STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI CBS INTERIM CHAIRPERSON - RJMEC TO THE 24th RJMEC MONTHLY MEETING 

Thursday, 17 November 2022, Juba, South Sudan 

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen, 

Good morning. 

1. I welcome you all to the 24th meeting of the RJMEC. Since the last regular meeting of the Plenary, which was in July, we have seen a number of notable things. Key among them include: 

a. phase 1 of the graduation of forces has begun and continues in earnest with approximately 42,500 out of 53,000 graduated; 

b. the Constitution-making Process Bill, among others, was passed by the Reconstituted Transitional National Legislature and is awaiting assent of the President; 

c. implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) has entered its fifth year with sustained efforts towards peace, despite the many challenges; 

d. the Parties have all agreed on a 24-month extension of the Transitional Period with a clear Roadmap to a Peaceful and Democratic Elections at the end; 

e. the RJMEC pronounced itself on the Roadmap with clear recommendations on steps to be taken in order to ensure that critical tasks outlined in the Roadmap are implemented as scheduled. 

Excellencies, Ladies and Gentlemen, 

2. As you may all be aware, the Roadmap contains tasks which are already being implemented, and there are others which should have been completed by now. RJMEC has therefore been keenly monitoring the progress or lack thereof in the implementation of the Agreement since our last meeting, and I hope that you all received a copy of our most recent quarterly report covering this period. 

3. My statement this morning will therefore focus on the most recent developments in the implementation of the Roadmap since our last plenary, highlight progress made, challenges faced, upcoming tasks and deadlines for the RTGoNU and conclude with RJMEC efforts and recommendations. 

Excellencies, Ladies and Gentlemen 

4. First, governance. In the recent period, we have seen the passing of numerous pieces of legislation by the Reconstituted Transitional National Legislature, including the SSPDF Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill, the Constitution-making Process Bill, and the ratification of the Roadmap. This is welcome progress. I urge that the Reconstituted Transitional National Legislature now shifts its focus to other outstanding pieces of legislation. 

5. Since its reconstitution in May 2022, the National Constitution Amendment Committee (NCAC) has made significant progress drafting amendment bills, four of which have already been submitted to the Minister of Justice and Constitutional Affairs, and it has made progress in the review of the National Elections Act, 2012. The Chairperson of the NCAC will give us more details this morning. 

6. With respect to judicial reforms under Article 1.17 of the R-ARCSS, the Judicial Reform Committee (JRC) continues to work independently in sub-committees, as well as in plenary meetings. They have begun consultations with the judiciary, and other rule of law institutions on areas of judicial reforms. Some progress is therefore being made in this regard, albeit with many challenges, including lack of resources. 

7. The restructuring and reconstitution of the Institutions and Commissions at the national level, as per article 1.19, is pending. As this process gets underway, it is important to pay particular attention to the mandate and appointments to ensure their independence and accountability. Further, it is imperative that these Institutions and Commissions are staffed with personnel with the necessary merit and technical expertise, as well as having an appropriate gender balance. 

8. On the subject of elections, the Roadmap indicates that they are scheduled to take place in December 2024. For smooth and successful elections to take place, it is imperative that the following crucial tasks are fully implemented: 

1. a. provision of an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process; 
2. b. the making of the permanent constitution upon whose provision elections will be conducted; 
3. c. completion of the unification and redeployment of the Necessary Unified Forces (NUF); 
4. d. reconstitution of the Political Parties Council and its immediate operationalisation; 
5. e. amendment of the National Elections Act, 2012 to conform to the terms of the Peace Agreement and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections; 
6. f. implementation of programmes for relief, protection reconstruction, repatriation, resettlement, rehabilitation and reintegration of refugees, IDPs and returnees; 
7. g. Early preparations for election processes, including voter registration and thereafter publication of the voters register six months prior to elections; and 
8. h. preparation by all security forces for elections-related security tasks at least six months before the end of the Transitional Period. 

Therefore, among the numerous other important tasks that the Roadmap details, I urge particular focus on these tasks outlined above. 

9. Next, security. Since the last ordinary Plenary, as I mentioned at the outset, graduation of the forces has begun in earnest. Despite all the challenges of resources and logistics, it is commendable that around 80% of Phase 1 of the Necessary Unified Forces have graduated. The Parties to the R-ARCSS and the RTGoNU leadership are to be commended for this, and we acknowledge all those friends and partners who provided support in this process. 

10. In line with the Roadmap deadlines, it is noted that redeployment of graduated NUFs was to have taken place by 30 September 2022. However, this is still pending, and I have been informed that they have instead been returned to their training centres, and have not received any salary. Furthermore, commencement of Phase 2 of forces currently in Cantonment Sites and barracks was to have begun by 30 September 2022. I look forward to receiving an update on these matters from the Joint Defence Board. 

11. It is also important to note that there are still some key issues regarding the Transitional Security Arrangements to be completed requiring particular focus, including; 

a. Finalisation of the Strategic Defence and Security Review documents; 

b. Provision of clear and predictable funding for the DDR Commission and its programmes; and 

c. A clear plan for the management of weapons from troops going to training centres. 

12. CTSAMVM continues to monitor and report violations of the Permanent Ceasefire, despite current operational challenges. I have written to the responsible Parties about the violation reports, including for example, Sexual and Gender Based Violence in Koch and Leer Counties of Unity State, and the torture and killing of three civilians in Kiri Boma of Kajo Keji County, Central Equatoria State. These reports were submitted to RJMEC by CTSAMVM, calling for action. RJMEC wrote to the responsible Parties, but until now, despite the seriousness of these violations, no response has been received on the action taken. I would therefore like to remind the Parties of their responsibility to respond to RJMEC in accordance to the Agreement. 

13. On the Rome peace process, some SSOMA groups were to have declared their forces to CTSAMVM, and integrated their monitors into its structures. This has not happened so far, and I would like to hear more on the Rome process from the RTGoNU. 

14. Regarding humanitarian affairs, flooding continues to compound the dire humanitarian situation. According to OCHA, over 1 million people are verified as affected by torrential rains and flooding in 36 counties across South Sudan. Overall, the magnitude and severity of humanitarian needs continues to rise, due to the cumulative effects of prolonged community-based conflicts, widespread flooding, and high levels of food insecurity. Also of concern is the safety and access of humanitarian workers and their assets. This year, it is sad to note that eight humanitarian workers have lost their lives in South Sudan. 

15. According to the Roadmap, the Special Reconstruction Fund programme and a detailed action plan for the reconstruction of conflict affected states and other areas was to have been established by 30 August 2022, and provided with initial funding of not less than USD 100 million per annum. This is important as it paves the way for convening the South Sudan pledging conference. In this regard, I would like to remind you of the 11 July Communique of the African Union Peace and Security Council, which strongly encourages the RTGoNU to “expedite the establishment of the Board for Special Reconstruction Fund (BSRF), so that the AU Commission, the UN and IGAD, working in collaboration with the Government, can expeditiously organize the South Sudan Pledging Conference.” Bearing this in mind, I urge the RTGoNU to expedite the establishment of the SRF without delay. 

16. On Chapter 4 on Resource, Economic and Financial Management, some progress has been registered in the management of petroleum resources, and reforms are ongoing. Furthermore, agricultural policies and strategies and programmes are being developed. Overall, however, public financial reforms have been slow. Audits designed to enhance the transparent management of the petroleum resources (such as the cost recovery audit and environment audit) are yet to be completed. However, the audit of the Government’s Financial Statements has commenced. Furthermore, the Roadmap highlights provisions related to the management of financial resources, due to be completed by 22 November 2022. This includes the review of the banking laws, appointment of the Auditor General, and review of the Fiscal and Financial Allocation Monitoring Commission. I look forward to receiving an update from on the activities of the Public Finance Management Oversight Committee from the Hon. Minister of Finance this morning. 

Excellencies, Ladies and Gentlemen, 

17. On Chapter 5, transitional justice, public consultations to help guide the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH) are ongoing. The Ministry of Justice and Constitutional Affairs is reviewing an interim report based on the consultations thus far, and has begun drafting the CTRH bill. According to the Roadmap, however, the CTRH legislation was expected to have been promulgated by 30 October, and its activities to have commenced by the end of November. This indicates that the process is behind schedule. 

18. The Ministry of Justice is also undertaking consultations with partners on good practices that will inform the Compensation and Reparation Authority legislative framework that responds to the South Sudanese context. I urge the Ministry to complete these processes and initiate these legislations for public and Parliamentary discussion. In terms of the establishment of the Hybrid Court for South Sudan, I appeal to the RTGoNU and the African Union to expedite its establishment. 

19. Regarding the Permanent Constitution Making Process, the Constitution Making Process Bill 2022 was passed by the reconstituted Transitional National Legislature last month, and is now awaiting the President’s assent to become law. I appeal to H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, to assent to this bill to pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), and establishment of the Preparatory Sub-Committee for the convening of National Constitutional Conference. Under the Bill, the Parties and other Stakeholders to the Agreement shall nominate and submit a list of their nominees to the taskforce within 30 days after the coming into force of the Bill. 

20. The Reconstituted NCRC will then recruit the members of the Constitution Drafting Committee (CDC). I urge the Parties and stakeholders’ groups, who will be represented in the various constitution making bodies, to begin considering their nominees accordingly. 

Excellencies, Ladies and Gentlemen, 

21. Since the last Plenary, I have held a number of consultations with the leadership of the RTGoNU, including the First Vice President, and all the four Vice Presidents and Cluster Heads to discuss the status and prospects of implementation of the Roadmap. They expressed their commitment to the implementation of the Roadmap. I also consulted with H.E. Dr Workneh Gebeyehu, the Executive Secretary of IGAD, about the South Sudan peace process, and to explore additional ways in which IGAD can marshal support and enhance its visibility in the implementation of the Roadmap. 

22. Even though the implementation is still within the Agreement period, part of which is covered by the Roadmap, progress has been slow and there is need for urgency. According to our evaluation of the Roadmap, of those tasks meant to have been started or completed by November, only 50% have been implemented, or are ongoing. With that in mind, I would like to make the following recommendations to the RTGoNU: 

a. Prioritise implementation of the Roadmap tasks within the given timelines; 

b. Avail predictable, timely and adequate funding for all Roadmap tasks; 

1. c. Expedite the enactment of all outstanding bills; 
2. d. Complete phase 1 graduation and redeployment of the Necessary Unified Forces, and commence with phase 2, which is overdue; 
3. e. Fund DDR programmes as an essential component of unification of forces; and 
4. f. Fast track the establishment and operationalisation of the Commission for Truth, Reconciliation and Healing. 
5. 23. In conclusion, with the adoption of the Roadmap, it is vital to stress the need for heightened urgency. The people of South Sudan, who are the primary beneficiaries of this Peace Agreement, have waited a long time to reap the benefits of peace. It is therefore of utmost importance to implement the Roadmap in letter and spirit. I would also like to reiterate the critical role of this Commission, and our collective responsibility to monitor and evaluate the Agreement implementation. 
6. 24. It is my conviction that peaceful and democratic elections are possible at the end of the 24-month extension period, if we all change our approach and strategy. I would like to close with the following points. 
7. a. First and foremost, the RTGoNU must demonstrate the urgency, the unity of purpose, the commitment, the extra effort and political will required to implement the tasks outlined in the Roadmap as scheduled; 

1. b. Secondly, you as RJMEC members, individually and collectively, need to enhance your approaches in engaging the RTGoNU and the various Agreement institutions and mechanisms with a strong focus on facilitating progress; 
2. c. Thirdly, it is incumbent on you, RJMEC members, to enhance your oversight approach through the RJMEC Working Committees, which includes RTGoNU representatives, to identify and flag key priority tasks that require the RTGoNU’s early attention and action; and 
3. d. Finally, there is need for us to consolidate our efforts, speak with one voice, and bring all our collective pressure to bear and push for the timely implementation of the Roadmap, thereby creating the conditions for the conduct of free, fair and credible elections. 

I Thank You.