STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC TO THE 20TH RJMEC MONTHLY MEETING, THURSDAY, 9 DECEMBER 2021 JUBA, SOUTH SUDAN
HonourableMinisters,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. I welcome you all to the 20thmeeting of the RJMEC, which is our last Plenary meeting for this year. This time of the year is very critical as it provides a moment of reflection on what we have been able to achieve, collectively, in the pursuit of peace and stability in the Republic of South Sudan.
2. We started the year 2021 with great optimism, emerging from the disruptions of the Covid-19 pandemic, and it was our hope that 2021 would see much better progress in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). There is no doubt that the RTGoNU had a much better opportunity in 2021 to take forward the implementation of the Peace Agreement than it had in its inaugural year 2020.
3. Some milestones were achieved this year for which the institutions and mechanisms of the Agreement, Parties and the RTGoNU should be commended. I will highlight only a few, namely:
4. Under Chapter 1 on Governance Arrangements, the following tasks were completed:
a. Completion of the appointment of State Governors with the appointment of Governor of Upper Nile State;
b. Completion of reconstitution of States’ Governments with appointment of States Executive for all the ten states;
c. State Ministers, Advisors, Independent Commissioners and County Commissionersfor all the ten States have been appointed;
d. Completion of reconstitution of the Transitional National Legislative Assembly (TNLA) and Council of States; and
e. Appointment of the States Legislature in nine of the ten states.
Under Chapter 2, on the Transitional Security Arrangments
f. The Permanent Ceasefire has held between the signatories to the Revitalised Peace Agreement since its signing;
g. CTSAMVM continued delivering its monitoring, verification and reporting mandate; and
h.Some components of the 83,000 Necessary Unified Forces (NUF) are in training centres and are awaiting redeployment.
Under Chapter 3, on Humanitarian Affairs
i. Some humanitarian corridors are opened, some IDPs and refugees are gradually returning, access impediments have generally reduced, and
j. the Disaster Risk Management policy has been submitted to the Council of Ministers for Approval, and the National Strategy on finding Durable solutions for IDPs, Refugees and Returnees has been validated.
Under Chapter 4 on resource, economic and financial managment
k. An audit of the previous allocation and transfer of the 2% and 3% of total revenues made to oil producing States and communities respectively since 2011 was conducted and its findings (of misappropriation of most of the funds) was discussed by the Council of States and recommendations made to the RTGoNU; and
l. The RTGoNU has identified all loans collateralised against oil, current employment in the oil sector has been reviewed, and a new human resources policy has been developed to ensure equity in the sector, thereby improving the process of accountability and management of the extractive industries.
Under Chapter 5 on Transitional Justice
m. A roadmap has been developed and endorsed by the RTGoNU Council of Ministers mandating the Minister of Justice and Constitutional Affairs to proceed with the full implementation of Chapter 5; a Task Force has been established within the Ministry to coordinate its implementation; and
n.A Technical Committee has been established to undertake nationwide public consultations towards the establishment of the Commission for Truth, Healing and Reconciliation.
Under Chapter 6 on the Permanent Constitution-Making Process
o. the Permanent Constitution-making process has been initiated, and a workshop for the Parties and Stakeholders was successfully convened by RJMEC where details for the constitution-making process were agreed; and
p. A Constitution Process Bill drafted by the Ministry of Justice and Constitutional Affairs was endorsed by the Council of Ministers and is awaiting enactment by the Reconstituted TNLA.
Excellencies, Ladies and Gentlemen,
5. I welcome the progress I have just highlighted,however, the delayed unification of forces and their redeployment has contributed to growing frustrations. Furthermore, defections of senior military officials, mainly from the SPLA-IO to the SSPDF, erode trust amongst the two parties and public confidence in the peace process. Also, progress is impeded by the delayed enactment of the six amended security related legislations, and the lapse of the National Constitutional Amendment Committee mandate before completion of critical tasks, including amendment of the election law.
6. We are now past the mid-way mark of the timeline of the Transitional Period. The Parties are far behind schedule in implementation of key tasks. As we close the year 2021 therefore, we need clarity from the RTGoNU on its plan for the implementation of the outstanding tasks in the coming 14 months.
Excellencies, Ladies and Gentlemen,
7. Today therefore, I will only highlight some of the most recent progress on the implementation of the Revitalised Peace Agreement since our last monthly meeting, highlight key developments, outstanding tasks, challenges requiring remedial action, and conclude with recommendations.
8. Firstly, governance. Since our last meeting, there has been some progress. The State Legislative Assemblies have been reconstituted in nine out of ten states, with the exception of Western Bahr el Ghazal. This is a welcome development and a positive step towards completion of establishment of the structures of governance at the subnational level. I urge that the swearing in of the newly appointed members of the State Legislative Assemblies be conducted to ensure that they embark on their legislative and oversight functions in support of implementation of the R-ARCSS.
9. In spite of the recent developments, there are other outstanding tasks in governance, including establishment of the ad hoc Judicial Reform Committee (JRC), and the restructuring and reconstitution of the Commissions and Institutions at the national level. Regarding the Judicial Reform Committee, however, all the parties have submitted their lists of nominees, and I understand that IGAD has also completed the process of selection of their nominees to chair and deputise the Committee and is in the process of finalising their contracts. I reiterate my appeal for the process of establishment of the JRC to be concluded so as to trigger the necessary judicial reforms process in South Sudan as provided for in the R-ARCSS.
10. In terms of the bills approved by the Council of Ministers awaiting ratification by the reconstituted Transitional National Legislative Assembly (TNLA), I am informed that the Presidency has endorsed the proposed amendment to the National Security Services (NSS) Bill. The reconstituted TNLA is still to ratify all the amended security bills, the Constitutional Amendment Bills No. 8 and 9 and the Constitution Process Bill 2021.
11. I welcome the recently concluded 5thGovernors’ Forum which was convened in Juba in the third week of November 2021 for the Governors and Chief Administrators of the ten States and the three Administrative Areas. I further welcome the resolutions of the Forum, some of which relate to the process of devolving powers and resources to States and Counties as per the R-ARCSS. Additionally, the Forum resolved that each State is to review its State constitution in order to conform to the Constitution of the Republic of South Sudan 2011 as amended and the R-ARCSS. I encourage all the concerned authorities to implement these resolutions.
12. In reference to security and the implementation of the Transitional Security Arrangements, it is disappointing to note that the redeployment of the Necessary Unified Forces (NUF) remains stalled. It is now over two months since the Presidency directed the deployment of three assessment teams to Training Centres in preparation for the graduation of Phase 1 of the NUF. I understand that these teams have not yet left Juba due to the lack of funding and logistical support. It is disheartening to see that this directive of the Presidency has not been carried out. I would like to hear from the RTGoNU, the way forward on this issue.
13. I am also disappointed to report that the critical issues of Unified Command Structure and Force ratios have not yet been resolved, undermining the whole Transitional Security Arrangements process. The DDR Commission also remains unfunded and neglected despite DDR being essential to the unification process. I would like to request the NTC to provide an update on the funding situation of the Security Mechanisms.
14. I continue to receive reports from CTSAMVM that in the Cantonment Sites and Training Centres, living conditions are dire and that the occupants continue to abandon the sites in search of food and other essentials for survival. This situation has undermined the morale of security forces cantoned or in training and risks eroding their trust in the political leadership of the country. I appeal once again to the RTGoNU to provide food, medicines and other essential life support to Cantonment Sites and Training Centres and to expedite redeployment. It is essential to resolve these issues, which will pave the way for completion of the unification process.
15. I understand there has been some progress in the work of the SDSR Board including the Strategic Security Assessment and the Security Policy Framework in accordance with Article 2.5.4 of the Peace Agreement which will lay the foundation for developing the Strategic Defence and Security Review. I look forward to hearing more on this matter from the SDSR Board.
16. Regarding the Rome process under the auspices of Community of Sant’Egidio, I welcome the decision of His Excellency, Salva Kiir Mayardit, President of the Republic of South Sudan, for the RTGoNU to resume talks with SSOMA. I call upon the parties to implement the Rome Resolutions, and to come to a durable settlement.
17. On a separate note, I am encouraged by the efforts being made by the RTGoNU to put measures in place to combat sexual and gender based violence (SGBV) in South Sudan. On 30 November, the JDB launched a Committee for the implementation of an action plan for ‘Addressing Conflict-Related Sexual Violence.’ I would like to hear more from the JDB about this matter.
18. Further, I would like to report the successful completion last week of a seminar facilitated by UNITAR in collaboration with RJMEC in Kigali, Rwanda under the theme ‘Post-Conflict Peacebuilding, Reconstruction and Stabilization.’ The workshop participants included high-level South Sudanese politicians and military Generals. It is expected that the knowledge gained during the workshop will be applied to expedite the implementation of the Agreement. This is the third collaborative activity this year between UNITAR and RJMEC, and we will continue to design further programmes in support of the R-ARCSS.
Excellencies, Ladies and Gentlemen,
19. In regard to humanitarian affairs, UNOCHA reports that in November a further 154,000 people across the country have also been affected by flooding, bringing the total number of people facing high levels of food insecurity and poor access to basic services to over 850,000. I commend all those who have extended assistance to help the flooding situation, and I appeal for more resources required to alleviate the suffering of those affected. As I mentioned in my last statement, the scale of humanitarian need in South Sudan should focus our minds on the urgency of establishing the Special Reconstruction Fund (SRF), but no progress is reported on this.
20. On Chapter 4, on resource, economic, and financial management, I would like to commend the Bank of South Sudan for implementing key economic reforms supported by the Staff-Monitored Programme (SMP) that have stabilised the exchange rate, contributed to a significant decline in inflation, and unified the exchange rates in the market. I expect that the RTGoNU will continue to pursue prudent public financial management and ensure resources are properly allocated and used for the benefit of the people of South Sudan.
21. Furthermore, I would like to commend the RTGoNU for progress made in the development of the Code of Ethics and Integrity for Public Officials which is contained in the Public Service Regulation. Additionally, I commend progress made in reviewing and finalising the Public Service Master Curriculum for capacity development with the theme ‘Building Honest efficient and effective Public Service’. We look forward to the rollout of this curriculum to inculcate the spirit of nationalism and to promote the values of honesty, integrity, and respect for public property (article 4.1.3).
22. Regarding the access to finance by the South Sudanese people, the R-ARCSS in article 4.15 mandates the establishment of enterprise development funds, microfinance, and other social safety nets such as subsidised credit. It is worth noting that the Women’s Enterprise Development Fund Bill is being drafted and a draft Youth Enterprise Bill has been submitted to the Ministry of Justice. I urge the RTGoNU to continue the process to establish these funds, which are critical to improving the livelihoods of many vulnerable South Sudanese.
23. On Chapter 5, transitional justice, I am aware of the efforts to secure funding for the Technical Committee for the establishment of the Commission for Truth, Reconciliation and Healing (CTRH), including the recent partners’ roundtable forum convened by the Ministry of Justice and Constitutional Affairs. I look forward to positive outcomes to these efforts.
24. With regards to progress on the permanent constitution making process, I am informed that the Ministry of Justice and Constitutional Affairs has now received the Cabinet resolution which endorsed the Constitution Process Bill 2021. I urge the Minister of Justice and Constitutional Affairs to forward the approved Bill to the reconstituted TNLA without delay.
Excellencies, Ladies and Gentlemen,
25. As with the last monthly meeting, a critical concern remains on the Transitional Security Arrangements, especially the unification of forces, their redeployment and the DDR process. Bearing in mindthe preceding, I would like to make the following recommendations to this meeting:
a) urge the reconstituted TNLA to fast-track its handling of all bills due to be ratified, including the Constitution-Making Process Bill 2021;
b) urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including redeployment of unified forces, as well as for DDR programmes;
c) appeal to the leadership of the Parties to urgently resolve the issue of the ratio of the unified forces and the unified command structure of the Necessary Unified Forces;
d) urge the RTGoNU to work closely with international partners to establish the Board of the Special Reconstruction Fund without further delay;
e) urge the RTGoNU to fast-track the establishment of the the Youth and Women Enterprise Development fundsas listed in article 4.15 of the R-ARCSS; and
f) appeal to the RTGoNU and international community to support the work of the Technical Committee on the establishment of the CTRH.
26. In conclusion, therefore, I would like to remind us that this is the last meeting before we break for Christmas and the New Year. I hope that you will use the holidays as a period of reflection on what has been achieved in implementation of the R-ARCSS this year, and what remains to be done within the remaining period of the Agreement. I hope that we will return in the New Year with concrete plans and renewed vigour and determination to bring durable peace, stability and prosperity to the people and country of South Sudan. I wish you all a Happy Christmas and a prosperous New Year.
27. I wish you fruitful deliberations.
Thank you.