STATEMENT BY H.E. AMB MAJ. GEN. (rtd) CHARLES TAI GITUAI CBS INTERIM CHAIRPERSON, RJMEC TO THE 7TH GOVERNORS’ FORUM, 29TH NOVEMBER 2023, FREEDOM HALL JUBA, SOUTH SUDAN

Wednesday, 29 November 2023 10:51

-       Your Excellency Gen. Salva Kiir Mayardit, President of the Republic of South Sudan;

-       Your Excellency Dr Riek Machar Teny-Dhurgon, First Vice President of the Republic of South Sudan and Chair of Governance Cluster; 

-       Your Excellency, Dr James Wani Igga, Vice President of the Republic of South Sudan and Chair of Economic Cluster; 

-       Your Excellency, Gen. Taban Deng Gai, Vice President of the Republic of South Sudan and Chair of Infrastructure Cluster;

-       Your Excellency, Hussein Abdelbagi, Vice President of the Republic of South Sudan and Chair of Services Cluster;  

-       Your Excellency, Rebecca Nyandeng De Mabior, Vice President of the Republic of South Sudan and Chair of Youth and Gender Cluster; 

-       The Rt Hon. Jemma Nunu Kumba, Speaker of the Reconstituted TNLA;

-       Honourable Ministers;

-       Your Excellencies Governors, Chief Administrators of the Administrative Areas, and Deputy Governors;

-       Your Excellencies Ambassadors, 

-       Distinguished Ladies and Gentlemen,

Good morning!

1.   It is my great honour to address the 7th Governors’ Forum this morning, in my capacity as the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). At the outset, I would also like to take this opportunity to congratulate His Excellency the President, Salva Kiir Mayardit, the Revitalised Transitional Government of National Unity (RTGoNU) and the people of South Sudan, for taking the additional responsibility of chairing the seven-member State organisation of the East African Community. This responsibility further places South Sudan into regional and international focus at this critical period of her political life, as the country gears up for elections. Consequently, the approach, speed, commitment, and adherence by the RTGoNU on the implementation of the Revitalised Agreement on the Resolution to the Conflict in the Republic of South Sudan (R-ARCSS), will be very crucial and imperative, in enhancing regional and international trust and confidence of the country and its leadership of the East African Community. I would therefore like to once again emphasise the responsibility of the RTGoNU executives at national and state levels to ensure full and timely implementation of the Revitalised Agreement. 

2.   I would like to commend the Ministry of Presidential Affairs and the Office of the President, with support from the UNDP and UNMISS, for continuing to organise this influential event. The key issues that have been set for consideration by this Forum include public finance management, the role of Governors and Chief Administrators in readying South Sudan for elections, and addressing national humanitarian challenges.

3.   This Forum is taking place at a critical time, given that elections are scheduled to take place as per the Roadmap in 13 months from now. Therefore, it is entirely appropriate that the theme of this year’s Governors’ Forum is ‘Fostering National Cohesion: South Sudan’s Path to Peaceful Transition for Democratic Governance.’ It is clear that the prospect of elections is accompanied by optimism and uncertainty among the people of South Sudan, therefore the emphasis on national cohesion is welcome.

4.   The recent steps forward, in the implementation of key Peace Agreement tasks help to allay some of the uncertainty, but this needs to be accompanied by more progress. Accordingly, I believe it is important to recall last year’s theme, which was: ‘Accelerating the implementation of the Revitalized Peace Agreement in accordance with the Roadmap 2022.’ Clearly, even today, acceleration of implementation of the Revitalised Peace Agreement is still needed. This is evidenced by the fact that there is slow progress in the implementation of the Agreement since the last Governors’ Forum. 

5.   My statement this morning, as per the mandate of RJMEC, will provide a chapter-by-chapter update on the status of implementation of the Revitalised Peace Agreement. I will also highlight key pending tasks, recurring challenges, and conclude with some reflections.  

Excellencies,

6.   Regarding the status of implementation of the Revitalised Agreement, concerning governance, since the last Governors’ Forum, the reconstituted Transitional National Legislative Assembly (TNLA) has passed several amendment bills, including: the National Revenue Authority, the Anti-Corruption Commission, the Banking, and the Bank of South Sudan, which now await Presidential assent. Furthermore, the National Elections Act and the Constitution-making Process Act were enacted, both critical pieces of legislation for the conduct of elections, as per the Peace Agreement. However, the National Security Services Bill, the National Audit Chamber Bill and the Public Finance Management and Accountability Bill are awaiting enactment by the reconstituted TNLA.

7.   At the start of this month, November 2023, the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC) were reconstituted. These institutions are mandated, among others, to register, oversee and regulate activities of political parties; drive forward the permanent constitution-making process; and prepare and conduct elections respectively. The timely operationalisation and adequate resourcing of these key institutions is needed to ensure their effective functioning, and will also pave the way towards the expansion and protection of civic and political space. 

8.   The restructuring and reconstitution of the Institutions and Commissions at the national level, such as the Land Commission, the Independent Fiscal and Financial Allocation Monitoring Commission, and the Anti-Corruption Commission, among others, which were to have been completed in 2022, according to the Roadmap, are still pending. 

9.   Furthermore, the Agreement provides for judicial reforms in the Republic of South Sudan during the Transitional Period. Pursuant to this requirement, the ad hoc Judicial Reform Committee (JRC) was established to study and recommend appropriate reforms of the judiciary. Since its establishment in June 2022, the Committee made some strides towards its mandate. It held consultations in the Greater Upper Nile, Greater Bahr el Ghazal and Greater Equatoria regions, as well as in the Greater Pibor Administrative Area. Recently, its work stalled due to funding constraints for its leadership. Completion of this Committee’s work will inform the next steps in the reforms of the judiciary and is directly linked to, among others, review of the Judiciary Act, reconstitution of the Judicial Service Commission, and the establishment of an independent Constitutional Court.

10. In terms of security, the Permanent Ceasefire largely holds despite sporadic skirmishes. On 15 November 2023, the first phase of redeployment of the military component of the 55,000  graduated Necessary Unified Forces (NUF) commenced.  The Revitalized Transitional Government of National Unity (RTGoNU) is encouraged to continue and complete this process. Training and subsequent redeployment of Phase 2 of the unified forces is yet to commence, though its completion would significantly contribute to the peace and security of the country before, during and after elections. 

11. Furthermore, the Strategic Defence and Security Review Board completed the drafting of the security policy documents, which await validation. The completion of this comprehensive security assessment, including the formulation of defence and security policies, is a critical requirement which will lead to security sector transformation, thus promoting and defending the sovereignty and dignity of South Sudan and its people. Similarly, there are concerns that the Disarmament, Demobilisation and Reintegration (DDR) has not been seriously addressed or resourced. This is an important process for peace and security, as it ensures that those who are ineligible for the unification are managed and enabled to return to civilian life through DDR programmes. 

12. The Ceasefire and Transitional Security Arrangement Monitoring and Verification Mechanism (CTSAMVM), continues to work, albeit with operational challenges arising from funding and administrative issues. These challenges notwithstanding, CTSAMVM has produced nine violation reports since May 2023. The reports have not been published because the CTSAMVM Technical Committee (CTC) and the Board have not met since then. The issue of the Technical Committee is being handled by  the Principals of the Parties

13. On the other hand, intercommunal violence and activities of some holdout groups continue to be a source of insecurity in several parts of the country.  Security matters at the subnational level require collective responsibility and collaboration at all levels of government, especially at this time as the country prepares for elections.  

Excellencies,

14. The humanitarian situation remains dire, and continues to worsen due to widespread flooding, high levels of food insecurity, and the influx of those fleeing the conflict in Sudan. Meanwhile, international humanitarian support is reducing. Consequently, to meet some of these challenges, the Agreement provides for the establishment of the Special Reconstruction Fund and Board. Upon its establishment, the RTGoNU is expected to provide the Fund with USD 100 million per annum. This Fund would help address humanitarian needs in South Sudan, with priorities given to conflict affected states and areas, including the protection of IDPs, returnees and families affected by the conflict. 

15. Regarding resource, economic and financial management, overall, public financial reforms have been slow. Nevertheless, the Public Finance Management (PFM) Oversight Committee continues to ensure the implementation of a medium-term economic and financial management reform programme. For example, the reforms have resulted in improved transparency in reporting on oil and non-oil revenue, and meanwhile, the setting up of a Single Treasury Account is underway. 

16. Considering that this Governors’ Forum has expressed a focus on public finance management, it is worth highlighting some key areas that are  in need of greater attention and progress, These include:

a)   completion of the audits designed to enhance the transparent management of the petroleum resources, such as the cost recovery audit and environment audit;

b)   completion of the audit of the RTGoNU’s Financial Statements from 2011, and the banking laws to be assented to by the President;

c)    review of the independent Fiscal and Financial Allocation Monitoring Commission and the terms of increment and formulae for the sharing of natural resource wealth amongst states and communities, and devolution of powers and resources;

d)   closing any Petroleum revenue accounts other than those approved by law;

e)   finalisation of the relevant legislation and operationalisation of the National Audit Chamber and the Anti-Corruption Commission.

Excellencies,

17. On Transitional Justice, following public consultations, study tours to The Gambia and South Africa and an international conference held in Juba, the bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) were drafted, endorsed by the Council of Ministers, and now await tabling before the reconstituted TNLA. In view of this Forum’s theme on social cohesion, the timely establishment of these two bodies should be given the utmost priority. As for the Hybrid Court for South Sudan (HCSS), no progress has been made thus far towards its establishment.

18. The Permanent Constitution is a critical requirement for the conduct of elections in accordance with the Agreement. The people-led and people-owned constititution is also expected to initiate a federal and democratic system of government. In this regard, the recent appointment of members to the reconstituted National Constitutional Review Commission is a welcome development. However, much work lies ahead of the Commission in making the new constitution, including the recruitment of the Constitution Drafting Committee (CDC), the conduct of civic education, and public consultations. In addition, the establishment of the Preparatory Sub-Committee (PSC) for the convening of the National Constitutional Conference, which will deliberate and adopt the new constitution, is still pending. 

Excellencies,

19. In spite of the progress mentioned, challenges continue to slow down the implementation of the Peace Agreement. They include, among others, inadequate funding to the Agreement Institutions and Mechanisms; trust deficit among the Parties; capacity gaps; inter-communal violence; insecurity caused by military defections and activities of holdout groups; severe flooding; influx of returnees and refugees fleeing Sudan; and reduced international funding. 

20. In light of the aforestated, I would like to conclude with the following reflections on the theme of this Forum.

a)   community security and social cohesion are two vital elements of preparations for elections and South Sudan’s peaceful transition. Therefore, initiatives aimed at addressing the root causes of intercommunal violence are important.

b)   State Governments have a critical role to play in providing a conducive environment for the expansion and protection of civic and political space, the making of the permanent constitution, and the conduct of elections. 

c)    more broadly, national security would be strengthened by completing the unification of forces, and their deployment across the country to provide election-related security. In that regard, availing funding and political support to DDR programmes is essential, especially for those ineligible for the NUF.

d)    it is clear that some states have been disproportionately affected by the growing humanitarian crisis, and in this regard, RJMEC continues to call for the establishment of the Special Reconstruction Fund and Board, and the convening of the Pledging Conference. This would raise funds to help South Sudan respond to the humanitarian challenges faced.

e)   concerning natural resource management, it is important to ensure the final endorsement of the 2023 Land Policy, review the Land Act, and establish an independent land registry at all levels of government for the issuance of title deeds.

f)    the establishment and operationalisation of the Commission of Truth, Reconciliation and Healing and the Compensation and Reparation Authority will build public confidence, promote reconciliation and set in motion the process of healing and strengthening social cohesion. 

g)   a people-led and people-owned constitution is critical in pursuing the path to peaceful transition to democratic governance, and in this regard, the importance of expediting the constitution-making process cannot be overemphasised. 

h)   the centrality of social cohesion with gender perspective is key to reducing inequalities. Therefore, it is critical to ensure the participation of women in all political processes ahead; and in accordance to the Agreement-mandated minimum threshold level of 35%. Equally important is as well as giving deliberate due consideration to the Youth and People Living with Disabilities. 

Excellencies,

21. In conclusion, it is expected that this high-level Governors’ Forum will deliberate and agree on concrete practical steps to address the challenges slowing down the implementation of the Revitalised Agreement as aforementioned. It is important to underscore the need for continuous dialogue, close collaboration and collegiality at all levels of government in order to strengthen the processes and institutions of governance nationwide.

22.  In this way, the levels of social cohesion and public confidence needed to hold free, fair and credible elections can continue to be built. Thus, delivering on the promises of the Revitalised Peace Agreement to the people of South Sudan and ‘to lay the foundation for a united, peaceful and prosperous society, based on justice, equality, respect for human rights and rule of law.’

I Thank You.