Excellency Dr. Riek Machar Teny, First Vice President of the Republic of South Sudan;
Your Excellencies Vice Presidents and Chairpersons of the various Ministerial Clusters present;
Rt.Hon. Deputy Speaker of the Transitional National Legislative Assembly;
Hon. Dr Martin Elia Lomuro, Minister for Cabinet Affairs
Hon. Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs;
H.E. Dr. Ismail Wais, IGAD Special Envoy for South Sudan
Hon. Justice James Ogoola, Chairperson of the ad hoc Judicial Reform Committee;
Hon. Lady Justice Joyce Alouch, Deputy Chairperson of the Judicial Reform Committee;
The media fraternity;
§ Ladies and Gentlemen,
All protocol observed.
Good morning.
1. I am honored to address you all this morning on behalf of H.E Amb. Maj. Gen (rtd) Charles Tai Gituai, Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), who is unable to be with us today due to unavoidable circumstances.
2. As you may be aware, the RJMEC is an institution established under Chapter 7 of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), with the mandate, among others, to oversee, monitor, evaluate, and report on the status of the implementation of the Peace Agreement.
3. The establishment of the ad hoc Judicial Reform Committee by the RTGoNU in 2022 represented a clear commitment by the government to address the pressing need for judicial reforms in the Republic of South Sudan. The JRC was mandated by the Revitalized Peace Agreement to study and make recommendations to the RTGoNU on appropriate judicial reforms for its consideration.
4. The Judiciary is an important arm of government, and an effective, independent, and impartial judiciary is indispensable for dispensing justice, eradicating impunity, and achieving lasting peace, stability and democratization.
5. We understand that this is a very comprehensive report, and that it contains a number of practicable recommendations for inter alia promoting the proper administration of justice, independence of the judiciary, strengthening customary law, and establishment of the constitutional court, in the Republic of South Sudan.
Excellencies, Honorable Ministers, Ladies and Gentlemen,
6. Today is therefore a very historic day, as we convene at this pivotal workshop to validate the report of the ad hoc Judicial Reform Committee (JRC). As RJMEC, we have followed very closely the important work of the JRC, from the beginning to date.
7. This JRC report is not just a document but it embodies the voices and aspirations of countless South Sudanese who seek a judiciary that is independent, efficient, and responsive to their needs. It also reflects their collective vision for a legal framework that upholds the rule of law and protects human rights.
8. As this validation process commences, let us remember that the work here has far-reaching implications, as a reformed judiciary will empower citizens, enhance accountability, and foster social cohesion in the communities in South Sudan. This is therefore an opportunity to lay the groundwork for a judicial system that not only meets the challenges of today but also anticipates the needs of future generations. It is therefore essential that the validation is approached with due diligence it deserves.
9. We know that a lot of grounds were covered by the JRC during this work. We take note of the many in-depth consultations undertaken during this process, the incredible amount of information obtained on the state of the judiciary and the various recommendations for reforms.
10. We are also seized of the many challenges the JRC encountered along the way, in particular, the insufficient funding and time pressure, which partly hampered their timely work. The final validation of its reports today is therefore a big milestone and a step forward in the implementation of the Revitalized Peace Agreement.
11. I want to congratulate the JRC for achieving this historic milestone. I commend the leadership of the RTGoNU, in particular Your Excellency, Salva Kiir Mayardit and your peace partners in the Presidency, for the leadership provided in the implementation of the Revitalized Peace Agreement to date, and for the support provided to the Hon. Minister of Justice and Constitutional Affairs to deliver on this mandate.
12. We commend the IGAD Special Envoy for South Sudan, and all partners like UNDP, for supporting the JRC to successfully discharge its mandate.
13. I also thank the Hon. Chief Justice, and the Judiciary for supporting the JRC in this endeavors and hope that the recommendations obtained in this process will contribute to reforming the Judiciary into an effective, independent and impartial arm of government.
Excellencies, Honorable Ministers, Ladies and Gentlemen,
14. It is now incumbent upon the RTGoNU to adopt this report and to effectively and expeditiously implement the recommended judicial reforms to establish a first-class judiciary which is independent, impartial and capable to dispense justice to all citizens.
15. This validation is also timely, as it comes at the commencement of the new two years extension. An independent and trusted judiciary is a critical guarantor for peace and stability before, during and after elections.
16. RJMEC is confident, that the timely implementation of the JRC report, and its inclusion in the new permanent constitution, will make the conduct of elections safer and possible at the end of this extended period.
17. I therefore want to end by congratulating their lordships, Justice James Ogoola and Lady Justice Joyce Alouch and all the members of the JRC, for their historical contribution to the establishment of this nation state, laying a foundation to a just and peaceful South Sudan.
I thank You.
END
TO THE RECONSTITUTED TRANSITIONAL NATIONAL LEGISLATIVE ASSEMBLY, JULY 2024, JUBA, SOUTH SUDAN
- Rt Honourable Speaker,
- Rt Honourable Deputy Speakers,
- Honourable Members,
- Distinguished Ladies and Gentlemen.
Good morning.
1. I welcome this opportunity for the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to brief this august Assembly on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
2. This briefing is pursuant to Article 7.9 of the Revitalised Peace Agreement which mandates RJMEC to, among others, report quarterly on the status of implementation of the Agreement, followed by detailed briefings to the Executive of the Revitalised Transitional Government of National Unity (RTGoNU) and its Council of Ministers and the reconstituted Transitional National Legislative Assembly (TNLA).
3. Furthermore, RJMEC is mandated to brief the Chairperson of the IGAD Assembly of Heads of State and Government, the Chairperson of the IGAD Council of Ministers, the Chairperson of the African Union Commission, the Peace and Security Council of the African Union, the United Nations Security Council and the Secretary General of the United Nations.
4. Recently, South Sudan marked the thirteenth year anniversary since independence in 2011. Independence Day is always an important milestone to note because it brought to an end the years of struggle so that the world’s newest nation may enjoy the fruits of freedom, including lasting peace, stability and development. At the end of this year, in December 2024, according to the Revitalised Peace Agreement, and the Roadmap, elections are due to be held, an event long-desired by the people of South Sudan where they may freely choose their leaders.
5. This briefing is a summary of the RJMEC Quarterly Report covering the period from 1st April to 30th June 2024, and highlights the slow progress made in implementation of the Revitalised Peace Agreement, critical pending tasks, and challenges. It will note that while some progress has been made in establishing the key institutions charged with the conduct of the constitution-making and elections processes, a lot remains to be done to fully equip them to carry out their mandates for the conduct of free, fair and credible elections. It is hoped that the dialogue by the Parties to the Agreement should help bring clarity on the best way forward.
Right Hon. Speaker, Honorable Members,
6. Under governance, some progress was made during the quarter. In terms of elections preparedness, the National Elections Commission (NEC) confirmed that it received the SSP equivalent of US $15 million from the RTGoNU as part of the pre-elections budget. Subsequently, the NEC has been able to undertake some preparatory activities, and in June 2024, it reconstituted the State Elections High Committees at the sub-national levels. However, the list of the Committees has been contested internally by some of the members of the Commission. There are also concerns that the list does not adhere to the 35% minimum threshold for women membership.
7. The Political Parties Council (PPC) received the SSP equivalent US $5 million from the RTGoNU to enable it to commence preparatory activities. It should be recalled that in February 2024, the PPC commenced the registration of political parties, and in June 2024, announced the cut-off date was end of June 2024. As of 27 June 2024, some 29 political parties are registered, though there is still discontent about US $75,000 registration fee.
8. During this reporting period, this august House passed the Public Finance Management and Accountability Act 2021 (Amendment) Act 2024, which now awaits assent by the President. Several amendment bills are still before this House, including the National Audit Chambers Act 2012 (Amendment) Bill, 2022 and the Tourism Bill 2024. It is hoped that these Bills are dealt with in a timely manner.
9. It is encouraging to note that the RTGoNU Council of Ministers endorsed the NGO Act 2016 (Amendment) Bill 2024, which seeks to streamline the operations of NGOs and improve on their registration and regulations.
10. At the end of June, the High-Level Standing Committee completed its review of the Roadmap with a view to determining the best way forward given the time remaining before the holding of elections and prepared a report with recommendations, which it submitted to the Presidency for consideration.
11. In Nairobi, Kenya, on 9 May 2024, the High-Level Mediation for South Sudan, also known as the Tumaini Initiative, was launched with the goal of mediating between the RTGoNU and the Non-Signatory Opposition Groups in order to bring them into the peace process. The High-Level Mediation has also included discussion on the root causes of the conflict in South Sudan and seeks to recommend appropriate constitutional, legal and policy reforms that will help restore lasting and sustainable peace in the country.
12. The Tumaini draft consensus negotiating document generated concerns, including from the First Vice President, H.E. Dr Riek Machar, over its lack of focus, duplication of the R-ARCSS provisions, and for purporting to replace the R-ARCSS. These concerns were addressed to the Tumaini Mediation with a clear call to anchor the mediation within the framework of the Revitalised Peace Agreement, and to ensure that its outcome would complement its full implementation, as opposed to any attempt to replace it.
13. With reagrds to the National Constitutional Amendment Committee (NCAC), it has successfully concluded its mandate, having reviewed and drafted amendments to 24 pieces of legislation, as its mandate. It has handed over all the amendment bills to the Minister of Justice and Constitutional Affairs. The role of this august House in enacting 16 of the reviewed Bills so far is commendable.
14. In terms of the judicial reforms process, the ad hoc Judicial Reform Committee (JRC) has completed its work, and drafted a report with recommendations for judicial reforms. However, the scheduled stakeholders’ validation and official handover of the Report to the RTGoNU remains pending. Judicial reforms mandated by the R-ARCSS include: (a) the review of the Judiciary Act; (b) building the capacity of judicial personnel and infrastructure; (c) reconstitution of the Judicial Service Commission; and (d) establishment of an independent, impartial and credible Constitutional Court. RJMEC has urged the RTGoNU to expedite the conclusion of the JRC’s final report to pave the way for judicial reforms.
15. During the reporting period, the Permanent Ceasefire continued to hold with no major clashes among the forces of the signatory Parties. However, clashes between the South Sudan People’s Defence Forces (SSPDF) and the hold out group National Salvation Front (NAS) of Gen Thomas Cirillo were reported in Mundri East County, Western Equatoria State, and in some parts of Central Equatoria State.
16. Concerning the Transitional Security Arrangements, there has been very little progress since the last RJMEC briefing. CTSAMVM reported that on 19 April 2024, the Joint Defence Board (JDB) deployed two battalions of the army to Malakal and Bentui, which in addition to the 6 battalions that were deployed in 2023, brings the total number of Necessary Unified Forces (NUF) battalions deployed so far to eight. On Phase II training, there is no evidence of any preparations, nor has funding been availed for the DDR Commission and Security Mechanisms.
17. With regards to the unification of the second command echelon of the NUF, the SPLM/A-IO and SSOA submitted lists of the names of their officers to H.E. Salva Kiir Mayardit, President of the Republic of South Sudan. The SPLM/A-IO and the SSOA are still awaiting the President’s response.
18. The SDSR Board has completed the validation of the five documents of the Strategic Defence and Security Review process, namely the Strategic Security Assessment, Security Policy Framework, Revised Defence Policy, the White Paper on Defence and Security, and the Security Sector Transformation Roadmap. These documents are yet to be presented to the Party leaders for their approval.
Right Hon. Speaker, Honorable Members,
19. Regarding humanitarian assistance and reconstruction, the humanitarian situation in the country continues to worsen through increasing food insecurity and malnutrition, especially among populations that are already acutely food insecure. The situation is expected to further worsen with the cumulative effects of the deteriorating economic situation, diminishing funding, intercommunal violence, continued influx of refugees and returnees from Sudan, climatic shocks, disease outbreaks and anticipated flooding. The passing of the NGO Act 2016 (Amendment) Bill 2024 by this august House and its subsequent operationalision is expected to play a critical role in creating a more conducive working environment for NGOs in South Sudan, thus improving access to those in need.
20. According to the Relief and Rehabilitation Commission (RRC), by the end of April 2024, about 655,000 returnees from Sudan were registered in South Sudan through various open border points, though the transit centres, especially Renk, lack basic needs, including shelter from the heat and rain.
21. The RRC has attributed the slow return, relocation, and reintegration processes to the delayed establishment of the Special Reconstruction Fund (SRF). It is worth noting that the slow implementation of Chapter III affects inclusivity, fairness, and meaningful participation of citizens, especially women who make up the majority of the IDPs, returnees, refugees and populations in need.
22. In terms of resource, economic and financial management the Public Procurement and Asset Disposal Authority (PPDAA) has been created and is almost fully functional as required by Article 4.6.1.1 of the R-ARCSS. This Authority should control and regulate public procurement and the disposal of public assets in a manner that is transparent, fair, honest, cost-effective and competitive. However, the institution is challenged by the absence of the Procurement Regulations, which is yet to be approved by this House. Another challenge is the lack of cooperation from some Ministries, agencies and departments of government to comply with the PPDAA in setting up procurement committees in their institutions.
23. The Fiscal and Financial Allocation Monitoring Commission Bill, which is to ensure transparency of allocations of national revenue to States and Counties, has been approved by the Council of Ministers and now needs to enacted by this House. Separately, the Public Financial Management and Accountability (PFMA) Bill was passed by this House and awaits assent by the President.
Right Hon. Speaker, Honorable Members,
24. Under transitional justice, accountability, reconciliation and healing, RJMEC noted that the draft Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) are before this august House for enactment.
25. Under the parameters of permanent constitution, during this reporting period, the reconstituted National Constitutional Review Commission (NCRC) received the SSP equivalent of US $800,000 to facilitate its work, and has since adopted all its revised internal governing instruments. The Commission awaits a political decision on the timelines, given the Roadmap schedule for the end of the Transitional Period.
26. The RJMEC, as the commission that is mandated by the Agreement to oversee, monitor and evaluate the implementation of the Agreement, has continued to have its leadership engaging regularly with the RTGoNU Executives, the Parties to the Agreement, institutions and mechanisms implementing the R-ARCSS and different South Sudanese stakeholders and adherents. The Parties to the Agreement were urged to continue to dialogue in good faith towards consensus in order to provide clarity on the best way forward with respect to the implementation of the agreement and the critical issue of the holding of elections at the end of the transition period.
27. RJMEC leadership, additionally held a number of important engagements in Juba and within the region on the status of implementation of the R-ARCSS as well as challenges facing its implementation, including observer status in the Nairobi talks. The leadership also briefed and updated H.E. Cyril Ramaphosa, President of the Republic of South Africa and Chair of the African Union High-Level Ad Hoc Committee for South Sudan (C5), the Facilitation Support Team for the South African Special Envoy to South Sudan, H.E. Dennis Francis, President of the UN General Assembly, H.E. Gen. Abubaker Jeje Odongo, Foreign Minister of Uganda, a visiting delegation of the AU Peace and Security Council and non-resident Ambassadors of Belgium and South Korea. These high-level personalities were briefed on the progress, challenges and opportunities and possible interventions towards implementation of the Agreement.
Right Hon. Speaker, Honorable Members,
28. In RJMEC’s assessment, there has been insufficient progress made in implementation of the R-ARCSS during the reporting period. Key tasks, such as the permanent constitution making, preparations for elections, and the unification of forces, remain largely at the same stage as they were at the end of the previous quarter.
29. Failure to move forward on these key aspects of the implementation hinders the holding of elections, scheduled for December 2024. However, while it is encouraging that at least partial funding has been availed to the NEC, PPC and NCRC, key institutions that will play major roles in the constitution and election processes, more resources are needed. It is important to stress the need for a people led and a people owned permanent constitution made in accordance with provisions of the Constitution Making Process Act 2022, as the basis to guide the conduct of a credible free, fair and peaceful election at the end of the Transitional Period. With that in mind, it is hoped that the Tumaini Initiative can make progress in bringing the hold out groups into the peace process, enhancing the prospects of sustainable peace in South Sudan.
30. The recommendations which follow, are aimed at encouraging a faster pace of implementation of the R-ARCSS and will better prepare the country for the upcoming elections, if acted upon.
a. To the Parties to the Agreement and Relevant Stakeholders:
1.1. engage in dialogue in the spirit of collegiality on the best way forward for the holding of elections and provide a detailed plan to the people of South Sudan on the implementation of the Roadmap; and
1.2. embrace the Tumaini Initiative as a means of bringing in the holdout groups into the Revitalised Peace Agreement in the spirit of inclusivity and furthering the prospects for peace in the country.
1.3. seize this constitution-making moment given the importance of a people-led and a people-owned permanent constitution, as the basis to guide the conduct of credible free, fair and peaceful elections;
1.4. avail requisite funding, in a timely manner, to the NCRC to enable the effective discharge of its mandate in overseeing the making of a Permanent Constitution;
1.5. create an enabling civic and political space for citizens’ participation in governance;
1.6. expeditiously undertake, through the NEC, elections-related activities listed in Article 1.20.8 of the R-ARCSS;
1.7. provide, as a matter of urgency, all the resources necessary to complete redeployment of the remaining NUF, and in addition complete unification of the command structure so that the country can have a unified force with a national character under one Commander-in-Chief; and
1.8. pursue establishment of the SRF and Board with a view to helping to address the ongoing humanitarian crisis in the country.
1.9. expedite the enactment of all pending bills, including the NGO, CTRH and CRA Bills; and
1.10. support the process of providing the requisite funding for the constitution and election making processes by passage of the necessary supplementary spending and budget bills to secure funding for their operationalisation.
31. In conclusion, with elections scheduled for December 2024, it is hoped that the dialogue by the Parties to the Agreement will bring clarity on the best way forward. It is important to underscore that while some progress has been made in establishing the key institutions charged with the conduct of the constitution-making and elections processes, a lot remains to be done to fully equip them to carry out their mandates.
32. Similarly, the level of resources made available to these institutions fall well short of their proposed budgets, further hindering their ability to complete the required tasks in line with the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan.
I Thank You!
- Hon Dr. Abraham Korir SingOei CBS, Principal Secretary, Ministry of Foreign and Diaspora Affairs Government of Kenya;
· H.E. Lt. Gen Lazarous Sumbeiywo (rtd), Chief Mediator;
· Paolo Impagliazzo, Secertary General of the Community of Sant’Egidio and Co-Mediator;
· H.E. Ismail Wais, IGAD Special Envoy to South Sudan;
· Head of Government Delegation;
· Head of Delegation, South Sudan Opposition Movements Alliance;
· Excellencies;
· Honourable Members;
· Distinguished Guests;
· Ladies and Gentlemen.
1. Good morning. Hujambo nyote. Greetings to all of you. Karibuni Kenya. Welcome to Kenya!
2. It is a great honour and privilege for me to address you in my capacity as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), the official oversight, monitoring and evaluation body of the Revitalized Peace Agreement.
3. At the outset, RJMEC wishes to congratulate the Government of Kenya, the Reconstituted Transitional Government of National Unity (RTGoNU) and the South Sudan Opposition Movement Alliance (SSOMA) for all efforts that have enabled the launching of the South Sudan High Level Mediation Process in Nairobi today. This gathering is a commendable demonstration of commitment by all that peace can only be achieved through a sustained dialogue, inclusivity and consensus building, which is an intrinsic acceptable process rather than violence.
4. In this regard, I commend His Excellency Dr William Ruto, President of the Republic of Kenya for accepting to facilitate this dialogue following the request from His Excellency Salva Kiir Mayardit, President of the Republic of South Sudan; and the leadership of South Sudan Opposition Alliance SSOMA for accepting this dialogue in an effort to find durable peace in the Republic of South Sudan.
Excellencies, Ladies and Gentlemen,
5. I wish to commend the mediation team from the Revitalised Government of National Unity (RTGoNU) led by Ambassador Albino Mathem for their commitment and continued search for an all-inclusive peace in South Sudan from the time that these negotiations commenced in Rome. I also wish to commend the South Sudan Opposition Movement Alliance (SSOMA) groups for their acceptance to continue to dialogue and accepting to come to the IGAD region in cognizance of the importance of regional support to these talks by embracing Nairobi as the venue for these deliberations.
6. These talks build on seven rounds of the Rome Peace Process, led by the Community of Sant ’Egidio and IGAD, held between January 2020 and March 2023 which yielded some positive outcomes, including the recommitment to the Cessation of Hostilities Agreement and Declaration of Principles.
7. It is RJMEC’s expectation that these talks will further the implementation of the Revitalized Peace Agreement and usher the country into an inclusive, peaceful and democratic end to the Transitional Period. Since the signing of the Revitalised Agreement on the Resolution to the Conflict in South Sudan (R-ARCSS) in 2018, South Sudan has experienced 5½ years of relative peace, despite sporadic skirmishes and communal fighting that continues to occur in several parts of the country. However, it is important to note that Permanent Ceasefire continues to hold between the Parties to the Agreement. This relative peace compared to previous years before 2018, is a commendable achievement and needs to be further consolidated. These talks are therefore a positive step and an opportunity in which the outcome could lead towards attainment of sustainable peace in South Sudan.
8. RJMEC, as the official oversight, monitoring and evaluation body established under Chapter VII of the Agreement, is cognisant of the status of implementation of the Revitalized Peace Agreement, particularly regarding the Transitional Security Arrangements, elections preparation, the permanent constitution making process, and processes of truth, reconciliation and healing.
9. It is RJMEC’s view that the success of the South Sudan Mediation Process in Nairobi will come out with a framework of inclusivity, address the differences and bring a clear way forward that would enhance the peace process. Additionally, this success would build a momentum for the implementation of the remaining pending tasks of the R-ARCSS, towards the achievement of the lasting peace and stability in South Sudan.
10. With many critical tasks still pending implementation, against the backdrop of the fast-approaching end of the Transition Period as per the Agreement Roadmap, RJMEC has continued to encourage the Parties to the Agreement to ensure that implementation of these tasks is expedited and completed in order to lay a firm foundation for South Sudan’s transition to a democratically elected government.
11. As I conclude my remarks, I would like to underscore that the main expectation of the people of South Sudan is that your positive and constructive engagements here in Nairobi will galvanize and bolster the peace efforts already underway in South Sudan. A positive conclusion to this mediation process will no doubt empower the country’s reconciliation process, bring about enabling environment for national development and will contribute to durable peace, justice, liberty and prosperity to the people of South Sudan.
12. I therefore wish you fruitful engagements during this peace mediation.
I Thank You!
- Rt Honourable Speaker,
- Rt Honourable Deputy Speakers,
- Honourable Members,
- Distinguished Ladies and Gentlemen.
Good morning.
1. It is a great honour and privilege for the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to brief this august Assembly on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
2. This briefing is pursuant to Article 7.9 of the Revitalised Peace Agreement which mandates RJMEC to, among others, report quarterly on the status of implementation of the Agreement, followed by detailed briefings to the Executive of the Revitalised Transitional Government of National Unity (RTGoNU) and its Council of Ministers and the reconstituted Transitional National Legislative Assembly (TNLA).
3. Furthermore, RJMEC is mandated to brief the Chairperson of the IGAD Assembly of Heads of State and Government, the Chairperson of the IGAD Council of Ministers, the Chairperson of the African Union Commission, the Peace and Security Council of the African Union, the United Nations Security Council and the Secretary General of the United Nations.
4. Today is more than five-and-half years since the signing of the Revitalised Peace Agreement, more than four years into the Transitional Period and less than nine months to the elections scheduled for December 2024. The progress made to date shows that the South Sudanese leaders and people have collectively demonstrated that lasting peace, stability and development are possible and within reach.
5. In that regard, the collective will power and determination on the part of the RTGoNU Executive, and members of the reconstituted Transitional National Legislative Assembly are essential for the full implementation of the Revitalised Peace Agreement.
6. My briefing this morning is a summary of the RJMEC Quarterly Report covering the period from 1st January to 31stMarch 2024, and highlights the progress made in implementation of the Revitalised Peace Agreement, critical pending tasks, challenges and key milestones that need to be reached as South Sudan prepares for elections, noting that overall, there has been slow progress in the implementation.
Right Hon. Speaker, Honorable Members,
7. Under governance, progress has been made in legislative, judicial and institutional reforms. For example, the National Constitutional Amendment Committee completed its mandate of reviewing 24 pieces of legislation to conform to the Peace Agreement and international best practice. Of this about 10 have enacted into law, three (03) await assent of the President and five (05) are before this august Assembly and await enactment. RJMEC urges the expeditious enactment of these critical laws, including the National Security Service Bill which is long overdue.
8. On its part, the Judicial Reform Committee also completed its mandate and drafted its final report with recommendations on judicial reforms aimed at ensuring an independent and credible judiciary to the RTGoNU. This report is due for stakeholders validation and handover to the RTGoNU. RJMEC therefore urges the RTGoNU to support the JRC in this regard.
9. In addition, the National Elections Commission, the Political Parties Council and the National Constitutional Review Commission which were reconstituted in the previous quarter undertook a series of induction workshops, including development and validation of their internal policy documents, workplans and budget for implementation in line with their respective mandates. RJMEC understands that budget for the operationalisation of these critical institutions and mechanisms awaits tabling and approval by this August House and appeals for urgency.
10. On the Permanent Ceasefire and Transitional Security Arrangements, whereas the Permanent Ceasefire continues to hold among Parties to the Agreement, there are concerns regarding the activities of the National Salvation Front (NAS), including skirmishes with the SSPDF mostly in the southern part of Central Equatoria, as well as clashes between the SPLA-IO and defectors affiliated with the SSPDF such as General Simon Maguek in Unity State. Of similar concern is also intercommunal violence in areas such as Greater Pibor Administrative Area, and Jonglei and Upper Nile states with mainly civilians bearing the brunt.
11. Regarding completion of the unification of forces, there has been no substantive progress since the reported redeployment of 4,000 Phase I Necessary Unified Forces (NUF) during the last quarter. Similarly, there has not been any movement on the preparations for Phase II NUF training and the situation in cantonment sites remains dire. The unification of the middle echelon has been delayed. Further, the DDR process for all forces ineligible to join the NUF lacks funding from the RTGoNU and partners, therefore those troops remain in the training centres. DDR is a critical component of the unification process which should not be ignored. However, it is encouraging that the Strategic Defense and Security Review Board is now in the process of validating the security sector policy frameworks, its final step.
12. The humanitarian situation remains bleak with increasing needs and over nine million people requiring assistance. Continuing depreciation of the local currency, the South Sudanese Pound, has inflated food prices, which increased by 19 percent in February 2024 compared to January 2024, thus worsening the situation of the population, many of whom were already acutely food insecure.
13. The conflict in the Republic of Sudan has further excerbated the humanitarian crisis. By end of March, over 640,000 people were reported to have crossed into South Sudan from Sudan since 15 April 2023. Given the limited resources, responders were unable to provide adequate clean water, food, shelter and healthcare for the arriving populations. Overcrowding and unhygienic living conditions were reported in Bulukat and Renk transit centres in Upper Nile State. Taxation of humanitarian relief materials, illegal checkpoints, and insecurity along humanitarian corridors continued to undermine the R-ARCSS expectation that there will be unfettered access for millions of South Sudanese in need of humanitarian assitance from the United Nations and impartial international and national Non-Governmental Organizations (NGOs).
Right Hon. Speaker, Honorable Members,
14. The implementation of the Public Financial Management reforms has been slow within the quarter. The work of the PFM Oversight Committee is ongoing but has been faced with a few administrative challenges. It continued to monitor the non-oil revenue collection, which has progressively performed well as a result of recent reforms of the National Revenue Authority (NRA). However, data on oil revenue for the period has not been released following challenges posed by insecurity in Sudan on the lifting and export of crude oil respectively. Exports have been disrupted since the last week of February 2024.
15. Based on recommendations of the private sector development strategy, the business environment has been improved by formalising a good number of informal businesses. In addition, an innovative initiative launched by the UNDP and Stanbic Bank aim to provide microfinance for vulnerable youth, ex-combatants, returnees and IDPs. Despite these commendable activities, the relevant pieces of legislation to ensure sustainability have not been passed, namely the bills for the establishment of the Youth Enterprise Development Fund and the Women Enterprise Development Fund. Another important legislation that needs to be enacted is regulating non-bank financial institutions.
16. Under Transitional Justice, there has been no change during the quarter. During the last reporting period, the Council of Ministers deliberated and approved the Bills for the establishment of the Commission for Truth Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA). On 5 December 2023, the two Bills were tabled before this august Assembly for consideration for enactment.
17. Regarding the making of the Permanent Constitution, the National Constitutional Review Commission validated and adopted its draft internal documents. The Commission awaits funding in order to commence its work, including civic education, public consultation and the recruitment of the Constitutional Drafting Committee and the establishment of the Preparatory Sub-Committee for the convening of the National Constitutional Conference. Funding of the NCRC budget was approved by the Council of Ministers and now requires this august House immediate attention.
Right Hon. Speaker, Honorable Members,
18. The challenges impeding progress in the implementation of the R-ARCSS include, among others, lack of adherence to the letter and spirit of the R-ARCSS; military defections which continue to undermine the confidence in the R-ARCSS and in some instances trigger conflict; insufficient political will and trust among some Parties; insufficient resources for implementation of the Agreement; capacity gaps in the Agreement Institutions and Mechanisms and lack of political and civic space.
19. While the current focus continues to be on the holding of elections in a timely manner, due attention should be given to expediting the completion of the pending critical tasks, which are prerequisites to the conduct of credible elections within the framework of the Agreement. Foremost among those are unification of forces and the making of a permanent constitution. There is also a need for this august Assembly to prioritize and ensure the passage of the Agreement related legislation most particulaly the National Security Service, CTRH and CRA Bills. Passage of the NSS Bill in its current form, as agreed by the Parties at Presidency level, will help in the deepening and further protection of political and civic space in the build-up to elections. The transitional justice bills once passed will allow for the establishment of the critical mechanisms that will spearhead the processes of truth telling, justice, healing, reconciliation, compensation and reparations, In addition, following through on the establishment of the Special Reconstruction Fund will help channel additional resources to deal with the growing humanitarian situation and address the needs of the returnees and Internally Displaced Persons (IDPs).
20. In light of the aforementioned, the RJMEC recommends the Parties to the Agreement and Relevant Stakeholders to provide clarity on how it will complete the critical pending tasks and create the necessary conditions for the conduct of elections in a timely manner. It further recommends that they should embrace the call for dialogue in the spirit of collegiality and present to the people of South Sudan a unified plan for elections, with practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections.
21. In addition, the RJMEC recommends that the RTGoNU considers undertaking the following measures:
a. Expedite additional funding to the NCRC and NEC in order to enhance the making of a people-led and a people-owned Permanent Constitution in accordance with provisions of the Constitution Making Process Act 2022, and provide resources to undertake the election-related tasks;
b. provide resources for the elections process while engaging with the international community to support its efforts;
c. together with partners, expedite judicial reforms based on the JRC recommendations in a manner that compliments the permanent constitution making process and the conduct of elections;
d. fast-track the dialogue towards achieving its goal of delivering a clear path as well as actionable political guidance on the way forward in an effort to sustain peace throughout the country;
e. address the ongoing intercommunal violence consistent with its obligations to maintain security throughout the country;
f. provide, as a matter of urgency, all the resources necessary to deploy the remaining NUF, complete harmonisation of the command structure so that the country can have a unified force with a national character under one Commander-in-Chief and fund the DDR process, a critical component of the unifcation of forces; and
g. establish the Special Reconstruction Fund with a view to helping to address the ongoing humanitarian crisis in the country.
22. Further, RJMEC appeals to the TNLA to expedite enactment of all pending amendment bills, including the National Security Services Bill, NGO Amendment Bill, and Transitional Justice bills and, to support the process of funding the constitution and election-making processes.
23. It further urges the TNLA to encourage the Parties to conduct the dialogue process in a manner that enables the acheivement of its goal of delivering a clear path towards to sustainable peace throughout the country;
24. In conclusion, the end of the Transitional Period is less than 12 months as scheduled, yet very critical tasks remains unimplemented. It is essential that this August House galvanized the Parties to consolidate the peace dividends achieved since the Revitalised Peace Agreement was signed in 2018 and agree on a clear path for a peaceful and democratic end to the Transitional Period..
I Thank You!
- Hon. Dr. Riang Yar Zuor, Chairperson of the NCRC
- Dr. Awak Bior Ajang, Deputy Chairperson,
- Hon. Abraham John Nantana, Secretary General,
- Members of the Commission,
- Your Excellencies,
- Distinguished Ladies and Gentlemen
Good morning,
1. I am honoured to address you all, this morning, on this very important and momentous occasion. Today’s induction of the members of the reconstituted National Constitutional Review Commission (R-NCRC) is historic for two main reasons.
2. First, it is because of the critical importance of the permanent constitution under the Revitalised Peace Agreement in anchoring lasting stability, a peaceful transition and good governance after the Agreement; and secondly, because of the high expectation from us all and the public on this reconstituted Commission to realise the making of a people-led and people-owned permanent constitution, that will enshrine the collective wishes and aspirations of the people of South Sudan on how they wish to be governed.
3. My brief remarks this morning will therefore centre on only these two aspects, namely: the importance of the permanent constitution under the Revitalized Peace Agreement and the critical role of the reconstituted NCRC to ensure that the permanent constitution is made and reflects the will and aspiration of the people of South Sudan.
4. On the first point, the Permanent Constitution as envisaged in the Revitalised Peace Agreement is sine qua non to the realisation of lasting peace and good governance in the Republic of South Sudan. The success or failure of this over 5 years Transitional Period will highly depend on the promulgation of a popular constitutional arrangement that fulfils the aspiration of the people of South Sudan in its diversity. The permanent constitution is expected to plant the seeds and become the cornerstone of constitutionalism and good governance in this country after the elections.
5. As you may recall, in the preamble of the R-ARCSS, the Parties to the Revitalized Peace Agreement, inter alia declared as follows, and I quote:
“Mindful of our commitment under the TCRSS 2011 as amended, to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law; Deeply regretting the scale of untold human suffering that had befallen our country and people as a result of disregarding this commitment; and determined to compensate our people by recommitting ourselves to peace and constitutionalism and not to repeat mistakes of the past…”.
6. In this regard, one of the core tasks of the RTGoNU is to ensure that the Permanent Constitution-making process is successfully carried out and completed before the end of the Transitional Period (see Art. 1.2.5). The process is pivotal in that the provisions of the Permanent Constitution are expected to guide the conduct of elections at the end of the Transitional Period (Art. 1.20.5). Accordingly, under Article 1.20.6 of the R-ARCSS, the National Elections Act 2023 is expected to be amended to conform with the provisions of the Permanent Constitution upon its promulgation. The RTGoNU and Parties to the Agreement, therefore, should not renege on this solemn commitment, and deny the people of South Sudan this golden opportunity.
7. In addition, and as clearly stated in the concept note for this induction workshop, as well as stipulated in the Constitution Making Process Act 2022, the permanent constitution is expected to be based on inter alia: the supremacy of the people of South Sudan; initiate a federal and democratic system of government that reflects the character of South Sudan; guarantee peace and stability, national unity and territorial integrity of the Republic of South Sudan; promote peoples participation in the governance of the country through democratic free and fair elections and the devolution of powers and resources to the states and counties and respecting ethnic and regional diversity and communal rights including the rights of communities to preserve their history, develop their language, promote their culture and expression of their identities, to mention but just a few. There is no doubt that the Permanent Constitution when made in an inclusive and participatory manner, will go a long way in addressing all the root causes of conflicts in this country.
8. On the second point, regarding the pivotal role of this reconstituted Commission in realising the promises for a South Sudanese-led and South Sudanese-owned Permanent Constitution, I only wish to state as follows: this Commission owes the people of this country a huge sense of purpose and responsibility.
9. In this regard, I would like to first congratulate all of you upon being entrusted with this enormous and consequential responsibility to guide the country in the making of what will be a historic grand norm, the Permanent Constitution.
10. Secondly, I assure you all that you are constitutionally mandated to guide the country going forward on how to arrive at a people-led and people-owned permanent constitution. In this regard, the Commission is entrusted to, inter-alia:
a. Formulate its own rules of procedure;
b. Develop its work plan;
c. Recruit members of the various committees
d. Facilitate and promote a multi-phased and multi-faceted civic education and guarantee the accessibility of civic education materials to all sectors of the public;
e. Conduct multi-phased and multifaceted public consultation, which covers all constitutional issues of relevance in collaboration with non-state actors supported by public media platforms;
f. Receive, analyse, and consider inputs and submissions from public participation and consultations;
g. Transmit the outcome of public consultations to the drafting Committee
h. Validate the draft constitutional text;
i. Publish the first draft constitutional texts;
j. Present to the National Constitutional Conference (NCC) and the CDC, a report containing the outcome of the first stage of public consultations, and conduct civic education following the adoption of the Permanent Constitution.
11. As RJMEC, the Commission can count on our full support. I appeal to the Commission to live up to its expectations and discharge its aforementioned mandate as per the Revitalized Peace Agreement, and the Permanent Constitution Making Process Act 2022. It is critical to note that going by the roadmap timelines, we are far behind schedule and therefore time is of the essence. The R-NCRC is expected to get up and running without any further delays. Consequently, it is imperative that the Commission use this induction workshop, to swiftly consider and adopt practical rules of procedure, endorse the draft budget, and action plan, as well as agree on a practical strategy to immediately commence civic education and robust public consultation campaigns, to promote public debate and awareness on critical constitutional issues.
12. Pursuant to article 7.8 of the Revitalized Peace Agreement, the reconstituted NCRC will be expected to report on the status of its work to RJMEC and also regularly brief the RJMEC monthly plenary. Lastly, as the Chairperson of RJMEC, I must say that I am confident that this Commission, with the support from the RTGoNU and partners, will deliver on its mandate.
13. Finally, let us all pull together and serve this nation with dedication and make our space in the constitutional history of this country.
14. I wish you all fruitful deliberations during the workshop.
I Thank You.
- Excellencies
- Honourable Members of Parliament
- Distinguished Guests
- Ladies and Gentlemen
Good morning to you all!
1. I would like to commend the organisers for this timely and relevant workshop as South Sudan prepares for elections to choose its leaders, reflecting the democratic aspirations of its people as enshrined in the Revitalised Peace Agreement. I am happy to see that women leaders were accorded a separate meeting, as this will provide a conducive environment for the exploration of gender sensitive options under the theme “Uniting for a Peaceful Political Transition and Elections in South Sudan”. The gathering of women leaders together for this important task also gives credence to the key role that women play and must continue to play in the implementation of the peace agreement. It further gives recognition that indeed the meaningful inclusion of women leads to more durable peace and development.
2. In the year 2000, the United Nations Security Council (UNSC) adopted the landmark UNSC Resolution 1325 on Women, Peace and Security. This resolution urges member states to ensure the prevention of conflict against women, promote the protection of women during conflicts, and ensure the participation of women in conflict resolution and post-conflict reconstruction of their communities. This resolution further urges member states to increase the representation of women at all decision-making levels in national, regional, and international institutions. South Sudan became a member of the United Nations after its independence in 2011 and endorsed UNSC Resolution 1325.
3. The African Charter on Democracy, Elections and Governance adopted in 2004 to which South Sudan ratified in 2014, requires political parties to create the necessary conditions for full and active participation of women in the decision-making processes and structures at all levels as a fundamental element in the promotion and exercise of a democratic culture. It further requires political parties to take all possible measures to encourage the full and active participation of women in the electoral process and ensure gender parity in representation at all levels, including legislatures.
4. This therefore calls for women to develop strategies that will enable them to get involved and establish their roles throughout the peace process, the elections period and generally in the social political and economic reconstruction of the society. Women must be enabled to participate in all political spheres including the transition process. Their inclusion must not be superficial but of such a nature that tangibly impacts the lives of women and girls. It is therefore time to recognize the role and power of women in the peace-process and in shaping the future of post-conflict South Sudan.
Distiquished Ladies and Gentlemen
5. Women in South Sudan make up more than 50% of the population but don’t fair well in terms of representation at the political level, be it at the Executive, state, county or any other level. In the course of monitoring the Peace Agreement during the Transitional Period, RJMEC noted that, overall, the appointments to the Executive fell short of the required minimum of 35% women’s representation as provided for in article 1.4.4 and 1.12.5 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R–ARCSS). In the most recent appointments to reconstitute the election related institutions, women got 33% in National Constititution Review Commission, 22% in the National Electoral Commission and 50 % in the Political Parties Council. Only the Political Parties Council (PPC) met the minimum threshold expected by the Revitalized Agreement; not to mention that there is only one female governor out of ten in the Country.
Consequently, I would like to underscore the importance of gender inclusion and mainstreaming in all aspects of the peace process and more importantly in political leadership. It is imperative to ensure deliberate and conscious consideration of women in all political and institutional processes and in accordance to the Agreement mandated minimum threshold level of 35%, as this is a fundamental and key requirement in reducing inequalities.
6. Women have borne the brunt of politically motivated violence (including sexual and gender based violence) during conflict and many a times get targeted solely due to their gender. Women face a myriad of many challenges such discrimination due to the culture of patriarchy, lack of awareness on political processes, low literacy levels and lack of support to compete for leadership positions. Women politicians need to be empowered economically, in order to compete on equal footing with men. Without sound economic support women cannot compete in an uneven environment where the wealth is basically monopolized by the few who are predominantly men. It also requires political leadership, strong legislation and effective mechanisms to force compliance, along with extensive education and awareness-raising in the community and in the media and other spaces.
7. On the other hand and with all due respect, women should not hesitate to use existing post-conflict opportunities to enhance their political influence; they should leverage women's networks, other networks and organizations to gain access to political opportunities; they should maximize the exisiting opportunities to challenge gender biased systems and push for the review laws and policies that undermine their positions; they should persuade and push for strong women leaders to take up the leadership mantle and drive the right agenda forward. Women should strive to learn the rules of the game, which unfortunately are based on male connotations. They should also consider identifying and aligning with male allies who are supportive of women empowerment objectives to champion their cause.
8. This notwithstanding, political parties must still play their role in ensuring the substaintive political representation and participation of women in various way including through the adoption of decisive and effective strategies and practices. Parties must provide opportunities for women in the process of political decision-making, through adaptation of appropriate legal, administrative and procedural rules, regulations and codes of conduct, that would enable the parties to meet such noble objectives. While women's space at the decision-making tables, during the post-conflict reconstruction efforts, has historically been absent or marginal, today an increasing numbers of women and women's groups are realizing the significance of their active participation and contribution to the peace process.
Distiquished Ladies and Gentlemen
9. This workshop therefore provides renewed opportunity to reflect on the challenges women face in the electoral political space and propose lasting solutions. The Revitalized Peace Agreement sees women as central players and proposes the mainstreaming of gender and women enhancing representation in responsibility sharing. The Agreement expects women to be provided opportunity and are expected to serve at all levels of governance.
10. As you deliberate, I would like to suggest that in your deliberations you consider regional standard and best practices such as international human rights instruments like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and The Protocol to the African Charter on Human and People’s Rights (ACHPR), on the Rights of Women in Africa commonly referred to as the Maputo Protocol which call for gender equality and women’s meaningful participation in the political, economic and social-cultural spaces. Additionally, consider borrowing from domestic legal frameworks including the Permanent Ceasefire of the R-ARCSS that seeks to address and prevent violence against women in the Transitional Period.
11. In conclusion, I am hopeful that your efforts here today will inform the eventual codes of conduct which I believe are essential tools in regulating all actors during the elections period, and will help protect women in all phases of the electoral process, increase women participation for the democratic process as well as address the conflict targeted at women for whatever reasons.
12. To the women leaders of South Sudan, I wish to encourage you to continue the good fight for justice and inclusion. Your demands for inclusion should be seen as part of the long arch of the moral universe that always bends towards truth, justice and freedom. May your efforts resoundingly impact the current and future generations of women that will follow in your footsteps in the quest for a better South Sudan.
13. I wish you fruitful deliberations. I also wish you all a Merry Christmas and Happy New Year 2024 !
I Thank You!
- Excellencies
- Honourable Members of Parliament
- Distinguished Guests
- Ladies and Gentlemen
1. Good morning. I would like to thank the organisers of this event for putting together this workshop at this timely moment. I also wish to commend the Parties for their attendance and their continued commitment to the implementation of the Revitalized Agreement.
2. The Political Parties Forum is an important framework to enhance political space for members of political parties to build trust, share information, reconnect, negotiate political issues, and promote political space for all political actors. RJMEC has had the opportunity to participate in several of these forums at national and state level and can attest to their positive impact.
3. I am aware that during this year, these forums have provided Parties with the opportunity to dialogue on several issues in support of the implementation of the R-ARCSS. These discussions have included among others the status of implementation of the Roadmap, electoral timelines and processes, the roles of political parties in the democratic transition, the expansion of the political and civic space, the creation of a level playing field for all parties in the election process, and the development of strategies to further trust and confidence building between political parties. This is indeed commendable.
4. Therefore, it is important to understand that political parties are essential for democracies to function, as well as for the promotion of peace and stability and the prevention of violent conflict. Their functions, representation, interest aggregation and articulation, recruitment of electoral candidates and the formation of government, cannot be duplicated by any other civil society or private organization.
5. Democratization is always a politically contentious process, and this is particularly true in volatile post-conflict settings. Without strong political and state institutions, components of democratization such as elections and political party competition can raise tensions or, in extreme cases, lead to renewed conflict. Therefore, it is essential to support inclusive multi-party dialogues in order to help parties to overcome mistrust and suspicion, which often obstruct pragmatic dialogue on national political concerns.
6. A multiparty system cannot function effectively in a country emerging from a post conflict situation, when there is no willingness to discuss divergent views, where trust is eroded and no one party is willing to seek consensus and mutual understanding. However, political parties’ development and multiparty dialogues are necessary steps towards the creation of stable, democratic political systems that can be conducive to development, the protection of human rights, conflict prevention and resolution of conflict.
7. The stability and effectiveness of a political party system is not only determined by its legal framework, but by the checks and balances within the system, and the parties’ organization and general democratic practices within the party. The stability and effectiveness of political parties hinge upon the existence of mechanisms for parties to engage in interparty dialogue and cooperation, especially in a post conflict situation.
Distinguished Ladies and Gentlemen,
8. According to the Revitalised Agreement, elections are due to take place about one year from now in December 2024 and 60 days prior to the end of the Transitional Period. The Agreement requires that the elections birth a democratically elected government and should be free, fair, credible and reflect the will of the electorate. Credible elections and election processes are therefore a vital corner stone in the laying of the foundation for a united, peaceful and prosperous South Sudan.
9. The Revitalized Agreement prohibits the Parties to the Agreement from committing certain acts by the Permanent Ceasefire during the Transitional Period which includes the electoral period. Actions such as engaging in hostile propaganda or hate speech including social media to foment ethnic or secretion hatred are prohibited. Violent actions such as attacking the civilian population, sexual and gender-based violence are also strictly prohibited. Parties are also required to take specific positive measures such as protection of the media, civil society and the most vulnerable population in the Transitional Period. The Revitalized Agreement requires the Parties to ensure accountability against their own members in the event of any such breaches.
It is important for the parties to consider drawing lessons from the experience of the Permanent Ceasefire, of which we have so far achieved in terms of continued observance, on the one hand and making all effort to ensure safety and credibility of elections that is nonviolent.
10. Furthermore, the National Elections Act provides that the National Election Commission should develop legally binding codes of conduct for persons who wish to participate in elections such as candidates, parties and others. It is therefore important for South Sudan to consider drawing up such rules that circumscribe acceptable and unacceptable conduct of those who participate in elections so that they can be free, fair and credible.
11. In addition, the African Union Peace and Security Council, at its 1186th Meeting held 16thNovember 2023 in Addis Ababa Ethiopia, through its Communique, urged the parties to negotiate a code of conduct and sign it with full authority to commit themselves to fairness, respect, accountability and acceptability to South Sudan regardless of appointments or results of the elections.
12. With this in mind, I therefore urge the parties to robustly engage with each other bearing in mind that a broad, inclusive dialogue among all political parties helps to build relationships based on trust, democratic tolerance and transparency and facilitates the exchange of good practices. This constructive dialogue can help build consensus on practical steps that can be taken to secure the electoral environment for the country and ensure attainment of necessary milestones including the timely conduct of elections.
Distinguished Ladies and Gentlemen,
13. This September 2023 marked five years since the Revitalised Peace Agreement was signed in September 2018. South Sudan has now experienced the longest period of peace and stability since its independence in 2011. This is a commendable achievement for which I congratulate the Parties and the people of South Sudan. Clearly the theme of this convening being “Uniting for a Peaceful Political Transition and Elections in South Sudan” is quite appropriate considering where we are, in the implementation process. I commend the organizers for choosing this theme and wish you all fruitful deliberations.
14. I wish you good tidings for the holidays, a Merry Christmas, and a Happy New Year.
I Thank You.
- Major General Hailu Gonfa Eddosa, Chairperson of CTSAMVM,
- Distinguished Members of the CTSAMVM Board,
- Ladies and Gentlemen,
Good morning!
1. At the outset, allow me to thank Major General Hailu Gonfa Eddosa, Chairperson of CTSAMVM, for his leadership of this very important mechanism since his he became Chairperson. General, as always, I would like to assure you of RJMEC’s full support and cooperation as you lead CTSAMVM at this critical time in the South Sudan peace process.
2. I welcome the resumption of the sittings of the CTSAMVM Board, especially after aborted Board meeting of 26 July 2023. CTSAMVM is a critical Agreement mechanism with the mandate of monitoring, verification, compliance and reporting on the status of the Permanent Ceasefire and Transitional Security Arrangements.
3. As you are all aware, CTSAMVM has made valuable contributions to the peace process, including in the continuous monitoring of the permanent ceasefire, underscoring of the protection of civilians, investigating and verifying alleged violations, including helping in the fight against sexual and gender-based violence (SGBV).
4. To that end, CTSAMVM has submitted many verified violations reports to RJMEC and IGAD since the signing of the R-ARCSS in 2018 and remedial actions were undertaken on the basis of such reports. I commend CTSAMVM for such dedicated contributions which enhanced confidence of the Parties, the region, and partners in the institution and, by extension, enhanced overall confidence in the peace process.
Distinguished Members,
5. Since July 2022, CTSAMVM has faced serious logistical and operational challenges when the US Government withdrew its funding to the mechanism. Despite the marked reduction in funding, CTSAMVM has continued to perform its functions and has adapted accordingly. However, like for many of us, the new funding situation has necessitated reforms and streamlining, which included a reduction in the number of its international monitors.
6. Besides, the initial funding stream from the RTGoNU for the national monitors that was very critical, dwindled. The delays in the payment of the allowances of the National Monitors affected their morale, resulting in their boycott of work for some time. The matter was addressed following funding support received from the Government of Japan. This resulted in the resumption of work by the National Monitors.
7. I would like to underscore the critical role that the National Members within CTSAMVM play in providing balanced party perspectives in their reports, and for this to be performed at maximum effectiveness, there is a need for cooperation, coordination and understanding to strengthen the requisite conducive working atmosphere.
8. That notwithstanding, CTSAMVM meetings were interrupted in April 2023 due to some concerns by the Senior National Representatives. As you are aware, four CTC Senior National Representatives wrote a letter, dated 22nd May 2023, addressed to H.E. Dr Ismail Wais, IGAD Special Envoy for South Sudan, and the Interim Chairperson of RJMEC and copied to you, on the subject of ‘Challenges Facing Functions and Operations of CTSAMVM”. This letter, in summary, highlighted five key issues, namely the CTSAMVM structure; leadership; finance and the Terms of Reference of the CTSAMVM Board and CTC.
9. The four CTC members also indicated that their issues must be resolved before they would resume work. To date, their boycott has affected the smooth functioning and operations of CTSAMVM.
10. Pursuant to articles 7.7 and 7.8 of the R-ARCSS, RJMEC is mandated to provide oversight to the work of all the Agreement Institutions and Mechanisms, including CTSAMVM. As an institution of IGAD (sub-article 2.1.10.5 of the R-ARCSS), CTSAMVM is mandated to regularly report to IGAD and RJMEC. Consequently, IGAD is central in the administrative and operational management of CTSAMVM.
Distinguished Members,
11. In response to the letter, I held separate meetings with the concerned parties, CTSAMVM leadership, and later with the IGAD Special Envoy for South Sudan and the IGAD Executive Secretary. Thus, in the course of my extensive consultations with the leaderships of CTSAMVM and IGAD on this matter, it was established that most of the issues raised were structural and administrative, occasioned primarily by the lack of clarity and/or misinterpretation of CTSAMVM’s administrative and operational structure under the Revitalised Peace Agreement.
12. To address this, IGAD reviewed, streamlined and endorsed the Terms of Reference of the CTSAMVM Board, and the Chairperson of CTSAMVM. Copies have been provided to you for your reference.
13. IGAD also provided guidelines to RJMEC, as an oversight body of the R-ARCSS, to draft the CTC Terms of Reference (ToR) which are supposed to be in harmony with the endorsed Terms of Reference of the Board and the Chairperson of CTSAMVM, and in accordance with the current financial and operational realities of CTSAMVM.
14. Consequently, on 26 July 2023, the CTSAMVM Board was convened so that the CTSAMVM Chairperson and I could brief the Board on the work that had been done to address the concerns presented by the four Senior National Representatives, as well as present to the Board the new ToR of the Chairperson, the Board, and the draft ToR for the CTC for approval by the Board. Unfortunately, the Board meeting was aborted due to the absence of some Board members.
15. Following this setback, I met with H.E. Riek Machar Teny the First Vice President, H.E. Hussein Abdulbagi, Vice President, Hon. Tut Gatluak, Presidential Security Adviser, and Hon. Minister Martin Lomuro, Minister of Cabinet Affairs, in an effort to resolve the CTC challenge. Recently, I convened another meeting with the four Senior National Representatives and the CTSAMVM leadership, and agreed to form a joint committee to review the CTC ToR. Last week the Committee presented to RJMEC its report and a revised CTC ToR. Following a constructive discussion, a consensus draft CTC ToR was reached.
Distinguished Members,
16. The purpose of today’s Extra-Ordinary Board Meeting is to brief the Board on its IGAD approved revised ToR and that of the Chairperson, as well as on the draft ToR of the CTC which the Board is required to approve. The approval of the CTC ToR will unlock the work of the CTC that has stalled since April this year. Importantly, the nine pending violation reports will immediately be processed, submitted to the RJMEC and IGAD, and finally published. This will enable the Parties to act and provide the necessary remedies to the violations, including accountability.
17. In conclusion, with the CTC challenge behind us, we need to turn a new page and renew our efforts, especially as we get closer to elections were CTSAMVM is most needed to be more robust in its work in the event of likely increase of violations. In this regard, it is critical that RJMEC, IGAD and the international partners work closely in support of this very important Agreement mechanism.
18. I wish you all fruitful deliberations in the review and subsequent consideration of the CTC Terms of Reference.
I Thank You.
- Your Excellency Gen. Salva Kiir Mayardit, President of the Republic of South Sudan;
- Your Excellency Dr Riek Machar Teny-Dhurgon, First Vice President of the Republic of South Sudan and Chair of Governance Cluster;
- Your Excellency, Dr James Wani Igga, Vice President of the Republic of South Sudan and Chair of Economic Cluster;
- Your Excellency, Gen. Taban Deng Gai, Vice President of the Republic of South Sudan and Chair of Infrastructure Cluster;
- Your Excellency, Hussein Abdelbagi, Vice President of the Republic of South Sudan and Chair of Services Cluster;
- Your Excellency, Rebecca Nyandeng De Mabior, Vice President of the Republic of South Sudan and Chair of Youth and Gender Cluster;
- The Rt Hon. Jemma Nunu Kumba, Speaker of the Reconstituted TNLA;
- Honourable Ministers;
- Your Excellencies Governors, Chief Administrators of the Administrative Areas, and Deputy Governors;
- Your Excellencies Ambassadors,
- Distinguished Ladies and Gentlemen,
Good morning!
1. It is my great honour to address the 7th Governors’ Forum this morning, in my capacity as the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). At the outset, I would also like to take this opportunity to congratulate His Excellency the President, Salva Kiir Mayardit, the Revitalised Transitional Government of National Unity (RTGoNU) and the people of South Sudan, for taking the additional responsibility of chairing the seven-member State organisation of the East African Community. This responsibility further places South Sudan into regional and international focus at this critical period of her political life, as the country gears up for elections. Consequently, the approach, speed, commitment, and adherence by the RTGoNU on the implementation of the Revitalised Agreement on the Resolution to the Conflict in the Republic of South Sudan (R-ARCSS), will be very crucial and imperative, in enhancing regional and international trust and confidence of the country and its leadership of the East African Community. I would therefore like to once again emphasise the responsibility of the RTGoNU executives at national and state levels to ensure full and timely implementation of the Revitalised Agreement.
2. I would like to commend the Ministry of Presidential Affairs and the Office of the President, with support from the UNDP and UNMISS, for continuing to organise this influential event. The key issues that have been set for consideration by this Forum include public finance management, the role of Governors and Chief Administrators in readying South Sudan for elections, and addressing national humanitarian challenges.
3. This Forum is taking place at a critical time, given that elections are scheduled to take place as per the Roadmap in 13 months from now. Therefore, it is entirely appropriate that the theme of this year’s Governors’ Forum is ‘Fostering National Cohesion: South Sudan’s Path to Peaceful Transition for Democratic Governance.’ It is clear that the prospect of elections is accompanied by optimism and uncertainty among the people of South Sudan, therefore the emphasis on national cohesion is welcome.
4. The recent steps forward, in the implementation of key Peace Agreement tasks help to allay some of the uncertainty, but this needs to be accompanied by more progress. Accordingly, I believe it is important to recall last year’s theme, which was: ‘Accelerating the implementation of the Revitalized Peace Agreement in accordance with the Roadmap 2022.’ Clearly, even today, acceleration of implementation of the Revitalised Peace Agreement is still needed. This is evidenced by the fact that there is slow progress in the implementation of the Agreement since the last Governors’ Forum.
5. My statement this morning, as per the mandate of RJMEC, will provide a chapter-by-chapter update on the status of implementation of the Revitalised Peace Agreement. I will also highlight key pending tasks, recurring challenges, and conclude with some reflections.
Excellencies,
6. Regarding the status of implementation of the Revitalised Agreement, concerning governance, since the last Governors’ Forum, the reconstituted Transitional National Legislative Assembly (TNLA) has passed several amendment bills, including: the National Revenue Authority, the Anti-Corruption Commission, the Banking, and the Bank of South Sudan, which now await Presidential assent. Furthermore, the National Elections Act and the Constitution-making Process Act were enacted, both critical pieces of legislation for the conduct of elections, as per the Peace Agreement. However, the National Security Services Bill, the National Audit Chamber Bill and the Public Finance Management and Accountability Bill are awaiting enactment by the reconstituted TNLA.
7. At the start of this month, November 2023, the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC) were reconstituted. These institutions are mandated, among others, to register, oversee and regulate activities of political parties; drive forward the permanent constitution-making process; and prepare and conduct elections respectively. The timely operationalisation and adequate resourcing of these key institutions is needed to ensure their effective functioning, and will also pave the way towards the expansion and protection of civic and political space.
8. The restructuring and reconstitution of the Institutions and Commissions at the national level, such as the Land Commission, the Independent Fiscal and Financial Allocation Monitoring Commission, and the Anti-Corruption Commission, among others, which were to have been completed in 2022, according to the Roadmap, are still pending.
9. Furthermore, the Agreement provides for judicial reforms in the Republic of South Sudan during the Transitional Period. Pursuant to this requirement, the ad hoc Judicial Reform Committee (JRC) was established to study and recommend appropriate reforms of the judiciary. Since its establishment in June 2022, the Committee made some strides towards its mandate. It held consultations in the Greater Upper Nile, Greater Bahr el Ghazal and Greater Equatoria regions, as well as in the Greater Pibor Administrative Area. Recently, its work stalled due to funding constraints for its leadership. Completion of this Committee’s work will inform the next steps in the reforms of the judiciary and is directly linked to, among others, review of the Judiciary Act, reconstitution of the Judicial Service Commission, and the establishment of an independent Constitutional Court.
10. In terms of security, the Permanent Ceasefire largely holds despite sporadic skirmishes. On 15 November 2023, the first phase of redeployment of the military component of the 55,000 graduated Necessary Unified Forces (NUF) commenced. The Revitalized Transitional Government of National Unity (RTGoNU) is encouraged to continue and complete this process. Training and subsequent redeployment of Phase 2 of the unified forces is yet to commence, though its completion would significantly contribute to the peace and security of the country before, during and after elections.
11. Furthermore, the Strategic Defence and Security Review Board completed the drafting of the security policy documents, which await validation. The completion of this comprehensive security assessment, including the formulation of defence and security policies, is a critical requirement which will lead to security sector transformation, thus promoting and defending the sovereignty and dignity of South Sudan and its people. Similarly, there are concerns that the Disarmament, Demobilisation and Reintegration (DDR) has not been seriously addressed or resourced. This is an important process for peace and security, as it ensures that those who are ineligible for the unification are managed and enabled to return to civilian life through DDR programmes.
12. The Ceasefire and Transitional Security Arrangement Monitoring and Verification Mechanism (CTSAMVM), continues to work, albeit with operational challenges arising from funding and administrative issues. These challenges notwithstanding, CTSAMVM has produced nine violation reports since May 2023. The reports have not been published because the CTSAMVM Technical Committee (CTC) and the Board have not met since then. The issue of the Technical Committee is being handled by the Principals of the Parties
13. On the other hand, intercommunal violence and activities of some holdout groups continue to be a source of insecurity in several parts of the country. Security matters at the subnational level require collective responsibility and collaboration at all levels of government, especially at this time as the country prepares for elections.
Excellencies,
14. The humanitarian situation remains dire, and continues to worsen due to widespread flooding, high levels of food insecurity, and the influx of those fleeing the conflict in Sudan. Meanwhile, international humanitarian support is reducing. Consequently, to meet some of these challenges, the Agreement provides for the establishment of the Special Reconstruction Fund and Board. Upon its establishment, the RTGoNU is expected to provide the Fund with USD 100 million per annum. This Fund would help address humanitarian needs in South Sudan, with priorities given to conflict affected states and areas, including the protection of IDPs, returnees and families affected by the conflict.
15. Regarding resource, economic and financial management, overall, public financial reforms have been slow. Nevertheless, the Public Finance Management (PFM) Oversight Committee continues to ensure the implementation of a medium-term economic and financial management reform programme. For example, the reforms have resulted in improved transparency in reporting on oil and non-oil revenue, and meanwhile, the setting up of a Single Treasury Account is underway.
16. Considering that this Governors’ Forum has expressed a focus on public finance management, it is worth highlighting some key areas that are in need of greater attention and progress, These include:
a) completion of the audits designed to enhance the transparent management of the petroleum resources, such as the cost recovery audit and environment audit;
b) completion of the audit of the RTGoNU’s Financial Statements from 2011, and the banking laws to be assented to by the President;
c) review of the independent Fiscal and Financial Allocation Monitoring Commission and the terms of increment and formulae for the sharing of natural resource wealth amongst states and communities, and devolution of powers and resources;
d) closing any Petroleum revenue accounts other than those approved by law;
e) finalisation of the relevant legislation and operationalisation of the National Audit Chamber and the Anti-Corruption Commission.
Excellencies,
17. On Transitional Justice, following public consultations, study tours to The Gambia and South Africa and an international conference held in Juba, the bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) were drafted, endorsed by the Council of Ministers, and now await tabling before the reconstituted TNLA. In view of this Forum’s theme on social cohesion, the timely establishment of these two bodies should be given the utmost priority. As for the Hybrid Court for South Sudan (HCSS), no progress has been made thus far towards its establishment.
18. The Permanent Constitution is a critical requirement for the conduct of elections in accordance with the Agreement. The people-led and people-owned constititution is also expected to initiate a federal and democratic system of government. In this regard, the recent appointment of members to the reconstituted National Constitutional Review Commission is a welcome development. However, much work lies ahead of the Commission in making the new constitution, including the recruitment of the Constitution Drafting Committee (CDC), the conduct of civic education, and public consultations. In addition, the establishment of the Preparatory Sub-Committee (PSC) for the convening of the National Constitutional Conference, which will deliberate and adopt the new constitution, is still pending.
Excellencies,
19. In spite of the progress mentioned, challenges continue to slow down the implementation of the Peace Agreement. They include, among others, inadequate funding to the Agreement Institutions and Mechanisms; trust deficit among the Parties; capacity gaps; inter-communal violence; insecurity caused by military defections and activities of holdout groups; severe flooding; influx of returnees and refugees fleeing Sudan; and reduced international funding.
20. In light of the aforestated, I would like to conclude with the following reflections on the theme of this Forum.
a) community security and social cohesion are two vital elements of preparations for elections and South Sudan’s peaceful transition. Therefore, initiatives aimed at addressing the root causes of intercommunal violence are important.
b) State Governments have a critical role to play in providing a conducive environment for the expansion and protection of civic and political space, the making of the permanent constitution, and the conduct of elections.
c) more broadly, national security would be strengthened by completing the unification of forces, and their deployment across the country to provide election-related security. In that regard, availing funding and political support to DDR programmes is essential, especially for those ineligible for the NUF.
d) it is clear that some states have been disproportionately affected by the growing humanitarian crisis, and in this regard, RJMEC continues to call for the establishment of the Special Reconstruction Fund and Board, and the convening of the Pledging Conference. This would raise funds to help South Sudan respond to the humanitarian challenges faced.
e) concerning natural resource management, it is important to ensure the final endorsement of the 2023 Land Policy, review the Land Act, and establish an independent land registry at all levels of government for the issuance of title deeds.
f) the establishment and operationalisation of the Commission of Truth, Reconciliation and Healing and the Compensation and Reparation Authority will build public confidence, promote reconciliation and set in motion the process of healing and strengthening social cohesion.
g) a people-led and people-owned constitution is critical in pursuing the path to peaceful transition to democratic governance, and in this regard, the importance of expediting the constitution-making process cannot be overemphasised.
h) the centrality of social cohesion with gender perspective is key to reducing inequalities. Therefore, it is critical to ensure the participation of women in all political processes ahead; and in accordance to the Agreement-mandated minimum threshold level of 35%. Equally important is as well as giving deliberate due consideration to the Youth and People Living with Disabilities.
Excellencies,
21. In conclusion, it is expected that this high-level Governors’ Forum will deliberate and agree on concrete practical steps to address the challenges slowing down the implementation of the Revitalised Agreement as aforementioned. It is important to underscore the need for continuous dialogue, close collaboration and collegiality at all levels of government in order to strengthen the processes and institutions of governance nationwide.
22. In this way, the levels of social cohesion and public confidence needed to hold free, fair and credible elections can continue to be built. Thus, delivering on the promises of the Revitalised Peace Agreement to the people of South Sudan and ‘to lay the foundation for a united, peaceful and prosperous society, based on justice, equality, respect for human rights and rule of law.’
I Thank You.
OPENING REMARKS BY AMBASSADOR BERHANU KEBEDE, RJMEC CHIEF OF STAFF, DELIVERED AT THE THIRD STAKEHOLDERS’ HIGH-LEVEL MEETING ON ENVIRONMENTAL RELATED ISSUED IN THE OIL PRODUCING AREAS AND THE STATUS OF IMPLEMENTATION OF THE 5% SHARE OF NET OIL REVENUES FOR OIL PRODUCING STATES AND COMMUNITIES 24-26 OCTOBER 2023
- Rt Honourable Speaker,
- Rt Honourable Deputy Speakers,
- Honourable Members,
- Distinguished Ladies and Gentlemen.
Good morning
1. I am honoured, as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), to brief the Reconstituted Transitional National Legislative Assembly on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This briefing is pursuant to Article 7.9 of the Revitalised Peace Agreement which mandates RJMEC to report quarterly to and brief this august House. It therefore covers the second quarter of this year, from April 1 to June 30, 2023.
2. During this period, I had the opportunity to brief H.E. Salva Kiir Mayardit, Presidentof the Republic of South Sudan, H.E. Dr Riek Machar, First Vice President, H.E. Dr William S. Ruto, President of the Republic of Kenya, and the United Nations Security Council on the status of implementation of the R-ARCSS.
3. In addition, I attended the 14th Ordinary Summit of the IGAD Heads of State and Government in Djibouti, and held substantive discussions with H.E. Dr Workneh Gebeyehu, Executive Secretary of IGAD and H.E. Dr Ismail Wais, IGAD Special Envoy for South Sudan. The focus of the RJMEC’s engagements highlighted above was to provide a detailed assessment on the status of implementation of the Revitalized Peace Agreement, raise concerns over the slow pace of implementation and highlight risks associated with the parties’ inability to complete implementation of the critical benchmarks required for the conduct of peaceful and credible elections in 2024. I also appealed for more support to the South Sudan peace process.
4. In light of the aforementioned, my briefing to this august House is a summary of the RJMEC Quarterly Report which was earlier forwarded to you. I will provide a chapter-by-chapter update on the status of implementation for the reporting period, highlight critical pending tasks in the Roadmap, particularly those critical for the conduct of elections, reflect on the recurring challenges and conclude with recommendations.
Rt Hon. Speaker, Honourable Members.
5. In terms of governance, some progress has been made by the ad hoc Judicial Reform Committee (JRC) pursuant to its mandate of studying and making recommendations to the RTGoNU for consideration on appropriate judicial reforms in the Republic of South Sudan. To that end, the JRC held regional public consultations in three States in the country in June 2023 so as to incorporate stakeholders’ perspectives to enrich its report.
6. The mandate of the National Constitutional Amendment Committee (NCAC) tasked by the R-ARCSS to draft, amend and review legislation which lapsed in May 2023 was extended by the RTGoNU for an additional six months to enable the Committee to complete its tasks. The following are the pending legislation to be reviewed and amended by the NCAC: the Non-Governmental Organisation Act, the Investment Promotion Act, the Mining Act, the Transport Act, the Pension Fund Act, and the Telecommunication Act.
7. On national elections, the Roadmap of the R-ARCSS provides that elections are to be held in December 2024. For this to happen, legal, security and institutional frameworks for holding credible elections should be in place by now. These benchmarks include, among others, enactment of the National Elections Bill, and reconstitution and full operationalization of the National Elections Commission (NEC) and the Political Parties Council (PPC). The National Elections Amendment Bill is before this august House for consideration to pave the way for reconstitution of the National Elections Commission.
8. Progress towards operationalisation of the Political Parties Council has been slow despite the enactment of the Political Parties (Amendment) Act in June 2022. The Political Parties Council is a crucial institution for the registration of political parties and will, among others, help to protect political and civic space for citizens' participation in all spheres of governance.
9. Regarding the Permanent Ceasefire and Transitional Security Arrangements, RJMEC observes that the Permanent Ceasefire has continued to hold. However, CTSAMVM reported two violations to RJMEC and IGAD regarding detention of an SPLA-IO officer and National Salvation Front (NAS) attack on SSPDF in Central Equatoria State. Clashes between civilians were also reported in the Malakal Protection of Civilians site.
10. Following the Phase I graduation of 55,000 troops between August 2022 and January 2023, there has been no further progress on the unification of the Necessary Unified Forces (NUF). The graduated forces are still in the Training Centres, yet to be redeployed and in dire need of logistical support. Additionally, there is no progress in Phase II of the unification of forces and the DDR process remains unfunded.
11. Despite the aforementioned setbacks, there has been some progress in the enforcement of accountability among the SSPDF who commit crimes against civilians. For example, the SSPDF conducted a General Court Martial (GCM) in Yei River County, Central Equatoria State, which heard 29 cases. These accountability efforts culminated in convictions for murder, rape, sexual harassment, and loss of weapons and ammunitions.
12. The National Police Service (NPS) and the Ministry of Justice and Constitutional Affairs (MoJCA) in collaboration with the University of Juba are implementing police reform initiatives. Furthermore, the National Police Service Directorate of Community Policing, launched the Voluntary Civilian Disarmament Strategy, which aims at voluntary disarmament of communities and enhancement of their protection.
13. On humanitarian assistance, the onset of rains and the influx of refugees and returnees from Sudan have exacerbated the already severe humanitarian needs in the country. This is compounded by the cumulative effects of prolonged intercommunal conflicts, long-term flooding and high levels of food insecurity. The disruption of trade routes between Sudan and South Sudan has also negatively affected the supply of food and other essential goods into South Sudan, resulting in scarcity and increase in prices. The overall humanitarian situation is worsened by shortage of basic services and limited funding to cover over nine million people already in need of humanitarian assistance and protection in South Sudan.
14. The long overdue establishment of the Special Reconstruction Fund (SRF) Board remains a concern especially in view of increasing needs and dwindling funding for humanitarian support, recovery as well as the implementation of chapter III of the Agreement. The purpose of the Special Reconstruction Fund is to avail funding to support, among others, reconstruction as well as relocation, resettlement and reintegration of the IDPs and returnees.
Rt Hon. Speaker, Honourable Members,
15. On the management of economic and financial resources, progress has been slow in implementing the provisions aimed at improving the systems geared to the efficient management of public funds. These systems must be put in place in a timely manner to ensure that the resources, financial or natural, are beneficial to the people of South Sudan.
16. South Sudan is experiencing challenges in land administration in defining the roles of the existing institutions at national, state and local government levels. Currently the country relies on the pre-independence 2009 Land Act, while each state has its own land policies, laws and regulations. The RTNLA is required to adopt the reviewed Land Policy which will go a long way in addressing challenges in the land sector, including land grabbing, boundary disputes, conflicts over access to pasture. Consequently, RTNLA should prioritise land related legislation to support these reform efforts.
Rt Hon. Speaker, Honourable Members,
17. There has been slow progress in implementing Public Financial Management reforms. It is critical that this august House expedites the enactment of the bills to support these reforms. As a result, a considerable number of provisions in this area have missed their benchmark dates as indicated in the Roadmap. There is need for transparency and accountability in order to attract international support for the execution of South Sudan’s sustainable peace and development agenda.
18. Regarding transitional justice, the RTGoNU convened a conference under the theme Building a Sustainable Transitional Justice System for South Sudan in May 2023 in Juba. The Bills for the Commission for Truth, Reconciliation and Healing and the Compensation and Reparation Authority have been drafted and submitted to the Council of Ministers for approval before presentation to this august House for enactment.
19. In terms of the permanent constitution-making process, a critical requirement for the conduct of elections and post-transition governance arrangements, very little progress has been made in the operationalization of the Constitution Making Process Act 2022. This august House passed this Bill and was assented to by His Excellency the President, in December 2022. The institutions required to drive the process forward, such as the National Constitutional Review Commission (NCRC) is still not reconstituted and the Constitutional Drafting Committee (CDC) and the Preparatory Sub-Committee for the National Constitutional Conference (NCC) are not yet established.
Rt Hon. Speaker, Honourable Members,
20. In conclusion, during the period under review, very little was accomplished with regard to improving the overall pace of implementation of the Revitalised Peace Agreement. Overall, tasks related to the permanent constitution-making and electoral processes have stalled, and critical benchmarks outlined in the Roadmap are yet to be implemented.
21. In light of the aforementioned, the report makes the following recommendations:
21.1. To the Parties to the Agreement and Relevant Stakeholders, submit lists of their nominees to the various Constitution-making mechanisms;
21.2. To the Reconstituted Transitional Government of National Unity:
a. expeditiously reconstitute the NCRC and establish the Preparatory Sub-Committee and other relevant mechanisms for the constitution-making process to proceed;
b. urgently expedite the establishment and operationalization of the relevant constitution-making institutions and mechanisms;
c. complete the review of the CTRH and CRA Bills and forward them to the RTNLA for enactment;
d. provide basic services to citizens to promote the relocation, resettlement and reintegration of IDPs and returnees; and
e. expeditiously establish the Special Reconstruction Fund Board to pave way for the convening of the South Sudan Pledging Conference.
21.3. To this august House, expedite the deliberation and enactment of all the outstanding bills before you, including the National Elections, the National Security Service (NSS) and the Public Finance Management (PFM) Bills.
22. In conclusion, I would like to note that this month of September marks exactly one year since the endorsement of the Roadmap. More importantly, in a week’s time, on 12 September, South Sudan will be marking exactly five years from the day the Revitalised Peace Agreement was signed. It is therefore important to reflect on the road which we have traveled thus far in the implementation of the R-ARCSS. Despite this journey, several critical benchmarks remain unacomplished, including the unification of forces, the making of the permanent constitution, enactment and operationalization of legal frameworks and electoral processes in preparation for elections scheduled for December 2024.
23. In this regard, it is critical to underscore the need for sufficient political will, commitment of resources by the RTGoNU and for the Parties to the Agreement to build trust and confidence.
24. On RJMEC’s part as the oversight institution of the R-ARCSS, it shall continue to monitor, evaluate and report on the status of implementation of the R-ARCSS pursuant to its mandate, as envisaged under Chapter 7.
I Thank You!