Excellencies, 

Ladies and Gentlemen,

10.32 – 16.57 – 10.50

Good morning.

1.   I welcome you to the 33rd meeting of the RJMEC and the last plenary meeting for the year 2023. At the outset, I would 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 their assumption to the Chairmanship of the East African Community. Such a prominent position places regional and international focus on the country as it prepares for its first democratic elections since independence in December 2024. Indeed, the trust and confidence of the region and international community will be enhanced by the RTGoNU faithfully implementing the Revitalised Agreement on the Resolution to the Conflict in the Republic of South Sudan (R-ARCSS) in letter and spirit.

2.   Last week, I addressed the 7th Governors’ Forum, an influential platform gathering all of South Sudan’s Governors and Chief Administrators which was convened in Juba under the theme “Fostering national cohesion: South Sudan’s path to peaceful transition to democratic governance.” At the Forum, concerns were expressed that most resolutions of the previous Forums were not sufficiently implemented. Accordingly, adherence to the R-ARCSS and the timely and full implementation of the resolutions of this 7th Forum will be of great importance given the urgent need for the completion of the unification of forces, the making of the permanent constitution and the holding of free, fair and credible elections, among other issues identified as priorities in its draft resolutions.

Excellencies, Ladies and Gentlemen, 

3.   My statement this morning will highlight RJMEC’s assessment of the status of implementation of the Revitalised Peace Agreement, identify critical pending tasks to be completed to pave the way for the conduct of elections in accordance with provisions of the Agreement, and conclude with my recommendations to the RTGoNU and Parties to the Agreement to accelerate progress.

4.   Regarding governance, at the start of last month, November 2023, the Political Parties Council (PPC), the National Elections Commission (NEC), and the National Constitutional Review Commission (NCRC) were reconstituted. Since then, the members of the PPC have been sworn in, while the other two are still pending. The centrality of these institutions in the year ahead cannot be overstated, not least in terms of registering, overseeing and regulating activities of political parties, driving forward the permanent constitution-making process, and preparing and conducting elections. Therefore, their timely operationalisation and adequate resourcing is needed to ensure their effective functioning, and will also pave the way towards the expansion and protection of civic and political space. 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.

5.   In terms of legislative reforms, the reconstituted Transitional National Legislative Assembly (TNLA) has passed the majority of legislation tabled before them. However, the National Security Service Bill, the National Audit Chamber Bill and the Public Finance Management and Accountability Bill are still pending enactment. I urge the TNLA to conclude their deliberations on these bills in a timely manner.

6.   Also pending is the restructuring and reconstitution of the Commissions and Institutions at the national level to ensure their independence and accountability, as provided for under Article 1.19 of the Peace Agreement. These include, among others, the Land Commission, the Fiscal and Financial Allocation Monitoring Commission, and the Anti-Corruption Commission. According to the Roadmap, this was to have been completed in 2022. I would like to remind the Parties to the Agreement of the mandated 35% minimum level of women’s participation in these bodies.

7.   Further, the work of the ad hoc Judicial Reform Committee (JRC), a critical mechanism established to study and recommend appropriate reforms of the judiciary, has largely stalled due to lack of funding. The completion of the JRC’s work is critical to reforming the judiciary, including the establishment of an independent Constitutional Court, review of the Judiciary Act, and the reconstitution of the Judicial Service Commission which will drive forward the judicial reforms. It will also inform the forthcoming constitution-making process. I reiterate my appeal to the RTGoNU and partners to consider supporting the JRC to complete this pending task.

8.   Next, security. In the past few weeks, regrettably, there have been several armed clashes in different parts of the country, including Leer, and Guit, Unity State, and in Warrap State and the Abyei Administrative Area. Tensions have been growing in Unity State, following the defection of Gen Simon Maguek from the SPLA-IO supposedly to the SSPDF. Last week, on 28 November, the defectors reportedly attacked SPLA-IO forces based in the area of Kaygaii, causing the loss of life, civilian displacement, and adding to the climate of fear among the local population. Meanwhile, clashes between the SSPDF and NAS continue to be reported in Central Equatoria.

9.   Military defections are clearly contrary to the Revitalised Agreement, and undermine the implementation of both the Transitional Security Arrangements and the Agreement itself. In the past, the defections of General Ochan in Upper Nile State, General Lokujo in Central Equatoria State, and General Nando in Western Equatoria State, have resulted in the killing of innocent people, civilian displacement, and loss of livelihoods. In the context of the ongoing unification of forces, military defections are evidently counterproductive. I would like to remind the Parties to discourage defections and promote the protection of civilians, as per Articles 2.1.8, and 2.1.10. I would like to hear the status of the security situation from the JDB as well as CTSAMVM. 

10.        Concerning the Transitional Security Arrangements, in November 2023, the first phase of redeployment of the military component of the 55,000 graduated Necessary Unified Forces (NUF) commenced. This is an encouraging development which will contribute to the overall peace and security of the country, and I would like to hear  from the JDB the overall plan for redeplyoment of the NUF and preparations for Phase 2.

11.        An important part of security sector transformation is the strategic security assessment, including the formulation of defence and security policies, conducted by the Strategic Defence and Security Review (SDSR) Board. The defence and security policy documents prepared by the SDSR Board urgently await validation in order to complete this critical undertaking. The completion of the SDSR’s work will greatly contribute to the transformation of the security sector in South Sudan, as per Article 2.5.3, in promoting and defending the sovereignty and dignity of its people. Unfortunately, this important process has been delayed as a result of the non-payment of the national members of the Board. I urge the RTGoNU to consider providing the necessary funding in order to facilitate the finalisation of this process.

12.        Regarding CTSAMVM, I would like to inform you that its longstanding Technical Committee (CTC) challenges are nearing resolution.  The draft CTC Terms of Reference have been reviewed at the joint technical level, and now await endorsement by the CTSAMVM Board early next week. Furthermore, the CTC members are expected to resume their work shortly after the Board meeting. 

Excellencies, Ladies and Gentlemen, 

13.        Concerning humanitarian assistance, against the backdrop of projected decreased funding by the international community, the refugee and returnee influx from Sudan has increased the number of vulnerable people in South Sudan that require assistance, which include populations affected by food insecurity, intercommunal violence and persistent flooding, children at critical risk of malnutrition, and women and girls at risk of gender-based violence. It is therefore imperative for the RGToNU to establish the Special Reconstruction Fund and Board to pave the way for the Pledging Conference, as required by the Agreement. The Fund’s focus on reconstruction and service delivery will help underpin South Sudan’s overall development.

14.        Regarding resource, economic and financial management, progress made in the passage of legislation allowing for reforms to increase transparency and accountability in the economic sector, needs to be accelerated. In particular, the passing of the Anti-Corruption Commission Act in October by the reconstituted TNLA is important, and it now needs to be finalised and operationalised. In this regard, the enactment of both the National Audit Chamber Bill and the Public Finance Management and Accountability Bill will complement the overall process of achieving the transparency and accountability required by the Revitalised Peace Agreement.

15.         Furthermore, it is important to table the National Land Policy before the reconstituted TNLA. Discussions at last week’s Governors’ Forum made clear the significance of managing land-related issues. Once implemented, the Land Policy will serve to promote long-term economic development, manage competing interests over land and land-based resources, and resolve land-related disputes. Similarly, the review and subsequent adoption of the Land Act 2009 is also important as it includes, among others, the establishment of an independent land registry at all levels of government for the issuance of title deeds.

Excellencies, Ladies and Gentlemen, 

16.        On Transitional Justice, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) have now been tabled to the reconstituted TNLA. As South Sudan approaches elections, it is necessary to pay attention to matters of truth, reconciliation and healing. The CTRH and the CRA are vital mechanisms in spearheading the promotion of forgiveness, healing, reconciliation, and sustainable peace in South Sudan. It is therefore crucial that the reconstituted TNLA expedites the enactment of these Bills, and the subsequent establishment of the mechanisms.

17.        The importance of a people-led and people-owned constitution to consolidate the peaceful and democratic aspirations of South Sudan cannot be overemphasised. In this regard, the delay in the operationalisation of the National Constitutional Review Commission, and the Preparatory Sub-Committee for the National Constitutional Conference is concerning. These two institutions will drive forward the making of the permanent constitution, which will guide the conduct of elections at the end of the Transitional Period. 

Excellencies, Ladies and Gentlemen, 

18.        This month next year, elections are scheduled to be held, and yet across all chapters of the Agreement, much more progress in implementation is required. One of the key issues holding up progress is funding to all the Agreement institutions and mechanisms. There is need for the RTGoNU to demonstrate its commitment to the elections by i) providing the funding required to hold elections; ii) providing funding for the newly reconstituted elections-related institutions; and iii) completing the unification of forces. Considering the period remaining before elections in December 2024, it is imperative that the Parties to the Agreement cooperate in a collegial manner and present a unified plan for elections, and avoid unilateral pronouncements that are contrary to the letter and spirit of the Agreement.

19.        As the oversight body mandated by this Agreement, it is important to draw the attention of all Parties, Stakeholders and the people of South Sudan to the key pending tasks for the conduct of elections as per the Agreement and the National Elections Act. These tasks include, among others;

a.   Operationalisation and facilitation of the PPC, NEC, and NCRC;

b.   Making of a permanent constitution in accordance with the Constitution Making Process Act 2022 to guide the conduct of elections;

c.    Amendment of the National Elections Act to conform to the terms of the Permanent Constitution (Article 1.20.6);  

d.   Addressing the challenges of reconstruction, repatriation, resettlement, rehabilitation, and reintegration of IDPs and returnees (Article 1.20.7);

e.    NEC to conduct elections-related activities listed at Article 1.20.8, such as establishment of subsidiary electoral management bodies at state level, the establishment of procedures for the voter registry and registration, and support to civic education and voter outreach;

f.     Publication of the voters register six months prior to the holding of elections (Article 1.20.10); and

g.    Delimitation of constituencies, in accordance with the provisions of the National Elections Act, 2023.

20.        In order to complete the tasks necessary to prepare the country for elections and accelerate progress in implementation, my recommendations to the RTGoNU are as follows:

a)   Provide the necessary funding to operationalise the elections-related reconstituted institutions;

b)   Enact the Bills currently before the reconstituted TNLA;

c)    Take concrete steps to address the insecurity in Unity State, and other areas where defections are causing loss of life and civilian displacement;

d)   communicate the plan for deployment of Phase 1 of the NUF, and proceed with Phase 2 cantonment and training of forces;

e)   establish the Special Reconstruction Fund and Board; and

f)     begin the urgent review of the Land Act.

21.        Finally, I wish you all of you a happy and restful Christmas and New Year, and I thank you for your commitment to the peace process in South Sudan this year. Your continued support, focus and unity of purpose will be crucial in 2024, a particularly consequential year for South Sudan.

22.        I wish you fruitful deliberations. 

I Thank You.