STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON - RJMEC TO THE 27th RJMEC MONTHLY MEETING 

Thursday, 2 March 2023

Juba, South Sudan

 Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

10.11 – 10.27

15.49

Good morning.

1.   A warm welcome to all of you to the 27th meeting of the RJMEC. As I informed you in our last meeting in January 2023, the year 2022 closed with the South Sudan peace process high on regional and international agendas. This has continued into 2023, and in the month of February, South Sudan welcomed high level visits from the Ecumenical Peace Pilgrimage, and the African Union Peace and Security Council. 

2.   These were timely and welcome solidarity visits, indicative of the world’s desire for lasting peace in South Sudan. It is our hope that the people of South Sudan were inspired by the strong messages of peace, forgiveness, and reconciliation delivered by the Peace Pilgrimage, and that these messages and gestures of solidarity will not be in vain. It is expected that there will be renewed focus on the timely implementation of the critical pending tasks of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), dedicated funding by the Revitalised Transitional Government of National Unity (RTGoNU) going forward, unity of purpose, and a sense of urgency in order to deliver on the promises of the Roadmap towards peaceful and democratic elections in December 2024.

3.   It is commendable that the RTGoNU has just marked its third year of implementation of the Peace Agreement. However, as the 24-month extension period begins, I would like to underscore that the implementation of the Roadmap, ratified by the reconstituted Transitional National Legislature (TNL) late last year, is behind schedule. In particular, activities lagging behind include the unification and redeployment of forces, commencement of Phase 2, and the establishment of the institutions and mechanisms which will drive forward the constitution-making process and the preparations for elections.

4.   My statement this morning will therefore highlight the most recent developments in the implementation of the Revitalised Peace Agreement in accordance with the Roadmap since our last Plenary. I will focus on progress made, Roadmap deadlines missed, pending tasks, and conclude with recommendations.

Excellencies, Ladies and Gentlemen,

5.   First, governance. The National Constitutional Amendment Committee (NCAC) has continued with the reviews, amendment and drafting of legislation as provided for in its mandate. In the past month, it has handed over to the Minister of Justice and Constitutional Affairs the Bank of South Sudan Amendment Bill, 2023, and the Banking Amendment Bill, 2023. The Chair of NCAC will provide an update later this morning. 

 6.   I would like to commend the Presidency for resolving the contentious issue which delayed the passage of the National Security Service Bill, on the power of arrest and detention by the National Security Service. The spirit of this compromise is a valuable example which I hope can help guide the ongoing implementation of the Roadmap.

7.   I welcome the accession by the President of the Republic of South Sudan, H.E. Salva Kiir Mayardit, to, among others, the International Covenant on Civil and Political Rights, and the Protocol to The African Charter on Human and Peoples' Rights on the Rights of Women in Africa. The accession to these and other international and regional treaties are critical to the safeguarding of the fundamental human rights of the people of South Sudan. Their operationalisation will be important as the extension period proceeds. 

8.   On the ad hoc Judicial Reform Committee (JRC), which is established to study and recommend appropriate reforms, had its mandate extended for an additional 12 months. I hope that the Committee will now be able to complete its work in the shortest time possible. The JRC will update the meeting later this morning.  

9.   Notwithstanding the aforementioned, critical timelines have been missed in the implementation of governance tasks of the Roadmap. For example, according to the Roadmap, by now both the Political Parties Council and the National Elections Commission should have been reconstituted. These are two critical bodies required for the process of conducting credible elections. Further, the restructuring and reconstitution of the various commissions and institutions at national level should also have been completed by now. It is expected that the RTGoNU will brief the members this morning. 

10.         Next, security. No further progress has been reported with the unification of forces since the last monthly meeting. The completion of the unification of forces is a critical Roadmap task which should not be allowed to fall any further behind the timelines established by the Parties themselves. Equally important, Disarmament, Demobilisation and Reintegration (DDR) programmes to reintegrate former combatants into civilian life have not yet started. I therefore appeal to both regional and international partners to assist the RTGoNU in this effort.

11.        On the management of Cantonment Sites and preparations for Phase 2 training, it is expected that the troops will come with weapons. I would like to underscore the overall importance of the collection, registration, and storage of weapons and munitions to the Transitional Security Arrangements. I would like to hear from the relevant mechanisms on any updates regarding preparations for Phase 2, and whether there is any progress on the tasks of the Strategic Defence and Security Review (SDSR) Board. 

12.        On subnational violence, it is disappointing to hear of further incidents, such as the recent ones in Kajo Keji, Central Equatoria, and some areas close to Juba. Furthermore, violence has also been reported in Twic East County in Jonglei, as well as in Lakes State. In these cases, the loss of life and the displacement of civilians often results. As I have stressed before, it is the responsibility of the RTGoNU to restore permanent and sustainable peace, security, and stability. To that end, I welcome the announcement by the President on the resumption of the Rome peace process. I would also like to underscore the importance of reaching sustainable solutions for all incidents of subnational violence, as the RTGONU prepares for elections period.

13.        With regards to CTSAMVM, it is disappointing that its Monitoring and Verification Teams are unable to operate as per their mandate due to the non-payment of 10 months’ allowances of the National Monitors, which has led to their boycott. CTSAMVM plays an instrumental role in monitoring and reporting on compliance and violations of the permanent ceasefire and the transitional security arrangements. The reports it produces are objective, impartial and balanced, and are a collective effort by all the Parties, including the International Observers from the IGAD countries. As such, these reports build confidence and trust among the Parties to the Agreement, and the RTGoNU has a responsibility to ensure their members play their part. In addition, I am informed that the members of the other security mechanisms, the NCAC and the JRC, have also not been facilitated. I therefore appeal to the RTGoNU to immediately provide funds for the payment of CTSAMVM’s National Monitors, and the national members of all the Agreement mechanisms.  

Excellencies, Ladies and Gentlemen,

14.        On humanitarian affairs, the NGO Act 2016 is under review by the NCAC to conform to international standards and best practices. It is expected that the review of the NGO Act 2016 will help regularise and improve the operational environment for NGOs and humanitarian workers. The NCAC will provide more details.

15.        I would like to commend H.E. the President, and H.E. the First Vice President, for their recent meetings with IDPs, which draw much-needed attention to the plight of the IDPs. Both leaders emphasised the need for forgiveness, reconciliation and promoting the spirit of unity. These are key messages for two leaders to take around the country as the RTGoNU prepares for elections. It is encouraging to note that there are plans to provide security and basic services at the IDPs points of return as these are critical to the reintegration and the rebuilding of IDPs and returnees’ livelihoods. This undertaking lends urgency to the setting up of the much-delayed Special Reconstruction Fund and Board, which will pave the way for the pledging conference.

16.        On resource, economic and financial management, despite some progress registered in Public Finance Management (PFM) reforms, the amendment bills which should govern these reforms, submitted by the NCAC to the RTGoNU beginning in June 2022, have not yet been enacted into law. These bills include the Anti-Corruption Commission Bill, the National Audit Chamber Bill, the Public Financial Management and Accountability Bill, and the Petroleum Revenue Management Bill. It is important that these bills should be enacted and operationalised to underpin the PFM reform process outlined in the Roadmap. 

17.        In the management of natural resources, progress has been registered in policies and programmes related to petroleum, agriculture, wildlife and tourism and environmental protection. However, I would like to urge the RTGoNU to finalise the review, legislation and implementation of the Land Policy and the Land Act 2008, as this would address land administration challenges, including the resettlement of the IDPs and refugees.

Excellencies, Ladies and Gentlemen,

18.        In terms of transitional justice, I am informed that the Ministry of Justice and Constitutional Affairs has drafted bills on the Commission for Truth, Reconciliation and Healing (CTRH), and Compensation and Reparation Authority (CPA), and will conduct a stakeholder consultation on these two bills at the end of March 2023. With the February visit of the African Union Peace and Security Council, I hope that some progress will be made regarding the establishment of the Hybrid Court of South Sudan (HCSS), which is the responsibility of the African Union Commission and the RTGoNU.

19.        Regarding the making of the Permanent Constitution, the Constitution-making Process Act 2022 is yet to be operationalised. Several timelines have already been missed as per the Act. By now, the Parties and Stakeholders should have submitted their lists of nominees to the Minister of Justice and Constitutional Affairs to reconstitute the National Constitutional Review Commission (NCRC) and establish the Preparatory Sub-Committee (PSC). In addition, the recruitment of members to the Constitutional Drafting Committee (CDC) should be ongoing. These delays seriously undermine the progress of the entire constitution-making process, and consequently, the elections. 

 Excellencies, Ladies and Gentlemen,

20.        In RJMEC’s assessment, the RTGoNU is already way behind its own schedule set out in the Roadmap, and a lot of work remains to be done. There is urgent need for all of us, starting with the RTGoNU, to take concrete and deliberate steps to expedite implementation of the critical pending tasks as per the Roadmap. As RJMEC members, we should reconsider our current approaches and avail the requisite support to the implementation of the Peace Agreement with a focus on accelerating progress.

21.        Therefore, I would like to make the following recommendations to the RTGoNU:

a)   Provide adequate funding of the Roadmap tasks in a clear and predictable manner;

b)   Operationalise all the enacted laws, particularly those related to the permanent constitution and elections processes, to expedite the reconstitution of the Political Parties Council and the establishment of the bodies required by the Constitution-Making Process Act 2022, and expedite the enactment of the National Elections Bill; 

c)    Expedite the redeployment of the graduated forces, the harmonisation of ranks of the mid and lower-level commanders, the commencement of Phase 2 of unification of forces, the collection and management of weapons and munitions, and Demobilisation, Disarmament, and Reintegration (DDR);

d)   Facilitate the National Members of CTSAMVM to return to work, and pay allowances of all national members in the Agreement mechanisms;

e)   Facilitate the resettlement, reintegration and the rebuilding of livelihoods of returnees and IDPs;

f)     Enact and operationalise all PFM-related bills to facilitate the reforms and to improve transparency and accountability; and

g)   Complete the process of drafting the CTRH and CRA legislation and submit to the reconstituted TNL for enactment. 

 22.        In conclusion, the renewed commitment of the RTGoNU to implement the Roadmap in letter and spirit, as expressed at its press conference of 21st February, marking the start of the 24-month extension of the Transitional Period, is encouraging. Given the time pressures in the Roadmap, I call upon the RTGoNU to demonstrate its ownership of the process and its commitment by availing the requisite resources to the implementing mechanisms and institutions. I also appeal to all partners and friends of South Sudan to support the RTGoNU’s efforts to facilitate progress.

I Thank You.