Honourable Members,
Ladies and Gentlemen,
Good afternoon!
1. As Interim Chairperson of RJMEC, it is my responsibility to communicate the outcome of today’s Extraordinary plenary.
2. You, the RJMEC members, have deliberated and pronounced yourselves on the Agreement on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan.’
3. Two questions were asked. The first:
“Do you as RJMEC members wish to make a decision on the extension of the Transitional Period today, or after three (03) months to give the RTGoNU time for consultations with the citizens before any extension?
35 voted in favour of making the decision today, while 3 voted in favour of extending by three months. 4 members did not vote.
On the second question:
“Do you as RJMEC Members Consent or Not Consent to the extension of the Transitional Period, effective 23rd February 2023 to 22nd February 2025?”
4. The result was as follows: 37 out of 42 members present today voted in favour, 4 did not vote while one was absent.
5. Article 8.4 of the R-ARCSS requires that at least two-thirds of the voting members consent to an amendment. Therefore, according to the procedures set out in the Revitalised Agreement, the motion is CARRIED.
6. The proposed amendment to Article 1.1.2, which extends the Transitional Period and term of RTGoNU until 22nd February 2025, now requires ratification by the Reconstituted Transitional National Legislature, according to the constitutional amendment procedures set out in the Transitional Constitution of the Republic of South Sudan - TCRSS, 2011 (as amended).
7. As a next step, I will be submitting our decision and the accompanying resolution to the RTGoNU to consider RJMEC’s position and recommendation in this regard. Amongst the key observations made are as follows:
- The new spirit of cooperation exhibited by the Parties in the agreement on the Roadmap, ending of SPLM/A-IO boycott of the Reconstituted TNLA, graduation of the first batch of the Necessary Unified Forces, as well as recent breakthroughs achieved in the meetings of the Presidency is welcomed.
8. I would like to encourage the Parties to continuously dialogue, work together to enhance the rebuilding of trust and confidence in the peace process, by taking concrete steps to address all the key impediments to progress in the implementation of the Agreement.
9. We identified a number of tasks in the Roadmap, whose deadlines have already passed, and in this regard I wish to urge the RTGoNU to review and update the timelines in the Implementation Matrix contained in the Annex of the Roadmap for tasks whose timelines have already passed prior to its submission to the reconstituted TNLA.
10. About the concerns expressed over the limited nature of the consultations conducted prior to the development of the Roadmap, I urge the RTGoNU Parties to implement the Roadmap in an inclusive manner, including by continuously consulting with all relevant stakeholders, and civil society actors, during its implementation.
11. Finally, I urge the RTGoNU to demonstrate full and unwavering political will and commitment to implement all the priority tasks set out in the Roadmap, in accordance with the letter and spirit of the Revitalised Peace Agreement and to implement additional interim measures, including an economic recovery plan to improve the current business environment.
I Thank You.
STATEMENT BY H.E. AMB. MAJ GEN (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 2ND EXTRAORDINARY RJMEC MEETING, THURSDAY, 1ST SEPTEMBER 2022, JUBA, SOUTH SUDAN
Honourable Members,
Ladies and Gentlemen,
Good morning!
1. I welcome you all to the 2nd Extraordinary meeting of the RJMEC. As you may recall, the 1stExtraordinary meeting of RJMEC was held about three and a half years ago, on 19th February 2019, during which the National Pre-Transitional Committee (NPTC) presented its detailed budget, roadmap, financing needs and status of the implementation of the Pre-Transitional activities, as well as financial and other challenges impeding implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
2. Pursuant to Article 7.12 of the R-ARCSS, RJMEC is mandated to hold regular meetings, and to convene Extraordinary meetings as may be required. Accordingly, and as per rule 3.2 of the Rules of Procedure of RJMEC, I have convened today’s Extraordinary meeting for members to deliberate and pronounce themselves on the Agreement on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan.’ Hereafter, the ‘Roadmap’.
3. At this point, I would like to congratulate the Parties to the R-ARCSS and the RTGoNU leadership upon the significant milestone achieved two days ago with the graduation of the first batch of the National Unified Forces. As I said in my remarks at the ceremony, the graduation of the almost 22,000 unified forces was a remarkable achievement. There is now an urgent need to build on the momentum generated by completing graduation of Phase I in Greater Bahr el Ghazal and Greater Upper Nile, and proceed with Phase II of the unification of forces.
Honorable Members, Ladies and Gentlemen,
4. In the 9 December 2021 RJMEC Plenary meeting, the RJMEC members through Resolution 2 acknowledged the growing concerns over the slow pace of implementation of the R-ARCSS, and recommended to the RTGoNU “to develop a clear roadmap and timeline for the implementation of the critical pending tasks in the remaining period of the Transitional Period.” The need for a roadmap and strategy was further endorsed in the 10 February 2022 RJMEC Plenary meeting, and Resolution number 6 records that the RTGoNU committed to develop and present a clear roadmap towards elections at the end of the Transitional Period in due course. In particular, tasks lagging behind included the unification of forces, the making of the permanent constitution and enactment of crucial bills to facilitate implementation of other provisions of the R-ARCSS which are prerequisites for the conduct of peaceful, credible and democratic elections at the end of the Transitional Period.
5. In response to the RJMEC’s request, the RTGoNU developed a roadmap, which was endorsed by its Council of Ministers on 5 August 2022. It was then submitted to RJMEC on 10 August 2022, along with the Council’s Resolutions, both of which have been shared with you all.
6. The Roadmap seeks to extend the Transitional Period and term of office of the RTGoNU for twenty-four months, which requires the amendment of Article 1.1.2 of the R-ARCSS. As you are aware, Article 8.4 of the R-ARCSS provides for the procedure for any amendment of the Revitalised Agreement. Specifically, it states that provisions of the R-ARCSS may be amended by the Parties with at least two-thirds of the members of the Council of Ministers of the RTGoNU, and at least two-thirds of the voting members of RJMEC consenting to the amendments, followed by ratification by the reconstituted TNLA in accordance with the procedure for Constitutional amendment under the TCRSS 2011 (as amended).
Honorable Members, Ladies and Gentlemen,
7. In my opinion as Chair of RJMEC, the criteria against which the Roadmap can be evaluated should include whether:
a) it contains the critical tasks that the RTGoNU will implement to secure lasting peace in South Sudan and for the conduct of a peaceful and democratic end of the extended Transitional Period;
b) it is consistent with the R-ARCSS, which remains the supreme document; and
c) the timelines are realistic and clearly benchmarked for the implementation of the critical pending tasks of the Agreement.
8. These criteria, and any other issues members may raise, should be the focus of our deliberations today.
Honorable Members, Ladies and Gentlemen,
9. In conclusion, following RJMEC’s request, and having received the Roadmap from the RTGoNU, I invite all members to deliberate and pronounce themselves on the Roadmap, including the requirement for amending article 1.1.2 which would extend the Transitional Period for twenty-four months.
10. I wish you fruitful deliberations.
I Thank You.
Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning!
1. I welcome you all to the 23rd meeting of the RJMEC. At the outset, I would like to congratulate the Government and the People of the Republic of South Sudan, upon commemorating the 11th independence anniversary on 9th July 2022.
2. I also commend Pope Francis for sending his emissary, Cardinal Pietro Parolin, Vatican Secretary of State, with a message of prayers and continuing hope for the realization of enduring peace, healing and reconciliation in the Republic of South Sudan.
3. These two events should make us reflect deeply on how far we have come and how far we have to go collectively to achieve South Sudanese aspirations of an independent, peaceful, prosperous and democratic state.
4. This month also marks seven months to the end of the Transitional Period of the Revitalized Peace Agreement, and this is a critical moment in its implementation.
5. By now, you should have all received our comprehensive evaluation report on the status of implementation of the Revitalized Peace Agreement from the beginning of the Transition Period to the end of June 2022. We also recently published our latest Quarterly report for the period March to June 2022.
6. As you may have read in the matrices attached to the Evaluation report, by now, all critical tasks, including the constitution-making process should have been completed and preparation for the conduct of elections should have been in high gear. However, this is not the case. Critical tasks, including some pre-transitional tasks, like the unification of forces, are still pending.
7. It is precisely because of the aforementioned reasons, that RJMEC had as early as December 2021 urged the RTGoNU to develop a clear roadmap with a strategy to implement the critical pending tasks of the Agreement. Then in our 21st Plenary held on 10 February 2022, I presented a chapter-by-chapter status of implementation report in which I again stressed the need for a clear strategy going forward. At that meeting, the RTGoNU representative expressed the commitment of the government, to develop a roadmap towards elections at the end of the Transitional Period.
8. Therefore, the news that a draft Roadmap was presented to the President on Friday 15thJuly 2022 is a welcome development. I understand that this draft will be discussed by the Presidency before being tabled to the Parties for consideration. Once adopted by the RTGoNU it will be presented to RJMEC. The RTGoNU representative will brief us more on the roadmap.
Excellencies, Ladies and Gentlemen,
9. I will now focus my statement on the developments in the implementation of the Revitalized Peace Agreement since our last plenary, highlight some of the challenges, the ongoing RJMEC efforts, and will conclude with recommendations.
10. Under Chapter 1, some progress was made towards Judicial and Legal reforms. On 20thMay 2022, IGAD officially submitted the list of nominees and appointees to the ad hocJudicial Reform Committee (JRC), a body mandated to study and recommend appropriate judicial reforms to the RTGoNU.
11. Then, on 18th June 2022, Justice James Ogoola (Uganda) and Lady Justice Joyce Alouch (Kenya), the appointed Chairperson and Deputy Chairperson of the JRC respectively reported to Juba and commenced the Committee’s preparatory work. To that end, the JRC leadership paid courtesy calls on senior government officials and held a joint introductory meeting with the national members of the Committee. The JRC is expected to commence its work in mid-August for a duration of six months.
12. The National Constitutional Amendment Committee (NCAC) has reviewed and submitted the Public Financial Management and Accountability Act 2011 (Amendment) Bill 2022 to the Minister of Justice and Constitutional Affairs, and has made progress in the review of other bills. I commend the NCAC for its dedication to deliver on its mandate. The NCAC will provide us with a further update on the status of its work.
13. The Transitional National Legislative Assembly has passed the Wildlife Services Amendment Bill 2022 and the Constitution Making Process Bill 2022. I welcome this development. With regard to the reservations raised by some parties on the TNLA handling of the Political Parties Amendment Bill, I welcome the decision by H.E Salva Kiir Mayardit to discuss the matter with the Presidency, and I appeal to all Parties to always strive to achieve consensus fully aware that, where this is not possible, the R-ARCSS provides for decision making by a two-thirds majority.
14. On the Permanent Ceasefire and Transitional Security Arrangements, there has been a reduction in clashes between SSPDF allied elements and the SPLA-IO since the unification of Command. Despite the April agreement on a unified command structure, progress towards the graduation of the unified forces has stalled. Nonetheless, I am encouraged by the recent statement of H.E. the President, that the Presidency will soon meet and set a date for the graduation of the unified forces. With regard to the DDR process, I am informed that the Commission’s budget for repatriation of an estimated 2,000 ex-combatants, currently in training centres has been approved by the National Transition Committee, and I urge the Ministry of Finance to fast-track disbursement of these funds.
15. Recently, I wrote to the President as well as the Chairman of the JDB regarding the serious violations to the transitional security arrangements in Unity and Upper Nile states, as reported by CTSAMVM. I specifically requested that the perpetrators of these atrocities be held to account.
16. I would like to commend the SSPDF leadership for the recently concluded Court Martial in Yei, Central Equatoria State that resulted in the trial and conviction of several soldiers for crimes committed against civilians such as murder, rape and looting, among others. It is important that all perpetrators of violence are held accountable.
17. Regarding the Sant ’Egidio-led mediation, some progress has been made. CTSAMVM recently completed an induction training in Rome, Italy, of national monitors representing the South Sudan Opposition Movement Alliance (SSOMA) of Gen. Paul Malong and Pagan Amum. They are now expected to be integrated within the CTSAMVM Monitoring and Verification Teams by mid-August. I would like to encourage the other group of SSOMA allied to the National Salvation Front (NAS) of Gen. Thomas Cirillo to join the dialogue in good faith towards finding a lasting solution.
18. On the humanitarian chapter, we welcome the opening of humanitarian corridors between Twic County, Warrap State and the Abyei Administrative Area. In addition, there has been the restoration of river transport between Sudan’s White Nile State and Upper Nile State.
19. However, bureaucratic impediments and funding cuts are affecting the delivery of critical lifesaving services such as emergency food, nutrition and health service provision. The imposition of taxes on humanitarian goods is also affecting the delivery of these services. I urge the RTGoNU to take steps to address the above concerns, including the availing of more resources to address the humanitarian situation.
20. On the economic affairs chapter, we welcome the launching of the revised National Development strategy, which has been aligned with the Revitalised Agreement. The importance of this strategy among others, is to establish and strengthen institutions for transparent, accountable and inclusive governance; foster macroeconomic stability and build foundations for diversification of the economy. It is my hope that this will help address the peace, development and humanitarian nexus.
21. Further, I urge the RTGoNU to move forward with the legislation and provision of funding for the enterprise development funds, which will serve to provide the necessary boost to help establish women and youth businesses; thus, serving to empower a key segment of the South Sudanese population.
22. Under Chapter 5, the Technical Committee established to spearhead public consultations on the establishment of the Commission for Truth, Reconciliation and Healing (CTRH), undertook public consultations in most parts of the country, with the exception of inaccessible areas where conflict is ongoing, such as Nimule. Their compiled report will assist the Ministry of Justice and Constitutional Affairs to draft the CTRH legislation.
23. It is concerning that there has been no progress towards the establishment of the other two transitional justice mechanisms i.e., the Hybrid Court for South Sudan and the Compensation and Reparations Authority. I therefore appeal to the RTGoNU to consider taking steps towards the establishment of these two critical Transitional Justice institutions.
24. Under Chapter 6 on the making of the permanent constitution, there has been commendable progress with the recent passing of the Constitution Making Process Bill 2022, which now awaits assent by the President to become law. Once enacted, the important process of constitution-making will begin in earnest, with the reconstitution of the National Constitution Review Commission, establishment of the Constitution Drafting Committee, and the Preparatory Sub-Committee for the convening of the National Constitutional Conference. I urge the parties and designated stakeholder groups to initiate the process of identifying their nominees to these various mechanisms to ensure their timely establishment.
Excellencies, Ladies and Gentlemen,
25. As you may already be aware, the US Government recently suspended its financial support to RJMEC and CTSAMVM, a move which will impact our operational capacity. We thank and appreciate the US government for its invaluable support to RJMEC and CTSAMVM over the years, and we will continue to engage with the US Government to reconsider its decision.
26. Pursuant to our mandate as RJMEC, I undertook a series of regional and diplomatic engagements to brief the region and international community on the status of the implementation of the Revitalized Peace Agreement and to solicit their support to the peace process. I attended the 37th Assembly of IGAD Heads of State and Government held in Nairobi, which discussed regional issues, including the peace process in South Sudan. I also briefed the AU Peace and Security Council; and separately met with the AU Commissioner for Political Affairs, Peace and Security, over the AU support to the peace process in South Sudan.
27. On 12th July 2022, I briefed a group of 13 Diplomats accredited to the Republic of South Sudan based in Addis Ababa on the ongoing peace process, and the mandates of RJMEC and CTSAMVM, including their centrality in the monitoring and oversight of the R-ARCSS.
28. Following these engagements, I can assure you, that the peace process in this country is on the minds and agenda of the regional and international community. They all appreciate the important contribution of RJMEC and CTSAMVM, and the need for the RTGoNU to come up with a roadmap that will ensure implementation of the remaining tasks; in order to facilitate peaceful, free, fair and credible elections at the end of the transition period.
29. In conclusion, I would like to make the following recommendations:
a. urge the RTGoNU to fast-track the process for the consideration and adoption of the agreed final roadmap.
b. urge the RTGoNU to urgently set the date for the graduation and redeployment of the unified forces and the commencement of phase 2 and the DDR process.
c. urge the RTGoNU to seriously address the increasing incidences of community-based violence across the country.
d. urge the RTGoNU to urgently institute mechanisms for fast-tracking procedures for the import and customs clearance of relief materials and visa renewal processes for humanitarian workers to improve access to those in dire need.
e. appeal to all partners and friends of South Sudan to continue supporting RJMEC and CTSAMVM and the full implementation of the R-ARCSS; and
f. appeal to RTGoNU to allocate adequate funding for the implementation of the Agreement including to the nationals within the mechanisms, service delivery, livelihoods and constitution-making process in the 2022/23 budget.
30. In conclusion, at this critical phase of the implementation of the peace agreement, I appeal to all of you as members of RJMEC to be cognizant of our collective mandate, as monitors and evaluators. Let us seize this unique opportunity and proactively engage with the RTGoNU, propose remedial measures to overcome the challenges to the peace process, and facilitate progress.
I wish you fruitful deliberations. I thank you.
Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. I welcome you all to the 23rd RJMEC meeting. This month is roughly eight months away from the end of the Transitional Period. Under article 7.6 of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), it is our mandate to monitor and oversee the implementation of the R-ARCSS, the mandate and tasks of the Revitalised Transitional Government of National Unity (RTGoNU), including the adherence of the Parties to the agreed timelines and the implementation schedule. It is therefore critical that, at this point in time, we focus our attention to the pending tasks in the Revitalized Peace Agreement and recommend appropriate corrective actions.
2. At the outset, I welcome the National Constitutional Amendment Committee (NCAC) back to the plenary meeting. The NCAC resumed its mandate on 17 May 2022 for the next 8 months. I also welcome progress that has been made towards the imminent establishment of the ad hoc Judicial Reform Committee (JRC) which is set to commence work in mid-June 2022. In that regard, I commend IGAD and the international partners for their support to ensure that both NCAC and JRC are operational.
Excellencies, Ladies and Gentlemen,
3. Since our last plenary, I had the opportunity to brief the Council of Ministers of the RTGoNU on 8 April 2022 on the status of implementation of the R-ARCSS. In my briefing, I highlighted the critical pending tasks of the Agreement, including the limited time left to the end of the Transitional Period. I also made seven recommendations, including an appeal to the Council to prepare a strategy with timelines for the implementation of critical outstanding tasks of the R-ARCSS. The Council adopted all my recommendations and it is our expectations that the RTGoNU will update us on the progress so far.
4. In addition, RJMEC Secretariat oriented the members of the Reconstituted Transitional National Legislative Assembly on the Revitalized Peace Agreement from 10 – 20 May 2022, and we expect them to now proactively fulfil their mandate to support the implementation of the Agreement.
5. However, for the purpose of this meeting at this critical time in the Transitional Period, allow me to highlight the pending tasks of the Agreement, chapter by chapter.
6. Under Chapter I on Governance, the following tasks are yet to be implemented:
· Judicial reforms, including review of the Judiciary Act, establishment of an ad hoc Judicial Reform Committee, reconstitution of the Judicial Service Commission and establishment of an independent, impartial and credible Constitutional Court;
· Completion of reviews of legislation, including the National Elections Act 2012 by the NCAC to conform to the provisions of the R-ARCSS;
· Completion of the process of restructuring and reconstitution of Commissions and Institutions at the national level;
· Enactment of the amended Security bills, and the Constitution Making Process Bill; and
· Reconstitution of a competent and impartial National Elections Commission, the Political Parties Council and preparations for holding free, fair, and credible national elections.
7. Under Chapter 2 on the Permanent Ceasefire and Transitional Security Arrangements, the pending tasks include:
· Completion of the unification of command structure at all levels of rank and file;
· Graduation and redeployment of Phase I of the Necessary Unified Forces (NUF) and commencement of Phase II cantonment and training;
· Operationalization and funding of the DDR programmes as a critical component of unification of forces and long-term security;
· Logistics support for cantonment sites and training centres; and
· Complete demilitarization of civilian centres.
8. Regarding Chapter 3 on Humanitarian Assistance and Reconstruction, the tasks pending implementation include the following:
· Creation by the RTGoNU of an enabling environment for voluntary and dignified return of IDPs and refugees;
· Creation of a conducive environment for the provision of humanitarian services to communities in need;
· Provision of public service delivery, including access to health and education, protection and humanitarian services prioritising conflict affected communities;
· Establishment of the Special Reconstruction Fund (SRF) and Board (SRFB), and the convening of the South Sudan donor pledging conference to support the reconstruction of infrastructure in the country;
· Provision by the RTGoNU of funding of USD 100 million per annum during the Transitional Period;
· Repatriation, resettlement, reintegration and rehabilitation of IDPs and refugees;
· Review by the NCAC of the NGO Act 2016; and
· Fast tracking procedures and institutions for the import and customs clearance of relief materials, and granting of and renewal of visas required by humanitarian workers.
9. Turning to Chapter 4 on Resource, Economic and Financial Management, several tasks remain outstanding. They include the following:
· Reforms of key institutions such as the National Audit Chamber, and the Anti-Corruption Commission;
· Implementation of the Public Financial Management reforms, including wealth-sharing and revenue allocation; economic management; public expenditure; and borrowing;
· Finalisation by the RTGoNU of all the reviewed and drafted bills, including the Public Finance Management and Accountability Act 2011, the Bank of South Sudan Act 2011 and the Banking Act 2012;
· Reviews of all national legislation in accordance with article 4.7.1. of the R-ARCSS, notably the Petroleum Revenue Management Act 2012, and Petroleum Act 2012;
· Establishment of new institutions as provided for under article 4.6 of the R-ARCSS;
· Expediting the implementation of outstanding tasks relating to land policy, registration and administration;
· All tasks related to Enterprise Development Funds; and
· Establishment of the Economic and Financial Management Authority (EFMA).
10. Under Chapter 5 on Transitional Justice, the outstanding critical tasks are the establishment of the three Transitional Justice mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA).
11. The outstanding tasks under the Permanent Constitution-making process in Chapter 6 of the R-ARCSS are the enactment of the Constitution-Making Process Bill 2022, and the establishment of the relevant mechanisms to embark on the making of the new constitution to guide the conduct of elections at the end of the Transitional Period.
Excellencies, Ladies and Gentlemen,
12. It is imperative to note that, there are cross-cutting challenges which have hampered the implementation of the Revitalised Peace Agreement. They include delayed Unification of Forces, funding, military defection, trust deficit, insufficient political will, capacity gaps, the cumulative effects of prolonged subnational conflicts, the COVID-19 pandemic, the dire humanitarian situation in the country caused by natural calamities such as floods. If progress is to be expedited, the aforementioned challenges should be urgently and collectively addressed.
Excellencies, Ladies and Gentlemen,
13. The R-ARCSS lays the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law. However, I would like to stress that continuous delays in the implementation of the Agreement have consequential effects, as witnessed in the recent incidents of military defections and the associated violent confrontations.
14. In addition, I want to express my serious concerns regarding continuous occupation of civilian centres by the SSPDF and SPLA-IO, recent denial of access to CTSAMVM, attacks by the SSPDF on the SPLA-IO forces in Upper Nile and Unity States; and most disturbingly, reports of Sexual and Gender-Based Violence (SGBV) in Koch and Leer Counties in Unity State, including deaths of unspecified number of people, destruction of property and displacement of civilians.
15. There is also a growing public anxiety, frustration and despair on what happens when the Transitional Period lapses in February 2023 without the completion of all tasks of the Agreement.
16. The critical focus at this time, therefore, should be to consolidate the peace dividends which have been achieved thus far by implementing the outstanding tasks of the R-ARCSS. Having outlined the tasks and the risks associated with inaction or delays, it is my expectation that the RTGoNU will update this meeting on its plan and strategy on the way forward. I also appeal to the members to suggest possible remedial measures in view of the aforementioned.
17. I wish you fruitful deliberations.
I THANK YOU!
STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC TO THE 22ND RJMEC MONTHLY MEETING Thursday, 24 March 2022, Juba, South Sudan
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning.
1. I welcome you all to our monthly meeting. Despite the relatively short time left available in the Transitional Period, and RJMEC’s repeated appeals, I note no substantial progress in the implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) since our last meeting. However, in all RJMEC’s engagements, both in South Sudan and regionally, we continue to call for the RTGoNU to demonstrate greater political will to increase the pace of implementation at this critical time.
2. In that regard, I have undertaken internal, regional and international consultations and briefings to encourage greater support for the implementation of the R-ARCSS since our last plenary. I held bilateral meetings with H.E. Salva Kiir Mayardit and the other members of the RTGoNU Presidency, and several national ministers. I also met the President of the Republic of Djibouti, the Minister for Foreign Affairs of the Republic of Djibouti, the Executive Secretary of IGAD and the Chairpersonof the African Union Commission. Similarly, I briefed the Peace and Security Council of the African Union and the United Nations
Security Council.
3. During my regional engagements, I appealed to the Regional Guarantors to consider holding an urgent meeting in Juba and engage with the RTGoNU leadership. The focus would be to assess the status of implementation of the Revitalised Peace Agreement, as guarantors, to provide the necessary impetus for implementation of the Agreement and to help overcome the challenges facing progress.
4. At this point I will provide status updates on the implementation of the Revitalised Peace Agreement since our last monthly meeting, outstanding tasks, challenges requiring remedial action, and conclude with recommendations.
Excellencies, Ladies and Gentlemen,
5. Since our last meeting in February, there has been minimal progress towards implementation of the provisions of the governance chapter of the R-ARCSS. Reportedly, two additional
State Legislative Assemblies have recently been sworn in. I encourage the States which are yet to operationalise their Legislative Assemblies to do so in order to enable them embark on
their functions.
6. I note recent press reports that the Reconstituted Transitional National Legislative Assembly (TNLA) ratified the budget for the Financial Year 2021 / 2022. As a result, it is my expectation that
they will now give their full attention to the bills that are awaiting enactment – namely the six security bills, the Constitution-Making Bill, and the Political Parties Bill, all of which are essential to the ongoing implementation of the R-ARCSS.
7. On the reconvening of the National Constitutional Amendment Committee (NCAC), I welcome the recent signing of an agreement between the IGAD Office of the Special Envoy for South Sudan and the United Nations Development Programme (UNDP) to support the activities of the NCAC. I therefore urge the resumption of the NCAC’s work with the expectation that they will prioritise the review of the election laws and other relevant legislations specifically assigned to them.
8. On Chapter 2, the Permanent Ceasefire and the Transitional Security Arrangements, I am concerned by the reports of an increasing number of clashes taking place between SPLA-IO forces and defectors to the SSPDF in Upper Nile and Unity States, including in training centres. We have tasked CTSAMVM to further investigate these clashes. I would like to stress that each training centre is a symbol of the unity which is being forged through creating a unified force, and any threat to this is unacceptable. Such divisive activities complicate the unification process, lower morale and breed mistrust among troops. A unified force depends on cohesiveness for its ability to function as a professional force.
9. As per the Agreement, the Parties are responsible for the command and control of their forces and affiliates. As a result, Party commanders starting from the lowest level, are charged with the
responsibility to hold their troops accountable for any violations, as well as devising corrective and preventive measures where necessary. On 7 February 2022, after receiving violation reports
from the CTSAMVM Chairperson, I wrote letters to the SSPDF and the SPLA-IO Chiefs of Defence Forces, urging them to take action for the violations committed by their respective forces as highlighted in the CTSAMVM reports. I am awaiting responses from them on actions being taken in respect of my request for accountability.
10. In regard to the Transitional Security Arrangements and in particular, the screening, training and redeployment of the Necessary Unified Forces for Phase One, this matter, including the unified command and ratio of forces, is being dealt with at the IGAD level with RTGoNU. I continue to raise concerns that the DDR process still remains without the necessary support and funds from the RTGoNU. Proper attention to DDR could form part of the solution to the impasse on the force ratios and the excess of senior ranks.
11. With just one year left of the Transitional Period, it is very concerning to continue receiving reports of increased insecurity among some communities, including revenge attacks and criminality in various parts of the country. I would like to reiterate that this state of affairs is exacerbated by the delayed implementation of the Transitional Security Arrangements as set out in the R-ARCSS, growing military defections from one signatory party to another and poorly-resourced structures of governance and security at the State and local levels. I would like to remind all of us that, it is the responsibility of the RTGoNU, as per article 1.2.2 of the R-ARCSS, to restore permanent and sustainable peace, security, and stability in South Sudan.
12. The SPLM/A-IO earlier this week suspended their participation in R-ARCSS Security Mechanisms, and RJMEC meetings. RJMEC has taken note of all the concerns raised by the SPLM/A-IO. It is encouraging to note that SPLM/A-IO has reiterated its continuous commitment to the full implementation of the R-ARCSS and is willing to be available to discuss these issues with RJMEC. I would however like to stress that the Joint Defence Board is a key mechanism composed of the Chiefs of Defence Forces of the three Parties, responsible to their respective forces and as such, its role is imperative in addressing security-related issues. Therefore addressing the specific concerns that the SPLM/A-IO has raised, requires that these Security Mechanisms be fully composed of representatives from all the Parties, which means full participation of the SPLM/A-IO. In this regard, I urge that the SPLM/A-IO reverses the suspension of its participation in the security mechanisms in order to allow redress of the matters raised. I have also invited the concerned Parties to a meeting tomorrow 25 March 2022, to discuss these issues. I would like to emphasise that the full engagement of all the Parties and inclusive dialogue within the framework of the R-ARCSS is the only way of resolving disagreements
Excellencies, Ladies and Gentlemen,
13. Regarding humanitarian assistance and reconstruction, the humanitarian situation in South Sudan continues to deteriorate because of subnational conflicts, widespread flooding, deepening food insecurity, high food prices, and lack of access to basic services. I would like to underscore that violence at the subnational level also increases the number of displaced people, strains the already scarce humanitarian support, and further impacts negatively on humanitarian access. I appeal to the RTGoNU to address the roots causes of violence at the subnational level, provide humanitarian support and services, and ensure the protection of civilians.
14. Whereas voluntary returns continue to be reported, especially from Uganda, instability and flooding compound internal and cross border displacement of communities, notably in Eastern and Central Equatoria. At least 90,000 returnees are reportedly displaced within the country, unable to reach their homes. All returnees and IDPs should be enabled to go home in safety and dignity, as per article 3.1.1.5.
15. On resource, economic and financial management, it is commendable that the RToGNU has operationalised the South Sudan Pension Fund (SSPF) that was launched in 2019 in accordance with the South Sudan Pension Fund Act 2012. I would like to encourage the RTGoNU to extend this social protection system to cover a wider cross-section of society, including the organised forces.
16. The reviewed Bank of South Sudan Act 2010 needs to be enacted in order to encourage greater accountability and transparency in the financial sector, and for the Bank of South Sudan to perform other functions conferred upon it by law. I appeal to the RTGoNU to forward this bill to the Transitional National Legislative Assembly for enactment to allow the Bank of South Sudan to implement them outstanding provisions in this chapter.
Excellencies, Ladies and Gentlemen,
17. Regarding transitional justice, I am informed that preparations are well advanced for the national consultations to help shape the legislation that establishes the Commission for Truth,
Reconciliation and Healing, and that the Ministry of Justice and Constitutional Affairs expects to begin them next week. I would like to underscore that involving the people of South Sudan in the development of transitional justice mechanisms is of great importance.
18. On the Hybrid Court for South Sudan, last week I had the opportunity to meet the African Union Commission (AUC) Chairperson to discuss the implementation of the Revitalised Agreement, including the establishment of the Hybrid Court. My recommendation was for the AUC to engage the RTGoNU with a view to encouraging them to give full attention to transitional justice.
19. With regard to the Permanent Constitution-making process, let me again remind all of us that the ordinary citizens of the Republic of South Sudan stand to benefit greatly from a people-led and people owned permanent constitution-making process. The permanent constitution is essential to guide the way to elections. Furthermore, the Preamble of the Revitalized Peace Agreement is clear that the “Parties are determined to compensate the people of South Sudan by recommitting themselves to peace and constitutionalism.” I therefore urge the Transitional National Legislature to enact the Constitution-Making Process Bill to kick start this important process without any further delay.
20. Now for a word on the RJMEC Working Committees. These are an important part of RJMEC’s monitoring and evaluation functions, and they work well when attended properly. However, the persistent absence of some members frustrates the work of these committees, and therefore it lowers their effectiveness at a time when the ongoing implementation of the R-ARCSS needs support from all sides. I would like to reiterate my previous calls for their members to make greater efforts to attend these very important meetings.
Excellencies, Ladies and Gentlemen,
21. I would like to conclude with the following recommendations: a. urge the reconstituted Transitional National Legislature to expedite the enactment of the pending security, political parties
and constitution-making bills;
b. urge the operationalisation of all the remaining State Legislatures;
c. call upon the RTGoNU to urgently restore peace and security in the regions affected by conflict and violence;
d. urge the armed Signatory Parties to exercise full command and control of their forces, and to hold their troops accountable for any violations, as well as devising corrective and preventive measures where necessary;
e. urge the RTGoNU to complete the Transitional Security Arrangements, including resolving the issues of unified command and force ratios, and redeployment of unified forces, as well as implement DDR programmes as part of the unification process;
f. urge the RTGoNU to extend the South Sudan Pension Fund across a wider cross-section of society, including the organised forces; and g. urge the RTGoNU to ensure that the public consultations surrounding the establishment of the Commission for Truth, Reconciliation and Healing are comprehensive and meaningful and commence without further delay.
22. Lastly, I would like to remind the Parties that there is less than one year before the end of the Transitional Period, which should conclude with the holding of elections. Therefore, the roadmap and strategy to be developed by the RTGoNU should, among other things, set out the tasks most critical for the conduct of free, fair and credible elections, given the dwindling time left to implement the Peace Agreement. In doing so, I remind all Parties once again of their commitment, expressed in the Preamble of the Agreement, “to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law.”
I encourage all of you to participate in our debates this morning to the fullest at this critical time. I wish you fruitful deliberations.
I Thank You.
STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC TO THE 21ST RJMEC MONTHLY MEETING
THURSDAY, 10 FEBRUARY 2022
JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning.
1. This being our first meeting for the new year 2022, allow me to wish you all a belated Happy New Year. This Plenary meeting falls just under two weeks before we reach the point marking two years since the Revitalised Transitional Government of National Unity (RTGoNU) was formed. There is now just 12 months left of the Transitional Period, and elections are due to take place 60 days before it ends, and yet key unimplemented tasks are outstanding, including:
i) Several important pieces of legislation are not ratified and state governments are not fully functioning;
ii) the forces are not unified;
iii) the Special Reconstruction Fund is not established, and millions of South Sudanese remain in refugee camps outside the country or in IDP camps;
iv) public financial management reforms remain largely undone;
v) the transitional justice mechanisms are not established; and
vi) beyond the drafting of its legislation, the constitution-making process is not progressing as expected.
2. With much to be done in a short timeframe, it is important that the RTGoNU briefs this meeting on the practical remedial measures with which it intends to implement these, and other key tasks required by the R-ARCSS within the remaining timeframe. Today therefore, I will highlight some of the most recent progress on the implementation of the Revitalised Peace Agreement since our last monthly meeting, outstanding tasks, challenges requiring remedial action, and conclude with recommendations.
Excellencies, Ladies and Gentlemen,
3. Regarding governance, since our last meeting, the Reconstituted Transitional National Legislative Assembly (TNLA) has enacted the Constitutional Amendment Bill No. 8, which therefore aligns the Transitional Constitution of the Republic of South Sudan 2011, (as amended) to the R-ARCSS. Also enacted is the Amendment Bill No. 9 which covers amendments made to some of the security bills. These bills have since been signed into law by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan.
4. I am informed that the State Legislative Assemblies have been reconstituted in all the ten states, and it is encouraging that the Lakes State and Central Equatoria have sworn-in their members. I urge that the inauguration of the remaining State Legislative Assemblies be expedited so that they can discharge their oversight and legislative functions.
5. There are other outstanding tasks in governance, including the restructuring and reconstitution of the Commissions and Institutions at the national level in line with article 1.19 of the R-ARCSS, and the establishment of the ad hoc Judicial Reform Committee (JRC). On the JRC, I have been informed that IGAD has completed the process of selection of its Chairperson and Deputy Chairperson and is awaiting its operationalisation.
6. In regard to the Transitional Security Arrangements (TSA), and in particular, the screening, training and redeployment of the Necessary Unified Forces for Phase One, it is disappointing that progress remains very slow. Since my last report, I have been informed that the three JDB Implementation Committees have undertaken their screening and selection tasks in the Training Centres. I look forward to receiving an update from the JDB at this meeting.
7. I wish to restate my concern that DDR remains without the necessary support and funds from the RTGoNU. The DDR process is integral to the successful implementation of the Transitional Security Arrangements, and I urge the RTGoNU to ensure that the DDR Commission, an essential component of the TSAs, receives all the support it needs as a matter of urgency. That said, I welcome the Joint RTGoNU and ‘Friends of South Sudan’ Community Violence Reduction/DDR pilot initiative which is currently underway to complement the DDR Commission Strategy. I look forward to hearing more from the DDR Commission today.
8. I received four verified violation reports from CTSAMVM this month which include: i) the attack, rape and abduction of civilians in August 2021 attributed to NAS; ii) the killing and detention of civilians during clashes between SSPDF and NAS forces in September 2021; iii) forced recruitment of civilians by the SPLA/IO between October and December 2021; and iv) an attack on an SSPDF Barracks by NAS forces in November 2021. Consequently, I have since written to the Chiefs of Defence Forces of SSPDF, the SPLA-IO, and NAS to remind them of their responsibilities and to urge them to take action against perpetrators.
9. Turning now to the recent Kit Gwang issue, we urge parties to such conflicts to observe and work within the parameters of the R-ARCSS in achieving peace. Any defections or accepting defections by armed groups is contrary to the letter and spirit of the Agreement. Delays in the implementation of the Transitional Security Arrangements is a major contributing factor in the occurrence of defections. I therefore urge the RTGoNU parties to expedite the implementation of all the Transitional Security Arrangements, especially the graduation and unification of the forces, which will serve to lessen the likelihood of defections. I would like to hear the opinions of the RJMEC members on this issue.
10. I am concerned about continuing community-based violence, as exemplified by the recent attacks and loss of lives in Baidit Payam, outside of Bor, Jonglei State. The resulting displacement of civilians in incidences of such violence, and the added need for and strain on the delivery of humanitarian services, is worrying. I urge the RTGoNU to undertake measures to address the cycles of violence across the country and build durable peace. Fully functioning governments at the states’ level can have a positive impact.
11. Similarly, I continue to receive reports of clashes in the Equatorias between NAS forces and those of the SSPDF. I urge the Parties to the Rome peace process to adhere to their commitments to the Rome Resolution and Declaration, and the resumption of talks under the auspices of the Community of Sant’Egidio should provide an inclusive opportunity to address the insecurity in the Equatorias.
12. On Sexual and Gender Based Violence (SGBV), while I note the efforts of the SSPDF and JDB to combat SGBV, I am concerned that there are still SGBV cases committed by some elements of the various forces being reported by CTSAMVM. I call upon the JDB to ensure accountability for violations committed by the forces.
Excellencies, Ladies and Gentlemen,
13. On the humanitarian situation, there are many outstanding challenges. The living conditions of flood-affected people in displacement sites remain dire and are likely to further deteriorate with the onset of seasonal rains. There are many hundreds of thousands of flood-affected people requiring humanitarian assistance. In terms of food security, reports from the FAO / WFP indicate that between February to May 2022, the magnitude and severity of already very high levels of acute food insecurity is likely to worsen.
14. Last year, an estimated 270,000 refugees were reported to have voluntarily returned to South Sudan, 28,440 of these having returned in December 2021 alone. I commend UNHCR and the Relief and Rehabilitation Commission for their efforts to enable the movement of voluntary returnees. I urge the RTGoNU to expedite the establishment and operationalisation of mechanisms such as the State and National Level Task Forces on Solutions and local governance structures to enable the smooth management of voluntary returns.
15. On Resource, Economic and Financial Management, I would like to commend the RTGoNU and its partners for efforts in catalysing the development of Micro, Small and Medium Enterprises through the newly lunched Enterprise Development project. In the spirit of the Agreement, South Sudan’s private sector and youth economic empowerment can only be achieved through improved capacity in entrepreneurship and access to finance
16. Equally important, there is need to improve transparency and accountability in the management of public resources to ensure sustainable peace and development in South Sudan. In particular, there is great need for more emphasis on the management of the natural resources. In this regard, I urge the RTGoNU to finalise the review of the National Land Policy and legislate the reviewed 2008 Land Act. Considering the influx of returnees into the country and increased economic activity in the agriculture sector, it is important to address the challenges posed by land grabbing and other malpractices involving land.
17. Furthermore, there is need for the RTGoNU to develop a comprehensive policy for the use and management of Nile and other water resources, as per article 4.8.3 of the R-ARCSS, in order to attract increased investment in this sector.
18. On transitional justice, the Technical Committee on the CTRH establishment has completed its plans towards undertaking public consultations. The RTGoNU has committed SSP 25 million (approximately $60,000) to support this process, and the Ministry has indicated that additional support from partners for this process could be forthcoming. I urge the Ministry to now proceed quickly and commence the public consultations process.
19. On the establishment of the Hybrid Court for South Sudan (HCSS), no progress has been observed here since our last meeting. On the Compensation and Reparation Authority (CRA), I am informed that the Minister of Justice is working with partners to obtain technical assistance in the area of compensation and reparation. Such support will go a long way in informing its understanding on how to draft appropriate CRA legislation.
20. I wish to commend the UN Commission on Human Rights in South Sudan and partners for the recent conference convened between the 13 and 15 of December 2021 to enable stakeholders to work towards a shared vision for a holistic approach to transitional justice in South Sudan.
21. Lastly, on the permanent constitution-making process, there is no significant progress to report. The Constitution Making Process Bill 2021 is pending ratification by the Reconstituted TNLA. I urge the leadership of the Reconstituted TNLA to immediately present this bill for consideration and enactment, alongside the budget.
Excellencies, Ladies and Gentlemen,
22. As we move towards the final 12 months of the Transitional Period, I would like to help focus minds and close my statement with the following recommendations:
a) urge the reconstituted TNLA to expedite the enactment of the pending security, political parties and constitution making bills;
b) urge the operationalisation of all the State Legislatures;
c) urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including redeployment of unified forces, as well as for DDR programmes;
d) urge the RTGoNU to work closely with international partners to establish the Board of the Special Reconstruction Fund without further delay, in line also with the recent AU PSC meeting resolutions. This is especially important considering the humanitarian and reconstruction challenges facing the country, including the continued need for aid for flood-affected communities;
e) urge the RTGoNU and the African Union Commission to push forward with establishment of the Hybrid Court for South Sudan, and urge the Ministry of Justice and Constitutional Affairs to commence the public consultations on the CTRH; and
f) urge the parties and stakeholders to commence preparations for their nominations of representatives to the different constitution-making institutions and mechanisms.
23. At this crucial stage of implementation, and with such a comparatively short time left in the Transitional Period, your insights on the challenges facing South Sudan are vital. I encourage you all to consider carefully this status of implementation report, and suggest practical remedial measures that can unlock progress. It is my expectation that RTGoNU will present to this meeting a clear roadmap on the way forward in regard to the implementation of the remaining tasks in the Agreement. Equally your proposals in this meeting will help guide the discussions and decisions of the RTGoNU.
24. I wish you fruitful deliberations.
I thank You.
HonourableMinisters,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. I welcome you all to the 20thmeeting of the RJMEC, which is our last Plenary meeting for this year. This time of the year is very critical as it provides a moment of reflection on what we have been able to achieve, collectively, in the pursuit of peace and stability in the Republic of South Sudan.
2. We started the year 2021 with great optimism, emerging from the disruptions of the Covid-19 pandemic, and it was our hope that 2021 would see much better progress in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). There is no doubt that the RTGoNU had a much better opportunity in 2021 to take forward the implementation of the Peace Agreement than it had in its inaugural year 2020.
3. Some milestones were achieved this year for which the institutions and mechanisms of the Agreement, Parties and the RTGoNU should be commended. I will highlight only a few, namely:
4. Under Chapter 1 on Governance Arrangements, the following tasks were completed:
a. Completion of the appointment of State Governors with the appointment of Governor of Upper Nile State;
b. Completion of reconstitution of States’ Governments with appointment of States Executive for all the ten states;
c. State Ministers, Advisors, Independent Commissioners and County Commissionersfor all the ten States have been appointed;
d. Completion of reconstitution of the Transitional National Legislative Assembly (TNLA) and Council of States; and
e. Appointment of the States Legislature in nine of the ten states.
Under Chapter 2, on the Transitional Security Arrangments
f. The Permanent Ceasefire has held between the signatories to the Revitalised Peace Agreement since its signing;
g. CTSAMVM continued delivering its monitoring, verification and reporting mandate; and
h.Some components of the 83,000 Necessary Unified Forces (NUF) are in training centres and are awaiting redeployment.
Under Chapter 3, on Humanitarian Affairs
i. Some humanitarian corridors are opened, some IDPs and refugees are gradually returning, access impediments have generally reduced, and
j. the Disaster Risk Management policy has been submitted to the Council of Ministers for Approval, and the National Strategy on finding Durable solutions for IDPs, Refugees and Returnees has been validated.
Under Chapter 4 on resource, economic and financial managment
k. An audit of the previous allocation and transfer of the 2% and 3% of total revenues made to oil producing States and communities respectively since 2011 was conducted and its findings (of misappropriation of most of the funds) was discussed by the Council of States and recommendations made to the RTGoNU; and
l. The RTGoNU has identified all loans collateralised against oil, current employment in the oil sector has been reviewed, and a new human resources policy has been developed to ensure equity in the sector, thereby improving the process of accountability and management of the extractive industries.
Under Chapter 5 on Transitional Justice
m. A roadmap has been developed and endorsed by the RTGoNU Council of Ministers mandating the Minister of Justice and Constitutional Affairs to proceed with the full implementation of Chapter 5; a Task Force has been established within the Ministry to coordinate its implementation; and
n.A Technical Committee has been established to undertake nationwide public consultations towards the establishment of the Commission for Truth, Healing and Reconciliation.
Under Chapter 6 on the Permanent Constitution-Making Process
o. the Permanent Constitution-making process has been initiated, and a workshop for the Parties and Stakeholders was successfully convened by RJMEC where details for the constitution-making process were agreed; and
p. A Constitution Process Bill drafted by the Ministry of Justice and Constitutional Affairs was endorsed by the Council of Ministers and is awaiting enactment by the Reconstituted TNLA.
Excellencies, Ladies and Gentlemen,
5. I welcome the progress I have just highlighted,however, the delayed unification of forces and their redeployment has contributed to growing frustrations. Furthermore, defections of senior military officials, mainly from the SPLA-IO to the SSPDF, erode trust amongst the two parties and public confidence in the peace process. Also, progress is impeded by the delayed enactment of the six amended security related legislations, and the lapse of the National Constitutional Amendment Committee mandate before completion of critical tasks, including amendment of the election law.
6. We are now past the mid-way mark of the timeline of the Transitional Period. The Parties are far behind schedule in implementation of key tasks. As we close the year 2021 therefore, we need clarity from the RTGoNU on its plan for the implementation of the outstanding tasks in the coming 14 months.
Excellencies, Ladies and Gentlemen,
7. Today therefore, I will only highlight some of the most recent progress on the implementation of the Revitalised Peace Agreement since our last monthly meeting, highlight key developments, outstanding tasks, challenges requiring remedial action, and conclude with recommendations.
8. Firstly, governance. Since our last meeting, there has been some progress. The State Legislative Assemblies have been reconstituted in nine out of ten states, with the exception of Western Bahr el Ghazal. This is a welcome development and a positive step towards completion of establishment of the structures of governance at the subnational level. I urge that the swearing in of the newly appointed members of the State Legislative Assemblies be conducted to ensure that they embark on their legislative and oversight functions in support of implementation of the R-ARCSS.
9. In spite of the recent developments, there are other outstanding tasks in governance, including establishment of the ad hoc Judicial Reform Committee (JRC), and the restructuring and reconstitution of the Commissions and Institutions at the national level. Regarding the Judicial Reform Committee, however, all the parties have submitted their lists of nominees, and I understand that IGAD has also completed the process of selection of their nominees to chair and deputise the Committee and is in the process of finalising their contracts. I reiterate my appeal for the process of establishment of the JRC to be concluded so as to trigger the necessary judicial reforms process in South Sudan as provided for in the R-ARCSS.
10. In terms of the bills approved by the Council of Ministers awaiting ratification by the reconstituted Transitional National Legislative Assembly (TNLA), I am informed that the Presidency has endorsed the proposed amendment to the National Security Services (NSS) Bill. The reconstituted TNLA is still to ratify all the amended security bills, the Constitutional Amendment Bills No. 8 and 9 and the Constitution Process Bill 2021.
11. I welcome the recently concluded 5thGovernors’ Forum which was convened in Juba in the third week of November 2021 for the Governors and Chief Administrators of the ten States and the three Administrative Areas. I further welcome the resolutions of the Forum, some of which relate to the process of devolving powers and resources to States and Counties as per the R-ARCSS. Additionally, the Forum resolved that each State is to review its State constitution in order to conform to the Constitution of the Republic of South Sudan 2011 as amended and the R-ARCSS. I encourage all the concerned authorities to implement these resolutions.
12. In reference to security and the implementation of the Transitional Security Arrangements, it is disappointing to note that the redeployment of the Necessary Unified Forces (NUF) remains stalled. It is now over two months since the Presidency directed the deployment of three assessment teams to Training Centres in preparation for the graduation of Phase 1 of the NUF. I understand that these teams have not yet left Juba due to the lack of funding and logistical support. It is disheartening to see that this directive of the Presidency has not been carried out. I would like to hear from the RTGoNU, the way forward on this issue.
13. I am also disappointed to report that the critical issues of Unified Command Structure and Force ratios have not yet been resolved, undermining the whole Transitional Security Arrangements process. The DDR Commission also remains unfunded and neglected despite DDR being essential to the unification process. I would like to request the NTC to provide an update on the funding situation of the Security Mechanisms.
14. I continue to receive reports from CTSAMVM that in the Cantonment Sites and Training Centres, living conditions are dire and that the occupants continue to abandon the sites in search of food and other essentials for survival. This situation has undermined the morale of security forces cantoned or in training and risks eroding their trust in the political leadership of the country. I appeal once again to the RTGoNU to provide food, medicines and other essential life support to Cantonment Sites and Training Centres and to expedite redeployment. It is essential to resolve these issues, which will pave the way for completion of the unification process.
15. I understand there has been some progress in the work of the SDSR Board including the Strategic Security Assessment and the Security Policy Framework in accordance with Article 2.5.4 of the Peace Agreement which will lay the foundation for developing the Strategic Defence and Security Review. I look forward to hearing more on this matter from the SDSR Board.
16. Regarding the Rome process under the auspices of Community of Sant’Egidio, I welcome the decision of His Excellency, Salva Kiir Mayardit, President of the Republic of South Sudan, for the RTGoNU to resume talks with SSOMA. I call upon the parties to implement the Rome Resolutions, and to come to a durable settlement.
17. On a separate note, I am encouraged by the efforts being made by the RTGoNU to put measures in place to combat sexual and gender based violence (SGBV) in South Sudan. On 30 November, the JDB launched a Committee for the implementation of an action plan for ‘Addressing Conflict-Related Sexual Violence.’ I would like to hear more from the JDB about this matter.
18. Further, I would like to report the successful completion last week of a seminar facilitated by UNITAR in collaboration with RJMEC in Kigali, Rwanda under the theme ‘Post-Conflict Peacebuilding, Reconstruction and Stabilization.’ The workshop participants included high-level South Sudanese politicians and military Generals. It is expected that the knowledge gained during the workshop will be applied to expedite the implementation of the Agreement. This is the third collaborative activity this year between UNITAR and RJMEC, and we will continue to design further programmes in support of the R-ARCSS.
Excellencies, Ladies and Gentlemen,
19. In regard to humanitarian affairs, UNOCHA reports that in November a further 154,000 people across the country have also been affected by flooding, bringing the total number of people facing high levels of food insecurity and poor access to basic services to over 850,000. I commend all those who have extended assistance to help the flooding situation, and I appeal for more resources required to alleviate the suffering of those affected. As I mentioned in my last statement, the scale of humanitarian need in South Sudan should focus our minds on the urgency of establishing the Special Reconstruction Fund (SRF), but no progress is reported on this.
20. On Chapter 4, on resource, economic, and financial management, I would like to commend the Bank of South Sudan for implementing key economic reforms supported by the Staff-Monitored Programme (SMP) that have stabilised the exchange rate, contributed to a significant decline in inflation, and unified the exchange rates in the market. I expect that the RTGoNU will continue to pursue prudent public financial management and ensure resources are properly allocated and used for the benefit of the people of South Sudan.
21. Furthermore, I would like to commend the RTGoNU for progress made in the development of the Code of Ethics and Integrity for Public Officials which is contained in the Public Service Regulation. Additionally, I commend progress made in reviewing and finalising the Public Service Master Curriculum for capacity development with the theme ‘Building Honest efficient and effective Public Service’. We look forward to the rollout of this curriculum to inculcate the spirit of nationalism and to promote the values of honesty, integrity, and respect for public property (article 4.1.3).
22. Regarding the access to finance by the South Sudanese people, the R-ARCSS in article 4.15 mandates the establishment of enterprise development funds, microfinance, and other social safety nets such as subsidised credit. It is worth noting that the Women’s Enterprise Development Fund Bill is being drafted and a draft Youth Enterprise Bill has been submitted to the Ministry of Justice. I urge the RTGoNU to continue the process to establish these funds, which are critical to improving the livelihoods of many vulnerable South Sudanese.
23. On Chapter 5, transitional justice, I am aware of the efforts to secure funding for the Technical Committee for the establishment of the Commission for Truth, Reconciliation and Healing (CTRH), including the recent partners’ roundtable forum convened by the Ministry of Justice and Constitutional Affairs. I look forward to positive outcomes to these efforts.
24. With regards to progress on the permanent constitution making process, I am informed that the Ministry of Justice and Constitutional Affairs has now received the Cabinet resolution which endorsed the Constitution Process Bill 2021. I urge the Minister of Justice and Constitutional Affairs to forward the approved Bill to the reconstituted TNLA without delay.
Excellencies, Ladies and Gentlemen,
25. As with the last monthly meeting, a critical concern remains on the Transitional Security Arrangements, especially the unification of forces, their redeployment and the DDR process. Bearing in mindthe preceding, I would like to make the following recommendations to this meeting:
a) urge the reconstituted TNLA to fast-track its handling of all bills due to be ratified, including the Constitution-Making Process Bill 2021;
b) urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including redeployment of unified forces, as well as for DDR programmes;
c) appeal to the leadership of the Parties to urgently resolve the issue of the ratio of the unified forces and the unified command structure of the Necessary Unified Forces;
d) urge the RTGoNU to work closely with international partners to establish the Board of the Special Reconstruction Fund without further delay;
e) urge the RTGoNU to fast-track the establishment of the the Youth and Women Enterprise Development fundsas listed in article 4.15 of the R-ARCSS; and
f) appeal to the RTGoNU and international community to support the work of the Technical Committee on the establishment of the CTRH.
26. In conclusion, therefore, I would like to remind us that this is the last meeting before we break for Christmas and the New Year. I hope that you will use the holidays as a period of reflection on what has been achieved in implementation of the R-ARCSS this year, and what remains to be done within the remaining period of the Agreement. I hope that we will return in the New Year with concrete plans and renewed vigour and determination to bring durable peace, stability and prosperity to the people and country of South Sudan. I wish you all a Happy Christmas and a prosperous New Year.
27. I wish you fruitful deliberations.
Thank you.
STATEMENT
BY
H.E. MAJ GEN CHARLES TAI GITUAI (RTD)
INTERIM CHAIRPERSON, RJMEC
TO THE
19thRJMEC MONTHLY MEETING
Thursday, 28 October 2021
Juba, South Sudan
HonourableMinisters,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. I welcome you all to the 19thmeeting of the RJMEC. In recent weeks, I have maintained my initiative of regional diplomacy in order to help South Sudan remain on the agenda of IGAD and its member countries. In early October, for example, I held high level meetings in Addis Ababa, Ethiopia and Djibouti, where in particular, I impressed upon H.E. Demeke Mekonnen, Deputy Prime Minister of Ethiopia, and the IGAD Executive Secretary Dr. Workneh Gebeyehu, the importance of the Transitional Security Arrangements (TSA), among other vital tasks.
2. I would like to remind all members that they have by now received a copy of the third RJMEC quarterly report 2021, a copy of which appears in your folders in front of you. Our assessment is that “more than half-way through the Transitional thirty-six-month period, progress in implementation is relatively slow. Some progress has been registered particularly within Chapter 1 of the Agreement led by the formation of the RTGONU, establishment of the Transitional National Legislative Assembly (TNLA), and formation of the state government.” The report also states that “the most important tasks of the Transitional Security Arrangements (TSAs, Chapter 2) have not been fully implemented.”
3. Today, I will provide an update on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) since our last monthly meeting, highlight key developments, outstanding tasks, challenges requiring remedial action, and conclude with recommendations.
Excellencies, Ladies and Gentlemen
4. Regarding governance and the status of implementation of Chapter 1 of the Revitalised Peace Agreement, the full reconstitution of the Transitional National Legislature (TNL) at the national level is a welcome development. So far, the RTGoNU Council of Ministers has approved the five of the six security bills, as well as the Constitutional Amendment Bill, and the Permanent Constitution-Making Bill. Other important legislations which are still pending includes the National Security Services Bill and the Political Parties Bill. The timely enactment of these laws is critical to the transitional processes and reforms envisaged in the Agreement. I therefore urge the TNL to ratify these bills, preferably before the end of the year.
5. A properly functioning government requires the full operation of the three branches of government, the executive, the legislative and the judiciary, at both the national and subnational levels. In that regard, I note that the state legislatures, which are critical to complete the state level governance structures, are not yet in place. Therefore, I urge that the Parties expedite the reconstitution of the State Legislatures in order to enable them perform their subnational duties. Furthermore, I reiterate my appeal for the RTGoNU to expedite the reconstitution of the Commissions and Institutions at the national level as stipulated in the agreement.
6. In regard to the establishment of the Ad-hoc Judicial Reforms Committee (JRC), which is mandated to study and recommend appropriate judicial reforms to the RTGoNU, the SPLM/A-IO, SSOA, FDs, and OPP have already submitted their nominations. Still pending are the nominees of ITGoNU, and the IGAD appointees who are to Chair and Deputise the Committee.I urge both the ITGoNU and IGAD to finalise their nominations to the JRC.
7. Regarding chapter 2 on security, there has been little progress on the Transitional Security Arrangements (TSA) since my last report. Earlier this month, the Presidency directed that plans and preparations for graduation of unified forces should be completed within four weeks. Consequently, the Joint Defence Board (JDB) was tasked to deploy three joint implementation teams to the Training Centres in Greater Upper Nile, Greater Bahr El Ghazal and Greater Equatoria. Their task is to screen, select, and organise the trainees into unified formations in preparation for graduation. Trainees who left the training centres have been ordered to return. It is my expectation that the directive of the Presidency is carried out in a timely manner. However, critical issues that remain unresolved in the TSAs include the unified command structure, force ratios between the Parties, disproportionate numbers of senior ranks, funding for sustaining the personnel in Cantonment Sites and Training Centres, as well as funding for the DDR Commission.
8. The security situation in Tambura in Western Equatoria is still of great concern as large numbers of civilians remain displaced. Humanitarian assistance is hampered by the lack of secure access to areas where it is needed. However, CTSAMVM reports that the presence of the JDB team in Tambura over the past month has played a vital role in stabilising the situation. I look forward to hearing more about this from CTSAMVM and the JDB. I also call upon the RTGoNU, the State Government, traditional leaders and religious leaders to continue to work together and address the root causes of the situation in Tambura for the long-term solution.
9. Regarding the internal disagreements within the SPLM/A-IO following the Kit Gwang declaration, we continue to appeal to the two groups to resolve their differences through dialogue. I equally appeal to all Parties to the R-ARCSS who experience internal disagreements to endeavour to resolve those differences in an amicable manner within their parties’ constitutional framework and in accordance with the provisions of the R-ARCSS where applicable, particularly in regard to article 2.1.8, and 2.1.10.4.
Excellencies, Ladies and Gentlemen
10. According to UNOCHA, there are 700,000 people affected by flooding in 27 counties across eight states since May 2021, with the worst affected States reported as being Jonglei, Unity, Northern Bahr el Ghazal and Upper Nile. Over two-thirds of the flood-affected counties are confronted with high levels of food insecurity, poor access to basic services and face the threat of water borne diseases. I commend all those who have extended assistance to help the flooding situation, but more resources are required to alleviate the suffering of those affected. The scale of humanitarian need in South Sudan should focus our minds on the urgency of establishing the overdue Special Reconstruction Fund (SRF), which is clearly much needed. In this regard, I urge the RTGoNU to work closely with international partners to establish the Board of the SRF without further delay.
11. Furthermore, the safety of humanitarian workers remains a major concern. Of the 174 humanitarian access incidents reported by UNOCHA in the third quarter of this year, 97 were violence and threats against humanitarian personnel and assets. I would like to urge the RTGoNU and all concerned parties to ensure the protection and safety of aid workers to enable the delivery of much needed humanitarian services.
12. On Resource, Economic, and Financial management, key institutions required to ensure a transparent and accountable public sector, including the National Audit Chamber and the Anti-Corruption Commission, need to be reconstituted. I urge the RTGoNU to give these institutions the attention required. Within the context of the reforms to the petroleum sector as stipulated under article 4.8 on resource management, I welcome the ongoing efforts to rationalise and streamline the sector, especially issues related to environmental impact, human resource management, and accountability and transparency in the management of oil resources. Furthermore, I understand that an environmental audit is underway in accordance to Article 4.9, and I expect to hear from the RTGoNU about when it will be complete and its outcomes.
13. With regards to Transitional Justice, public consultations on the establishment of the Commission on Truth Reconciliation and Healing (CTRH)are yet to commence as required under Article 5.2.1.3. The Technical Committee on the establishment of the CTRH has developed a 6-month work plan and a budget, which is yet to be funded. I appeal to the RTGoNU and the international community to support the work of the Technical Committee. On the Hybrid Court for South Sudan (HCSS), I understand that the African Union Commission and the Ministry of Justice and Constitutional Affairs have been holding talks to discuss modalities of establishing the Hybrid Court. I look forward to an update from the RTGoNU.
14. With regards to the Permanent Constitution-making Process under Chapter 6, I commend the decision of the Council of Ministers to endorse the Constitution Making Process Bill 2021 this month. I call upon the reconstituted TNL to prioritise the enactment of this important bill. This will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC) and establishing of the Constitution Drafting Committee (CDC). These institutions are required in order to kickstart what is expected to be a national and people-centred constitution-making process in South Sudan.
Excellencies, Ladies and Gentlemen,
15. In conclusion, some progress has been made in the areas of governance, economics, transitional justice, and the constitution-making process. However, a critical concern remains on the Transitional Security Arrangements, especially the unification of forces, their redeployment and the DDR process, which as I have said many times is the backbone of the Agreement.
16. I would therefore like to make the following recommendations to this meeting:
a) urge the RTGoNU to expedite the approval of the revised National Security Services Bill and the Political Parties Bill;
b) urge the reconstituted TNL to fast-track its handling of all bills due to be ratified, including the Permanent Constitution Making Process Bill 2021 before the end of year;
c) urge the RTGoNU and IGAD to finalise their nominations and the establishment of the ad-hoc Judicial Reforms Committee;
d) urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including graduation and redeployment of unified forces, as well as for DDR programmes;
e) appeal to the leadership of the Parties to urgently resolve the issue of the ratio of the unified forces and the unified command structure of the Necessary Unified Forces;
f) urge the RTGoNU and partners to expedite the establishment of the Board of the Special Reconstruction Fund;
g) urge the RTGoNU to continue with all reforms required in Chapter 4, including the National Audit Chamber and the Anti-Corruption Commission as per Articles 4.4 and 4.5; and
h) appeal to the RTGoNU and international community to support the work of the Technical Committee on the CTRH.
17. Lastly, I wish to reiterate my concern that we are already behind the agreed timelines and the implementation schedule. According to the timelines of the Agreement, it is 16 months to the end of the Transitional Period. Despite all that has been achieved, a lot remains to be done. I would like, therefore, to request the RTGoNU to provide members in our next meeting with a plan on how it will implement the outstanding tasks in the remainder of the Transitional Period.
I wish you fruitful deliberations.
Thank you.
HonourableMinisters,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. First of all, I would like to take this opportunity to wish you all a Happy Independence Day which took place on 9 July 2021, and for our Muslim brothers and sisters, I wish you an Eid Mubarak.
STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC TO THE 17TH RJMEC MONTHLY MEETING, THURSDAY, 20 MAY 2021
JUBA, SOUTH SUDAN
HonourableMinisters,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. It is a pleasure and honour to be able to meet in person once again following the lifting of the COVID-19 partial lockdown measures. I hope that our meeting today will lead to a very fruitful discussion as much work remains to be done. I hope that you all kept healthy and engaged in our collective endeavours to ensure the full implementation of the Revitalised Agreement on Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
2. Today, as usual, I will provide an update on the status of implementation of the R-ARCSS since our last monthly meeting, highlight key outstanding issues and recurring challenges and conclude with my recommendations.
Excellencies, Ladies and Gentlemen,
3. To begin with, governance. It is important to note that since we last met, there has been some commendable progress towards implementation of some provisions of Chapter 1. On 8 May 2021, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, dissolved the Transitional National Legislative Assembly (TNLA) and the Council of States through a Republican Decree. The TNLA was subsequently expanded and reconstituted on 10 May 2021. This is a welcome development, as it has long been seen as a vital step in implementing Chapter 1 of the R-ARCSS. There now remains the reconstitution of the Council of States, and the state legislative assemblies, and the restructuring and reconstitution of institutions and commissions at the national level.
4. It is my hope and expectation that now, the reconstituted TNLA can ratify some important legislation that has been held up, such as the amended security bills and the Constitutional Amendment Bill No. 8 (2020), which were drafted by the National Constitutional Amendment Committee (NCAC) and presented to the Minister of Justice and Constitutional Affairs. We are still analysing the detailed lists of TNLA appointments to assess whether the 35% level of women’s representation was met. We are also keen to understand the extent to which the youth are represented in these appointments, as per article 1.4.5.
5. Furthermore, I am pleased to inform you that RJMEC Secretariat has been participating in leadership retreats in the states within a framework of institutional collaboration and partnerships. UNMISS organised these retreats for the appointed RTGoNU Executives in Northern Bahr el Ghazal and Western Bahr el Ghazal States. The retreats, attended and supported by the RJMEC Secretariat and the IGAD South Sudan Liaison Office, aimed at assisting the state executives to better understand the R-ARCSS, enhance trust and confidence building amongst them and strive to deliver quality public services in their respective states.
6. I am also pleased to report that all the Parties to the RTGoNU have agreed to extend the NCAC’s mandate, which expired in February this year, to enable the NCAC to complete its pending tasks. It now remains for the process to be finalised by IGAD. This is a welcome development, because much work awaits the NCAC, including the review of the National Elections Act 2012, the Non-Governmental Organisation Act 2016, the Bank of South Sudan Act 2011, the Anti-Corruption Commission Act 2009, the National Audit Chambers Act 2011, and the National Petroleum Act 2012.
7. Next, on security. Since the last RJMEC monthly meeting, held in February, there has been no significant progress in any of the Transitional Security Arrangements (TSAs). The unification of forces remains stalled. No graduation and redeployment for Phase One of the Necessary Unified Forces has taken place since my last report. Cantonment sites and training centres continue to be abandoned due to a chronic lack of food, medicines, shelter facilities and hygiene items for women. The conditions in both cantonment sites and training centres continue to deteriorate and can only get worse with the onset of the rainy season. Unfortunately, no funding has been provided to the Security Mechanisms since my last report.
8. I understand that agreement has been reached on the ratio of the Unified Command Structure, and I expect that the Joint Defence Board (JDB) can confirm this to the plenary. It now remains for the Parties to appoint nominees, in particular regarding the key posts at the highest levels of the Defence and Security Services. The completion of this is critical to the implementation of the TSAs.
9. Regarding the Strategic Defence and Security Review process, the SDSR Board convened a 3-day workshop in May 2021, with support and assistance from RJMEC Secretariat and UNMISS, with the aim of completing the Strategic Security Assessment. This initial part of the SDSR Board’s remit, in accordance with the R-ARCSS, is long overdue. However, its completion will pave the way for the finalisation of the Strategic Defence and Security Review which in turn will determine the role, organisation and structure of the national unified forces. I look forward to hearing the report from the Chairperson of the SDSR Board, particularly regarding the timeline for the completion of these vital national security tasks.
10. I remain concerned that the Disarmament, Demobilisation and Reintegration (DDR) process is still lagging behind. As is the case with the Security Mechanisms, insufficient focus and support is being provided by the RTGoNU to the DDR Commission for what is a key national security undertaking, which requires considerable resources, and the cooperation of many government ministries and agencies. I expect to hear more from the Chairperson of the DDR Commission in his report.
11. I am deeply concerned by the disruption to CTSAMVM’s work due to the absence of National Monitors since April. The function of the Monitoring and Verification Teams is presently reduced, and in some instances, actively impeded. In this regard, I have written to the President of the Republic of South Sudan and the Chairperson of IGAD to make them aware of the situation and appealed to them to take remedial measures.
12. Around the country, there are reported incidences of violence. In Central Equatoria, fighting between the SSPDF and NAS has been reported. Furthermore, community-based violence in Jonglei, Lakes, Warrap, and Unity States has also been reported, resulting in many civilians being killed and wounded. Taken together, all these amount to a worrying composite picture for the country of South Sudan, and I urge the RTGoNU to take urgent steps towards their peaceful resolution.
13. Within the context of these growing incidences of insecurity, it is very saddening to learn that on 12 May, an aid worker was killed when a clearly marked humanitarian vehicle was fired at. This is the first aid worker killed in South Sudan in 2021, while nine were killed in 2020. The safety and security of humanitarian workers continues to be threatened by ongoing violence. For example, there have been recent compound intrusions and the physical assault of aid workers in Upper Nile state, Unity State and Eastern Equatoria. Further, concerns on road security, notably in Lakes, Jonglei, and the Equatorias, continue to impede the delivery of aid to those who most need it.
Excellencies, Ladies and Gentlemen,
14. Now for a word on resource, economic and financial management. The oversight institution Economic and Financial Management Authority (EFMA), to have been established at the start of the Transitional Period, and which was referred to in the resolutions of our 16thmeeting, is still pending. This body is crucial to oversee the implementation of the resource and financial sector reforms, and to ensure reporting to RJMEC on progress. That said, we welcome the creation in March 2021 of the Oversight Committee to oversee an audit of the Petroleum Sector. In addition, the Ministry of Petroleum has undertaken an environmental and cost recovery audit. Similarly, the Ministry of Finance has undertaken an audit of transfers to oil-producing communities and states. The audits are important for transparency and accountability in the management of the oil resource, and where necessary, corrective action should be taken.
15. Now for a word on transitional justice. Since my last report, the Minister of Justice and Constitutional Affairs established a Technical Committee on the establishment of the Commission on Truth, Reconciliation and Healing (CTRH). The Committee is expected to lead public consultations to be held in concert with other stakeholders and civil society, which will inform the legislation governing the establishment of the CTRH, consistent with article 5.2.1.3. I look forward to hearing how this activity progresses.
16. Next, the Permanent Constitution-making process. In preparation for convening the Permanent Constitution-making process workshop, and in accordance with articles 6.7, 6.8, and 6.9, RJMEC and the Max Planck Foundation have to date conducted six sensitisation meetings with representatives of the Parties and stakeholders, and have held one joint consultative meeting with all the nominees. The workshop is scheduled for 25-27 May 2021 and is expected to be officially opened by the President of the Republic of South Sudan. The outcome of the workshop shall form the basis for drafting the legislation to be enacted to govern the constitution-making process.
Excellencies, Ladies and Gentlemen,
17. I would like to conclude with the following recommendations to this meeting.
a) urge the RTGoNU to complete the reconstitution of the Council of States, and the state legislative assemblies, and the restructuring and reconstitution of institutions and commissions at the national level, while adhering to the 35% level of women’s representation and giving due attention to representation of the youth;
b) urge the reconstituted TNLA to enact the Constitution Amendment Bill No. 8 into the TCRSS 2011 (as amended), and enact the outstanding security laws and other laws already amended by the NCAC;
c) urge the RTGoNU to adequately fund the Transitional Security Arrangements, to expedite and complete the unification of forces, and ensure well-coordinated DDR in conjunction with the required government ministries and agencies;
d) urge the RTGoNU, in conjunction with the state governments, to address community-based violence and enhance security at the sub-national level;
e) urge the RTGoNU to provide a secure and enabling environment for humanitarian workers, IDPs, and returnees, and to lead ongoing humanitarian efforts, including the establishment of the Special Reconstruction Fund; and
f) urge the RTGoNU to ensure that the recommendations of the oil sector audits are acted upon, and that corrective action is taken where necessary.
18. In conclusion, I would like to underscore that the reconstitution of the TNLA and the commencement of the Permanent Constitution-making process are positive developments, and they create the momentum which can accelerate progress in the implementation of the Peace Agreement. Now is the time to continue to build political will, strengthen trust and confidence, implement tasks concurrently, especially completing the TSAs, and providing humanitarian assistance, in order to deliver peace dividends for the people of South Sudan.
I wish you fruitful deliberations.
Thank you.
STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (rtd), INTERIM CHAIRPERSON, RJMEC TO THE RJMEC MEMBERS, March 2021 Juba, South Sudan
Excellencies,
Distinguished Ladies and Gentlemen,
Greetings.
-
Due to the present restrictions owing to the COVID-19 pandemic lockdown measures, it has been necessary to release my statement electronically. However, in our usual manner, we have been able to conduct our pre-Plenary consultations with the Parties to the R- ARCSS, the stakeholders and adherents, and the regional guarantors and international community, so I am content that your updates and concerns have been registered.
-
At the outset, I would like to take a moment to express my condolences to the government and people of the United Republic of Tanzania at the recent passing of one of the most prominent sons and leaders of Africa, President John Pombe Joseph Magufuli, President of the United Republic of Tanzania. He was one of the most inspiring statesmen of the continent, and he will surely be missed.
-
In this statement, I will provide an update on the status of implementation of the R-ARCSS since our last monthly meeting, highlight key outstanding issues and conclude with my recommendations.
Excellencies, Ladies and Gentlemen,
-
Firstly, on governance. I am pleased to report that on 2 March 2021, the process of establishing the executive structures of all the ten state governments was completed with the appointments of the State Ministers, Advisors, Independent Commissioners and County Commissioners. However, in making these appointments, it is regrettable that the Parties to the R-ARCSS did not adhere to the 35% level of women’s representation. I encourage the Parties to the R-ARCSS to give this their full attention in the spirit of the Agreement. There is a clear need for more women to be appointed at all levels of government, especially at the state executive and legislative positions.
-
Furthermore, appointments are yet to be made for the Transitional National Legislative Assembly (TNLA), Council of States, State Legislative Assemblies, as well as the various positions within the local governments in the three Administrative Areas of Abyei, Ruweng and Greater Pibor. I recall that the resolution of the meeting of the Presidency on Tuesday 2 February 2021 was to, among others, reconstitute the TNLA and the Council of States by 15 February 2021. I can report that these two institutions have not been reconstituted. I reiterate my appeal to the Parties to adhere to the 35% level of women’s representation in their nominations to reconstitute the TNLA and the Council of States.
-
The mandate of the National Constitutional Amendment Committee (NCAC) expired on 22 February 2021, which means that it cannot continue with its work unless its mandate is renewed. There are also other laws which the NCAC has not yet reviewed as required by the R-ARCSS. I am aware that IGAD has written to the RTGoNU identifying it as the appropriate authority to extend the mandate of the NCAC so that it may complete its outstanding critical tasks. I urge the RTGoNU to settle this matter quickly.
-
A reconstituted TNLA is required to enact a range of legislations critical to the ongoing implementation of the R-ARCSS. For example, the amended bills, such as the security bills and the Constitutional Amendment Bill No. 8 (2020), which were drafted by the NCAC and presented to the Minister of Justice and Constitutional Affairs are yet to be enacted into law. Also outstanding are various judicial reforms as stipulated in the Agreement. I appeal to the RTGoNU to reconstitute the TNLA to enable the enactment of the Bills into law, and expedite judicial reforms.
-
Next, on security, since the last RJMEC monthly meeting, there has been no progress in any of the Transitional Security Arrangements issues listed in the RJMEC resolutions of the last meeting (resolutions 10 and 11 in particular). The unification of forces has stalled. Cantonment Sites and Training Centres continue to face serious logistical constraints, such as food, medicines and sufficient shelter which are lacking, and female combatants continue to lack appropriate facilities and personal hygiene items. Training of the Necessary Unified Forces (NUF) has stalled, and no graduation or redeployment plans have been announced. The lack of sufficient funding to the Security Mechanisms is a constraint, and disappointingly, the National Transitional Committee (NTC) has not submitted a progress report to the RJMEC, as requested by the RJMEC members
-
9. On 25 January 2021, the RJMEC Secretariat facilitated a seminar to help improve the planning and coordination capabilities of the NTC and the Security Mechanisms. The result was an agreed number of specific recommendations for action by the relevant mechanisms and authorities, which all agreed to. I call upon the RTGoNU, the NTC, and the Security Mechanisms to implement the recommendations of the January Security Seminar, including providing funding for the DDR process to avoid further delays in completing the outstanding Pre-Transitional tasks and the Transitional Security Arrangements in accordance with the R- ARCSS.
-
10. CTSAMVM reported an increase in violence involving armed youths and the SPLM/A-IO in the areas of Liang Cantonment Site in Maban, Unity State, and between armed youth and the SSPDF in areas around Nassir, Upper Nile State. With regard to this armed violence in Upper Nile State, I would like to commend the Joint Defence Board for moving to de-escalate the situation, and I urge them to continue taking an active role in other potential flashpoints.
-
11. Furthermore, I am concerned by reports that community-based conflict is on the increase. It is the responsibility of the RTGoNU, as per article 1.2.2, to restore permanent and sustainable peace, security, and stability, and I call upon the Central and State Governments to work jointly with local leaders and curb the violence. The operationalisation of the State Security Committees will be instrumental is alleviating the situation.
-
12. In terms of the Rome process and the political engagements with the non-signatory groups in the peace process, I can report that from 8-12 March 2021 talks were held between RTGoNU and Gen. Paul Malong and Pagan Amum Okiech of South Sudan Opposition Movement Alliance (SSOMA) in Naivasha, Kenya. The main outcomes of the talks were firstly, that the Parties recommit to the CoHA (2017), and the Rome Declaration and Rome Resolution. The Parties signed a Declaration of Principles for Political Dialogue, which sets out the principles to govern subsequent political dialogues. I look forward to the development of this dialogue, and I urge all the Parties involved to remain fully committed.
-
13. On Sexual and Gender Based Violence (SGBV), I understand some reports are being made to CTSAMVM about new cases. I would like to reiterate what our last meeting resolved, which was to call for continued focus on investigating, arresting, prosecuting and sentencing of perpetrators of SGBV crimes, as well as continued training and sensitisation on SGBV issues within the organised forces.
Excellencies, Ladies and Gentlemen,
14. The humanitarian situation in the country is dire. The scale of humanitarian need in South Sudan continues to rise as a result of multiple factors, including widespread sub-national violence, floods, COVID-19 related restrictions, economic challenges and acute food insecurity. In response to these needs, the humanitarian community launched the South Sudan Humanitarian Response Plan for 2021 targeting 6.6 million people with urgent life-saving assistance and protection by the end of the year.
15. Community-based violence continues to be the main issue negatively impacting humanitarian movement and operations, thereby threatening the safety of staff and assets. In the Resolution 8 of our last monthly meeting, members requested that the RTGoNU briefs the RJMEC on steps being taken to address the reported impediments to humanitarian access. I reiterate our call for this to take place as it is critical that the RTGoNU plays its central role by ensuring the safety and security of humanitarian workers, and by supporting the delivery of services by ensuring access to the people in need. Furthermore, setting up the Special Reconstruction Fund, as per article 3.2, is likewise a critical step.
16. On resource, economic and financial management, I can report that not much has been accomplished in the implementation of Chapter 4 since I last reported to the RJMEC members. However, it is encouraging to note that the Republican Decree of 18 February 2021 created an Oversight Committee which, should push forward, the audit mandated by article 4.8.1.14.5, which is described in the Agreement as an “urgent audit of the Petroleum Sector and to reconstitute and empower the National Petroleum and Gas Company to oversee negotiations with oil companies as well as the award of concessions and licenses.”
17. The steep decline in oil prices and associated loss of revenue in 2020 was challenging, but the outlook for government finances should be improving. Since the beginning of 2021, a global economic recovery and tight control of oil supply by OPEC+ has caused a rebound in the oil price. This results in a strong increase in oil revenues which will ease financial constraints, which I hope will be used on implementation of the R-ARCSS.
18. Our last meeting reiterated the need for the establishment of the Economic and Financial Management Authority (EFMA) as mandated in the R-ARCSS to report to the RJMEC on progress in implementation against provisions of the Agreement. The EFMA has not yet been established. The same meeting also requested the RTGoNU to provide an update on the status of operationalising the oil revenue funds and the different enterprise development funds, including the Youth and Women Enterprise Development Funds, as mandated under Article 4.15.1 of the R-ARCSS. We have not received this update, and I urge the RTGoNU to provide it.
19. Regarding the status of implementation of transitional justice provisions in the R-ARCSS. The Ministry of Justice and Constitutional Affairs (MoJCA) recently indicated it would give leadership to the implementation of Chapters 5 and 6, and judicial reforms, following a Cabinet-level decision to that effect. Going forward, critical steps that I await to be taken include signing of the Memorandum of Understanding with the African Union so as to establish the Hybrid Court for South Sudan. Another critical step I await to see is MoJCA undertaking public and stakeholder consultations with the people of South Sudan whose findings should be incorporated into the legislation on the Commission on Truth, Reconciliation and Healing. Lastly, I also look forward to receiving updates from the RTGoNU on what steps it is taking towards establishment of the Compensation and Reparations Authority.
20. On Chapter 6 on the Permanent Constitution-making process, the RTGoNU is mandated to initiate and oversee a Permanent Constitution-making process which is expected to be completed within 24 months into the Transitional Period. The process was initiated in January 2021 with the endorsement of the Ministry of Justice and Constitutional Affairs roadmap for implementation of the Chapter 5, Chapter 6, and Judicial Reforms by the RTGoNU Council of Ministers. As you may be aware, RJMEC is mandated to convene the workshop for the R-ARCSS Parties to agree on the details of the Permanent Constitution-making Process, pursuant to Article 6.9 of the Agreement. I am pleased to say that all the Parties and Stakeholders have now nominated their representatives to this Workshop which will be convened in May 2021.
Excellencies, Ladies and Gentlemen,
21. I conclude with the following recommendations:
-
urge the RTGoNU to reconstitute TNLA and Council of States, to appoint members of the State Legislative Assembly, and to appoint local governments of the Administrative Areas while ensuring women’s participation is at least at the level of 35%;
-
urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, and ensure well-coordinated DDR;
-
urge the RTGoNU to deal with the drivers of community-based violence, and operationalise the State Security Committees to help address the conflicts;
-
urge the RTGoNU to establish the Special Reconstruction Fund to ensure funding which would ensure their leadership of ongoing humanitarian support efforts to meet the increasing needs of the people of South Sudan;
-
urge the RTGoNU to proceed in a timely manner with the initiation of legislation and establishment of the three Transitional Justice mechanisms.
22. As we now proceed into Easter, I hope that we all use this time as a period of reflection so that when we return from the break, we are inspired to pick up the pace of implementation of the R-ARCSS and build momentum towards its full implementation in letter and spirit. Three months from now, July, marks ten years of independence for South Sudan, and now is the time to accelerate the implementation of the Agreement so that there will be much to celebrate in a decade of independence.
I wish you all a Happy Easter. Thank you.