STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI CBS INTERIM CHAIRPERSON – RJMEC TO THE 38TH RJMEC MONTHLY MEETING, THURSDAY, 31 OCTOBER 2024 JUBA, SOUTH SUDAN

Thursday, 31 October 2024 14:23

 -Honourable Ministers, 

-  Excellencies, 

-  Ladies and Gentlemen,

Good morning!

1.     I welcome you all to the 38th plenary meeting of the RJMEC. This is the first meeting since the Parties to the Agreement agreed to extend the Transitional Period by an additional 24 months, a decision that was endorsed by the Revitalised Transitional Government of National Unity (RTGoNU) Council of Ministers, and consented to by the RJMEC.  It was then ratified by the Transitional National Legislature, and from there assented to by the President of the Republic of South Sudan, H.E. Salva Kiir Mayardit. The extended Transitional Period is therefore effective from 22 February 2025 to 22 February 2027, with elections due in December 2026. This is a tight timeline, which requires deliberate planning and a sense of urgency, in order to have all the critical pending tasks accomplished for the elections to take place as scheduled. 

2.     As you are all aware, the decision for the extension was met with mixed reactions, with many being disappointed at what felt like the continuation of an endless cycle of transitions. The slow pace of implementation and inability to adhere to timelines by the RTGoNU are major sources of concern. Consequently, due to the non-completion of the critical preparatory tasks of the Agreement required for elections, it was clear that the country was not ready for elections as previously scheduled in December 2024.

3.     Throughout implementation of the Revitalized Peace Agreement, progress has been slowed down by many recurring challenges such as insufficient political will, trust deficit, lack of sufficient, dedicated and predictable funding, and capacity gaps. Therefore, there is unprecedented need to do things differently this time around. A clear demonstration by the RTGoNU to mobilise sufficient resources to implement the Agreement would be a strong indication of political will and commitment. As the honourable representative of the RTGoNU told us at the extraordinary plenary, “the bulk of funding must be internally generated.” It is our expectation that this funding will be availed immediately.

4.     It is therefore expected that the RTGoNU and the various institutions and mechanisms of the Agreement will brief this meeting about their strategies to align and deliver their tasks within the extended Transitional Period. These should include action plans, budget, timelines, and resource mobilisation, and proactive engagement with the various other Agreement institutions and mechanisms.

Excellencies, Ladies and Gentlemen

5.     In terms of the status of implementation of the R-ARCSS, I will highlight some of the recent developments since our last meeting, and then conclude with recommendations.

6.     Firstly, governance. It is understood that the Political Parties Council (PPC), the National Elections Commission (NEC), the National Constitutional Review Commission (NCRC) and the National Bureau of Statistics (NBS) have each provided a timeline and accompanying budget to the RTGoNU covering the extended Transitional Period. It is expected that the RTGoNU will fund these institutions accordingly. In RJMEC’s view that,  enhanced cooperation between these institutions can better align their respective workplans and priorities. It is expected that they will provide more details on their work to this meeting. 

7.     With regard to judicial reforms, RJMEC welcomes the validation of the final report of the ad hoc Judicial Reform Committee (JRC) which nears completion of its mandate, as provided for under Article 1.17 of the R-ARCSS. A reformed, effective, independent, and impartial judiciary in South Sudan will be an anchor of justice, liberty and the rule of law before, during and after elections, and for the future generations. It is now incumbent upon the RTGoNU to adopt this report and to effectively and expeditiously implement the recommended reforms. As demonstrated by both the National Constitutional Amendment Committee (NCAC) and the JRC, with financial and other support, Agreement institutions and mechanisms can deliver their mandates successfully.  

8.     In terms of women’s representation in the executive and legislative appointments, RJMEC would like to emphasise the importance of the minimum 35% threshold for their representation. Further, it is important to remind the Parties that when replacements in these appointments take place, they should not reduce the overall count of women in these positions. Instead, women’s representation should be increased in executive and legislative appointments. As was underscored at the recent 4th annual national conference on Women, Peace and Security, women’s leadership and full inclusion in peacebuilding and political processes is central to achieving lasting peace and security in South Sudan. The inclusion in leadership, will be boosted by the prioritisation of the impending Bills on Anti-Gender Based Violence (GBV), Women Empowerment, the Women Enterprise Development Fund, Persons With Disability, and Family Law, among others.

9.     In regard to transitional security arrangements, The permanent ceasefire continues to hold, however,  there have been several alarming  incidents of violence in Nassir County, Upper Nile State, that have claimed several lives and displaced thousands of families. The incidents in Wondoruba and Jebel Iraqi in Central Equatoria State involved gruesome killing of approximately 26 youth, allegedly by uniformed personnel. I have been informed that a committee has been appointed to investigate the incidents in Nassir County and in Central Equatoria State. I would like to hear more from the JDB on this matter. Furthermore, I call upon CTSAMVM to expeditiously investigate these incidents. Those found responsible should be held accountable.

10.  On the Transitional Security Arrangements, no progress has been reported since the last Plenary. The challenges that have long existed still persist, including lack of funding for security mechanisms and their activities, poor logistical support to Training Centres and Cantonment Sites, and lack of funding for the DDR Commission. The DDR Commission, established as per article 1.19.1.20 of the R-ARCSS, and  being one of the most important commissions critical for the stabilisation of the country, reports that it has not been funded by the Government since its reconstitution.  There are reports that NTC has been working on a consolidated workplans for the security mechanisms. This meeting expects to hear more on this from the NTC. 

Excellencies, Ladies and Gentlemen

11.  On Humanitarian affairs, there are growing humanitarian needs in South Sudan, considering the influx of refugees and IDPs due to the conflict in Sudan and the natural calamities like floods and increased food shortages.  It  was therefore welcome news to hear that the South Sudan Action Plan on Return, Reintegration, and Recovery was recently launched by the Vice President H.E. Rebecca Nyandeng. The national policy aims at providing durable solutions for refugees, IDPs, returnees and host communities. It is expected that the policy will help answer critical questions on how IDPs and refugees will be settled and participate in the constitution-making and electoral processes.

12.  On Resource, Economic and Financial management, the regulations which govern the Public Procurement and Disposal of Assets Authority, and the Bank of South Sudan’s statutory functions have recently been developed following the passing of key legislation in 2023. In particular, efforts in strengthening the financial system through reforms to the Bank of South Sudan help to promote financial stability by regulating by law, all financial institutions. I therefore urge the Bank of South Sudan, to continue exercising its statutory functions, especially in relation to promoting price stability and monetary policy formulation, as per Article 4.2.2.2 of the R-ARCSS.

13.  The submission of the Draft National Budget for Fiscal Year 2024/2025 to the TNLA on 25 September 2024 ,is three months behind budget preparation schedule. With funding being a key part of the requirements for the extended Transitional Period, it is important that the budget aligns with peace implementation needs in a timely manner. RJMEC urges its finalisation as soon as possible.

14.  Furthermore, with the reported resumption of oil flowing through the pipeline that runs through Sudan, this should likewise provide budgetary support to peace implementation. More broadly, with the economic hardship currently being experienced in the country, RJMEC calls for the establishment of the Enterprise Development Fund, the Youth Enterprise Development Fund and the Women Enterprise Development Fund.

Excellencies, Ladies and Gentlemen,

15.  On transitional justice, it is noted that the Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and Compensation and Reparation Authority (CRA) were passed by the Transitional National Legislative Assembly in September and thereafter submitted to the Council of States for scrutiny. The Bills have now been submitted to the President for assent. Given the critical importance of these Bills in enabling the establishment of the mechanisms that will spearhead goals of truth, reconciliation, justice, reparations and healing, RJMEC urges the RTGoNU to conclude enactment of the Bills and to prioritise the establishment and operationalisation of the CTRH and CRA.

16.  In terms of the permanent constitution making process, RJMEC understands that the reconstituted National Constitutional Review Commission (NCRC) has taken steps to ensure its institutional readiness for the delivery of its mandate. In this regard, RJMEC takes note that ten members of the NCRC are awaiting formal appointments and swearing in, and appeals to the RTGoNU to expedite this process.

17.  Furthermore, the NCRC has developed its action plan with a budget and timeline, and requires funding from the RTGoNU, to commence civic education and public consultation. RJMEC further appeals to the RTGoNU to avail the requisite resources and support to the NCRC to enable it to conduct its activities in a timely manner, given that the Permanent Constitution is a critical pre-requisite for the holding of elections.

Excellencies, Ladies and Gentlemen,

18.  For its part, RJMEC has enhanced its diplomatic engagements since the last plenary, including having met various interlocutors, such as the First Vice President, the Vice Presidents, different national Ministers of the RTGoNU,  Agreement Institutions and Mechanisms, regional guarantors, AU C5, Ambassadors and international partners based in Addis Ababa, Ethiopia, and in Nairobi, Kenya.  These engagements have provided updates on the implementation of the R-ARCSS and sought to have a deliberate and aligned approach focused on enhanced support for the South Sudan peace process.

19.  Given the aforementioned, and in light of the need to do things differently in order to adhere to the agreed timelines and implementation schedule as per the extended period, I would like to offer thefollowing recommendations to the RTGoNU:

a.     Provide a strategy with a clear, coherent and overarching action plan, budget and timeline for the implementation of the priority tasks for the extended transitional period to build confidence, and aid ?resource mobilisation and support;

b.     Coordinate the Agreement Institutions and Mechanisms so that their workplans are aligned, coherent, and collaborative to ensure effective and efficient implementation;

c.      Mobilise and dedicate adequate and predictable funding to the Agreement Institutions and Mechanisms now and throughout the extended Transitional Period;

d.     Enhance the effectiveness of the Government–Tri Lateral Taskforce to help identify areas of collaboration and support to address issues related to the constitution-making and electoral processes in a timely manner;

e.      Increase women’s representation in the executive and legislative appointments up to and beyond the 35% minimum threshold given their centrality of the roles of women in achieving lasting peace and security in South Sudan;

f.       Expedite the completion of the unification of forces and their deployment, and DDR;

g.     Address questions of how South Sudanese refugees and IDPs will participate in the constitution-making and electoral processes; and

h.     Complete enactment of the CTRH and CRA bills paving way for the establishment and operationalization of these critical transitional justice mechanisms. 

20.  In conclusion, I urge the Parties to replicate the spirit of collegiality, consensus and urgency, exhibited in extending the Transitional Period, to expeditiously implement the critical pending tasks within this extended period, especially the constitution-making and electoral processes, and the unification of forces.

21.  Furthermore, it is important to observe that South Sudan has friends and partners who are willing to support the implementation of the Revitalized Peace Agreement, provided the RTGoNU leads the process by providing the bulk of the funding. Securing predictable funding and making early progress with the implementation of these outstanding tasks will therefore send a positive signal across the country that the Parties are making good on their promises and would attract timely support. I therefore appeal to the RTGoNU, to make a significant step in the implementation of the Agreement in these remaining months, before the end of the year, as a Christmas gift to the people of South Sudan.

22.  I wish you fruitful deliberations.

I Thank You!