STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI CBS INTERIM CHAIRPERSON – RJMEC TO THE 37TH RJMEC MONTHLY MEETING THURSDAY, 8 AUGUST 2024 JUBA, SOUTH SUDAN

Thursday, 08 August 2024 06:43

-      Honourable Ministers, 

-       Excellencies, 

-       Ladies and Gentlemen,

Good morning!

1.   I welcome you all to the 37th plenary meeting of the RJMEC. Since we last met, South Sudan has marked its thirteenth independence anniversary. It was encouraging that H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, in his address marking Independence Day, assured the people of South Sudan that his government will leave no stone unturned in the pursuit of tangible peace and prosperity.

2.   The work of building the Republic of South Sudan continues, with elections scheduled this December, in accordance to the Roadmap. However, as I noted in the last statement to this plenary, very little clarity exists regarding the position of the RTGoNU and the Parties over the conduct of elections, and implementation of critical elections related tasks remain outstanding. We meet today with this still being the case. 

3.   My statement will therefore focus on the status of implementation of the Revitalised Peace Agreement as per the Roadmap since our last plenary meeting, highlighting recent developments chapter by chapter, critical pending tasks, and concludes with recommendations.

Excellencies, Ladies and Gentlemen,

4.   Under governance, the RTGoNU Council of Ministers and the reconstituted Transitional National Legislature have continued to convene regularly and discharge their respective mandates. In July 2024, the reconstituted Transitional National Legislative Assembly (TNLA) passed some pieces of legislation, including the National Security Service Bill 2024, the National Bureau of Statistics Act 2018 (Amendment) Bill 2024 and the Anti-Money Laundering and Counter-Terrorist Financing Act 2012 (Amendment) Bill 2024.

5.   However, the issue of the National Security Services Bill 2024 is concerning. This Bill was passed by the TNLA with the contentious provisions, Articles 54 and 55, retaining the powers of the National Security Services to arrest without a warrant and detain suspects. It was subsequently forwarded to the President for assent, who I understand requested a legal opinion from the Ministry of Justice and Constitutional Affairs. I would like to hear an update from the RTGoNU on the status of the Bill.

6.   Regarding the inter-party dialogue, the High Level Standing Committee of the Parties Signatory to the R-ARCSS confirmed that it had submitted its review of progress on the implementation of the Roadmap to the Presidency, which is expected to pronounce itself on the way forward. I request the RTGoNU to provide an update on this matter. 

7.   In terms of preparations for the conduct of elections as scheduled, since our last meeting, I am informed that the National Elections Commission (NEC) has conducted an induction of its newly reconstituted States High Committees. However, some concerns were raised regarding the process by which the list of the members of the High Committees was derived, and a lack of adherence to the 35% minimum threshold of women’s representation.

8.   According to the R-ARCSS, the NEC was expected to complete and publish the voter register within six months prior to the holding of elections, a deadline that has already passed. I await an update from the Chair of the NEC.

9.   I would like to underscore the importance of proper preparations and funding of the Political Parties Council (PPC) and the National Elections Commission (NEC), so that they can discharge their mandates.

10.               The High-Level Mediation for South Sudan, also known as the Tumaini Initiative, has been taking place in Nairobi, Kenya. The talks were launched with the goal of mediating between the RTGoNU and the Non-Signatory Opposition Groups in order to bring them into the peace process. We await an update from the RTGoNU about the status of these talks.

11.               Regarding judicial reforms, there has been no further progress towards the finalisation and handover of the report of the ad hoc Judicial Reform Committee (JRC). Judicial reforms mandated by the R-ARCSS include: (a) the review of the Judiciary Act; (b) building the capacity of judicial personnel and infrastructure; (c) reconstitution of the Judicial Service Commission; and (d) establishment of an independent, impartial and credible Constitutional Court.

12.               With regard to the 35% minimum threshold of women’s representation in the executive and other decision-making bodies as stipulated in the Revitalised Agreement, I would like to underscore that whenever a female incumbent is to be replaced, the Parties to the Agreement are encouraged to pay due consideration to this requirement.

Excellencies, Ladies and Gentlemen,

13.               The Permanent Ceasefire continues to hold. However, sporadic episodes of intercommunal violence, such as in Unity, Jonglei, and Lakes State, continue to be concerning. Furthermore, this is compounded by some security-related incidents in Juba. In Central Equatoria State, CTSAMVM reports indicate an increase in the abduction of youth allegedly by NAS of Gen Thomas Cirillo. I would like to hear from the JDB about efforts in addressing these security issues.

14.               On the Transitional Security Arrangements, there has been little progress regarding the deployment of the remaining Phase I graduates and the commencement of Phase II Necessary Unified Forces (NUF) training. On 16 July 2024, the Inspector General of Police issued an order for the appointment into the South Sudan National Police Service of 2995 Non-Commissioned Officers, who are part of the NUF, currently stationed at the Rajaf Training Centre. However, it is not clear when the officers will be commissioned and deployed. 

15.               All the security mechanisms report lack of funding as the main obstacle to the full deployment of the graduated forces, and the commencement of Phase II training for the NUF. As troops wait in Training Centres and Cantonment Sites, they lack food, medicines, shelter and clean water. As a result, most troops have left their bases in search of food and other necessities. Also pending is the finalisation of the unification of the middle command echelon of the NUF. I request the RTGoNU and the JDB to update this plenary on the latest developments on this matter. I would also request confirmation from the JDB regarding the deployment of two additional battalions of NUF, as recently reported by CTSAMVM.

Excellencies, Ladies and Gentlemen,

16.               With regard to humanitarian affairs, the situation in the country remains challenged by food insecurity, and the influx of refugees and returnees from Sudan, which has now reached over 750,000, according to UNOCHA. The situation is expected to be exacerbated by floods which are projected to affect up to 3.3 million people country wide, 1.8 million of whom are children. However, with the Humanitarian Response Plan funded at only around 20%, there is a need for concerted effort and more funding from the RTGoNU and partners to manage the crisis.

17.               Concerning Chapter 4 on the management of economic and financial resources, in light of the global economic downturn, the work of restoring sustainable peace in South Sudan is made much harder by the negative impact on the population of increasing commodity prices, the declining South Sudan Pound, and reduced purchasing power. It is important therefore for the RTGoNU to prioritise public financial and economic management reforms as set out in Chapter 4 which address these challenges, among others.

18.               Though the laws governing the Bank of South Sudan and those of other bank and non-bank institutions have been passed, the relevant regulations for these institutions need to be developed, in accordance with Article 4.2.2.2 of the R-ARCSS, which states that the Bank of South Sudan shall “be responsible for formulating monetary policy, promoting price stability, issuing currency, regulating the financial sector, and performing other functions conferred upon it by the law.” Doing so would strengthen the financial system, thus enabling the Central Bank to perform its primary function of maintaining price stability. 

19.               Furthermore, Public Financial Management practices need to be brought in line with the resource, economic and financial management provisions of the Revitalised Peace Agreement, notably on public expenditure, borrowing and public finance management.  For example, I would urge that the payroll biometric system is finalised as a way of streamlining the payment of all government employees, as per Article 4.12.1.2 of the R-ARCSS.

20.           Similarly, strengthening and resourcing the oversight institutions, the Anti-Corruption Commission and the National Audit Chamber, as well as operationalising the Public Financial Management and Accountability Act 2024, will help South Sudan achieve sustainable development by promoting accountability and transparency.

Excellencies, Ladies and Gentlemen,

21.          Regarding transitional justice, the Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) remain with the TNLA, and they have passed their third readings. I urge the TNLA to expedite their enactment.

22.         In terms of the permanent constitution making process, there is no significant progress to report since our last plenary. As you may recall, in our last meeting we welcomed the disbursement by the RTGoNU of the SSP equivalent to US $800,000 to the reconstituted National Constitutional Review Commission (NCRC) to commence its activities. We therefore look forward to receiving an update from the Chairperson of the NCRC on progress it has made in terms of its mandate and the permanent constitution making process.

Excellencies, Ladies and Gentlemen,

23.       RJMEC has held a number of important engagements, here in Juba and within the region on the status of implementation of the R-ARCSS. I recently met H.E. Dr Riek Machar, First Vice President, as well as H.E. Hussein Abdelbagi, Vice President, on issues related to the implementation of the Revitalised Agreement. Additionally, I met the Chief Mediator of the Tumaini talks in Nairobi to discuss the peace process.

24.               Earlier this week, I briefed the TNLA as per Article 7.9 of the R-ARCSS on the second quarterly RJMEC report of 2024, the focus of which was on the status of implementation of the Revitalised Peace Agreement, including the constitution making and election processes, the continuing challenges facing implementation, and recommendations. The briefing was welcomed, and the report was committed to the Committee for Peace and Reconciliation for further consideration.

Excellencies, Ladies and Gentlemen,

25.    In view of the aforementioned, RJMEC has the following recommendations to the RTGoNU:

a.   the Principals of the Parties to urgently consider the report of the High Level Standing Committee and provide clarity on the way forward for the Peace Agreement;

b.   provide the Agreement institutions and mechanisms with the requisite resources and logistics to enable them to discharge their mandates; 

c.    complete the redeployment of the unified forces, including the unification of the mid-level command echelon, and commence Phase II training and the DDR; and

d.   expedite the passage of the National Audit Chamber Act, which was submitted to the TNLA in November 2022, to promote transparency and accountability in public service and administration. 

Excellencies, Ladies and Gentlemen,

26.               In conclusion, with barely five months left before elections as scheduled in the Roadmap, the lack of adequate elections preparedness and the lack of progress in the unification of forces is causing anxiety among the population of South Sudan, which is already under pressure from the current difficult economic situation. It is important, therefore, that the Principals of the Parties to the Agreement meet, consider the report of the High Level Standing Committee, and provide clarity on the way forward.

I wish you fruitful deliberations.

I Thank You!