BRIEFING By H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS , INTERIM CHAIRPERSON, AT THE LAUNCH OF THE , JOINT AFRICAN UNION COMMISSION – INTER-GOVERNMENTAL AUTHORITY ON DEVELOPMENT POST-CONFLICT NEEDS ASSESSMENT FOR SOUTH SUDAN, WEDNESDAY, 11 MAY 2023, JUBA, SOUTH SUDAN
- Hon. Stephen Par Kuol, Minister of Peacebuilding
- Your Excellency, Dr Ismail Wais, IGAD Special Envoy for South Sudan
- Your Excellency, Amb. Naohiro Tsutsumi, Ambassador of Japan to South Sudan
- Representative of the African Union Commission,
- Dr Samuel Doe, Resident Representative of the United Nations Development Programme
- Representative of the World Bank
- Country Director of the African Development Bank
- Distinguished Ladies and Gentlemen.
Good morning.
1. It is my pleasure to brief you all this morning at the launch of this important initiative, and I would like to express my sincere thanks to IGAD and the African Union Commission for giving me this opportunity. Furthermore, I would like to commend both organisations for coming together in support of their member state South Sudan at this timely juncture. With the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) recently extended by 24 months, and elections due in December 2024, all possible support is truly welcome as much remains to be done at this critical time.
2. The stated objective of the post-conflict needs assessment, which is ‘enhancing the efforts of the Revitalised Transitional Government of National Unity (RTGoNU) towards the full implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)’, is appreciated. In particular, I am pleased to see that one of the outcomes to the needs assessment is to highlight opportunities for support, including modalities for the establishment of the Special Reconstruction Fund (SRF) as per Article 3.2 of the Revitalised Peace Agreement. As we all know, the lack of funding has been a huge challenge since the Agreement’s signing, and the SRF is a mechanism required to raise and transparently manage funds for the reconstruction effort and the implementation of the Agreement. I am hopeful that the ‘rigorous and all-inclusive’ needs assessment that this initiative is intended to deliver will help to create a springboard from which the RTGoNU can establish and operationalise the SRF.
3. In this regard, I would like to deliver a chapter-by-chapter briefing on the status of the implementation of the R-ARCSS, including key achievements made, some critical pending tasks, recurring challenges and key milestones that need to be reached as South Sudan looks towards elections.
Excellencies, Ladies and Gentlemen,
4. At the outset, I would like to point out that February 2023 marked exactly three years since the formation of the RTGoNU, and elections are scheduled to be held in December 2024. While there has been considerable progress made towards the implementation of some provisions of the R-ARCSS to date, it has been slow and many critical tasks of the Agreement are still not implemented. Within this extended Transitional Period, a greater sense of urgency is required by all stakeholders in order to adhere to the timelines set out in the Roadmap.
Chapter 1: Governance
5. With regards to Chapter 1 on the RTGoNU, a number of tasks have been completed, key among these being:
a. formation of government structures at the national and sub-national levels, including the executives and legislative assemblies;
b. incorporation of the Revitalised Peace Agreement into the Transitional Constitution of the Republic of South Sudan (TCRSS) 2011, as amended;
c. legislative reforms undertaken through the National Constitutional Amendment Committee (NCAC) reviews, and drafting amendments of requisite pieces of legislation. Only six laws are pending in this regard;
d. enactment by the reconstituted Transitional National Legislature of numerous pieces of legislation, including five out of six security related laws, the Constitutional Amendment Bills, the Political Parties Act 2022 and the Constitution Making Process Act 2022; and
e. establishment and operationalisation of the ad hoc Judicial Reform Committee (JRC) in pursuance of its mandate, which is to study and recommend appropriate judicial reforms.
6. The process of restructuring and reconstituting the Institutions and Commissions at the national level, as per article 1.19 of the R-ARCSS, is not yet concluded. In addition, the task of establishing an independent Constitutional Court and tasks relating to the amendment of the national elections law, reconstitution of the Political Parties Council, National Elections Commission and preparations for the conduct of elections, are still pending.
Chapter 2: Permanent Ceasefire and Transitional Security Arrangements
7. On the Permanent Ceasefire and Transitional Security Arrangements (TSA), the completion of Phase I graduation of approximately 55,000 unified forces is a commendable step. The next priority tasks are the redeployment of the graduated forces, the commencement of training of Phase II of unified forces, the collection and management of weapons and munitions, and Demobilisation, Disarmament, and Reintegration (DDR). That said, the lack of funding to all the security mechanisms, especially to the DDR Commission is of great concern, as DDR is an integral component of the unification of forces. Furthermore, the development of the Strategic Defence Review policy paper is pending.
Excellencies, Ladies and Gentlemen,
Chapter 3: Humanitarian Assistance and Reconstruction
8. On humanitarian affairs, some humanitarian corridors which were opened have facilitated the free movement of goods, supplies, services and people across borders. This has enabled some voluntary returns, though some 2.3 million are still being hosted in neighbouring countries.
9. However, overall, the magnitude and severity of humanitarian needs continues to rise, due to the cumulative effects of prolonged intercommunal conflicts, widespread flooding, and high levels of food insecurity. More than nine million people are projected to need humanitarian assistance and protection this year according to UNOCHA, while efforts by humanitarian agencies to reach those in dire need are further hampered by reduced funding. The humanitarian situation in South Sudan is further challenged by the influx of refugees and returnees from Sudan following the outbreak of conflict there. Also of concern is the safety and access of humanitarian workers and their assets, who deliver much-needed assistance to those in need.
10. With this in mind, the focus that the needs assessment places on the establishment of the Special Reconstruction Fund (SRF) and Board is very important. Once the SRF is established, in accordance to Article 3.2.8, IGAD, the African Union and the UN are expected to collaborate in convening the Pledging Conference to resource the fund, and to support the implementation of the Agreement.
Chapter 4: Economic, Resource and Financial Management
11. Under Chapter 4 on Resource, Economic and Financial Management, overall, economic reforms have been slow, and greater and more rapid progress is needed. However, there has been some progress made with regards to environmental protection and in the management of natural resources, in particular greater transparency in the production and marketing of petroleum resources. Meanwhile, the work of the Public Finance Management Oversight Committee continues to improve the overall transparency and accountability in the management of the country’s finances.
12. In other areas, crucial building blocks for sustainable development in South Sudan are being developed, such as agricultural policies, and strategies and programmes to address food security. Further, the legal and institutional framework for Youth and Women Enterprise Development Funds to build small and medium enterprises are also being developed.
Excellencies, Ladies and Gentlemen,
Chapter 5: Transitional Justice
13. Chapter 5 of the R-ARCSS on transitional justice envisages the establishment of three mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). None of these have yet been established. However, the Ministry of Justice and Constitutional Affairs has undertaken country-wide consultations and prepared draft bills on the establishment of the CTRH and CRA, and the African Union Commission has initiated its engagement with the RTGoNU on the establishment of the Hybrid Court for South Sudan.
Chapter 6: Parameters of the Permanent Constitution
14. With regards to the making of the permanent constitution, the Consitution Making Process Act was assented to by the President of the Republic of South on 21st December 2022, setting in motion the timeline for the constitution making process, but today, over four months later, no progress has been made in this regard.
15. Considering the Roadmap timelines, the following institutions should have been reconstituted or established by now: the National Constitutional Review Commission (NCRC) and its Secretariat, the Preparatory Sub-Committee for the National Constitutional Conference, and the Constitutional Drafting Committee to kick-start the constitution-making process. These delays are particularly concerning, given that a people-led and people-owned constitution is a critical legal framework which will guide the conduct of elections in December 2024.
Excellencies, Ladies and Gentlemen,
16. Overall, as aforementioned, completing the unification of forces, the making of the permanent constitution, and preparations for elections in December 2024, are among the critical tasks which remain pending. Given the magnitude of the tasks ahead and the slow pace of implementation, RJMEC has urged all parts of the RTGoNU to redouble efforts, work collaboratively, in a collegial and consultative manner, and to expedite implementation and provide much-needed resources and leadership to the implementation of the Peace Agreement. The support of international partners and friends of South Sudan in this regard is also crucial.
17. In conclusion, there are challenges ahead for the R-ARCSS to be fully implemented in letter and spirit. However, besides the challenges, there is plenty of potential in the country of South Sudan, and a population deeply deserving of peace and sustainable development. I wish the consultants every success in their endeavour, and as RJMEC, we stand ready to assist their work as part of our mandate.
I Thank You.
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON - RJMEC TO THE 28th RJMEC MONTHLY MEETING
Thursday, 30 March 2023
Juba, South Sudan
Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. I welcome you to our 28th meeting of the RJMEC as we enter the second of the 24-month extended Transitional Period, as per the RTGoNU Roadmap; with elections expected to be conducted in December 2024. As the monitoring body, it is our responsibility to keep track of these timelines and to constantly remind the RTGoNU and the Parties represented here, of their mandate and urgent responsibility, to expedite the implementation of the Peace Agreement in letter and spirit.
2. I welcome the resumption of the Transitional National Legislature this week given that a lot of work remains to be done in terms of the legislative agenda in support of the implementation of the Agreement. I also welcome the statement of H.E President Salva Kiir Mayardit at the opening, in which the urgency of implementation of the Agreement was stressed and the assurance given that there will be no further extension to the Transitional Period. I reiterate H.E the President’s call for redoubling of efforts and cooperation among the Parties to ensure completion of the Transitional Period tasks. RJMEC is hopeful that this commitment will translate into availing the necessary resources to ensure the full and timely implementation of the Agreement.
3. In my statement this morning I will provide an update on the recent progress in the implementation of the Revitalized Peace Agreement, highlight the recurrent challenges, and conclude with my observations and recommendations.
Excellencies, Ladies, and Gentlemen,
4. First, governance: In terms of legislative reforms, some progress had been made by the National Constitutional Amendment Committee (NCAC) in the reviews, amendments, and drafting of the NGO Act and the Investment Promotion Act, before its national members boycotted participation due to non-payment of their allowances. This boycott by the NCAC members is a matter of very serious concern because the NCAC mandate is expected to end in May 2023. In addition to the NGO Act and Investment Promotion Act, the NCAC still has four other bills to be worked on, including the Mining, Transport, Pension Fund, and Telecommunication Acts. I have written to the RTGoNU urging payment of allowances to the national members of the NCAC.
5. On 24th March 2023, the Council of Ministers adopted the National Security Services Amendment Bill and it now awaits tabling before the reconstituted TNL for enactment. This is a welcome development and I appeal to the TNL to expedite consideration and enactment of this Bill and all the others currently pending. The RTGoNU should also take steps to expedite the operationalization of all the enacted laws.
6. It is concerning that there is a long delay in the reconstitution of the various Commissions and Institutions at the national level in accordance with the Roadmap timelines. In our last meeting, we were assured by the RTGoNU that the restructuring and reconstitution of these Commissions and Institutions would be shortly concluded. I look forward to receiving an update from the RTGoNU representative on this matter.
7. In terms of the preparation for elections as per the Roadmap, no progess has been made in the reconstitution of the Political Parties Council despite the law having been enacted over 8 months ago. The reconstitution of the Council is critical to paving the way for the registration of political parties. Also, the enactment of the National Elections Act and its operationalization is way behind schedule. As a result of these delays, all the elections-related tasks including the establishment and functioning of institutions that drive the elections process, are behind schedule. In this regard, I appeal to the TNL to prioritize passage of the National Elections Bill.
8. On 3rd March H.E the President issued decrees one relieving the two national Ministers, that of Defense and Veteran Affairs and the Interior, and the other swapping the two ministries between the I-TGoNU and SPLM/A-IO. As you are all aware the SPLM/A-IO protested the decision, following which I engaged the concerned parties and encouraged them to amicably resolve this matter in the spirit of collegiality, consultations and consensus.
9. In accordance with the provisions of the Agreement, I also briefed the Heads of State of IGAD on this development and appealed to them to assist the two parties to resolve this issue. There has since been internal mediation between the parties to find a suitable compromise on this matter. On 29th March H. E President Salva Kiir Mayardit appointed General Chol Thon Balok as the new minister of Defense and Veteran Affairs.
10. Next, Transitional Security Arrangements: The recent progress made in the unification of the middle and lower levels of command of the Necessary Unified Forces is commendable. The Parties agreed on a responsibility sharing ratio of 60:30:10 to the SSPDF, SPLA-IO and SSOA respectively. However, the forces which graduated during Phase I are still in training centers, and their delayed redeployment has hindered the commencement of Phase II NUF training. In this regard, I would like to hear from the JDB on plans for redeployment of Phase I and the start of Phase II.
11. Regarding the status of the Security Mechanisms, not much has changed since our last meeting. The JDB, JMCC, JTSC, and SDSR Board members still lack allowances to sustain themselves, as well as financial support to execute their Transitional Security Arrangements tasks. The DDR Commission has no funding and the CTSAMVM national monitors have not resumed work due to the non-payment of their allowances by the RTGoNU. I appeal once again to the RTGoNU to fund the work of all mechanisms including the DDR Commission and I look forward to RTGoNU briefing this plenary on the progress, in availing funds for all the Agreement implementation mechanisms.
12. On Police reforms, it is reported that the Joint Transitional Security Committee (JTSC) Curriculum Development guide for the Necessary Unified Police Forces, which outlines the basic operational framework of the police component to sustain professionalism, was developed and is available to be utilized for training.
13. I am also encouraged that the South Sudan National Police Service (SSNPS) initiated a curriculum review process regarding Election Security to prepare the National Police to discharge its responsibilities in the upcoming elections. I would like to hear more on this from the JDB.
Excellencies, Ladies, and Gentlemen,
14. Against the backdrop of increasing humanitarian needs, access and safety of humanitarian workers, goods, and assets remain a challenge. There have been several reported cases of attacks on humanitarian convoys, facilities, and personnel, as well as looting of humanitarian supplies, and access denial for humanitarian workers. These are matters that the RTGoNU should urgently address including by providing security along humanitarian corridors, protecting humanitarian workers and their assets and holding perpetrators to account.
15. On resource, economic and financial management, there has been a steady commitment to Public Financial Management (PFM) reforms as steps are being taken to publish budget execution reports, and oil revenue data. I would like to commend the RTGoNU in that regard. I wish to note that these reports need to be published in a timely manner in accordance with the Public Financial Management and Accountability Act and the Petroleum Revenue Management Act. Let me reiterate the need to legislate the amendment bills governing these PFM reforms, without which the responsible authorities will be challenged in completing the implementation of the relevant provisions of the Agreement.
16. I note the progress registered so far in ensuring environmental protection, amid the many challenges posed by climate change in South Sudan. As required by the R-ARCSS, the Environment Protection Bill has been drafted and it proposes the creation of the Environmental Protection Agency and the National Environment Authority. In addition, the first National Adaptation Plan (NAP) and its Program for Action for climate change have been published. This is the first step toward establishing a coherent and effective process for mainstreaming climate adaptation within the country’s development planning processes. However, achieving the objectives of the NAP will require a coordinated approach and the commitment of both state and non-state actors.
Excellencies, Ladies, and Gentlemen,
17. In terms of transitional justice, the Ministry of Justice and Constitutional Affairs and the Technical Committee on CTRH establishment have been undertaking a series of public consultations. However, they are yet to embark on their mission to the refugee camps in Kenya, Uganda, Ethiopia, and Sudan where they are slated to undertake public consultations with refugees. I therefore urge the RTGoNU to undertake the remaining phase of public consultations with refugees and complete the drafting of the CTRH and CRA legislations.
18. On the establishment of the Hybrid Court for South Sudan, the African Union Comission has formally requested RTGoNU to meet and discuss on the way forward. I therefore urge the RTGoNU and the African Union Commission to agree on a clear plan for the establishment of the Court.
19. Regarding the making of the Permanent Constitution, there is no further progress to report. It is now three months since the Constitution-making Process Act 2022 was assented to. Also, the Minister of Justice and Constitutional Affairs tabled a Memorandum to Cabinet to operationalize this Act. I appeal to the Minister of Justice and Constitutional Affairs to urgently provide guidance to the Parties and Stakeholders regarding the nominations of their representatives to the relevant constitution-making bodies, in accordance with the Act.
Excellencies, Ladies, and Gentlemen,
20. A lot of work remains to be done if the Roadmap timelines are to be adhered to as promised. The RTGoNU should demonstrate in action its commitment to deliver the transition in time not simply by word. This requires a solid commitment of resources to implement the Agreement. In that regard the call by the President for a National Economic Conference is a welcome initiative which should be complemented with the immediate establishment of the Special Reconstruction Fund and convening of the South Sudan pledging conference to provide the neccesary funding for implementation of the Agreement.
21. In light of the above, I would like to reiterate the following recommendations to the RTGoNU:
a) continue to consult and dialogue in the spirit of collegial collaboration and consensus in order to address emerging issues during implementation of the Agreement;
b) provide adequate and predictable funding for the implementation of the critical pending tasks of the Agreement, in particular, the Constitution Making and Electoral processes and completion of the unification of forces;
c) operationalize all the enacted laws, establish all institutions required by the Constitution-Making Process Act 2022, and expedite the enactment of the National Elections Bill;
d) expedite the redeployment of the graduated forces, commence Phase 2 of the unification of forces and begin Demobilisation, Disarmament, and Reintegration (DDR); and
e) complete the process of drafting the CTRH and CRA legislation and submit it to the reconstituted TNL for enactment and engage the AU Commission to discuss modalities for the establishment of the Hybrid Court.
22. Finally, faced with the current setbacks and the slow pace of implementation, it is encumbent upon us to redouble our efforts, encourage and support the RTGoNU to accelerate the pace of implementation going forward, in order to provide a much needed impetus to the peace process.I Thank You.
Distinguished Ladies and Gentlemen
Good morning,
1. It is my pleasure to welcome you all to this workshop dedicated to discussing how to enhance the role and participation of South Sudan women in the implementation of the Revitalized Peace Agreement. The theme of the event, “understanding the Roadmap and women’s participation in implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)” is timely and significant.
2. Today is a special day for all of us, as we mark the International Women’s Day. This special day encourages us to reflect on the milestones that have been achieved by women in the world. The ideals advocated by the UN Security Council Resolution 1325 are aimed, among others, at mainstreaming gender by bringing about a greater sensitivity to the different effects that war has on men and women.
3. The ground-breaking Security Council Resolution 1325, which was passed in the year 2000, is the first to link women’s experiences of conflict to the international peace and security agenda, focusing attention on the disproportionate impact of conflict on women, and calling for women’s engagement in conflict resolution and peace building. It recognised the undervalued and underutilised contributions women make to conflict prevention, peacekeeping, conflict resolution, conflict transformation, including securing and sustaining peace. It also stressed the importance of women’s equal and full participation as active agents in peace and security.
4. Historically, women have been in record for constructively engaging in the South Sudan peace process. During the IGAD-led High-Level Revitalization Forum (HLRF) of the parties and stakeholders which culminated into the Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), the South Sudanese women played a critical role in successfully negotiating issues affecting them. As you may recall, the chief mediator, Hanna Tetteh, is a woman.
5. The increase in women representation from 25% under the previous Peace Agreement to 35% under the Revitalized Peace Agreement is a sheer demonstration of the women’s agency in arguing their case for effective representation and participation in political processes, including in all state institutions. RJMEC encourages the R-TGoNU and all the political parties to provide an enabling environment for South Sudanese women to fully participate in the implementation of the R-ARCSS.
6. This workshop therefore comes shortly after we have marked the third anniversary of the Revitalised Transitional Government of National Unity (RTGoNU), three years of the Transitional Period of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), and after four and a half years of the signing of the Revitalized Peace Agreement itself.
7. In late 2021, it was RJMEC’s assessment that a number of critical tasks were pending, which would have made the conduct of elections as originally scheduled in December 2022, near impossible. Accordingly, RJMEC requested the RTGoNU to develop and share its strategy on achieving the critical pending tasks within the timeframe remaining. Consequently, the RTGoNU duly developed a Roadmap in August 2022, setting out a revised schedule for implementation of the critical pending tasks to enable the country conduct peaceful and democratic elections within 24 months, with the Transitional Period now expected to end in February 2025.
8. The Roadmap, in the words of the RTGoNU, “is to provide time-bound guidance on the implementation of outstanding provisions that are critical to the conduct of peaceful and democratic elections at the end of the transition period, not alternative to the R-ARCSS.”Therefore, in the extended period of the Transitional Period, just as before, the R-ARCSS remains the supreme document.
9. In this regard, therefore, as we move into the extension period, the gender provisions remain very relevant and central. This is the reason why the theme of the event, “Understanding the Roadmap and women’s participation in implementation of the R-ARCSS” is the main focus of discussions in the workshop.
Distinguished Ladies and Gentlemen,
10. The gender provisions of the Agreement seek to improve the inclusion and empowerment of women in a very fundamental way. They cover the participation and representation of women in decision‐making positions, in all governmental bodies, and institutions and mechanisms that drive political, economic, social and judicial reforms, as well as the constitution-making process. This remains equally valid and important in the Roadmap.
11. In particular, there are provisions which refer to the prevention of all forms of violence against women and girls, including measures to prevent sexual and gender-based violence (SGBV) in general and sexual violence in particular. Then, there are provisions on the protection and promotion of women and girls’ rights, including protection from SGBV, and the consideration of women and girls’ specific protection needs.
12. Therefore, it is evident that the letter and spirit of the gender provisions in the Revitalized Peace Agreement are deep and far-reaching, and aimed at creating a conducive environment for women in South Sudan to actively participate in the political, economic and social life of their country. It is important to recognise the role and value of women in all these aspects. Women are capable in decision-making, especially those affecting the social fabric and the environment, and they share information well. They bring additional perspectives, especially on issues that affect other women and girls. Women also provide holistic approaches and dimensions in today’s complex and evolving challenges in all spheres.
13. In spite of the fact that UNSCR 1325 on the role of women in conflict resolution and peace processes, which calls for the adoption of gender perspectives, especially of women’s and girls’ needs in peace agreements, and their implementation mechanisms, and for the protection and respect of their rights, women continue to face obstacles in the realisation of this aspiration, and do so during the implementation of the Revitalised Peace Agreement.
14. The challenges facing women are enormous, especially in our continent and also in South Sudan. They include those related to access to power, inclusivity and effective participation, and gender bias. Unless such challenges are adequately addressed, perspectives and concerns of women will be overlooked in politics as well as in the implementation of the Roadmap of the R-ARCSS. This therefore calls for women to be respected and not to be ignored or undermined, and women should be assertive in making their voices heard.
15. As the RTGoNU continues in the implementation of the Roadmap, there are some key bodies which need to be reconstituted and staffed. These include the Political Parties Council, the National Elections Commission, and the National Constitutional Review Commission (NCRC). Also related to the Constitution-making process is the establishment of the Preparatory Sub-Committee for the National Constitutional Conference, and recruitment of the Constitutional Drafting Committee.
16. As we know, the Agreement mandates 35% level of women’s participation in such bodies, and the nominees to these bodies need to reflect the gender, political, social, ethnic, religious, and regional diversity of South Sudan. RJMEC takes these considerations very seriously, and as we conduct our monitoring and evaluation of the Revitalized Peace Agreement, we will ensure that these parameters get the proper level of attention.
17. Furthermore, along with all of us here, RJMEC celebrates International Women’s Day, and will continue to support gender-focussed activities such as this one. I sincerely thank the organisers of this event, and I look forward to hearing about how the workshop’s outcomes will contribute to the effective implementation of the Peace Agreement Roadmap in general, and the gender provisions in particular.
18. I wish you all a fruitful and successful workshop.
I Thank You.
STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON - RJMEC TO THE 27th RJMEC MONTHLY MEETING
Thursday, 2 March 2023
Juba, South Sudan
Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,
10.11 – 10.27
15.49
Good morning.
1. A warm welcome to all of you to the 27th meeting of the RJMEC. As I informed you in our last meeting in January 2023, the year 2022 closed with the South Sudan peace process high on regional and international agendas. This has continued into 2023, and in the month of February, South Sudan welcomed high level visits from the Ecumenical Peace Pilgrimage, and the African Union Peace and Security Council.
2. These were timely and welcome solidarity visits, indicative of the world’s desire for lasting peace in South Sudan. It is our hope that the people of South Sudan were inspired by the strong messages of peace, forgiveness, and reconciliation delivered by the Peace Pilgrimage, and that these messages and gestures of solidarity will not be in vain. It is expected that there will be renewed focus on the timely implementation of the critical pending tasks of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), dedicated funding by the Revitalised Transitional Government of National Unity (RTGoNU) going forward, unity of purpose, and a sense of urgency in order to deliver on the promises of the Roadmap towards peaceful and democratic elections in December 2024.
3. It is commendable that the RTGoNU has just marked its third year of implementation of the Peace Agreement. However, as the 24-month extension period begins, I would like to underscore that the implementation of the Roadmap, ratified by the reconstituted Transitional National Legislature (TNL) late last year, is behind schedule. In particular, activities lagging behind include the unification and redeployment of forces, commencement of Phase 2, and the establishment of the institutions and mechanisms which will drive forward the constitution-making process and the preparations for elections.
4. My statement this morning will therefore highlight the most recent developments in the implementation of the Revitalised Peace Agreement in accordance with the Roadmap since our last Plenary. I will focus on progress made, Roadmap deadlines missed, pending tasks, and conclude with recommendations.
Excellencies, Ladies and Gentlemen,
5. First, governance. The National Constitutional Amendment Committee (NCAC) has continued with the reviews, amendment and drafting of legislation as provided for in its mandate. In the past month, it has handed over to the Minister of Justice and Constitutional Affairs the Bank of South Sudan Amendment Bill, 2023, and the Banking Amendment Bill, 2023. The Chair of NCAC will provide an update later this morning.
6. I would like to commend the Presidency for resolving the contentious issue which delayed the passage of the National Security Service Bill, on the power of arrest and detention by the National Security Service. The spirit of this compromise is a valuable example which I hope can help guide the ongoing implementation of the Roadmap.
7. I welcome the accession by the President of the Republic of South Sudan, H.E. Salva Kiir Mayardit, to, among others, the International Covenant on Civil and Political Rights, and the Protocol to The African Charter on Human and Peoples' Rights on the Rights of Women in Africa. The accession to these and other international and regional treaties are critical to the safeguarding of the fundamental human rights of the people of South Sudan. Their operationalisation will be important as the extension period proceeds.
8. On the ad hoc Judicial Reform Committee (JRC), which is established to study and recommend appropriate reforms, had its mandate extended for an additional 12 months. I hope that the Committee will now be able to complete its work in the shortest time possible. The JRC will update the meeting later this morning.
9. Notwithstanding the aforementioned, critical timelines have been missed in the implementation of governance tasks of the Roadmap. For example, according to the Roadmap, by now both the Political Parties Council and the National Elections Commission should have been reconstituted. These are two critical bodies required for the process of conducting credible elections. Further, the restructuring and reconstitution of the various commissions and institutions at national level should also have been completed by now. It is expected that the RTGoNU will brief the members this morning.
10. Next, security. No further progress has been reported with the unification of forces since the last monthly meeting. The completion of the unification of forces is a critical Roadmap task which should not be allowed to fall any further behind the timelines established by the Parties themselves. Equally important, Disarmament, Demobilisation and Reintegration (DDR) programmes to reintegrate former combatants into civilian life have not yet started. I therefore appeal to both regional and international partners to assist the RTGoNU in this effort.
11. On the management of Cantonment Sites and preparations for Phase 2 training, it is expected that the troops will come with weapons. I would like to underscore the overall importance of the collection, registration, and storage of weapons and munitions to the Transitional Security Arrangements. I would like to hear from the relevant mechanisms on any updates regarding preparations for Phase 2, and whether there is any progress on the tasks of the Strategic Defence and Security Review (SDSR) Board.
12. On subnational violence, it is disappointing to hear of further incidents, such as the recent ones in Kajo Keji, Central Equatoria, and some areas close to Juba. Furthermore, violence has also been reported in Twic East County in Jonglei, as well as in Lakes State. In these cases, the loss of life and the displacement of civilians often results. As I have stressed before, it is the responsibility of the RTGoNU to restore permanent and sustainable peace, security, and stability. To that end, I welcome the announcement by the President on the resumption of the Rome peace process. I would also like to underscore the importance of reaching sustainable solutions for all incidents of subnational violence, as the RTGONU prepares for elections period.
13. With regards to CTSAMVM, it is disappointing that its Monitoring and Verification Teams are unable to operate as per their mandate due to the non-payment of 10 months’ allowances of the National Monitors, which has led to their boycott. CTSAMVM plays an instrumental role in monitoring and reporting on compliance and violations of the permanent ceasefire and the transitional security arrangements. The reports it produces are objective, impartial and balanced, and are a collective effort by all the Parties, including the International Observers from the IGAD countries. As such, these reports build confidence and trust among the Parties to the Agreement, and the RTGoNU has a responsibility to ensure their members play their part. In addition, I am informed that the members of the other security mechanisms, the NCAC and the JRC, have also not been facilitated. I therefore appeal to the RTGoNU to immediately provide funds for the payment of CTSAMVM’s National Monitors, and the national members of all the Agreement mechanisms.
Excellencies, Ladies and Gentlemen,
14. On humanitarian affairs, the NGO Act 2016 is under review by the NCAC to conform to international standards and best practices. It is expected that the review of the NGO Act 2016 will help regularise and improve the operational environment for NGOs and humanitarian workers. The NCAC will provide more details.
15. I would like to commend H.E. the President, and H.E. the First Vice President, for their recent meetings with IDPs, which draw much-needed attention to the plight of the IDPs. Both leaders emphasised the need for forgiveness, reconciliation and promoting the spirit of unity. These are key messages for two leaders to take around the country as the RTGoNU prepares for elections. It is encouraging to note that there are plans to provide security and basic services at the IDPs points of return as these are critical to the reintegration and the rebuilding of IDPs and returnees’ livelihoods. This undertaking lends urgency to the setting up of the much-delayed Special Reconstruction Fund and Board, which will pave the way for the pledging conference.
16. On resource, economic and financial management, despite some progress registered in Public Finance Management (PFM) reforms, the amendment bills which should govern these reforms, submitted by the NCAC to the RTGoNU beginning in June 2022, have not yet been enacted into law. These bills include the Anti-Corruption Commission Bill, the National Audit Chamber Bill, the Public Financial Management and Accountability Bill, and the Petroleum Revenue Management Bill. It is important that these bills should be enacted and operationalised to underpin the PFM reform process outlined in the Roadmap.
17. In the management of natural resources, progress has been registered in policies and programmes related to petroleum, agriculture, wildlife and tourism and environmental protection. However, I would like to urge the RTGoNU to finalise the review, legislation and implementation of the Land Policy and the Land Act 2008, as this would address land administration challenges, including the resettlement of the IDPs and refugees.
Excellencies, Ladies and Gentlemen,
18. In terms of transitional justice, I am informed that the Ministry of Justice and Constitutional Affairs has drafted bills on the Commission for Truth, Reconciliation and Healing (CTRH), and Compensation and Reparation Authority (CPA), and will conduct a stakeholder consultation on these two bills at the end of March 2023. With the February visit of the African Union Peace and Security Council, I hope that some progress will be made regarding the establishment of the Hybrid Court of South Sudan (HCSS), which is the responsibility of the African Union Commission and the RTGoNU.
19. Regarding the making of the Permanent Constitution, the Constitution-making Process Act 2022 is yet to be operationalised. Several timelines have already been missed as per the Act. By now, the Parties and Stakeholders should have submitted their lists of nominees to the Minister of Justice and Constitutional Affairs to reconstitute the National Constitutional Review Commission (NCRC) and establish the Preparatory Sub-Committee (PSC). In addition, the recruitment of members to the Constitutional Drafting Committee (CDC) should be ongoing. These delays seriously undermine the progress of the entire constitution-making process, and consequently, the elections.
Excellencies, Ladies and Gentlemen,
20. In RJMEC’s assessment, the RTGoNU is already way behind its own schedule set out in the Roadmap, and a lot of work remains to be done. There is urgent need for all of us, starting with the RTGoNU, to take concrete and deliberate steps to expedite implementation of the critical pending tasks as per the Roadmap. As RJMEC members, we should reconsider our current approaches and avail the requisite support to the implementation of the Peace Agreement with a focus on accelerating progress.
21. Therefore, I would like to make the following recommendations to the RTGoNU:
a) Provide adequate funding of the Roadmap tasks in a clear and predictable manner;
b) Operationalise all the enacted laws, particularly those related to the permanent constitution and elections processes, to expedite the reconstitution of the Political Parties Council and the establishment of the bodies required by the Constitution-Making Process Act 2022, and expedite the enactment of the National Elections Bill;
c) Expedite the redeployment of the graduated forces, the harmonisation of ranks of the mid and lower-level commanders, the commencement of Phase 2 of unification of forces, the collection and management of weapons and munitions, and Demobilisation, Disarmament, and Reintegration (DDR);
d) Facilitate the National Members of CTSAMVM to return to work, and pay allowances of all national members in the Agreement mechanisms;
e) Facilitate the resettlement, reintegration and the rebuilding of livelihoods of returnees and IDPs;
f) Enact and operationalise all PFM-related bills to facilitate the reforms and to improve transparency and accountability; and
g) Complete the process of drafting the CTRH and CRA legislation and submit to the reconstituted TNL for enactment.
22. In conclusion, the renewed commitment of the RTGoNU to implement the Roadmap in letter and spirit, as expressed at its press conference of 21st February, marking the start of the 24-month extension of the Transitional Period, is encouraging. Given the time pressures in the Roadmap, I call upon the RTGoNU to demonstrate its ownership of the process and its commitment by availing the requisite resources to the implementing mechanisms and institutions. I also appeal to all partners and friends of South Sudan to support the RTGoNU’s efforts to facilitate progress.
I Thank You.
- Your Excellency, Ali Al-Sadig, Acting Minister for Foreign Affairs of the Republic of Sudan and Chairperson of the IGAD Council of Ministers;
- Your Excellencies, Members of the Council;
- Your Excellency, Dr. Workneh Gebeyehu, Executive Secretary of IGAD;
- Your Excellencies, IGAD Special Envoys;
- Excellencies;
- Distinguished Ladies and Gentlemen.
Good morning!
1. I am honoured and privileged to brief this Council as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), the body responsible for overseeing, monitoring and evaluating the status of the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan of 2018.
2. My briefing today will cover the key benchmarks which have been attained in its implementation, critical tasks which remain outstanding, recurrent challenges and conclude with recommendations.
3. Despite progress registered, RJMEC has regularly expressed its concerns regarding the slow pace of progress in the implementation of the Peace Agreement. That said, the Revitalised Transitional Government of National Unity responded positively to RJMEC’s call to prepare a Roadmap and strategy for implementing the Agreement’s critical outstanding tasks, and revised the timeline of the Agreement. The process of the extension of the Transitional Period was done in accordance with the provisions of article 8.4 of the Revitalised Peace Agreement.
Your Excellencies,
4. I will now provide updates on the status of implementation of the Revitalised Peace Agreement since my last briefing to this august Council.
5. On Governance, the National Constitutional Amendment Committee has reviewed and drafted several amendments to the key priority legislation, including the National Audit Chamber Act, Public Finance Management and Accountability Act, Petroleum Act, Petroleum Revenue Management Act, the National Elections Act and the Anti-Corruption Commission Act.
6. In addition, the reconstituted Transitional National Legislature passed the following bills: the South Sudan People’s Defense Force Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill and the Constitution-making Process Bill. Other bills are being processed.
7. The outstanding governance tasks include the completion of reforms of national Institutions and Commissions, judicial reforms and the necessary steps towards elections at the end of the transitional period.
8. On the Permanent Ceasefire and Transitional Security Arrangements, the South Sudan unity government resolved the impasse over the Unified Command structure, including the appointments of unified Commanders in April 2022. Furthermore, approximately 49,000 out of 53,000 Necessary Unified Forces have been unified. These forces are yet to be redeployed as they are currently being accommodated in the Training Centres.
9. There are critical outstanding Transitional Security Arrangements tasks. They include commencement of Phase 2 training of the unified forces; management of weapons and munitions brought to the cantonment areas; and funding and operationalisation of Disarmament, Demobilization and Reintegration Commission programmes. In addition, the Strategic Defence and Security Review which is critical for security sector reforms has not yet been completed.
10. Regarding Humanitarian Assistance and Reconstruction, some humanitarian corridors remain opened and continue to facilitate free movement of goods, services and people across borders, including the voluntary return of more than 600,000 people since 2018. However, various factors have exacerbated the already dire humanitarian situation in the country. These include prolonged subnational violence; widespread floods; food insecurity; reduced funding and lack of basic services. Furthermore, the establishment of the Special Reconstruction Fund, a critical coordinating mechanism for recovery and development efforts, is long overdue.
11. As for Resource, Economic and Financial Management, it is encouraging to note that the South Sudan unity government has initiated reforms in Public Financial Management, which include operationalization of the treasury single account, creation of the Public Procurement and Asset Disposal Authority and review of legislation relating to Public Financial Management. Furthermore, policy reviews and the management of natural resources, agricultural policies, strategies and programmes are underway. However, the policy for the management of the country’s waterbodies, including but not limited to the Nile River that was prioritised in the Roadmap, is yet to be developed.
12. On Transitional Justice, the South Sudan unity government conducted public consultations to help guide the legislation for the establishment of the Commission for Truth, Reconciliation and Healing. The drafting of the Commission for Truth, Reconciliation and Healing Bill and the Compensation and Reparation Authority Bill are both ongoing. On the Hybrid Court for South Sudan, the responsibility for its establishment lies with the African Union Commission working with the South Sudan unity government, and this is still pending.
13. The making of the permanent constitution is critical for guiding the conduct of elections at the end of the Transitional Period. Once the Constitution-making Process Bill 2022 becomes law, the South Sudan unity government will put in place all the institutions essential in the making of the new constitution.
14. During the Roadmap phase, it is critical that the South Sudan unity government provides an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process. Overall, predictable funding and adequate logistical support for the implementation of the peace agreement is critical.
Your Excellencies,
15. Since the Revitalised Peace Agreement came into force in 2018, its implementation faced several challenges. They include trust deficit among the parties; capacity gaps of Agreement institutions and mechanisms; lack of adequate and predictable funding; and limited resources for implementation.
16. Given the requirements of the Roadmap and the extension of the Transitional Period, RJMEC has appealed for a change of strategy and approach from all actors, importantly, including IGAD, to focus on facilitating progress in the implementation of the Revitalised Peace Agreement.
17. I will now conclude with recommendations to this Council as follows:
a. increase engagements with the South Sudan unity government to encourage them to expedite implementation of the Roadmap within timelines;
b. appeal to the South Sudan unity government to urgently address the root causes of intercommunal violence and insecurity in the country;
c. further appeal to the South Sudan unity government to establish and operationalize the Special Reconstruction Fund to pave the way for the mobilisation of resources for post-conflict recovery and reconstruction; and
d. appeal to IGAD member states and the internaitonal community to consider political, logistical and financial support to the monitoring and oversight institutions, RJMEC and CTSAMVM, to enhance their operational capabilities.
18. In conclusion, I would like to highlight that this is the time to ensure that the Revitalised Peace Agreement, being one of IGAD’s key flagship peace agreements in the region, succeeds. As the Revitalised Peace Agreement enters another critical moment, IGAD’s visibility in South Sudan is needed now more than ever.
I Thank You!
- Chairperson of the Peace and Security Council;
- Commissioner of Peace and Security;
- Your Excellencies Permanent Representatives;
- Excellencies;
- Ladies and Gentlemen.
Your Excellency,
1. I am honoured to once again address this Council as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). Since my last briefing to you, key milestones have been reached in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). Key among them were:
a. Phase 1 of the graduation of forces is nearing completion with approximately 49,000 out of 53,000 graduated;
b. the Constitution-making Process Bill, among others, was passed by the Reconstituted Transitional National Legislature and is awaiting assent by the President;
c. implementation of the R-ARCSS has entered its fifth year with sustained efforts towards peace, despite the many challenges;
d. the Parties have all agreed on a 24-month extension of the Transitional Period with a clear Roadmap to a Peaceful and Democratic Elections at the end;
e. the RJMEC pronounced itself on the Roadmap with clear recommendations on steps to be taken in order to ensure that critical tasks outlined in the Roadmap are implemented as scheduled.
2. In spite of this progress, some critical tasks remain outstanding.
3. In my briefing today, I will therefore only highlight the key issues which require this Council’s attention and conclude with recommendations.
Your Excellency,
4. Since my last briefing, the timeframe of the Revitalised Peace Agreement has been extended by 24 months, effective February 2023, in accordance with the “Agreement on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan”, hereafter referred to as ‘the Roadmap’.
5. Pursuant to article 8.4 of the R-ARCSS, the Roadmap was agreed to by the Parties on 4th August, endorsed by the Revitalised Transitional Government of National Unity (RTGoNU) Council of Ministers on 5th August, consented to by RJMEC on 1st September 2022 and ratified by the reconstituted Transitional National Legislature on 16th November 2022. Even with the extension, however, there is much to do and time is already pressing.
Your Excellency,
6. I will now give an update on the status of implementation, chapter-by-chapter. First, on Governance. The Reconstituted Transitional National Legislature passed several pieces of legislation, importantly the South Sudan People’s Defence Force Bill, the Wildlife Service Bill, the National Police Service Bill, Political Parties Bill and the Constitution-making Process Bill.
7. The National Constitutional Amendment Committee (NCAC) continues with the reviews and drafting of amendment bills. To date, the NCAC has completed drafting amendment bills of the National Audit Chamber Act, Public Finance Management and Accountability Act, Petroleum Act, Petroleum Revenue Management Act, the National Elections Act and the Anti-Corruption Commission Act.
8. The restructuring and reconstitution of the Institutions and Commissions at the national level is work in progress. The reforms include streamlining their mandates and appointments to ensure their independence and accountability in accordance with the law, taking into consideration inclusivity, national diversity and gender.
9. On the permanent ceasefire and transitional security arrangements, the graduation of the first batch of the Necessary Unified Forces is nearing completion with approximately 49,000 forces out of the expected 53,000 graduated. The unified forces now need to be redeployed, and this overdue. I am concerned that the graduated unified forces have been returned to the Training Centres, which is delaying the commencement of Phase 2 training. Furthermore, the unified forces are not being remunerated. We expect the RTGoNU to take appropriate action.
10. There are security related tasks yet to be undertaken, including finalising the Strategic Defence and Security Review documents, availing clear and predictable funding for the DDR Commission and its programmes, and a clear plan for the management of weapons and munitions collected from all forces.
Your Excellency,
11. Regarding humanitarian assistance and reconstruction, the opening of some humanitarian corridors has facilitated free movement of goods services and people across borders, including voluntary returns. According to UNHCR, more than 600,000 people have returned since 2018.
12. However, the magnitude and severity of humanitarian needs in the country have continued to rise due to the effect of prolonged subnational violence, widespread flooding, food insecurity, decline in funding and lack of the provision of basic services, particularly the conflict-affected population. There are also concerns related to safety of humanitarian workers and their assets as well as access to those in need.
13. The critical outstanding tasks include the establishment of Special Reconstruction Fund (SRF) and its Board, the requisite USD 100 million funding per annum from the RTGoNU and the review of the NGO Act 2016. In this regard, I have urged the RTGoNU to expedite the establishment of the SRF to pave the way for the Pledging Conference, pursuant to the 1060th AU PSC Communique.
14. On Resource, Economic and Financial Management, some progress has been registered in policy reviews and the management of natural resources as required by the Revitalised Peace Agreement. Agricultural policies, strategies and programmes are being developed, and the National Land Policy is being finalised. However, the policy for the management of South Sudan’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.
15. The Strategic Economic Development Roadmap was reviewed and aligned with the R-ARCSS and is being implemented and prioritises the security, humanitarian, and development nexus. It also focuses on devolution of powers and resources which is being operationalised with the development of State plans for all the ten states and three Administrative Areas.
16. The legal and institutional framework for the Youth and Women Enterprise Development Funds for the vulnerable private sector are being developed and the South Sudan Pension Fund (SSPF) has been operationalised but needs to broaden its coverage beyond civil service to include the wider public and private sectors.
17. The Public Financial Management reforms namely, the operationalization of the treasury single account, creation of the Public Procurement and Asset Disposal Authority, the enactment of legislations relating to Public Financial Management have been slow and need to be prioritised.
18. In terms of transitional justice, the RTGoNU has conducted public consultations to help guide the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH). The drafting of the CTRH Bill and the Compensation and Reparation Authority (CRA) Bill are both ongoing. On the Hybrid Court for South Sudan (HCSS), the responsibility for its establishment lies with the African Union Commission (AUC) working with the RTGoNU, and this is still pending. I urge the AUC to expedite the process leading to the establishment of the Court.
19. The making of the permanent constitution is critical for the conduct of elections at the end of the transitional period. In this regard, the Constitution-making Process Bill 2022 was passed by the Transitional National Legislature and awaits assent by the President. Once the Bill becomes law, it will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), recruitment of the Constitutional Drafting Committee (CDC) and appointment of the Preparatory Sub-Committee (PSC) which will be responsible for the convening of the National Constitutional Conference. These bodies are critical in the making of the new constitution to guide the conduct of elections at the end of the Transitional Period and their establishment is long overdue.
20. During this Roadmap phase, it is also critical that the RTGoNU provides an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process. Overall, predictable funding and adequate logistical support for the implementation of the peace agreement is critical.
Your Excellency,
21. Since the Revitalised Peace Agreement came into force in 2018, its implementation faced several challenges. These include trust deficit among the parties; capacity gaps of Agreement institutions and mechanisms; lack of adequate and predictable funding; limited resources for implementation; flooding; and activities of the holdout groups and subnational violence.
22. Depite the above challenges, the Roadmap provides an opportunity for creating the conditions necessary for the conduct of peaceful and democratic elections at the end of the Transitional Period. This requires changes in strategies and approaches from the parties, South Sudanese stakeholders, the regional guarantors and international partners and friends of South Sudan. There is need for the RTGoNU to, inter alia, demonstrate the urgency, unity of purpose, commitment, extra effort and political will required to implement the tasks outlined in the Roadmap as scheduled. The regional guarantors and international community should enhance their approaches in engaging the RTGoNU and the various Agreement Institutions and Commissions with a strong focus in facilitating progress.
1. I will now conclude with my recommendations to this august Council. The Peace and Security Council to:
a. engage the RTGoNU to adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks;
b. urge the AU Commission to provide political, technical, and logistical support to the RTGoNU during the implementation of the Permanent Constitution-making process and elections;
c. encourage the RTGoNU to ensure civic and political space are guaranteed and protected throughout the country;
d. urge the AU Commission and member states to support the RTGoNU with expertise and resources needed to support the DDR process and the management of weapon and munitions stockpiles;
e. engage with the RTGONU to kickstart the establishment of the Special Reconstruction Fund and its Board to pave the way for the convening of the South Sudan pledging conference;
f. urge the AU Commission to expedite the process for the establishment of the Hybrid Court for South Sudan; and
g. appeal to the RTGoNU to fast track the establishment and operationalisation and funding of the CTRH and CRA.
2. Finally, there is need for us all (IGAD, AU and UN) to consolidate our efforts, speak with one voice, and bring our collective leverage to bear and push for timely implementation of the Roadmap.
I Thank You!
Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. Let me begin by welcoming you all to the 26th meeting of the RJMEC, and by wishing you all a very Happy New Year 2023. I sincerely hope that you all had a restful break, and are ready to redouble efforts pursuant to our mandate to effectively and collectively monitor, evaluate, and oversee the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), with renewed focus to support all Agreement Institutions and Mechanisms to facilitate progress.
2. At the end of 2022, the South Sudan peace process was high on the agendas of the IGAD Council of Ministers, the African Union Peace and Security Council (AUPSC), and the United Nations Security Council, all of which RJMEC provided a briefing to. Informed by our recommendations, IGAD and AUPSC in particular have made critical policy decisions in support of the implementation of the Revitalised Peace Agreement.
3. With such focus, I am expecting a busy start to the year 2023, particularly in February, when South Sudan is expected to receive important visitors, including the Ecumenical Peace Pilgrimage of the three religious leaders, led by His Holiness, Pope Francis, and subsequently the AUPSC. We also expect a joint IGAD ministerial visit.
4. These solidarity visits are timely, and they enhance our peace efforts, as they coincide with the third anniversary of the establishment of the Revitalised Transitional Government of National Unity (RTGoNU). I hope the RTGoNU and the people of South Sudan will find inspiration and a spirit of forgiveness in these visits in order to renew public confidence in the peace process by rebuilding trust and showing unity of purpose, and demonstrate genuine political will through joint actions and messaging for peace.
5. My statement this morning will therefore highlight the most recent developments in the implementation of the Revitalised Peace Agreement in accordance with the Roadmap since our last Plenary. I will focus on progress made, pending tasks, and conclude with recommendations.
Excellencies, Ladies and Gentlemen,
6. First, governance. Since our last plenary, some critical benchmarks have been realised. Six bills have been assented to by the President of the Republic of South Sudan pursuant to the R-ARCSS. The bills are the Constitution-making Process Bill 2022; the Transitional Constitution of the Republic of South Sudan 2011 (Amendment) Bill No.11, 2022; the National Police Service (Amendment) Bill 2022; the National Wildlife Service (Amendment) Bill 2022; the Civil Defense Bill 2022; and the National Prisons Service (Amendment) Bill 2022.
7. Whereas the enactment of the bills is a welcome development, I am concerned that the operationalisation of the Acts has been slow. By now, there are critical institutions which should have been reconstituted to pave the way for the implementation of key aspects of the Agreement. For instance, the Political Parties Council which is central for the registration of political parties, and there is also the National Constitutional Review Commission which is tasked with spearheading the constitution-making process.
8. The National Constitutional Amendment Committee (NCAC) has continued with the reviews, amendment and drafting of legislation as provided for in its mandate. In that regard, I would like to urge the RTGoNU to fast-track the enactment of all the revised laws, especially the National Elections Act (Amendment) Bill and Anti-Corruption Commission Act (Amendment) Bill.
9. On the issue of payments to national members of the NCAC and the ad hoc Judicial Reform Committee (JRC), I have been informed that the RTGoNU will cover the payments of the national members of these two institutions, which is a welcome development.
10. Next, security. I can report that with the graduation of troops in Bentiu on 14th January 2022, Phase I of the graduation of the Necessary Unified Forces (NUF) is now complete. Despite graduation, the troops are yet to be redeployed to their respective formations, units and posts, their ranks are yet to be harmonized, and it is important that their welfare be adequately taken care of.
11. According to the Roadmap, the commencement of the training of Phase II of the NUF is to begin without delay as that process is behind schedule. Learning from the experience of Phase I, it is important that the RTGoNU provides adequate material and financial resources, so that the Security Mechanisms can accomplish their tasks in a timely manner. Closely connected with the issue of the unification of forces is the DDR process, which has received very little support. It is difficult to see how the unification of forces can be considered complete without fully functioning and funded DDR programmes.
12. As the process of the unification of forces moves forward into Phase II, another area that needs particular attention is the collection, registration, and storage of weapons and munitions, and I urge the JDB to give this matter its full attention. One further very important but pending task in Chapter 2 is the completion of the Strategic Defence and Security Review process, which is way behind schedule. I would like to hear an update on these issues from the Security Mechanisms.
13. It is very concerning to note that over the holiday period, numerous armed clashes have taken place, cumulatively costing hundreds of lives and displacing thousands of civilians, in particular in Upper Nile State and in the Greater Pibor Administrative Area, as expressed in our joint statement published on 28th December 2022. For all intents and purposes, there is a very serious picture of escalating violence, negatively impacting the environment in which the R-ARCSS is being implemented. I therefore appeal to the Parties involved and the RTGoNU to address the root causes of these armed conflicts and find lasting solutions to resolve them and ensure accountability for crimes committed.
14. Despite its serious operational challenges, CTSAMVM has produced a violation report from Upper Nile State, and it will provide more details this morning. That said, the delayed payment of the national members of CTSAMVM is still a pressing issue. Their role in CTSAMVM is essential as it helps to provide balanced party perspectives in their reports, in addition to facilitating access in the field. I urge the RTGoNU to take this matter with the urgency it deserves.
15. Regarding policing, an integral component of security sector reforms, I am encouraged by the recently initiated Police Reform Programme. Through its reform activities, this programme is intended to build the capacity of the South Sudan National Police Service, and to sensitise on Sexual and Gender Based Violence (SGBV). This is an important part of strengthening the peace process in South Sudan.
Excellencies, Ladies and Gentlemen,
16. On humanitarian affairs, it is encouraging to learn that the NGO Act 2016 is currently being reviewed by the NCAC in order to make it compliant with international best practices. It is concerning to learn that this year already, three humanitarian workers have been killed, in the Abyei Administrative Area and Jonglei State, among scores of civilians who have also lost their lives in violence. It is incumbent upon the RTGoNU to provide a secure environment in which humanitarian workers can deliver aid to those in need.
17. On resource, economic and financial management, there has been limited progress since the last Plenary. However, reforms in the management of South Sudan’s natural resources are progressing. Further, the Bank of South Sudan has directed all commercial banks to close accounts held by various government institutions, an important step in ensuring the “single treasury account” required by the Agreement. As we move into 2023, it is important that the implementation of Chapter 4 proceeds expeditiously, including improved management of the country's resources. I urge all those responsible to redouble their efforts in this regard.
18. In terms of transitional justice, I am informed that the Ministry of Justice and Constitutional Affairs is in the process of drafting the Commission on Truth, Reconciliation and Healing Bill and the Compensation and Reparation Authority Bill. I reiterate my appeal to the Ministry to fast-track this process and establish these important institutions.
19. Regarding the permanent constitution-making process, I welcome the signing into law of the Constitution Making Process Act 2022.
The law requires that the National Constitutional Review Commission (NCRC) shall be reconstituted by the RTGoNU within forty-five days after the coming into force of the Act, namely by 5th February 2023. In this regard, the Parties and Stakeholders to the Agreement were required to have submitted lists of their representatives to the Minister of Justice and Constitutional Affairs by 21st January 2023. I am concerned that the first deadline has already been missed and risks causing further delays in the processes that should follow.
20. I therefore call upon all Parties, and relevant Stakeholders, to immediately submit lists of their nominees to the various Constitution-making bodies. It is imperative that these nominees reflect, among other things, the gender, political, social, ethnic, religious, and regional diversity of South Sudan, as provided for in the Act.
Excellencies, Ladies and Gentlemen,
21. In conclusion, I make the following recommendations to the RTGoNU:
a) reconstitute the Political Parties Council as part of the operationalization of the recently enacted laws, which helps to protect political space, thereby allowing for the registration of political parties;
b) harmonize the ranks of the unified forces, and provide for their welfare so that they can be deployed to provide security and protection of civilians caught up in subnational violence;
c) initiate dialogue between the communities and parties to address subnational violence in the country, particularly in the hotspots of Upper Nile, Jonglei, the Equatorias, and Greater Pibor Administrative Area;
d) commence Phase II of the unification of forces without further delay, and provide adequate resources to the Security Mechanisms and the cantonment sites and training centres; and
e) immediately reconstitute and fund the National Constitutional Review Commission and its Secretariat, and fast-track the establishment of the other mechanisms like the Constitutional Drafting Committee (CDC) and the Preparatory Sub-Committees.
22. Finally, I would like to draw your attention to the fact that elections are due to be held just next year, and now that we are in 2023, it is as clear as it ever was, that so much remains to be done. Furthermore, the levels of community-based violence in the states of Jonglei and Upper Nile, the Greater Pibor Administrative Area, and in the Equatorias, are very concerning.
23. The imminent Ecumenical Peace Pilgrimage to Juba of the three religious leaders, led by His Holiness, Pope Francis, is an indicator of the world’s desire for lasting peace in South Sudan. In responding to this, I urge the leadership of the RTGoNU, the Parties, and the people of South Sudan to renew their confidence in the peace process, rebuild trust and demonstrate genuine political will and unity of purpose, with the spirit of forgiveness and magnanimity, as we forge ahead at this critical time of the implementation of the Peace Agreement, towards the end of the Transition Period as stipulated in the Roadmap.
I Thank You
Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. I welcome you all to the 25th meeting of the RJMEC. We last met on 17 November, four weeks ago, and we are here today following a period of focused and intense regional engagements. There have been recent meetings of the IGAD Council of Ministers, the African Union Peace and Security Council, and the United Nations Security Council, during which the fast-tracking of the peace process in the Republic of South Sudan has been top of the agenda, as it was at the recent Sixth Governor’s Forum.
2. On 30 November 2022, RJMEC attended and engaged with the IGAD Council of Ministers at its 48th Ordinary Session in Khartoum, Sudan, and addressed the African Union Peace and Security Council on the same day. I also briefed the UN Security Council last night.
3. With respect to the IGAD meeting, allow me to highlight some of the critical resolutions made concerning implementation of the Revitalised Peace Agreement:
a) the Council welcomed the roadmap;
b) urged the RTGoNU and Parties to implement the Roadmap in letter and spirit;
c) decided to undertake a joint ministerial visit to Juba;
d) to hold a bi-annual Extraordinary IGAD Council of Ministers meeting to review progress in implementation of the Revitalised Peace Agreement; and
e) to convene a meeting of the IGAD Chief of Defence Forces to assess the immediate needs of CTSAMVM.
4. Regarding the AU Peace and Security Council meeting held on 30 November, it reiterated the commitment of the AU as a guarantor of the Revitalised Agreement, requested that its Panel of the Wise visit South Sudan, and it also decided to undertake a solidarity visit to South Sudan on the third anniversary of the formation of the Transitional Government on 22 February 2023. Clearly, RJMEC’s appeals regarding the importance of consolidating our efforts, speaking with one voice, and bringing our collective leverage to bear and push for timely implementation of the Roadmap has been taken seriously, and this augurs well for South Sudan.
5. I also had the opportunity recently of briefing the President of the Republic of Kenya, H.E. Dr. William Ruto, on issues related to the Revitalised Peace Agreement. Furthermore, the holding of the Inter-Parliamentary games here in Juba, featuring so many Members of Parliament from the East African region, is a very positive signal.
6. The leaderships in the region and beyond have shown their determination to urgently build on recent progress in order to push for more implementation. Therefore, it is incumbent upon the Revitalised Transitional Government of National Unity (RTGoNU) to match that level of determination in the pace of implementation of the Roadmap.
7. Furthermore, the recently concluded Sixth Governor’s Forum, with the theme ‘Accelerating the implementation of the Revitalised Peace Agreement in accordance with the Roadmap 2022’, also provided a high-level platform to deliberate the issues which are critical to the timely implementation of the Agreement.
8. Thus as we come to the close of the year 2022, my statement this morning will only highlight the most recent developments in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) in accordance with Roadmap since our last Plenary. I will focus on progress made, outstanding tasks within the Roadmap timeframe, and conclude with recommendations.
Excellencies, Ladies and Gentlemen,
9. First, governance. Since we last met, the National Constitutional Amendment Committee (NCAC) has made significant progress drafting key priority legislation, with the National Elections Act 2012 and Anti-Corruption Commission Act 2009 both recently completed and submitted to the Minister of Justice and Constitutional Affairs. Additionally, the NCAC has begun its review of the National Revenue Authority Act, and the Bank of South Sudan Act, and the Banking Act to ensure alignment with the R-ARCSS. That said, these bills are yet to be presented to the Council of Ministers or tabled to the Transitional National Legislature. I urge further progress in this regard.
10. Next, security. The graduation on 21 November in Malakal, Upper Nile State, brings the total of those graduated in Phase 1 of the unification of forces to approximately 49,000 out of the target 53,000. As reported at the last Plenary, commencement of Phase 2 of forces was to have begun by 30 September 2022. It is expected that Phase 2 will involve troops assembling in the Cantonment Sites with weapons ready to move to training areas. I look forward to receiving an update from the Joint Defence Board.
11. Next, regarding CTSAMVM verified violations of the Transitional Security Arrangements. In my last plenary statement, I highlighted two violation reports, namely, Sexual and Gender Based Violence in Koch and Leer Counties of Unity State, and the torture and killing of three civilians in Kiri Boma of Kajo Keji County, Central Equatoria State. I would like to report that RJMEC received a response from the SSPDF Chief of Defence Forces on the latter, who informed us that the investigation was concluded, and the matter is before the court. In the same vein, it is important that RJMEC’s other letters about violation reports are responded to.
12. Since the last Plenary, CTSAMVM has written further violation reports about denial of access, information and harassment of CTSAMVM personnel at Wunliet Cantonment Site in Central Equatoria State, and recruitment and training in Northern Bahr el Ghazal state. CTSAMVM will provide further details.
13. As highlighted in our recent joint statement of RJMEC, UNMISS, the African Union Mission in South Sudan, IGAD, and some members of the international community, RJMEC is deeply concerned over the escalating violence in both Upper Nile and Jonglei States with innocent lives being lost, thousands displaced, livelihoods and property destroyed. If not addressed urgently, the wider ramifications of such violence could destabilize the ongoing implementation of the Peace Agreement. It is important that CTSAMVM, which reports to RJMEC, be given the necessary resources to investigate and evaluate such incidents of violence.
14. In terms of humanitarian affairs, according to UN OCHA, an estimated 9.4 million people are expected to have humanitarian and/or protection needs in 2023, an increase of half a million people since 2022. As we know, there are growing concerns that the magnitude and severity of humanitarian needs are persistent and rising. Therefore, I would like to reiterate the importance of the establishment of the Special Reconstruction Fund, a critical coordinating mechanism for recovery and development efforts. I appeal to the RTGoNU to establish the Board of the Special Reconstruction Fund, and for it to work closely with partners to mobilise the requisite resources, including through the South Sudan pledging conference.
15. On the management of economic and financial resources, it is encouraging to note that overall, the RTGoNU has registered some milestones in policy reviews and the management of natural resources, agricultural policies, strategies and programmes. The National Land Policy is now in its final stage. However, the policy for the management and use of the country’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.
16. On Chapter 5, transitional justice, RJMEC expects public consultations with refugees and persons in the diaspora to commence soon to further guide the drafting of the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH). The Ministry of Justice continues to undertake expert consultations that will inform the Compensation and Reparation Authority (CRA) legislative framework. RJMEC urges the Ministry to complete this phase of the process and expedite the drafting of the CTRH and the CRA Bill.
17. On Chapter 6, the parameters of the permanent constitution, I am informed that the Constitution-making Process Bill 2022 passed by the Transitional National Legislature (TNL) has not yet been submitted to the President for assent to become law. This is important to kickstart the reconstitution and appointment of the relevant institutions essential for the making of the new constitution, which include the National Constitutional Review Commission, the Preparatory Sub-Committee for the convening of National Constitutional Conference, and then, the Constitution Drafting Committee.
18. Meanwhile, it is important to note that the Agreement institutions and mechanisms, such as the NCAC, Judicial Reform Committee, CTSAMVM, among others, are critical to the ongoing implementation of the Agreement. It is essential that the allowances of their national members continue to be paid in order to facilitate their work, and I would like to receive a report from the National Transitional Committee on this matter.
Excellencies, Ladies and Gentlemen,
19. As I have said previously in this forum, peaceful and democratic elections are within our reach, and are possible in the next 24 months, if we focus our collective efforts on facilitating progress. My recommendations to the RTGoNU are as follows:
a) adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks;
b) urge the reconstituted TNL to expedite the processing of all Bills before the Legislature;
c) commence with Phase 2 of the unification of forces, which is overdue, and avail funding and political support to the DDR programmes, which is an essential component of the unification of forces;
d) address subnational violence, especially in Upper Nile and Jonglei States, hold perpetrators accountable, and take steps to address the root causes and protect civilians and their property;
e) kickstart preparations for the reconstitution and appointment of the critical Constitution Making mechanisms and institutions, including giving due attention to the 35% level of women’s participation, as well as taking note of youth and people living with disabilities; and
f) take note of both the communiques from the 48th Ordinary Session of the IGAD Council of Ministers and the 1123rd meeting of the AU PSC from their 30 November meetings on South Sudan.
20. In conclusion, I would like to highlight the first resolution of the Sixth Governor’s Forum, which affirmed the “commitment of the States and the Administrative Areas to implementation of the R-ARCSS through the Roadmap 2022.” With this in mind, and against the backdrop of the diplomatic support affirmed at the recent IGAD, AU Peace and Security Council and UN Security Council meetings, RJMEC expects that progress should be more rapid and substantial in the new year 2023.
21. As I told the Governor’s Forum, there are immense tasks and expectations ahead, and even with the extension, time is of the essence. The people of South Sudan deserve nothing less than total implementation of the Roadmap in letter and spirit in order to enjoy the peace dividends that it brings.
22. I would like to finally take this opportunity to wish each one of you a very Merry Christmas, and may the New Year bring you the strength and impetus to continue with the important work of building durable peace in South Sudan.
I Thank You.
- President of the UN Security Council,
- Distinguished Members of the Council,
- Excellencies,
- Distinguished Ladies and Gentlemen,
1. It is my pleasure to brief the Security Council today, which is just over nine months since I last briefed this august Council. I would like to take this opportunity to thank this Council for the invitation, expressed in UNSC Resolution 2633, adopted on 26 May 2022, to “share relevant information with the Council, as appropriate, on its assessment of the parties’ implementation of the Revitalised Agreement, adherence to the Cessation of Hostilities Agreement, and the facilitation of unhindered and secure humanitarian access.” Furthermore, article 7.9 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) mandates us to report, inter alia, to this Council every three months.
2. The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) is the official oversight body mandated to monitor, evaluate, and report on the implementation of the Revitalised Agreement. RJMEC oversees the mandate and tasks of the Revitalised Transitional Government of National Unity (RTGoNU), including the adherence by the Parties to the agreed timelines and implementation schedule. RJMEC is comprised of 43 members, as per article 7.2, including the Parties to the Agreement, other South Sudanese stakeholders, regional guarantors, UNMISS, IGAD countries, the AU, People’s Republic of China, and the Troika, all of which participate in the delivery of our mandate.
3. My briefing to this Council will focus on the key milestones achieved in the implementation of the Revitalised Peace Agreement since my last report in March 2022, and critical pending tasks. I will also highlight challenges, and conclude with my recommendations.
Mr. President
4. As reported to this Council in March 2022, due to the slow pace of progress of the implementation of the Revitalised Peace Agreement, RJMEC urged the Revitalised Transitional Government to prepare a roadmap, including its strategy for implementing the Agreement’s critical outstanding tasks.
5. The Revitalised Transitional Government duly developed a roadmap setting out the path to peaceful and democratic elections. The Roadmap, entitled “Agreement on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan”, has been endorsed by the RJMEC and ratified by the Reconstituted Transitional National Legislature (TNL) in accordance with Article 8.4 of the Revitalised Peace Agreement. This detailed document, developed and owned by the Parties to the Agreement themselves, contains a wide range of critical tasks and timelines, which, if implemented fully in letter and spirit, would ensure the conduct of peaceful and credible democratic elections in December 2024.
Mr. President,
6. I will now give a chapter-by-chapter update on progress. On Governance, the reconstituted Transitional National Legislature (TNL) passed the following bills: the South Sudan People’s Defense Force Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill and the Constitution-making Process Bill. Other bills, such as the National Prisons Service Bill and the Civic Defense Service Bill, are being processed by the TNL.
7. In addition, the National Constitutional Amendment Committee has reviewed and drafted several amendments to the key priority legislation, including the National Audit Chamber Act, Public Finance Management and Accountability Act, Petroleum Act, Petroleum Revenue Management Act, the National Elections Act and the Anti-Corruption Commission Act. It is currently reviewing the National Revenue Authority Act, the Bank of South Sudan Act, and the Banking Act.
8. The outstanding governance tasks required by Chapter 1 include the judicial reforms in article 1.17, the completion of reforms of national Institutions and Commissions, listed in article 1.19, and the reconstitution of the Political Parties Council, the amendment of the National Elections Act, and the reconstitution of the National Elections Commission, in article 1.20.
9. On the Permanent Ceasefire and Transitional Security Arrangements, the Revitalised Transitional Government resolved the impasse over the Unified Command structure, including the appointments of unified Commanders in April 2022. Furthermore, approximately 49,000 out of 53,000 Necessary Unified Forces of Phase 1 have been graduated. However, Phase 2 of the unification of forces, which will complete the graduation of the Necessary Unified Forces, has not yet begun, and is overdue.
10. That said, insecurity persists in some parts of South Sudan. As highlighted in our recent joint statement of RJMEC, UNMISS, the African Union Mission in South Sudan, IGAD, and some members of the international community, RJMEC is deeply concerned over the escalating violence in both Upper Nile and Jonglei States with innocent lives being lost, thousands displaced, livelihoods and property destroyed. If not addressed urgently, the wider ramifications of such violence could destabilize the ongoing implementation of the Peace Agreement. It is important that the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), which reports to RJMEC, be given the necessary resources to investigate and evaluate such incidents of violence.
11. There are critical Transitional Security Arrangements tasks which have not yet been completed. They include the funding and operationalisation of Disarmament, Demobilisation and Reintegration Commission programmes, and the Strategic Defence and Security Review, which is critical for security sector reforms.
12. Regarding Humanitarian Assistance and Reconstruction, some humanitarian corridors remain opened and continue to facilitate free movement of goods, services and people across borders, including the voluntary return of more than 600,000 people since 2018. However, various factors have exacerbated the already dire humanitarian situation in the country. These include prolonged subnational violence; widespread floods; food insecurity; reduced funding and humanitarian access, and lack of basic services. Furthermore, the establishment of the Special Reconstruction Fund, in article 3.2 of the Agreement, a critical coordinating mechanism for recovery and development efforts, is long overdue.
13. As for Resource, Economic and Financial Management, it is encouraging to note that the Revitalised Transitional Government has initiated reforms in Public Financial Management, and relevant banking and resource management laws are being reviewed. Furthermore, policy reviews and the management of natural resources, agricultural policies, strategies and programmes are underway. However, the comprehensive policy for the use and management of the country’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.
14. On Transitional Justice, the Revitalised Transitional Government conducted public consultations to help guide the legislation for the establishment of the Commission for Truth, Reconciliation and Healing (CTRH). The drafting of the CTRH Bill and the Compensation and Reparation Authority Bill is ongoing. On the Hybrid Court for South Sudan, the responsibility for its establishment lies with the African Union Commission working with the Revitalised Transitional Government, and this is still pending.
15. The making of the permanent constitution is critical for guiding the conduct of elections at the end of the Transitional Period and some progress has been made in this regard. On 24 October 2022, the reconstituted Transitional National Legislature passed the Constitution Making Process Bill 2022, but it has yet to be presented to the President for assent. Once signed into law, the Revitalised Transitional Government is expected to reconsitute and appoint all the institutions essential for the making of the permanent constitution.
Mr. President,
16. During the Roadmap phase, it is critical that the Revitalised Transitional Government provides an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process and expedite implementation of all critical outstanding tasks.
17. There is also need for all actors, parties and stakeholders alike, including partners and friends of South Sudan to focus more on facilitating progress. To achieve these, there is need to continue building trust amongst the Parties; enhance capacity of implementers; address subnational violence, and the dire humanitarian situation. Furthermore, RJMEC, and CTSAMVM in particular, face significant operational challenges following the withdrawal of US funding.
Mr. President,
18. I would like to close my statement with the following recommendations to this august Council:
a. increase engagements with the Revitalised Transitional Government to adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks;
b. urge member states to provide political, technical, and logistical support to the Revitalised Transitional Government for the implementation of the priority areas of the Roadmap, including the DDR process, the Permanent Constitution-making process, and elections;
c. encourage the Revitalised Transitional Government to ensure civic and political space are guaranteed and protected throughout the country;
d. appeal to the Revitalised Transitional Government to urgently address the root causes of intercommunal violence and insecurity in the country, especially in Upper Nile and Jonglei States;
e. further appeal to the Revitalised Transitional Government, in collaboration and support of international partners and friends of South Sudan, to establish and operationalise the Special Reconstruction Fund to pave the way for the mobilisation of resources for post-conflict recovery and reconstruction; and
f. appeal to member states to consider political, logistical and financial support to the monitoring and oversight institutions, RJMEC and CTSAMVM, to enhance their operational capabilities.
19. Finally, Madam President, I would like to appeal to the Council to remain seized of the peace process in South Sudan, and to consider undertaking regular visits to South Sudan as a show of solidarity. IGAD and the AU have responded very positively to RJMEC’s recent appeals for enhanced engagement with South Sudan. The importance of consolidating our efforts, speaking with one voice, and bringing our collective leverage to bear and pushing for timely implementation of the Roadmap cannot be overemphasised.
20. For the Roadmap to be implemented in letter and spirit within the stipulated timeline, the full support of the Security Council will be of great importance as the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan continues to offer the best opportunity of lasting peace in South Sudan.
I Thank You.
H.E. Dr. Wani Igga, Vice President of the Republic of South Sudan and Head of Economic Cluster
Hon. Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs
Hon. Ngor Kolong Ngor, Chairperson Anti-Corruption Commission
Honourable Ministers present
Excellencies, Members of the Diplomatic Corps,
Distinguished Ladies and Gentlemen
Good morning!
I am deeply honoured and privileged to speak on this occasion to mark the International Anti-Corruption Day in the Republic of South Sudan. I bring you greetings and sincere apologies from H.E Amb. Maj. Gen (rtd) Charles Tai Gituai, Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) who unfortunately could not attend this important event due to unavoidable circumstances.
I thank Hon. Ngor Kolong Ngor, Chairperson of the Anti-Corruption Commission for inviting RJMEC and for organizing this event. I also thank UNMISS for partnering with and supporting the Commission to make this event a success.
Excellencies, Ladies and Gentlemen
There is no doubt that corruption, misuse and abuses of public resources is one of the major conflict drivers and indeed a huge impediment to economic development, social services delivery, peacebuilding and transformation in every society. That is why reforms geared at promoting accountability, prudent and transparent management of public finances and oil revenues are at the core of the implementation of the Revitalized Peace Agreement.
Indeed, a whole chapter, Chapter 4 of the R-ARCSS is dedicated to resource, economic and financial management reforms including institutional reforms, legislative reforms, oil/petroleum management, land reforms, environmental protection, wealth sharing and revenue allocation, public expenditure, borrowing, public finance management and enterprises development funds.
As you may all know by now, some good progress is being made in this regard. The Revitalized Transitional Government of National Unity has initiated a number of reforms in Public Financial Management including operationalization of the treasury single account, creation of the Public Procurement and Asset Disposal Authority and review of several legislation including the Public Financial Management Act, National Audit Chambers Act, Petroluem Act, Petroluem Revenue Management Act, and the Anti-Corruption Commissions Act.
All these laws have now been reviewed by the National Constitutional Amendment Committee (NCAC) which has drafted Amendment Bills and handed them over to the Minister of Justice and Constitutional Affairs. These laws have been amended to align them with the Revitalized Peace Agreement and international best practices in order to ensure transparency and accountability. In the case of the Anti-Corruption Commission Bill, once enacted, the Commission will be reconstituted in accordance with the amended Act fully empowered to fight corruption and it will have all our support, consequently, South Sudan will have some of the most progressive and effective legal frameworks in the management of public finances and resources, including in the fight to combat corruption. What will remain however will be their full implementation and for this to happen, we must all play a role.
Therefore, the theme chosen for today’s celebration is particularly relevant for South Sudan, that is: “Your Role, Your Right. Say No to Corruption, Your No Count”. We are all being called to action.
Excellencies, Ladies and Gentlemen
As we mark this international day, dedicated to highlight the rights and responsibilities of all stakeholders-including states, government officials, civil servants, law enforcement officers, media, private sector, civil society, academia, women, youth, and the public generally in tackling corruption, let it begin with us here. Let us all say no to corruption.
RJMEC would like to use this opportunity to appeal to the RTGoNU, in particular to the Honorable Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs to expeditiously present all the amendment bills already submitted to him, by the NCAC to the Council of Ministers and table the same before the reconstituted TNLA for enactment soonest possible. Further, we appeal to the Honorable Madam Speaker to forward the Constitution Bill to H.E. the President for assent. The enactment of these pending laws and the assent of the Constitution Bill will lay a firm foundation for transparency and accountability in the Republic of South Sudan and aid our collective efforts towards implementation of the Peace Agreement for a democratic process of governance that is able to combat corruption.
As I conclude, I appeal to our regional and international partners to support the efforts of the Government and people of South Sudan to curb this vice of corruption, by building capacitie of critical institutions, like the Anti-Corruption Commission and Audit Chambers and put in place the necessary systems to investigate and curb the multifaceted challenges of corruption, including by sharing best practices.”
I thank you all and wish you a successful event.
STATEMENT BY H.E. AMBASSADOR MAJ. GEN. (rtd) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE HIGH-LEVEL GOVERNORS’ FORUM
Wednesday, 23 November 2021, Juba, South Sudan
- Your Excellency Gen. Salva Kiir Mayardit, President of the Republic of South Sudan
- Your Excellency Dr Riek Machar Teny, 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, Taban Deng Gai, Vice President of the Republic of South Sudan and Chair of Infrastructure Cluster;
- Your Excellency, Hussein Abdel Bagi, 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, Rt Hon. Speaker of the Reconstituted TNLA,
- Your Excellency, Nicholas Haysom, SRSG and Head of UNMISS
- Honourable Ministers,
- Governors, Deputy Governors and Chief Administrators of the Administrative Areas
- Excellencies Ambassadors,
- Distinguished Ladies and Gentlemen,
Good morning!
1. It is my distinct honour to address this 6th High-Level Governors’ Forum, as the Interim Chairperson of the RJMEC this morning. When I had the privilege to address this Forum last year, I emphasized the core responsibility of the RTGoNU executives at national and state levels to ensure the full and timely implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
2. This November, the implementation of the R-ARCSS is already in its fifth year since it came into force in 2018. Notwithstanding the challenges, progress has been witnessed over the past years, including resolution of the number of states and their boundaries, establishment of executive and legislative arms of government at national and state levels, legal and institutional reforms, adherence to the permanent ceasefire, unification of the Command Structure and graduation of the first batch of the unified forces, among others.
3. However, aware of the fact that there are critical outstanding tasks of the R-ARCSS within the limited timeframe left, RJMEC requested the Parties to the R-ARCSS to prepare a roadmap and strategy for the implementation of the outstanding tasks.
4. On 2nd August, the Parties reached consensus on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the R-ARCSS. The Council of Ministers of the RTGoNU endorsed it on 4th August, RJMEC consented to it on 1st September and the RTNL ratified it on 16th November 2022 pursuant to article 8.4 of the R-ARCSS. The Roadmap, which now extends the Transitional Period by 24 months from February 2023 to February 2025, was developed and owned by the Parties to the R-ARCSS themselves.
5. It is encouraging that the theme of the 6th Governor’s Forum is themed ‘accelerating the implementation of the Revitalized Peace Agreement in accordance with the Roadmap 2022. This Forum, which is such an influential policy platform, is a very timely way in which to collectively address this issue, and I would like to thank the Ministry of Presidential Affairs, with support from the UNDP, for all their work in putting this Forum together. In particular, enhancing collaboration between all the RTGoNU structures from the national to the State levels is critical, particularly for timely, effective and efficient implementation of the R-ARCSS.
6. In line with the mandate of RJMEC, my statement this morning will focus on the status of implementation of the R-ARCSS to date chapter by chapter, highlight key pending tasks, recurring challenges, and conclude with recommendations.
Excellencies, Distinguished Ladies and Gentlemen,
7. With regards to Chapter 1 on the RTGoNU, a number of tasks have been completed, key among these being:
a. the number of states and their boundaries was resolved in February 2020 by returning to 10 states and three Administrative Areas, from the previous figure of 32 states;
b. formation of government structures at the national and sub-national levels, including the executives and Transitional National Legislature and State Assemblies;
c. incorporation of the Revitalised Peace Agreement into the Transitional Constitution of the Republic of South Sudan (TCRSS) 2011, as amended;
d. the passing of numerous pieces of legislation by the Transitional National Legislature, including the Constitutional Amendment Bills, the SSPDF Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill; and the Constitution-making Process Bill, and ratification of the Roadmap; and
e. initiating judicial reforms through the establishment of the ad-hoc Judicial Reform Committee in July 2022.
8. Some key tasks of Chapter 1 remain outstanding. They include the restructuring and reconstitution of the Institutions and Commissions at the national level, judicial reforms and tasks related to elections. A focus on elections is important because it is a central task of the Revitalised Peace Agreement, and the Roadmap itself is geared towards a peaceful and democratic end of the Transitional Period. In the opinion of RJMEC, careful attention to the following will greatly assist in accelerating the implementation of the Agreement, which is critical for this Forum:
a. provision of an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process;
b. the process of making of the permanent constitution, the provisions of which will guide elections;
c. completion of the phase 2 of the unification and redeployment of all the Necessary Unified Forces (NUF);
d. the Political Parties Council needs to be reconstituted and operationalised;
e. the National Elections Act, 2012 must be reviewed and amended so that it conforms to the R-ARCSS and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections;
f. implementation of programmes for relief, protection reconstruction, repatriation, resettlement, rehabilitation and reintegration of refugees, IDPs and returnees;
g. various critical election processes must begun early, such as voter registration, and publication of the voters register six months prior to elections; and
h. the security forces must prepare for elections-related security tasks at least six months before the end of the Transitional Period.
9. On the Permanent Ceasefire and Transitional Security Arrangements (TSA), the completed tasks include:
a. establishment or reconstitution of key Chapter II Security Mechanisms;
b. establishment of Cantonment Sites and Training Centres throughout the country, and graduation of the Necessary Unified Forces has begun, with only one more graduation event scheduled to take place before Phase I is completed;
c. reconstitution of the DDR Commission as a critical component of the unification of forces;
d. the holding of the Permanent Ceasefire between the Parties to the R-ARCSS despite violations at the tactical level; and
e. Agreement on the Unified Command structure of the united forces.
10. Considering the fact that Transitional Security Arrangements are the backbone of the Agreement, it is important to flag the outstanding tasks, which were supposed to have been accomplished by 30 September 2022 as provided for in the Roadmap. These tasks include: redeployment of Phase 1 of the graduated NUF and commencement of its Phase 2; finalisation of the Strategic Defence and Security Review documents; provision of clear and predictable funding for DDR programmes; and development of a clear plan for the management of weapons from troops going to training centres.
11. However, the conditions of instability in parts of the country, such as in some areas of the Equatoriasand Greater Upper Nile are complicating the implementation of the Transitional Security Arrangements. Subnational or inter-communal violence continues to sap the energy from full implementation of Chapter 2, as do the activities of the holdout groups. In particular, the State Governors present here today have a very important role to play in addressing these incidents of instability and the conditions which give rise to them.
Excellencies, Distinguished Ladies and Gentlemen,
12. Under Chapter 3 of the Revitalised Peace Agreement on humanitarian affairs, the opening of some humanitarian corridors which have facilitated free movement of goods, supplies, services, and people across borders, enabling some voluntary returns is a critical benchmark. According to reports from UNHCR, at least half a million South Sudanese refugees have spontaneously returned home since October 2018.
13. Conversely, the current humanitarian context in the country presents a worrying picture. The magnitude and severity of humanitarian needs have continued to rise, due to the cumulative effects of prolonged community-based conflicts, widespread flooding, and high levels of food insecurity. Also, there are concerns regarding access and safety of humanitarian workers and their assets. This year alone, eight aid workers lost their lives.
14. Under this chapter 3 therefore, there are critical tasks awaiting to be implemented. They include the establishment of the Special Reconstruction Fund and the Board of the Special Reconstruction Fund (SRF), including preparation for the SRF programme and a detailed action plan for the reconstruction of conflict affected states and other areas. The requirement for the SRF of an initial funding of not less than USD 100 million per annum by 30th August 2022 in accordance to the Roadmap,has not been implemented. Without establishing the SRF, the South Sudan pledging conference cannot be convened. In addition, the R-ARCSS requires that the 2016, NGO Act should be reviewed to ensure that it is aligned with international best practices. But this law is yet to be reviewed and amended.
15. The tasks which are within the purview of the RTGoNU to be addressed include: the creation of an enabling environment for the delivery of humanitarian assistance; instituting programmes for relief protection, repatriation, reintegration and rehabilitation of IDPs and returnees, and offer special consideration to the war-affected persons in the provision of public service delivery, including access to health and education; guaranteeing the rights of refugees to return in safety and dignity, and the rights of returnees and assist in the reunification of separated families; guaranteeing refugee and IDP citizenship and ensuring IDs and all documentation for spouses, property and land; and guaranteeing the rights of returnees and IDPs to return to their places of origin and/or live in areas of their choice in safety and dignity.
16. Chapter 4, on Resource, Economic and Financial Management. During the Agreement period so far, critical benchmarks have been reached in the following areas:
a. establishment of a competent and effective mechanism that oversees revenue collection, budgeting, revenue allocation and expenditure;
b. review of all current employment in the oil sector;
c. review, vetting and taking of corrective measures on all contracts awarded to oil service companies;
d. review and audit of the previous allocation and transfer of the 2% and 3% made to oil producing States and counties since 2011;
e. progress by the Ministry of Petroleum in implementing reforms in the petroleum sector, including in the areas of employment and more transparent operations in the sale of oil.
17. Overall, however, public financial reforms have been slow. The tasks in need of careful attention 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 Government’s Financial Statements, and completion of the review of banking laws;
c. review of the Fiscal and Financial Allocation Monitoring Commission;
d. closing any Petroleum revenue accounts other than those approved by law, which was supposed to have been completed by 30th August 2022; and
e. review of the Petroleum Act 2012, the Anti-Corruption Commission Act 2009 and the Audit Chamber Act 2011.
Excellencies, Distinguished Ladies and Gentlemen,
18. In terms of Transitional Justice, Chapter 5; as we know the Agreement provides for the establishment of three mechanisms, namely: Commission for Truth Reconciliation and Healing (CTRH); the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA).
19. The following benchmarks have been achieved under the chapter:
a. approval of a roadmap for the implementation of chapter 5;
b. appointment of a ministerial task force to coordinate day to day implementation of Chapter 5;
c. establishment of a consultations mechanisms i.e., the Technical Committee on CTRH establishment;
d. the launch and completion of the first phase of public consultations that will inform the legislation establishing the Commission for Truth Reconciliation and Healing (CTRH);
e. study tours of The Gambia and later this month South Africa, to understand their transitional justice experiences, particularly around truth seeking and reconciliation processes;
f. commencement of the drafting of the CTRH bill; and
g. consultations commenced on good practices that will inform the Compensation and Reparation Authority legislative framework.
20. That said, none of the three mechanisms is established. Key outstanding tasks include: conducting public consultations with the other remaining stakeholders, such as refugees, IDPs and the Diaspora for the establishment of CTRH; establishment of CTRH by law, which was to be done by 30thOctober 2022 and operationalised by 30th November 2022; and initiation of legislation to establish the Hybrid Court for South Sudan and the Compensation and Reparation Authority.
21. Regarding Chapter 6, the constitution-making process was initiated by the RTGoNU in January 2021 with the adoption of a roadmap developed by the Ministry of Justice and Constitutional Affairs (MoJCA). RJMEC convened a workshop for the Parties and Stakeholders who agreed on the details for conducting the constitution-making process in May 2021, and its resolutions informed the Constitution-making Process Bill 2022 drafted by the Ministry of Justice and Constitutional Affairs and passed by the Transitional National Legislature last month, October.
22. Once the Bill becomes law, it will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), including the establishment of the Preparatory Sub-Committee for the convening of the National Constitutional Conference. The Agreement requires the Parties and other Stakeholders to submit the list of their nominees to the taskforce within 30 days after the coming into force of the Bill. Also, the Reconstituted NCRC is mandated to recruit the members of the Constitution Drafting Committee (CDC). These bodies are critical in the making of the new constitution to guide the conduct of elections at the end of the Transitional Period.
Excellencies, Distinguished Ladies and Gentlemen,
23. Throughout the period of implementation, various challenges have surfaced again and again. They include among others: the cumulative effects of prolonged subnational and inter-communal conflicts; capacity gaps; lack of funding; and the dire humanitarian situation contributed to by natural disasters such as floods.
24. Despite these challenges, and bearing in mind the slow pace of implementation, the Roadmap provides an opportunity to renew the impetus for building peace in South Sudan. There are immense tasks ahead, even with the extension, and time is of the essence. The people of South Sudan deserve nothing less than total implementation of the Roadmap in letter and spirit in order to enjoy the peace dividends that it brings.
25. In conclusion, I would like to offer the following recommendations to the RTGoNU, which also comprise you, the Governors. Firstly, adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks. Next, all outstanding bills to be passed expeditiously by the TNLA. Then, pay careful attention to implementing all the tasks necessary for the smooth conduct of credible elections at the end of the extended Transitional Period. Throughout all governance-related tasks and appointments, ensure women’s participation in governance and decision-making at the Agreement-mandated level of 35%. Also please consider the Youth and People Living with Disabilities as well.
26. Next, complete phase 1 graduation and redeployment of the Necessary Unified Forces, and commence with phase 2, which is overdue, and avail funding and political support to the DDR programmes, which is an essential component of the unification of forces. Also important is to undertake initiatives aimed at addressing inter-communal violence and the conditions which contribute to it. Finally, RJMEC recommends to fast track the establishment and operationalisation of the Transitional Justice mechanisms, and to ensure a people-led and people-driven constitution making process.
27. The end state of the Revitalised Peace Agreement is democratic transition through elections, and I have listed some of the key tasks to be implemented to help ensure their smooth conduct. State Governments have a strategic role to play in creating an enabling environment for the successful implementation of the R-ARCSS, including the conduct of elections.
28. I implore you to work collegially and in close collaboration with the national government, other state governments, lower-level government structures within your states, local capacities, and infrastructures for peace to ensure conflict early warning and mitigation, prevention, response and management. Your efforts will guarantee social cohesion, community security, safe political and civic space, public consultations during the permanent constitution-making process as well as during the time for conducting elections.
29. Finally, as the heads of State Government, I urge you to continue providing leadership in your respective States, strive to put the interest of the country first and work with your counterparts, no matter their political affiliations or identities, within the spirit of collegiality to implement the Revitalized Agreement of the Resolution to the Conflict in the Republic of South Sudan - R-ARCSS.
I Thank You.