STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC TO THE 33RD RJMEC MONTHLY MEETING

Although this RJMEC meeting did not reach quorum and cannot be classed as the 33rd RJMEC Plenary, it nonetheless progressed with the statements and detailed briefings by different Agreement institutions and mechanisms on the status of the implementation of the Agreement and subsequent discussions. The 33rd RJMEC Plenary is accordingly rescheduled to 7 December 2023.

THURSDAY, 9 NOVEMBER 2023

JUBA, SOUTH SUDAN

Honourable Ministers,

Excellencies,

Ladies and Gentlemen,

Good morning.

1.    I welcome you to the 33rd meeting of the RJMEC. During the last meeting, we stressed the point that the lack of progress and clarity on elections preparedness, constitution-making, and unification of forces, each of which is a critical pre-condition for smooth and successful elections, was creating uncertainty.

2.    Today we meet at a more hopeful moment in this regard with the recent appointment of members to reconstitute the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC). The reconstitution of these institutions is a welcome development and I commend the Parties to the Agreement for this milestone.

3.    My statement this morning will highlight the importance of these recent developments, identify critical pending tasks and recommend urgent actions to accelerate progress in implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

Excellencies, Ladies and Gentlemen,

4.    On the reconstitution of the aforementioned institutions, much is expected of them. I would therefore like to highlight some aspects of their critical roles regarding South Sudan’s democratic transition. In particular, the PPC is mandated to register, monitor, and regulate the activities of the political parties, the NCRC will drive forward the permanent constitution making process, and the NEC will undertake preparations for the conduct of elections. In this regard, their effective functioning will pave the way towards the widening of civic and political space, the completion of the permanent constitution, as well as the timely conduct of elections.

5.    Our preliminary analysis of the appointees to these institutions reveals that overall, the reconstituted Political Parties Council attained 50% women representation. However, women’s representation in the reconstituted National Constitutional Review Commission is 33%, and in the reconstituted National Elections Commission, it is 22%. RJMEC reiterates its appeal to the Parties to always adhere to the 35% minimum representation of women in various institutions and bodies of the R-ARCSS.

6.    Notwithstanding the percentage shortfall, these institutions urgently require effective facilitation and support to enable them to discharge their mandates. In that regard, I appeal to the Revitalised Transitional Government of National Unity (RTGoNU) to provide the necessary resources to these institutions, and the regional and international partners to consider supporting their work. It is important to note that once these bodies are operational, they are required to regularly report to the RJMEC plenary, as per article 7.8 of the Peace Agreement.

7.    Regarding legislative reforms, there has been some progress in the review and amendment of laws such as the Investment Promotion Act. The National Constitutional Amendment Committee (NCAC) will provide this meeting with details on the progress it has made since our last plenary.

8.    Regarding the status of previously completed amendment laws, it is our understanding that four draft Amendment Bills (namely, the NGO, the Public Financial Management and Accountability, the Petroleum, and the Petroleum Revenue Management bills) are still with the Council of Ministers. The National Security Services Act (Amendment) Bill, and the National Audit Chamber Act (Amendment) Bill are before the reconstituted Transitional National Legislative Assembly (TNLA). The delayed enactment of the National Security Services Act (Amendment) Bill is concerning, having been the subject of broad consultation and agreement by the Principals of the Parties in March 2023. I therefore urge that the reconstituted TNLA expedite its enactment.

9.    As was reported in the last plenary, the work of the Judicial Reform Committee (JRC) has largely stalled. We appeal to the RTGoNU and partners to support the JRC leadership to resume work and complete its important mandate including recommending appropriate judicial reforms, review of the Judiciary Act, reconstitution of the Judicial Service Commission, and establishment of a Constitutional Court.

10.    Next, security. The Permanent Ceasefire continues to hold, but recently, CTSAMVM has reported tensions in Upper Nile State, reportedly due to the movement of General Johnson Olony’s Agwelek forces towards SPLA-IO areas in Tonga, Upper Nile State. There are also tensions in Leer County, Unity State, following the defection of an SPLA-IO General Simon Maguek to the SSPDF. In Central Equatoria, clashes between the SSPDF and NAS continued to be reported. I would like to hear the status of the security situation from CTSAMVM as well as the JDB.

11.     On the Transitional Security Arrangements, there is little progress to mention, although recent reports have suggested movement of the graduated Necessary Unified Forces (NUF) from Training Centres in Panyier, Torit, and Maridi to Luri in preparation for deployment. As a result of the delay in the deployment of Phase I NUF, Phase II training has not yet commenced. It is understood that among the graduated NUF in the training centres, salaries are being paid only to the ITGoNU component of the unified forces. I would like to emphasise the importance of addressing the welfare of all unified forces who are now graduated and awaiting deployment in order to boost their morale and maintain unity of purpose.

12.    It is important to stress that without the completion of unification of forces and bringing these forces under one commander-in-chief, achieving a secure environment for the holding of elections will be a huge challenge. Furthermore, there is no justification for the further delay of this process, or the defection of forces from one party to the other, which continues to be reported. I appeal to the RTGoNU to fully fund the unification of forces and to support the efforts of the Security Mechanisms who are working to bring the process to its conclusion.

13.    On the Strategic Defence and Security Review (SDSR) process, I am aware that all the draft documents are ready for validation by the Board, and I would like to encourage the SDSR Board to expedite and finalise the SDSR process.

14.    On CTSAMVM, the Mechanism continues to discharge its mandate despite insufficient funding and challenges with its Technical Committee (CTC). The matter of the CTC has been forwarded to the Principals of the Parties to resolve. As we move towards elections, it is self-evident that the work of CTSAMVM is even more crucial, as its impartial reporting, contributed to by representatives of all the Parties, will build more trust and confidence in the ceasefire and transitional security arrangements. I reiterate my appeal to the Principals to urgently resolve this matter.

Excellencies, Ladies and Gentlemen,

15.    Progress regarding humanitarian assistance and reconstruction is important in the run up to elections, not least in terms of guaranteeing the rights of returnees and refugees and to return in safety and dignity. Further, with the increasing numbers of returnees and refugees from Sudan, the provision of humanitarian assistance at the points of return, and the securing of humanitarian access and establishing safe humanitarian corridors, is critical.  In this regard, a key task not completed is the establishment of the Special Reconstruction Fund and Board, which should have been done 14 months ago according to the Roadmap.

16.    In terms of resource, economic and financial management, while some progress has been made with regards to the passage of legislation for reforms to increase transparency and accountability in the economic sector, much more is needed. In particular, it is important to finalise and operationalise the Anti-Corruption Commission Act 2009 (Amendment) Bill 2023, passed last month by the reconstituted TNLA. Furthermore, I urge the passage of the National Audit Chamber Act (Amendment) Bill, as it complements the process of achieving the transparency and accountability aspired to in the R-ARCSS.

17.    Furthermore, the recent approval by the Council of Ministers of the National Land Policy is a step forward, which will subsequently be tabled before the reconstituted TNLA. Once implemented, the Land Policy will serve as the foundation for the establishment of sector policies to promote long-term economic development, manage competing interests over land and land-based resources, and resolve land-related disputes. Similarly, the review of the Land Act 2008 will also play a positive role towards the management of land tenure, land use and management, and also help address malpractices such as land grabbing.

Excellencies, Ladies and Gentlemen,

18.    On Transitional Justice, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) were approved by the Council of Ministers on 6 October 2023 and are awaiting submission to the reconstituted TNLA. I look forward to receiving an update from the RTGoNU on the status of these bills.

19.    In terms of the permanent constitution making process, considering the short time left and the fact that the provisions of the Permanent Constitution will determine the types of elections to be held, it is important for the members to work swiftly and dilgently. In this regard, I appeal for the timely establishment of the Preparatory Sub-Committee for the National Constitutional Conference and the recruitment of the Constitutional Drafting Committee to enable concurrent activities, including civic education and public consultations.

Excellencies, Ladies and Gentlemen,

20.    When considering the overall implementation of the Agreement, the unification of forces faces the biggest challenges, and yet, it is the most consequential for the stability and enduring peace of South Sudan. For almost four years, troops have languished in the cantonment sites and training centres with very little support, and while the upper command echelon of the NUF is unified, the mid and lower levels are not. Further, failure to complete the unification of forces can adversely impact preparations towards elections.

21.    I would like to highlight that there is a recurring problem of lack of funding of the Agreement institutions and mechanisms, which is causing them severe operational difficulties. Regarding the security mechanisms, members of the JDB, JMCC, JTSC, SDSR Board and the DDR Commission are all reporting working under difficult circumstances owing to the lack of funding for activities and allowances. If this lack of support continues, then the transitional security arrangements, especially the much-delayed unification of forces, will further slow down, making elections-related security much harder to achieve.   

22.    Furthermore, the non-payment of accumulated allowances of the national members of the NCAC is likely to jeopardise the completion of their work. The work of the JRC has largely stalled due to lack of facilitation of its leadership. In light of the criticality of tasks ahead and limited time left before elections, it is imperative to fund these Mechanisms to complete their work as scheduled. I therefore appeal to the RTGoNU and all partners and Friends of South Sudan to provide the necessary funding and resources.

Excellencies, Ladies and Gentlemen,

23.    In light of the aforementioned, I would like to make the following recommendations to the RTGoNU:

a)    adequately resource the reconstituted Political Parties Council, the reconstituted National Constitutional Review Commission, and the reconstituted National Elections Commission to effectively discharge their mandates;

b)    finalise the passage of the National Security Services Act 2014 (Amendment) Bill 2023 and the National Audit Chamber Act 2011 (Amendment) Bill 2022 currently with the reconstituted TNLA;

c)    complete the unification and redeployment of forces;

d)    establish the Special Reconstruction Fund and Board;

e)    expedite the review of the Land Act 2008, in support of South Sudan’s development agenda; and

f)    submit the CTRH and CRA Bills to the reconstituted TNLA.

24.    In conclusion, I would like to emphasise that the reconstitution of the three institutions is a positive step, and focus should now shift to operationalisation and adequate resourcing to ensure the delivery of their mandates. Further, it is imperative to complete the unification of forces as an integral part of the preparations for elections, thereby effecting a smooth democratic transition as envisaged in the Revitalised Peace Agreement.

25.    I wish you fruitful deliberations.

I Thank You.