaugural meetings of the Working Committees. Each RJMEC thematic adviser will be in touch with you to determine the particulars of the first meeting.
Excellencies, Ladies and Gentlemen,
23. In view of the above, I would like to conclude with some recommendations:
a) Urge the Parties to urgently resolve the impasse in Upper Nile state and appoint a Governor;
b) Prevail on the Parties to immediately reconstitute the Transitional National Legislative Assembly (TNLA) and the Council of States;
c) Urge the RTGoNU to expedite and complete the unification of forces, produce the plans for the redeployment of the NUF, conduct comprehensive DDR, and to finalise the SDSR Board’s White Paper on defence policy;
d) Prevail upon the non-signatory groups to join the peace process and adhere to the terms of the Cessation of Hostilities Agreement (2017) and the Rome Declaration and Resolution (2020);
e) Encourage the RTGoNU and State authorities to initiate dialogue at the grassroots level across the country to better understand the drivers of community-based conflict, thereby taking steps to improve humanitarian access and civilian protection;
f) Urge the implementation of the Resource, Economic and Financial Management provisions envisaged in Chapter 4, including the Economic and Financial Management Authority, the Anti-Corruption Commission and the National Audit Chamber;
g) Support efforts to fast track the establishment of the Hybrid Court of South Sudanand engagement with RTGoNU on complementary transitional justice mechanisms, particularly in light of their ability to deal with human rights violations, including women’s rights violations; and
h) Urge that the RTGoNU embark on all aspects of the crucial constitution-making process without any delay.
24. As we move in to the third year of implementation, it is worth taking a moment to appreciate the two years since the signing of the Revitalised Peace Agreement. Though not without challenges, progress has been made. Looking forward, we see that the timeline of Transitional Period is very busy and it is clear that much remains to be done in a short time. Therefore, the challenge to the RTGoNU is to ensure full implementation of the Agreement provisions and bring South Sudan further and faster down the road to enduring and sustainable peace.