STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (rtd), INTERIM CHAIRPERSON, RJMEC TO THE RJMEC MEMBERS, March 2021 Juba, South Sudan
STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (rtd), INTERIM CHAIRPERSON, RJMEC TO THE RJMEC MEMBERS, March 2021 Juba, South Sudan
Excellencies,
Distinguished Ladies and Gentlemen,
Greetings.
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Due to the present restrictions owing to the COVID-19 pandemic lockdown measures, it has been necessary to release my statement electronically. However, in our usual manner, we have been able to conduct our pre-Plenary consultations with the Parties to the R- ARCSS, the stakeholders and adherents, and the regional guarantors and international community, so I am content that your updates and concerns have been registered.
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At the outset, I would like to take a moment to express my condolences to the government and people of the United Republic of Tanzania at the recent passing of one of the most prominent sons and leaders of Africa, President John Pombe Joseph Magufuli, President of the United Republic of Tanzania. He was one of the most inspiring statesmen of the continent, and he will surely be missed.
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In this statement, I will provide an update on the status of implementation of the R-ARCSS since our last monthly meeting, highlight key outstanding issues and conclude with my recommendations.
Excellencies, Ladies and Gentlemen,
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Firstly, on governance. I am pleased to report that on 2 March 2021, the process of establishing the executive structures of all the ten state governments was completed with the appointments of the State Ministers, Advisors, Independent Commissioners and County Commissioners. However, in making these appointments, it is regrettable that the Parties to the R-ARCSS did not adhere to the 35% level of women’s representation. I encourage the Parties to the R-ARCSS to give this their full attention in the spirit of the Agreement. There is a clear need for more women to be appointed at all levels of government, especially at the state executive and legislative positions.
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Furthermore, appointments are yet to be made for the Transitional National Legislative Assembly (TNLA), Council of States, State Legislative Assemblies, as well as the various positions within the local governments in the three Administrative Areas of Abyei, Ruweng and Greater Pibor. I recall that the resolution of the meeting of the Presidency on Tuesday 2 February 2021 was to, among others, reconstitute the TNLA and the Council of States by 15 February 2021. I can report that these two institutions have not been reconstituted. I reiterate my appeal to the Parties to adhere to the 35% level of women’s representation in their nominations to reconstitute the TNLA and the Council of States.
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The mandate of the National Constitutional Amendment Committee (NCAC) expired on 22 February 2021, which means that it cannot continue with its work unless its mandate is renewed. There are also other laws which the NCAC has not yet reviewed as required by the R-ARCSS. I am aware that IGAD has written to the RTGoNU identifying it as the appropriate authority to extend the mandate of the NCAC so that it may complete its outstanding critical tasks. I urge the RTGoNU to settle this matter quickly.
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A reconstituted TNLA is required to enact a range of legislations critical to the ongoing implementation of the R-ARCSS. For example, the amended bills, such as the security bills and the Constitutional Amendment Bill No. 8 (2020), which were drafted by the NCAC and presented to the Minister of Justice and Constitutional Affairs are yet to be enacted into law. Also outstanding are various judicial reforms as stipulated in the Agreement. I appeal to the RTGoNU to reconstitute the TNLA to enable the enactment of the Bills into law, and expedite judicial reforms.
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Next, on security, since the last RJMEC monthly meeting, there has been no progress in any of the Transitional Security Arrangements issues listed in the RJMEC resolutions of the last meeting (resolutions 10 and 11 in particular). The unification of forces has stalled. Cantonment Sites and Training Centres continue to face serious logistical constraints, such as food, medicines and sufficient shelter which are lacking, and female combatants continue to lack appropriate facilities and personal hygiene items. Training of the Necessary Unified Forces (NUF) has stalled, and no graduation or redeployment plans have been announced. The lack of sufficient funding to the Security Mechanisms is a constraint, and disappointingly, the National Transitional Committee (NTC) has not submitted a progress report to the RJMEC, as requested by the RJMEC members
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9. On 25 January 2021, the RJMEC Secretariat facilitated a seminar to help improve the planning and coordination capabilities of the NTC and the Security Mechanisms. The result was an agreed number of specific recommendations for action by the relevant mechanisms and authorities, which all agreed to. I call upon the RTGoNU, the NTC, and the Security Mechanisms to implement the recommendations of the January Security Seminar, including providing funding for the DDR process to avoid further delays in completing the outstanding Pre-Transitional tasks and the Transitional Security Arrangements in accordance with the R- ARCSS.
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10. CTSAMVM reported an increase in violence involving armed youths and the SPLM/A-IO in the areas of Liang Cantonment Site in Maban, Unity State, and between armed youth and the SSPDF in areas around Nassir, Upper Nile State. With regard to this armed violence in Upper Nile State, I would like to commend the Joint Defence Board for moving to de-escalate the situation, and I urge them to continue taking an active role in other potential flashpoints.
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11. Furthermore, I am concerned by reports that community-based conflict is on the increase. It is the responsibility of the RTGoNU, as per article 1.2.2, to restore permanent and sustainable peace, security, and stability, and I call upon the Central and State Governments to work jointly with local leaders and curb the violence. The operationalisation of the State Security Committees will be instrumental is alleviating the situation.
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12. In terms of the Rome process and the political engagements with the non-signatory groups in the peace process, I can report that from 8-12 March 2021 talks were held between RTGoNU and Gen. Paul Malong and Pagan Amum Okiech of South Sudan Opposition Movement Alliance (SSOMA) in Naivasha, Kenya. The main outcomes of the talks were firstly, that the Parties recommit to the CoHA (2017), and the Rome Declaration and Rome Resolution. The Parties signed a Declaration of Principles for Political Dialogue, which sets out the principles to govern subsequent political dialogues. I look forward to the development of this dialogue, and I urge all the Parties involved to remain fully committed.
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13. On Sexual and Gender Based Violence (SGBV), I understand some reports are being made to CTSAMVM about new cases. I would like to reiterate what our last meeting resolved, which was to call for continued focus on investigating, arresting, prosecuting and sentencing of perpetrators of SGBV crimes, as well as continued training and sensitisation on SGBV issues within the organised forces.
Excellencies, Ladies and Gentlemen,
14. The humanitarian situation in the country is dire. The scale of humanitarian need in South Sudan continues to rise as a result of multiple factors, including widespread sub-national violence, floods, COVID-19 related restrictions, economic challenges and acute food insecurity. In response to these needs, the humanitarian community launched the South Sudan Humanitarian Response Plan for 2021 targeting 6.6 million people with urgent life-saving assistance and protection by the end of the year.
15. Community-based violence continues to be the main issue negatively impacting humanitarian movement and operations, thereby threatening the safety of staff and assets. In the Resolution 8 of our last monthly meeting, members requested that the RTGoNU briefs the RJMEC on steps being taken to address the reported impediments to humanitarian access. I reiterate our call for this to take place as it is critical that the RTGoNU plays its central role by ensuring the safety and security of humanitarian workers, and by supporting the delivery of services by ensuring access to the people in need. Furthermore, setting up the Special Reconstruction Fund, as per article 3.2, is likewise a critical step.
16. On resource, economic and financial management, I can report that not much has been accomplished in the implementation of Chapter 4 since I last reported to the RJMEC members. However, it is encouraging to note that the Republican Decree of 18 February 2021 created an Oversight Committee which, should push forward, the audit mandated by article 4.8.1.14.5, which is described in the Agreement as an “urgent audit of the Petroleum Sector and to reconstitute and empower the National Petroleum and Gas Company to oversee negotiations with oil companies as well as the award of concessions and licenses.”
17. The steep decline in oil prices and associated loss of revenue in 2020 was challenging, but the outlook for government finances should be improving. Since the beginning of 2021, a global economic recovery and tight control of oil supply by OPEC+ has caused a rebound in the oil price. This results in a strong increase in oil revenues which will ease financial constraints, which I hope will be used on implementation of the R-ARCSS.
18. Our last meeting reiterated the need for the establishment of the Economic and Financial Management Authority (EFMA) as mandated in the R-ARCSS to report to the RJMEC on progress in implementation against provisions of the Agreement. The EFMA has not yet been established. The same meeting also requested the RTGoNU to provide an update on the status of operationalising the oil revenue funds and the different enterprise development funds, including the Youth and Women Enterprise Development Funds, as mandated under Article 4.15.1 of the R-ARCSS. We have not received this update, and I urge the RTGoNU to provide it.
19. Regarding the status of implementation of transitional justice provisions in the R-ARCSS. The Ministry of Justice and Constitutional Affairs (MoJCA) recently indicated it would give leadership to the implementation of Chapters 5 and 6, and judicial reforms, following a Cabinet-level decision to that effect. Going forward, critical steps that I await to be taken include signing of the Memorandum of Understanding with the African Union so as to establish the Hybrid Court for South Sudan. Another critical step I await to see is MoJCA undertaking public and stakeholder consultations with the people of South Sudan whose findings should be incorporated into the legislation on the Commission on Truth, Reconciliation and Healing. Lastly, I also look forward to receiving updates from the RTGoNU on what steps it is taking towards establishment of the Compensation and Reparations Authority.
20. On Chapter 6 on the Permanent Constitution-making process, the RTGoNU is mandated to initiate and oversee a Permanent Constitution-making process which is expected to be completed within 24 months into the Transitional Period. The process was initiated in January 2021 with the endorsement of the Ministry of Justice and Constitutional Affairs roadmap for implementation of the Chapter 5, Chapter 6, and Judicial Reforms by the RTGoNU Council of Ministers. As you may be aware, RJMEC is mandated to convene the workshop for the R-ARCSS Parties to agree on the details of the Permanent Constitution-making Process, pursuant to Article 6.9 of the Agreement. I am pleased to say that all the Parties and Stakeholders have now nominated their representatives to this Workshop which will be convened in May 2021.
Excellencies, Ladies and Gentlemen,
21. I conclude with the following recommendations:
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urge the RTGoNU to reconstitute TNLA and Council of States, to appoint members of the State Legislative Assembly, and to appoint local governments of the Administrative Areas while ensuring women’s participation is at least at the level of 35%;
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urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, and ensure well-coordinated DDR;
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urge the RTGoNU to deal with the drivers of community-based violence, and operationalise the State Security Committees to help address the conflicts;
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urge the RTGoNU to establish the Special Reconstruction Fund to ensure funding which would ensure their leadership of ongoing humanitarian support efforts to meet the increasing needs of the people of South Sudan;
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urge the RTGoNU to proceed in a timely manner with the initiation of legislation and establishment of the three Transitional Justice mechanisms.
22. As we now proceed into Easter, I hope that we all use this time as a period of reflection so that when we return from the break, we are inspired to pick up the pace of implementation of the R-ARCSS and build momentum towards its full implementation in letter and spirit. Three months from now, July, marks ten years of independence for South Sudan, and now is the time to accelerate the implementation of the Agreement so that there will be much to celebrate in a decade of independence.
I wish you all a Happy Easter. Thank you.