Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   A Happy New Year to you all. I welcome you to the 34th meeting of the RJMEC and the first plenary meeting for the year 2024. This is a significant and important year for South Sudan, and for us as RJMEC, monitors of the Revitalised Peace Agreement. Much work needs to be done to create an enabling environment for the conduct of free, fair and credible elections, as per the Agreement and the Roadmap. That said, the prospects of delivering the country to a democratic dispensation should motivate all of us, the Parties in particular, to redouble efforts to achieve this historic goal smoothly.

2.   In this regard, I am encouraged with the commendable progress made since we last met in December 2023, in particular with regard to the reconstitution and operationalisation of some of the more critical institutions, namely, the National Constitutional Review Commission, the National Elections Commission, and the Political Parties Council. However, we are mindful of the delays in their establishment, and the very short time left for them to deliver their important mandate.

3.   Since we last met, I have had the opportunity to engage with some of the Principals of the Revitalised Agreement or their representatives, as well as the leadership of the newly reconstituted institutions, and some of our peace partners and special envoys. My overall assessment is that there is significant appetite for elections to be conducted in a timely manner, and in accordance with the requirements of the Revitalised Peace Agreement. What is unclear, however, is how the RTGoNU and Parties to the Agreement will be able to complete the critical pending tasks and create a conducive environment for the conduct of credible elections within the time left.

4.   I also briefed the AU Commissioner for Political Affairs, Peace, and Security, the AU Panel of the Wise, and the Facilitation Support Team from South Africa, as well as many other international and regional peace partners. In these meetings, I appealed for their unwavering support to the South Sudan peace process, and emphasised the need for the leadership of the RTGoNU to dialogue, embrace collegiality, and work together as peace partners in order to build social cohesion and the public confidence needed to hold free, fair and credible elections as scheduled for December 2024.

5.   With this in mind, my statement will update you on the recent progress registered in the implementation of the Revitalised Peace Agreement, highlight the critical pending tasks and challenges facing implementation, and conclude with my recommendations to the RTGoNU and Parties to the Agreement.

Excellencies, Ladies and Gentlemen, 

6.   Regarding governance, since the last meeting, the members of the National Elections Commission (NEC) and the National Constitutional Review Commission (NCRC) were sworn in and have begun work. I look forward to an update from these two bodies, as well as the Political Parties Council (PPC), which had been sworn in earlier.

7.   In terms of pending legislation, the TNLA is currently considering a number of bills, including that of the National Audit Chambers, the National Security Service, the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparation Authority. The Anti-Corruption Commission Act has been assented to by the President of the Republic of South Sudan, the operationalisation of which will enhance transparency and accountability across the public sector. The National Social Insurance Fund Act has also been recently assented to. In this regard, the mandate of the National Constitutional Amendment Committee (NCAC) is nearing completion, with only two laws remaining to be reviewed and drafted. The NCAC will update the meeting this morning. 

8.   The ad-hoc Judicial Reform Committee (JRC) for its part is currently concluding its stakeholder consultations, and is drafting its final report. This report is expected to contain recommendations critical for reforming the judiciary, including review of the Judiciary Act, reconstitution of the Judicial Service Commission and establishment of the Constitutional Court, among others. 

9.   Regarding security, it is very concerning to have begun the year with multiple reports of violence in different parts of the country, in particular the Abyei Administrative Area, and Unity, Warrap, Western Bahr el Ghazal, and Jonglei States. For example, over the weekend of 27-28 January 2024, it is deeply regrettable that over 50 lives were lost in intercommunal fighting in Abyei, including two peacekeepers from the United Nations Interim Security Force for Abyei. Sadly, these attacks follow a pattern of continuing violence between local communities of that area in recent weeks and months.

10.       RJMEC urges for dialogue to break the cycle of violence and underscores the need for the culture of peace to prevail. Much is at stake for the people of South Sudan as they seek to have their democratic aspirations met by holding their first elections as an independent nation.  RJMEC therefore reminds the RTGoNU of its responsibility, as per Article 1.2.2 of the R-ARCSS, to restore permanent and sustainable peace, security, and stability.

11.       Regarding the Transitional Security Arrangements, the completion of the unification of forces is a key step towards providing a conducive environment in which to hold elections. However, under Phase I, deployment of the graduated personnel is at a limited stage, though it has begun. According to CTSAMVM, around 4000 army NUF personnel have been deployed to the states of Upper Nile, Eastern Equatoria, Western Equatoria and Western Bahr El Ghazal. However, some 51,000 NUF personnel are yet to deploy, the majority of whom are from other organised forces besides the army, which also play an important role in South Sudan’s security. The status of Phase II also remains unclear.

12.       In addition, the DDR process has not started, even though soldiers were screened for that purpose during Necessary Unified Forces (NUF) Phase I training, graduation and deployment. I look forward to hearing from the Joint Defence Board and the DDR Commission on the progress in this matter, especially on gender disaggregated data relating to both the deployed unified forces and those yet to be deployed.

13.       The work of the Strategic Defence and Security Review (SDSR) Board has stalled. The documents prepared by the Board as per their mandate still require validation, and it is not clear how this process will move forward in light of the strike by the members of the Board and Secretariat. I would like the Chair of the SDSR Board to provide an update on this matter.

14.       In regard to the Sant’Egidio-mediated Rome peace process, it is important to mention that this peace process between the RTGoNU and the hold out groups will now be conducted with facilitation by Kenya. This is following the request by H.E. President Salva Kiir Mayardit to H.E. William Samoei Ruto, President of the Republic of Kenya, to facilitate the peace talks between the RTGoNU and the hold out groups. It is hoped that this new initiative will take the process forward.

15.       As you may recall in our previous meetings, we informed members that we are in the process of addressing the CTSAMVM administrative and operational matters that hindered progress in their work. It is therefore encouraging to note that following the interventions of RJMEC and IGAD, CTSAMVM’s operational challenges have now been resolved. CTSAMVM has a very important role to play this year in the lead up to elections and I urge the Parties and international community to afford it all the support it needs. I look forward to hearing a report from the CTSAMVM Chair this morning.

Excellencies, Ladies and Gentlemen,

16.       In the last two months, the humanitarian situation has continued to worsen, with approximately 120 thousand more refugees and returnees fleeing the conflict in Sudan entering the country, according to UNOCHA. This exacerbates the general humanitarian situation in South Sudan, where the scale of need is already high, service delivery is low, and the little resources available are very stretched. Furthermore, the Special Reconstruction Fund and Board, a mechanism which could provide much needed focus and direction to the humanitarian and reconstruction needs of South Sudan, has not been established. 

17.       On the subject of resource, economic and financial management, while it is encouraging that the Anti-Corruption Commission Act has been assented to, other key pieces of legislation intended to strengthen transparency and accountability in the economic and financial sectors, including amendment bills to the National Audit Chambers Act and the Public Financial Management and Accountability Act, are pending.

18.       Though in general there has been some improvement in the management of natural resources, greater accountability is required in wealth sharing and revenue allocation as South Sudan prepares for democratic elections. The proportion of the country’s natural resource wealth to be shared with the states and communities are to be reviewed in accordance with Article 4.11.5, and the final terms of the increment and formulae agreed upon, and should be determined in the permanent constitution.

Excellencies, Ladies and Gentlemen,

19.       Regarding transitional justice, there has been no progress since the previously reported situation; the Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) remain with the reconstituted TNLA. I urge the TNLA to give these bills their timely attention, as matters of truth, reconciliation and healing will play a vital role in South Sudan this year, spearheading the promotion of forgiveness and social cohesion ahead of elections. I look forward to hearing an update on the Hybrid Court for South Sudan from the African Union and the RTGoNU. 

20.       On the issue of the constitution making process, the National Constitutional Review Commission (NCRC) has commenced work. A people-led and people-owned constitution, if made in an inclusive and participatory manner, will be critical in anchoring lasting stability and good governance as the country transitions into its democratic future. RJMEC therefore urges the RTGoNU and partners to support the NCRC in order for it to conduct much-needed civic education and public consultations for the permanent constitution, which is also a critical requirement for the conduct of elections, as per the Agreement.

Excellencies, Ladies and Gentlemen,

21.       The recurring challenges facing implementation of the agreement are by now familiar, and steps to mitigate them in order to smooth the way for elections at the end of this year need to be taken. These challenges include, among others, the lack of sufficient funding, trust deficit, capacity gaps, intercommunal violence, defections, flooding, and the influx of returnees and refugees fleeing the conflict in Sudan.

22.       Meanwhile, there are a number of critical tasks, which if completed in a timely manner, will enhance political and civic space, sustain the peace and consolidate the gains made in the implementation of the Agreement so far. In particular, attention needs to be paid to:

i)             full operationalisation of the three newly reconstituted institutions, especially provision of funding to enable them to deliver their mandates;

ii)           completion of Phase I and Phase II unification of forces, and provision of funding for DDR;

iii)        addressing intercommunal violence through national and state-level dialogue and peacebuilding mechanisms;

iv)         implementation of the legal and policy frameworks which enhance transparency and accountability in economic and financial sectors; and

v)           establishment and operationalisation of the Commission for Truth, Reconciliation and Healing and the Compensation and Reparation Authority.

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

i)           encourage further dialogue, collegiality, and consensus building among the Parties, their principals, and the stakeholders;

ii)           provide clarity on the plans and preparations for the conduct of elections as scheduled;

iii)        avail the requisite resources and logistics to fully operationalise the elections-related reconstituted institutions;

iv)         operationalise all pieces of legislation enacted by the TNLA; 

v)           complete the training and deployment of the NUF to provide election-related security and security in areas of intercommunal violence;

vi)         fund and operationalise the process of making a people-led and people-owned constitution; and

vii)      ensure the participation of women in all political processes, and their representation in mechanisms in accordance with the Agreement at the minimum threshold of 35%.

24.       In conclusion, I would like to urge you, as RJMEC members, to engage frankly with the RTGoNU and Parties’ representatives, to clarify how they intend to deliver peaceful, free, fair and credible democratic elections as per the Agreement and Roadmap in the remaining time. I wish you fruitful deliberations.

I Thank You. 

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. 

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   I welcome you to the 32nd meeting of the RJMEC. On 12 September 2023, South Sudan marked exactly five years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed. The relative peace brought about by the R-ARCSS is a commendable achievement for which the people of South Sudan and the Parties to the Agreement are to be congratulated. The resulting stability has provided a more attractive enabling environment for investment, and increased infrastructural development, among others.

2.   Despite numerous challenges along the way, the Parties to the R-ARCSS have stayed the course of peace. However, a lot of work still remains to be done to complete the critical pending tasks necessary to effect South Sudan’s democratic transition. With 14 months left before elections, it is imperative for the Revitalised Transitional Government of National Unity (RTGoNU) to provide to the people of South Sudan clarity on election preparedness. 

3.   My statement this morning will provide updates on the most recent progress made in the implementation of the Revitalised Peace Agreement since our last meeting, RJMEC efforts to rally support for the South Sudan peace process, and I will conclude with recommendations.

Excellencies, Ladies, and Gentlemen,

4.   First, governance. Overall, there has been some progress related to legislative reforms. The NCAC resumed its work at the beginning of September following its second six-month extension to enable the review and amendment of six pending laws.

Since the resumption of its work, the Committee has completed drafting amendments to the NGO Act 2016 and the Relief and Rehabilitation Act 2016 and has begun work on the Investment Promotion Act 2009. The NCAC will provide further details in its report.

5.   On 18 September 2023, the reconstituted Transitional National Legislative Assembly (TNLA) passed the National Elections Act 2012 (Amendment) Bill 2023, which was then assented to by H.E. the President. The enactment of this law is an important step in realising the democratic aspirations of the people of South Sudan. RJMEC urges the Parties to expedite the reconstitution of the National Elections Commission (NEC), and the RTGoNU to resource it adequately, to enable it undertake its tasks accordingly.

6.   On 25 September 2023, the reconstituted TNLA also passed the Bank of South Sudan Act 2011, (Amendment) Bill 2023 and the Banking Act, 2011 (Amendment) Bill 2023. On 4 October 2023 the reconstituted TNLA also passed the Anti-Corruption Commission Act 2009, (Amendment) Bill 2023. The recently passed bills are now awaiting Presidential assent into law.

7.      In terms of the judicial reforms process, the ad hoc Judicial Reform Committee (JRC) has unfortunately not been able to continue its planned public consultations in the States and Administrative Areas due to funding challenges. The JRC will provide us with more update in this regard. I appeal to the RTGoNU and all partners to consider supporting the JRC to continue its work and conclude its important mandate.

8.      Regarding security, on the unification of forces, despite food and other supplies having been procured and distributed to the Training Centres, as well as the deployment of regional assessment teams by the JTSC, there is no new progress to report regarding the redeployment of Phase I Necessary Unified Forces (NUF), nor the commencement of Phase II NUF training.

9.      Furthermore, the Disarmament, Demobilisation and Reintegration (DDR) process has not progressed due to the lack of funding, and the Strategic Defence and Security Review (SDSR) Board has not yet finalised the policy documents needed to guide the transformation of the security sector. I would like to hear an update from the RTGoNU and the SDSR Board on these pending tasks.

10.  Concerning ceasefire violations, there are skirmishes allegedly between the SSPDF and armed youth in Pochalla, Pibor Administrative Area, and further reports of National Salvation Front (NAS) attacks in Central Equatoria. I therefore request an update on the security situation from the Joint Defence Board (JDB).

11.  Despite CTSAMVM’s operational and administrative challenges, as reported at the last Plenary, its Monitoring and Verification Teams and Senior Liaison Officers have been operating effectively and have produced seven violation reports since April 2023. However, these reports have not been published because the CTSAMVM Technical Committee (CTC) and the Board have not met since then. These outstanding reports include one on the Wunkur incident, concerning armed clashes between SSPDF and SPLM/A-IO along the common border between Panyikang County, Upper Nile State and Ruweng Administrative Area (RAA).

12.  In regard to resolving CTSAMVM’s operational and administrative challenges, IGAD has issued revised Terms of Reference for the CTSAMVM Chair and Board, and draft Terms of Reference for the CTC. RJMEC forwarded them to the Principals of the Parties, and the Chair of NTC, in the month of July, to effect the changes accordingly. I therefore appeal to the Principals to expedite the changes in the Terms of Reference and solve the matter of the CTC, as this would allow CTSAMVM to fully discharge its mandate of monitoring and verifying compliance of the Parties to the Permanent Ceasefire.

Excellencies, Ladies, and Gentlemen,

13.  Regarding humanitarian affairs, and securing humanitarian access and establishing safe humanitarian corridors, it is concerning to hear of the loss of life of two drivers working for UNICEF in Yei, Central Equatoria State, on 23 September 2023. This brings the total to 24 humanitarian workers who have lost their lives in the line of duty this year, according to UNOCHA. It is incumbent upon the RTGoNU to provide a safe and secure environment in which humanitarian assistance can be delivered. 

14.  In terms of guaranteeing the rights of refugees and returnees to return in safety and dignity, the increasing scale of humanitarian need, which has been deepened by the sudden influx of those fleeing the Sudan conflict, has resulted in an increasingly dire humanitarian situation in the border states. I therefore appeal to the RTGoNU and partners to provide further humanitarian assistance.    

15.  In terms of reforming the NGO Act 2016 to ensure that it complies with international best practice in regulating the activities of NGOs in South Sudan, it is welcome that the NGO Act Amendment Bill has been submitted to the Minister of Justice and Constitutional Affairs.

16.  Regarding economic, resource and financial management reforms, the RTGoNU recently presented data on oil revenue and expenditure for FY 2022/23 to the Public Financial Management Oversight Committee, which is a welcome development. Additionally, operationalisation of the Public Financial Management and Accountability Act, 2011 will make further improvements to overall transparency and accountability in the financial sector. 

17.  Further, I would like to commend the RTGoNU for organising the National Economic Conference in September that provided direction for the country towards achieving a diversified, inclusive stable and sustainable economy. 

It is therefore important that the outcome document of this conference informs the nation’s economic development strategy going forward.

Excellencies, Ladies, and Gentlemen,

18.  Regarding transitional justice, the bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) have been drafted and submitted to the Council of Ministers for approval. I look forward to hearing an update on the next stages of processing of these bills from the RTGoNU.

19.  In terms of the Permanent Constitution Making Process, the Parties and Stakeholders have all submitted the lists of their representatives to the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee of the National Constitutional Conference. This move is expected to pave the way for the reconstitution of the NCRC, which continues to be way behind schedule. I appeal to the President to expeditiously appoint the nominated NCRC members and reconstitute the Commission to commence its critical mandate.

Excellencies, Ladies, and Gentlemen,

20.       Pursuant to RJMEC’s mandate, since our last meeting, I briefed the Transitional National Legislative Assembly (TNLA) on the status of implementation of the Agreement and encouraged them to fast-track the pending bills before the House. Further, I have had several engagements within the region, and internationally. I briefed H.E. Omar Ismail Guelleh, President of the Republic of Djibouti, and Chairperson of the Assembly of IGAD Heads of State and Government, on the status of implementation of the Revitalised Agreement, and stressed the need for IGAD to remain engaged on the South Sudan peace process, especially as the Parties prepare for elections. I also briefed Hon. Mahamoud Ali Youssouf, Foreign Minister of Djibouti and Chairperson of the IGAD Council of Ministers.

21.       In addition, I briefed the visiting Deputy President of South Africa, H.E. Paul Mashatile, and I appealed to the Republic of South Africa, as the Chair of the AU C5, to rally its members to enhance their support to the peace process. At the international level, I briefed the Political and Security Council of the European Union in Brussels on the status of implementation of the Revitalised Agreement and appealed for their continued engagement in the South Sudan peace process. Similarly, I also briefed Mr. Andreas Kravik, Deputy Foreign Minister of the Kingdom of Norway in Oslo and provided an update on the status of implementation. I would like to thank EU Ambassador Timo Olkkonen and Norwegian Ambassador Linken Berryman for their commitment and effort in ensuring the success of these visits.

22.       Throughout all my engagements, it was evident that there is much goodwill to support South Sudan in the pursuit of sustainable peace and development. Therefore, expectations are that the Parties will adhere to the Agreement, increase the pace of implementation and demonstrate tangible progress in the completion of the critical pending tasks. 

23.       With this in mind, I would like to make the following recommendations to the RTGoNU and the Parties to the Agreement:

a)    expedite the reconstitution of the Political Parties Council, the National Elections Commission, and the National Constitutional Review Commission, all key institutions in the holding of free and fair elections;

b)    ensure that women’s representation in the political process attains the minimum 35% threshold, including in the Constitution-making bodies and the other institutions and commissions being reconstituted;

c)     complete the unification and redeployment of forces and provide adequate resources to the Security Mechanisms; 

d)    present the CTRH and CRA Bills before the TNLA for consideration and enactment without delay;

e)    the Parties to the Agreement to dialogue among themselves and agree on the practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections; and

f)     as elections approach, conduct civic education, fast-track the permanent constitution-making process and promote political and civic space to allow citizens to exercise their democratic rights. 

24.  In conclusion, the lack of sufficient progress and clarity on elections-preparedness, constitution-making, or unification of forces, each of which is a critical pre-condition for smooth and successful elections, is creating uncertainty. Given the achievement of having reached five years of relative peace, it is incumbent on the country’s leadership to consolidate the peace dividends to all its diverse communities through a democratic transition.

25.  I wish you fruitful deliberations. 

I Thank You!

STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON – RJMEC, TO THE 31ST RJMEC MONTHLY MEETING THURSDAY, 10 AUGUST 2023 JUBA, SOUTH SUDAN

Honourable Ministers,

Excellencies,

Ladies and Gentlemen,

Good morning.

1.    Welcome to the 31st RJMEC plenary meeting. As you may recall, in December 2021, faced with delays in the implementation of the critical pending tasks of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), RJMEC requested the Parties and the Revitalised Transitional Government of National Unity (RTGoNU) to develop and present their plan and strategy on how they will implement the critical pending tasks of the Agreement, in the remaining period of the Transition, which was supposed to have ended in March 2023.

2.    In response, on 4th August 2022, the Parties to the Agreement endorsed the Agreement on a Roadmap to a Peaceful and Democractic End of the Transitional Period of the R-ARCSS. The Roadmap, which sought to extend the timeline of the Transitional Period by twenty-four months from February 2023, outlined a number of priority tasks with timelines that the Parties to the Agreement considered critical for completion, before the conduct of peaceful and democratic elections in December 2024.

3.    Therefore, as we mark the first anniversary of the endorsement of the Roadmap by the Parties, we should take stock on what has been achieved, what is pending, and what needs to be done in the remaining time of the extended Transitional Period.

4.    In my remarks this morning, I will first take stock of the critical pending tasks which in accordance with the Roadmap should have been completed by now, then highlight some recent steps forward since our last meeting, offer my recommendations, and then invite the RTGoNU, the Parties to the Agreement, and all of us here, to discuss this, and offer remedial guidance on the way forward.

Excellencies, Ladies and Gentlemen,

5.    Firstly, under the governance chapter. As per the Roadmap, by August 2023, the following pending tasks should have been completed by now, namely:

a.    the work of the ad hoc Judicial Reform Committee with a report presented to RTGoNU; review of the Judiciary Act and reconstitution of the Judicial Service Commission;

b.    the reconstitution of the Political Parties Council as well as other Institutions and Commissions at the national level, including the National Elections Commission, the bill for which is still before the reconstituted Transitional National Legislative Assembly (TNLA); and

c.    the drafting of amendments to relevant laws by the National Constitutional Amendment Committee (NCAC), and in this regard, six laws are yet to be reviewed, some are still with the Minister of Justice and Constitutional Affairs, others are before reconstituted TNLA, and the enacted ones are yet to be operationalised.

6.    Regarding preparations for elections, in addition to the amendment of the national election law and reconstitution of the National Elections Commission,  all the other tasks, including the reconstitution of the Political Parties Council, and establishment of election management structures at the sub-national levels, are still pending.

7.    Regarding Chapter 2 on the Transitional Security Arrangements:

a.    phase one of the Necessary Unified Forces has graduated but not yet been redeployed;

b.    unification of the mid-level echelons of the command structure is not complete;

c.    phase 2 is yet to commence;

d.    the Strategic Defence and Security Review Board has yet to complete its work; and

e.    Demobilisation, Disarmament, and Reintegration (DDR) is yet to start.

8.    Under Chapter 3 on humanitarian affairs:

a.    Review and amendment of the NGO Act to conform to international standards in regulating the operating environment of NGOs is still pending; and

b.    Establishment of the Special Reconstruction Fund and Board to help humanitarian and reconstruction efforts, and subsequent convening of the pledging conference, are still pending.

9.    Under Chapter 4 on economic, financial and resource management, the following key tasks are pending, among others:

a.    key pieces of legislation that determine the conduct of managing public funds, such as the Anti-Corruption Commission, the Audit Chamber, or the National Revenue Authority;

b.    development and implementation of the policies, strategies and programmes needed to achieve inclusive growth and sustainable development through the management of natural resources;

c.    the finalisation, legislating and implementing of both the Youth and Women’s Enterprise Funds bills to enhance livelihoods; and

d.    the development of an implementation strategy to ensure that the management of land and land-based resources is sustainable.

10.    Regarding Chapter 5 on Transitional Justice and Accountability, none of the three mechanisms envisaged by the Agreement is in place.

11.    In terms of the Chapter 6 on the permanent constitution-making process, despite the enactment of the Constitution Making Process Act 2022 eight months ago, the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee (PSC), two critical institutions mandated to drive forward the constitution-making process, are yet to be reconstituted or established.


Excellencies, Ladies and Gentlemen,

12.    I will now highlight some recent steps forward since our last plenary meeting in July:

a.    In terms of constitution-making and elections preparations, RJMEC welcomes the expansion of the RTGoNU–UN Joint Taskforce to include the African Union and IGAD.

b.    Regarding CTSAMVM’s operational and administrative challenges, efforts have been made by IGAD and RJMEC to remedy the situation, and the matter now rests with the Principals.

c.    In terms of police reform initiatives, RJMEC takes note of the introduction of the Voluntary Civilian Disarmament Strategy by the Ministry of Interior. In this regard, the Disarmament of the Civil Population Bill 2023, recently approved by the Council of Ministers, once passed by the reconstituted TNLA and operationalised, will contribute significantly to the reduction of illegal arms in civilian hands.

d.    In terms of economic reforms, the recent approval of the revised Land Policy by the Economic Cluster is welcome, and its quick implementation will contribute to the reduction of conflict triggered by land-related disputes. Similarly, it is our expectation that the forthcoming economics conference will generate renewed impetus to the implementation of Chapter 4;

e.    Under transitional justice, the Ministry of Justice and Constitutional Affairs is in the final stages of completing the drafting of the CTRH and CRA Bills before submission to the RTGoNU Council of Ministers. I look forward to hearing an update on this from the RTGoNU.

Excellencies, Ladies and Gentlemen,

13.    It is evident that many milestones are still to be achieved, and yet it is barely 16 months away from elections. The questions which must be asked to the Parties and the RTGoNU include the following: is the implementation of the critical pending tasks as per the Roadmap on track, and at the appropriate pace? And will the pre-requisites for free and fair elections be implemented within timelines? And how?

14.    Given the time remaining, my recommendations to the RTGoNU regarding key elections-related tasks are as follows:

a)    expedite the reconstitution of the Political Parties Council and the National Constitutional Review Commission;

b)    expedite the enactment by the Transitional National Legislature of the National Elections Act, paving the way for the reconstitution of a credible and impartial National Elections Commission;

c)    expedite the completion of the unification of forces, and provide adequate resources to the Security Mechanisms;

d)    provide timely and sufficient resources for the implementation of all the critical pending tasks of the Revitalised Agreement;

e)    encourage the expansion of political and civic space for all South Sudanese to take part in the conversations surrounding their participation in the political process; and

f)    ensure that women’s representation in the political process attains minimum 35%, including in the Constitution-making bodies.

15.    In conclusion, it is my expectation that RJMEC members will reflect on the aforementioned assessment, and constructively engage the RTGoNU, including by identifying areas of requisite support to expedite implementation of the critical pending tasks highlighted. Finally, I appeal to the Principals of the Parties signatory to the Revitalised Agreement to consider meeting to take stock of implemention since the Roadmap was endorsed a year ago, and dialogue on how to implement the critical pending tasks in the remaining time.

I Thank You.

Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   I welcome you to the 29th meeting of the RJMEC. It is our third meeting in the 24-month extended Transitional Period, which began just over three months ago, and as such, just over one-and-a-half years until elections are due in December 2024. We meet today at a very critical moment, both in the country and within the region.

2.   Since we last met, as you all know, conflict broke out in Sudan in mid-April. This is giving much cause for concern, with loss of life, civilian displacement, and destruction of property. I would like to commend IGAD for its initiative to establish a high-level delegation to mediate the conflict, led by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, along with H.E. Dr William Samoei Ruto, President of the Republic of Kenya, and H.E. Ismail Omar Guelleh, President of the Republic of Djibouti. IGAD’s efforts complement the Jeddah initiatives, and it is hoped that this could help Sudan resolve the ongoing conflict. Furthermore, it is commendable that South Sudan readily opened its border with Sudan to allow returnees and refugees to escape the conflict. I thank the Revitalised Transitional Government of National Unity (RTGoNU) and humanitarian agencies for all their efforts to provide the much-needed support. 

3.   With that in mind, it is paramount that our collective attention remains on the very pressing issues regarding the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). To this end, it is encouraging that the RTGoNU has continued to reassure South Sudanese that it remains focused and will deliver on its commitments to implement the R-ARCSS, including holding elections as scheduled. While this is welcome, it is important that milestones are reached as per the Roadmap. 

4.   On my part, since our last meeting, I have had several engagements, here and within the region.

a.   I briefed the reconstituted Transitional National Legislative Assembly (TNLA) on the status of the implementation of the R-ARCSS, highlighted progress made and challenges impacting the process, including the slow pace of implementation and lack of funding. I pointed out the critical role of the TNLA in enacting laws to support the implementation of the Revitalized Peace Agreement and encouraged them to coordinate their efforts with the Executive to deliver on the promises of the Agreement.

b.   I also engaged a number of RTGoNU ministers and other peace stakeholders, and briefed H.E. William Samoei Ruto, President of the Republic of Kenya, on the status of the implementation of the Revitalized Peace Agreement. Furthermore, I also engaged H.E. Dr Workneh Gebeyehu, Executive Secretary of IGAD, and H.E. Dr Ismail Wais, IGAD Special Envoy for South Sudan. During these engagements, I stressed the importance of the RTGoNU adhering to the Roadmap timelines.

5.   My statement this morning will provide updates on progress made in the implementation of the Revitalised Peace Agreement since our last meeting, and I will also highlight some of the recurring challenges and conclude with recommendations.

Excellencies, Ladies, and Gentlemen,

6.   First, governance. In terms of legislative reforms, the draft National Elections Act (Amendment) Bill 2023 adopted by the RTGoNU Council of Ministers has now been forwarded to the Transitional National Legislature (TNL). The enactment of this Bill is very important at this juncture as it will pave the way for the reconstitution of the National Elections Commission (NEC), a critical institution for conducting elections. I encourage the reconstituted TNL to expedite the process for enactment of this Bill. 

7.   Further, the Minister of Justice and Constitutional Affairs has tabled before the reconstituted TNL the following revised laws, namely: 

a.           the Banking Act (Amendment) Bill;

b.           the Bank of South Sudan Act (Amendment) Bill;

c.            the National Security Services Act (Amendment) Bill;

d.           the National Mine Action Authority Act (Amendment) Bill; 

e.            the National Archives and Records Act (Amendment) Bill;

f.             the National Public Health Act (Amendment) Bill; and

g.           the Public Financial Management and Accountability Act (Amendment) Bill.

These Bills would further strengthen the legal and institutional frameworks for South Sudan, and the overall goals the R-ARCSS envisages, including lasting peace and sustainable development, and I therefore urge the TNL to expedite their consideration and enactment.

8.   Regarding the National Constitutional Amendment Committee (NCAC), its extended mandate ended on 18 May, with six critical laws pending review, namely: the NGO Act, the Investment Promotion Act, the Mining Act, Transport Act, Pension Fund Act, and the Telecommunication Act.  In March 2023, the national members of the NCAC began a boycott of their work over non-payment of their allowances. This boycott remained unresolved at the time its mandate expired. I am aware that substantial work had already been undertaken on the review of the NGO Act and the Investment Promotion Act at the time of the boycott. I request the RTGoNU to give direction on how the NCAC can resume and complete its work.

9.   In the Transitional Period, the RTGoNU is required to reconstitute the Judicial Service Commission, which will spearhead judicial reforms and the restructuring of the judiciary. In addition, the Agreement requires the RTGoNU to establish an independent, impartial, and credible constitutional court, regulated by law. These judicial reforms are to be informed by recommendations from the Judicial Reform Committee (JRC) to the RTGoNU. In this regard, I wish to hear about the progress made by the JRC in its work. 

10.  Considering that the elections are due to be held in December 2024, the operationalisation of the Political Parties Act is well behind schedule, despite it having been enacted over ten months ago. The Political Parties Council is still not yet reconstituted. This is a critical body for political parties to register in order to participate in the elections, and to entrench the electoral democratic processes in South Sudan, as well as improve the overall political and civic space for public participation in the elections.

11. The process of the restructuring and reconstitution of the various Commissions and Institutions at the national level, as required by the Agreement under Article 1.19, is behind schedule, in accordance to the Roadmap. All these national institutions play a critical role in improving, accountability, transparency, institutional independence, and efficiency in national governance. I request the RTGoNU to brief this meeting on the status of operationalisation of the Political Parties Act and the restructuring and reconstitution of the various Commissions and Institutions.

Excellencies, Ladies and Gentlemen,

12.  Next, on the Transitional Security Arrangements. The RTGoNU Council of Ministers recently approved a budget of SSP 3.6 billion for the Necessary Unified Forces. I would like to request the RTGoNU and the NTC to brief this meeting on the status of funding, and the JDB to brief on plans for redeployment of Phase I of the NUF and the commencement of Phase II.

13.  On the building of the national police, as per article 2.3.2, it is critical to note that a fair and efficient criminal justice system is a prerequisite for any society based on the rule of law. In that regard, it is encouraging that there are ongoing law enforcement reform initiatives led by the South Sudan National Police Service (SSNPS) and the Ministry of Justice and Constitutional Affairs in collaboration with the University of Juba. In April, with the support of UNPOL, specialist national Public Prosecutors conducted the first training of its kind of Judiciary Police officers and Investigators on Sexual and Gender-Based Violence (SGBV) and Conflict-Related Sexual Violence (CRSV).

14.  Regarding CTSAMVM, it is encouraging to note that its national monitors have returned to work, and that an agreement has been reached allowing its Monitoring and Verification Teams (MVTs) to use UNMISS flights and helicopters. In this regard, I reiterate my appreciation to Japan and the Kingdom of Norway for making this happen. However, the CTSAMVM leadership has informed me that its most recent Board meeting was not conducted as planned due to some administrative concerns from the senior national representatives. The matter has been referred to IGAD and RJMEC by the senior national representatives concerned.

Excellencies, Ladies, and Gentlemen,

15.  The dire humanitarian situation in South Sudan is now compounded by the influx of returnees and refugees from Sudan following the outbreak of conflict there, and the onset of rains in South Sudan. Efforts by humanitarian agencies to reach those in need continue to be hampered by reduced funding and access impediments. I would like to thank all the stakeholders that have been involved in assisting the returnees and refugees coming into South Sudan, and to commend the RTGoNU for allocating $15 million of the IMF’s Food Shock Window Facility to the World Food Programme in support of the emergency response.

16.  The African Union and IGAD recently launched the Post-Conflict Needs Assessment, with the objective of ‘enhancing the efforts of the RTGoNU towards the full implementation of the R-ARCSS.’ One of the outcomes of the Needs Assessment is to highlight opportunities for support, including modalities for the operationalisation of the Special Reconstruction Fund (SRF). It is important that the RTGoNU uses this momentum to establish this long overdue institution to avail funding at this critical time.  

17.  On resource, economic and financial management, the RTGoNU continues to take steps to further advance the effectiveness and transparency of public finances, the budgetary process, monetary and fiscal policy management, and capacity building.

18.  Additionally, the RTGoNU inaugurated the Public Procurement and Disposal of Assets Board which will serve to advance the management of the RTGoNU’s finances, and also increase the competitiveness of the private sector in the public procurement process. The full operationalisation of this Board will ensure efficient public procurement and disposal of assets in accordance with the principles of good governance.

19.  Furthermore, the Ministry of Petroleum continues to publish the daily petroleum marketing report on oil lifting and sales. In the same way, it is important that the proceeds from the sale of oil are published by RTGoNU in accordance with article 4.8.1.14.1 of the Agreement. 

Excellencies, Ladies, and Gentlemen,

20.  A conference on Transitional Justice Mechanisms took place in Juba, hosted by the Ministry of Justice and Constitutional Affairs (MoJCA) in collaboration with the High-Level Standing Committee on the Roadmap, from 15th to 18th May 2023. Some of the perspectives emerging from the conference stressed the importance of inclusivity, context specificity, victim participation, and indigenous processes. It is expected that these perspectives will inform and enrich the draft Commission for Truth, Reconciliation and Healing (CTRH) Bill and the draft Compensation and Reparation Authority (CRA) Bill. I urge the Ministry of Justice and Constitutional Affairs to fast-track completion of the two bills and present them to the reconstituted TNL for enactment. On the establishment of the Hybrid Court for South Sudan (HCSS), the African Union Commission and RTGoNU are yet to meet and discuss on the way forward.  

21.  Regarding the making of the Permanent Constitution, there is no significant progress to report in terms of the much-needed reconstitution of the National Constitutional Review Commission (NCRC) and the establishment of other critical constitution-making bodies. I request the RTGoNU to brief the meeting on this matter.

 Excellencies, Ladies, and Gentlemen,

22.  Overall, implementation of the R-ARCSS is far behind the Roadmap timelines, and there seems to be no sense of urgency. A lot of work remains to be done if the Roadmap timelines are to be adhered to as promised. In light of the aforementioned, I would like to make the following recommendations to the RTGoNU:

a.        consider settling the allowances of the NCAC national members so that discussions on the extension of its mandate to complete its work can move forward;

b.        undertake the redeployment of Phase 1 of the Necessary Unified Forces and proceed to Phase 2, and institute DDR programmes;

c.         expedite the establishment of the Special Reconstruction Fund and Board to help avail funds at this critical time;

d.        publish the proceeds from oil sales, in accordance with the Petroleum Revenue Management Act 2012, in order to improve transparency and accountability; and

e.        complete the drafting and submission of the CTRH and CRA legislation, following the successful conclusion of the Transitional Justice conference.

23.  In conclusion, the R-ARCSS remains a transformative blueprint for building a stable and resilient South Sudan, which is of great value not only to its citizens, but to the region as a whole, especially at this critical time. Therefore, it is imperative for the RTGoNU to inject additional impetus into the implementation of the Agreement to achieve the milestones it set for itself in the Roadmap. Furthermore, South Sudan needs the support of the region and international community, now more than ever.

24.  I wish you fruitful deliberations. 

I Thank You!

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.   I welcome you to our 28th meeting of the RJMEC as we enter the second of the 24-month  extended Transitional Period, as per the RTGoNU Roadmap; with elections expected to be conducted in December 2024. As the monitoring body, it is our responsibility to keep track of these timelines and to constantly remind the RTGoNU and the Parties represented here, of their mandate and urgent responsibility, to expedite the implementation of the Peace Agreement in letter and spirit.

2.   I welcome the resumption of the Transitional National Legislature this week given that a lot of work remains to be done in terms of the legislative agenda in support of the implementation of the Agreement. I also welcome the statement of H.E President Salva Kiir Mayardit at the opening, in which the urgency of implementation of the Agreement was stressed and the assurance given that there will be no further extension to the Transitional Period. I reiterate H.E the President’s call for redoubling of efforts and cooperation among the Parties to ensure completion of the Transitional Period tasks. RJMEC is hopeful that this commitment will translate into availing the necessary resources to ensure the full and timely implementation of the Agreement. 

3.   In my statement this morning I will provide an update on the recent progress in the implementation of the Revitalized Peace Agreement, highlight the recurrent challenges, and conclude with my observations and recommendations.

Excellencies, Ladies, and Gentlemen,

4.   First, governance: In terms of legislative reforms, some progress had been made by the National Constitutional Amendment Committee (NCAC) in the reviews, amendments, and drafting of the NGO Act and the Investment Promotion Act, before its national members boycotted participation due to non-payment of their allowances. This boycott by the NCAC members is a matter of very serious concern because the NCAC mandate is expected to end in May 2023. In addition to the NGO Act and Investment Promotion Act, the NCAC still has four other bills to be worked on, including the Mining, Transport, Pension Fund, and Telecommunication Acts. I have written to the RTGoNU urging payment of allowances to the national members of the NCAC.

5.   On 24th March 2023, the Council of Ministers adopted the National Security Services Amendment Bill and it now awaits tabling before the reconstituted TNL for enactment.  This is a welcome development and I appeal to the TNL to expedite consideration and enactment of this Bill and all the others currently pending. The RTGoNU should also take steps to expedite the operationalization of all the enacted laws. 

6.   It is concerning that there is a long delay in the reconstitution of the various Commissions and Institutions at the national level in accordance with the Roadmap timelines. In our last meeting, we were assured by the RTGoNU that the restructuring and reconstitution of these Commissions and Institutions would be shortly concluded. I look forward to receiving an update from the RTGoNU representative on this matter. 

7.   In terms of the preparation for elections as per the Roadmap, no progess has been made in the reconstitution of the Political Parties Council despite the law having been enacted over 8 months ago. The reconstitution of the Council is critical to paving the way for the registration of political parties.  Also, the enactment of the National Elections Act and its operationalization is way behind schedule. As a result of these delays, all the elections-related tasks including the establishment and functioning of institutions that drive the elections process, are behind schedule. In this regard, I appeal to the TNL to prioritize passage of the National Elections Bill.

8.   On 3rd March H.E the President issued decrees one relieving the two national Ministers, that of Defense and Veteran Affairs and the Interior, and the other swapping the two ministries between the I-TGoNU and SPLM/A-IO. As you are all aware the SPLM/A-IO protested the decision, following which I engaged the concerned parties and encouraged them to amicably resolve this matter in the spirit of collegiality, consultations and consensus. 

9.   In accordance with the provisions of the Agreement, I also  briefed the Heads of State of IGAD on this development and appealed to them to assist the two parties to resolve this issue. There has since been internal mediation between the parties to find a suitable compromise on this matter. On 29th March H. E President Salva Kiir Mayardit appointed General Chol Thon Balok as the new minister of Defense and Veteran Affairs. 

10.  Next, Transitional Security Arrangements: The recent progress made in the unification of the middle and lower levels of command of the Necessary Unified Forces is commendable. The Parties agreed on a responsibility sharing ratio of 60:30:10 to the SSPDF, SPLA-IO and SSOA respectively. However,  the forces which graduated during Phase I are still in training centers, and their delayed redeployment has hindered the commencement of Phase II NUF training. In this regard, I would like to hear from the JDB on plans for redeployment of Phase I and the start of  Phase II. 

11.        Regarding the status of the Security Mechanisms, not much has changed since our last meeting. The JDB, JMCC, JTSC, and SDSR Board members still lack allowances to sustain themselves, as well as financial support to execute their Transitional Security Arrangements tasks. The DDR Commission has no funding and the CTSAMVM national monitors have not resumed work due to the non-payment of their allowances by the RTGoNU. I appeal once again to the RTGoNU to fund the work of all mechanisms including the DDR Commission  and I look forward to RTGoNU  briefing this plenary on the progress, in availing funds for all the Agreement implementation mechanisms.

12.  On Police reforms, it is reported that the Joint Transitional Security Committee (JTSC) Curriculum Development guide for the Necessary Unified Police Forces, which outlines the basic operational framework of the police component to sustain  professionalism, was developed and is available to be utilized for training. 

13.  I am also encouraged that the South Sudan National Police Service (SSNPS) initiated a curriculum review process regarding Election Security to prepare the National Police to discharge its responsibilities in the upcoming elections. I would like to hear more on this from the JDB.

Excellencies, Ladies, and Gentlemen,

14.  Against the backdrop of increasing humanitarian needs, access and safety of humanitarian workers, goods, and assets remain a challenge. There have been several reported cases of attacks on humanitarian convoys, facilities, and personnel, as well as looting of humanitarian supplies, and access denial for humanitarian workers. These are matters that the RTGoNU should urgently address including by providing security along humanitarian corridors,  protecting humanitarian workers and their assets and holding perpetrators to account.

15.  On resource, economic and financial management, there has been a steady commitment to Public Financial Management (PFM) reforms as steps are being taken to publish budget execution reports, and oil revenue data. I would like to commend the RTGoNU in that regard. I wish to note that these reports need to be published in a timely manner in accordance with the Public Financial Management and Accountability Act and the Petroleum Revenue Management Act. Let me reiterate the need to legislate the amendment bills governing these PFM reforms, without which the responsible authorities will be challenged in completing the implementation of the relevant provisions of the Agreement.

16.  I note the progress registered so far in ensuring environmental protection, amid the many challenges posed by climate change in South Sudan. As required by the R-ARCSS, the Environment Protection Bill has been drafted and it proposes the creation of the Environmental Protection Agency and the National Environment Authority. In addition, the first National Adaptation Plan (NAP) and its Program for Action for climate change have been published. This is the first step toward establishing a coherent and effective process for  mainstreaming climate adaptation within the country’s development planning processes. However, achieving the objectives of the NAP will require a coordinated approach and the commitment of both state and non-state actors.

Excellencies, Ladies, and Gentlemen,

17.  In terms of transitional justice,  the Ministry of Justice and Constitutional Affairs and the Technical Committee on CTRH establishment have been undertaking a series of public consultations. However, they are yet to embark on their mission to the refugee camps in Kenya, Uganda, Ethiopia, and Sudan where they are slated to undertake public consultations with refugees. I therefore urge the RTGoNU to undertake the remaining phase of public consultations with refugees and complete the drafting of the CTRH and CRA legislations.

18.  On the establishment of the Hybrid Court for South Sudan, the  African Union Comission has formally requested  RTGoNU to meet and discuss on the way forward.  I therefore urge the RTGoNU and the African Union Commission to agree on a clear plan for the establishment of the Court.

19.  Regarding the making of the Permanent Constitution, there is  no further progress to report. It is now three months since  the  Constitution-making Process Act 2022 was assented to. Also,  the Minister of Justice and Constitutional Affairs tabled a  Memorandum to Cabinet to operationalize this Act. I appeal to the Minister of Justice and Constitutional Affairs to urgently provide guidance to the Parties and Stakeholders regarding the nominations of their representatives to the relevant constitution-making bodies, in accordance with the Act.  

Excellencies, Ladies, and Gentlemen,

20.  A lot of work remains to be done if the Roadmap timelines are to be adhered to as promised. The RTGoNU should demonstrate in action its commitment to deliver the transition in time not simply by word. This requires a solid commitment of resources to implement the Agreement. In that regard the call by the President for a National Economic Conference is a welcome initiative which should be complemented with the immediate establishment of the Special Reconstruction Fund and convening of the South Sudan pledging conference to provide the neccesary funding for implementation of the Agreement. 

21.  In light of the above, I would like to reiterate the following recommendations to the RTGoNU:

a)   continue to consult and dialogue in the spirit of collegial collaboration and consensus in order to address emerging issues during implementation of the Agreement;

b)   provide adequate and predictable funding for the implementation of the critical pending tasks of the Agreement, in particular, the Constitution Making and Electoral processes and completion of the unification of forces;

c)    operationalize all the enacted laws, establish all institutions required by the Constitution-Making Process Act 2022, and expedite the enactment of the National Elections Bill; 

d)   expedite the redeployment of the graduated forces, commence Phase 2 of the unification of forces and begin Demobilisation, Disarmament, and Reintegration (DDR); and

e)   complete the process of drafting the CTRH and CRA legislation and submit it to the reconstituted TNL for enactment and engage the AU Commission to discuss modalities for the establishment of the Hybrid Court. 

22.  Finally, faced with the current setbacks and the slow pace of implementation, it is encumbent upon us to redouble our efforts, encourage and support the RTGoNU to accelerate the pace of implementation going forward, in order to provide a much needed impetus to the peace process.I Thank You.