STATEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 16THRJMEC MONTHLY MEETING, THURSDAY, 4 FEBRUARY 2021, JUBA, SOUTH SUDAN

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.  I would like to start by welcoming you to our first monthly meeting of 2021, and by wishing you all a Happy New Year. I hope it will be a year where all of us demonstrate dedication and commitment to achieve the required level of implementation of R-ARCSS. There is need to make progress, and for this to happen the onus is on the RTGoNU to strategise, mobilise the required resources and increase the pace of implementation of the Peace Agreement.

2.  This month will mark one year since the formation of the RTGoNU and commencement of the Transitional Period.  The question that should be on all our minds is how much progress have we achieved to date, and what tasks lie ahead of us.  Since the last monthly meeting, the RJMEC has actively engaged with the Presidency, Parties to the Agreement, regional and international partners, stakeholders and adherents, and relevant RTGoNU line ministries. In addition, RJMEC has written to the Chairperson of the IGAD Heads of State and Government and the Secretary of the IGAD Council of Ministers. The focus of these engagements has been on highlighting critical issues pertaining to the Agreement, and ways to improve on the pace of implementation.    

3.  Today I will provide an update on the status of implementation of the R-ARCSS since our last monthly meeting, highlight key outstanding issues and recurring challenges and conclude with my recommendations. 

Excellencies, Ladies and Gentlemen, 

4.  On governance, it is encouraging to report that there have been some developments since our last meeting. The Presidency in their fourth meeting on 9 December 2020 discussed and agreed on steps to be taken pursuant to the implementation of the pending governance arrangements, including reconstitution of the Transitional National Legislative Assembly (TNLA), and the Council of States. In view of the above, I welcome the resolutions of the meeting of the Presidency on Tuesday 2 February, and I look forward to their full implementation.   

5.  On 30 December 2020, the President appointed six Deputy Governors for the states of Eastern Equatoria, Western Equatoria, Jonglei, Lakes, Unity and Western Bahr el Ghazal.  Then on 22 January 2021, three Deputy Governors were appointed for Central Equatoria, Northern Bahr el Ghazal and Unity states. Finally, on  29 January 2021, the  Governor and Deputy Governor of Upper Nile state were appointed. I note that three of the Deputy Governors are women, of whom two were nominated by the OPP and one by the SPLM/A-IO. However, this falls short of the 35 percent women representation required in the Agreement. There is, therefore, need for more women to be appointed in the state executive positions. 

6.  Furthermore, on 18 January 2021, the Parties to the R-ARCSS initialled an agreement on responsibility-sharing positions in the three Administrative Areas of Abyei, Greater Pibor and Ruweng. The positions were shared between ITGoNU, SPLM/A-IO, and SSOA.

7.  In regard to the nomination of members to the TNLA, it is still the case that only the Former Detainees have submitted the list of  nominees to the National Constitution Amendment Committee (NCAC), as per the requirement in the Agreement. I, therefore, urge the I-TGoNU, SPLM/A-IO SSOA and OPP to submit their lists of nominees to the NCAC for their due diligence in order to ensure that the process of reconstitution of the TNLA is completed. I also reiterate my appeal to the Parties to adhere to the 35 percent level of women’s representation in their nominations.

8.  Similarly, there are other tasks on governance that require the RTGoNU to expedite their implementation. These include the establishment of the ad-hoc Judicial Reforms Committee (JRC), and restructuring and reconstitution of various Commissions and Institutions at the national level as stipulated in the Agreement.  

9.  Implementation of the Transitional Security Arrangements (TSA)is intended to underpin a stable and secure future for the people of South Sudan. Unfortunately, there is no progress reported on the training, graduation and redeployment of Necessary Unified Forces (NUF) under Phase I. Outstanding issues are the establishment of a unified command structure for the NUF, and finding a solution to the ‘ranking’ process and the management of excess senior officers. 

10.      There are also serious ongoing challenges within the cantonment sites and training centres. This fact was emphasised in a joint statement following a recent visit organised by RJMEC, of the AU, the IGAD Special Envoy and the IGAD and AU C5 ambassadors to training centres in Maridi and Rajaf. It was disheartening to observe that a lack of food and other essential resources, such as medicines, shelter and separate facilities for women, has led to the suffering of the trainees, and to some trainees abandoning the training centres. The protracted delays and passing of time without progress is detrimental to lasting peace in South Sudan. Furthermore, implementation of the Disarmament, Demobilisation and Reintegration (DDR) process has not gone forward since my last statement.

11.       In an effort to drive forward implementation of the Transitional Security Arrangements, RJMEC convened a joint seminar with the National Transitional Committee, Security Mechanisms and DDR Commission. The seminar examined current and future risks and challenges, set priorities, and agreed on a set of recommendations.     

12.       Also of importance is the work of the Strategic Defence and Security Review Board (SDSRB), which must finalise the first stage of its tasks by completing the Board Strategic Security Assessment, the National Security Policy Framework and the revised Defence and Security Policy in line with the requirements of the R-ARCSS. Completion of these tasks of the SDSRB is critical to the formation of a unified army and other security services.

13.       On sexual and gender-based violence (SGBV), the CTSAMVM Technical Committee produced a report on SGBV incidents and trends. This report is available on the CTSAMVM website. I urge continued focus on investigating, arresting, prosecuting and sentencing perpetrators of SGBV crimes.

Excellencies, Ladies and Gentlemen, 

14.       On the humanitarian situation, according to OCHA’s recently published Humanitarian Needs Overview, 8.3 million people in South Sudan are estimated to need humanitarian assistance in 2021, up from 7.5 million in 2020. 72 counties are facing extreme needs, five counties are in severe need and one county is in catastrophic need, which is Pibor, Jonglei. This calls for a greater need for funding and humanitarian responses in 2021 on the part of the RTGoNU, in collaboration with the aid agencies.

15.       It is also concerning to note that humanitarian workers face increasing numbers of bureaucratic access impediments and security threats. I would like to hear from the RTGoNU which steps are being taken to address the growing concerns of humanitarian access.  

16.       With regard to economic and financial management, I note the efforts of the Public Financial Management Oversight Committee in building the capacity of the government to implement its reform strategy that is aligned to the R-ARCSS. However, I wish to reiterate the need for the establishment of the Economic and Financial Management Authority (EFMA) to report to the RJMEC on progress in implementation against individual provisions in Chapter 4.

17.       I welcome the recently updated annual petroleum reports from the Ministry of Petroleum. The public availability of these reports contributes to increased transparency in the oil sector. I would also like the RTGoNU to provide an update on the status of operationalising the oil revenue funds (Oil Stabilization Account and the Future Generations Fund) and restructuring the National Petroleum and Gas Commission, and the Nile Petroleum Corporation, as required in Chapter 4 of the R-ARCSS. 

18.       Concerning transitional justice, healing and reconciliation, I am pleased to note that the roadmap for implementation of Chapter 5,  proposed by the Minister of Justice and Constitutional Affairs to the Council of Ministers has been endorsed. The Council has now authorised the Minister to establish the Commission for Truth Reconciliation and Healing, the Compensation and Reparations Authority, and the Hybrid Court for South Sudan, in accordance with the R-ARCSS. I appeal to the Minister to commence the stakeholders’ consultations on these three mechanisms and expedite their establishment.

19.       With regard to the constitutional making process under Chapter 6, some progress has already been made in preparation towards convening the workshop for the Parties to agree on the details of conducting the Permanent Constitution-making process. This includes two rounds ofsensitisation meetings with some of the representatives of the Parties, the Other South Sudanese Stakeholders and relevant rule of law institutions and mechanisms. In this regard, we appreciate the commitment of the Max Planck Foundation, the institute which RJMEC has engaged to facilitate this workshop.

20.       However, the workshop could not take place at the end of January as originally planned, because the ITGoNU did not submit the list of its representatives to the workshop. RJMEC will communicate the new date for the workshop after receiving the list from the ITGoNU. I want to reiterate the importance of this workshop whose outcome will form the basis of the legislation to be enacted to govern the constitutional making process.RJMEC is working closely with the Ministry of Justice and Constitutional Affairs and other relevant actors to make sure that this workshop is a success.

Excellencies, Ladies and Gentlemen,

 21.       Our latest Quarterly Implementation Status Report is available and I’m confident that you have all received copies. Furthermore, a summary report of the Pre-Transitional Period is also available, and a copy has been provided to you this morning. Overall, progress has been slow, and a lot of ground remains to be covered. As we approach the one-year anniversary of the Transitional Period, I urge you all to take steps that will contribute to increasing the pace of implementation of the Agreement.

22.       I note that the RJMEC Working Committees are already meeting, and I thank members for their engagement so far. I appeal to all RJMEC members to continue taking the work of these committees seriously, and to participate fully in their meetings. We will soon organise a review workshop to take stock of the status of the implementation of the Agreement chapter by chapter, and the Working Committees will take lead in this review. 

23.    I would like to conclude with the following recommendations to this meeting.

 a)   Urge the Parties to expedite the appointment of all personnel to the government structures at the sub-national level, while observing the 35% level for women’s representation;  

b)   Prevail on the ITGoNU, SPLM/A-IO, SSOA and OPP to immediately submit their nominations to National Constitutional Amendment Committee in order to facilitate the long overdue reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States, while observing the 35% level for women’s representation; 

c)    Appeal to the I-TGoNU to immediately submit the list of its representatives to the permanent constitutional process workshop to facilitate timely planning and its convening without delay;

d)   Urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, and ensure well-coordinated DDR;

e)   Urge the RTGoNU to drive forward the work of the Strategic Defence and Security Review Board (SDSRB), which must finalise the first stage of their tasks in line with the requirements of the R-ARCSS;

f)    Urge continued focus on investigating, arresting, prosecuting and sentencing perpetrators of Sexual and Gender-Based Violence crimes, as well as continued training and sensitisation on SGBV issues within the Organised Forces;

g)   Urge the RTGoNU to proceed in a timely manner with the establishment of the three Transitional Justice mechanisms, including through public consultation in collaboration with other stakeholders and civil society; and

h)  Urge the RTGoNU to avail the necessary resources for the implementation of the Peace Agreement.

24.       Lastly, 9 July this year will mark ten years of independence for South Sudan. It is incumbent on all of us to push hard on the implementation of the Revitalised Peace Agreement so that the ten-year celebrations will mark not only the milestone of a decade of independence, but also significant progress in the implementation of the Peace Agreement.

Thank you.