HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning. 

1.  First of all, I would like to take this opportunity to wish you all a Happy Independence Day which took place on 9 July 2021, and for our Muslim brothers and sisters, I wish you an Eid Mubarak.

- Your Excellency, Chairperson of the IGAD Council of Ministers

- Excellencies, Members of the Council

- Your Excellency, IGAD Executive Secretary

- Your Excellency, IGAD Special Envoy to South Sudan

- Honourable Ministers,

- Excellencies,

Ladies and Gentlemen,

Good morning

1. It is my honour to address this Council today for the first time as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC).

2. It is also my honour to present to the Council the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), including the challenges faced, my overall observations, and recommendations to the Council.

3. This report builds on the briefing that my predecessor, Amb. Lt. Gen Augostino Njoroge, made to the members of the 36th Extraordinary Summit of the IGAD Heads of State and Government on 14 July 2020, and the briefing made previously to the 71st Extraordinary meeting of the IGAD Council of Ministers held on 23 April 2020.

Excellencies, Ladies and Gentlemen,

4. In our last briefing to the IGAD Heads of State and Government on 14 July 2020, RJMEC had highlighted several pending critical tasks that had not yet been implemented, including those carried over from the Pre-Transitional Period. In particular:

a) reconstitution of the Transitional National Legislature, comprising the Transitional National Legislative Assembly and the Council of States;

b) unification of forces, including their redeployment; and

c) Disarmament Demobilisation and Reintegration (DDR) process for the former combatants.

5. In that regard, I commend the Summit for taking up these concerns seriously and for pronouncing itself in its Communique of the 36th Extraordinary Summit of the IGAD Heads of State and Government.

Excellencies, Ladies and Gentlemen,

6. I am pleased to report to this Council that on 8 May 2021, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, dissolved the Transitional National Legislative Assembly (TNLA) and the Council of States and subsequently reconstituted the TNLA on 10 May 2021. This is a welcome development in terms of implementation of the governance aspects of the Agreement under Chapter 1. What now remains, are the swearing in of the Reconstituted TNLA, reconstitution of the Council of States, and the State Legislative Assemblies, and the restructuring and reconstitution of Institutions and Commissions at the national level. It is my hope and expectation that the reconstituted TNLA will soon be sworn in to commence its business and that it will immediately ratify some important legislation that has been held up, such as the amended security bills and the Constitutional Amendment Bill No. 8 (2020). Our preliminary gender analysis of the appointments to the reconstituted TNLA suggests that women constitute 33% of the members of the reconstituted TNLA.

7. Also important under Chapter 1 is the requirement for Judicial Reforms under Article 1.17 of the Agreement. Accordingly, I am pleased to report that steps are underway to establish the Ad-hoc Judicial Reforms Committee (JRC) which is mandated to study and recommend appropriate judicial reforms. I commend the Minister of Justice and Constitutional Affairs, and his taskforce for endorsing the draft Terms of Reference, jointly developed by RJMEC and IGAD advisors. This now paves the way for the IGAD to nominate the Chairperson and Deputy for this Committee and for the parties to nominate their representatives, and I call upon all responsible to expedite this process.

8. Next, Chapter 2 on the Transitional Security Arrangements (TSAs). The successful implementation of the TSAs is critical to sustainable peace in South Sudan. As this Council will recall, this is a task of the Pre-Transitional Period which was carried forward into the Transitional Period. Regrettably, I would like to report to this Council that despite the call at 36th Extraordinary Summit of the Heads of State and Government that the RTGoNU was “to provide the necessary funding and logistical support to expedite the implementation of the TSA, particularly the conclusion of training, graduation and redeployment of the NUF,” there has been very minimal progress on the implementation of the TSAs. It is clear that the unification of forces had stalled, and the conditions in the Cantonment Sites and Training Centres have markedly deteriorated.

9. However, on 8 June 2021, a meeting of the RTGoNU Presidency resolved as follows: to accelerate the process of graduating the unified forces, and developing a unified command, and to relocate both government and opposition forces to the cantonment sites for further training. Furthermore, the President directed the mobilisation of the necessary logistics support for the unified forces. Consequently, some resources have since been provided by the National Transitional Committee to the Security Mechanisms.

10. The Disarmament, Demobilisation and Reintegration (DDR) as an integral part of the unification process and a critical component for successful implementation of the TSAs continues to lag behind. RTGoNU has not given sufficient attention and support to the DDR Commission, hence undermining its capacity to deliver on its mandate. DDR is an important and costly activity, and the RTGoNU should avail the requisite resources to the DDR process. Given the importance and recurring challenges faced in implementing the TSAs to date, this is an area I appeal to the Council to pay sufficient focus to.

11. Though we observe that the Permanent Ceasefire between the signatories to the R-ARCSS is holding, there is nonetheless a worrying trend of increased insecurity in some parts of South Sudan, such as the states of Jonglei, Lakes, and Warrap, related to community-based violence. Further, Central Equatoria has experienced incidents of fighting between the SSPDF and National Salvation Front (NAS), a hold-out group, affiliated to Gen. Thomas Cirillo, that continues to cause considerable civilian harm and displacements.

12. With regard to Chapter 3 on humanitarian affairs, even though, overall, there has been some improvements, including gradual returns by IDPs and refugees, the above-mentioned state of insecurity only serves to undermine progress and reverse some of the gains already made, including the slowing down of voluntary

returns. This year, four aid workers have been killed, including two on 7 June 2021 in Lakes State, highlighting the continued dangers faced by aid workers in some parts of the country. Furthermore, according to UNOCHA, an estimated 7.2 million people continue to be acutely food insecure between April and July and the need for relief remains high.

13. The Special Reconstruction Fund (SRF) and the Board which is mandated to assess the reconstruction needs and raise the necessary funds are vital aspects of the Peace Agreement. Upon its establishment, a donors’ conference is to be convened to coordinate support to the implementation of the R-ARCSS. I appeal to the Council to urge the RTGoNU to prioritise this matter in establishing the SRF Board and the eventual convening of the donors’ conference.

14. On Chapter 4, economic, finance and resource management, the Ministry of Petroleum is undertaking environmental and cost recovery audits. Similarly, the Ministry of Finance has undertaken an audit of transfers to oil-producing communities and states. After a decline caused by the economic contraction following the drop in the oil price, there has been a good progression in collection of nonoil revenues.

15. The IMF recently provided the country with over $170 million in April 2021, partly for financing the on-going exchange rate reform and also the paying of the salary arrears. That said, the establishment of the Economic and Finance Management Authority (EFMA) is still pending, and I appeal to the Council to prevail on the RTGoNU to set up this inclusive accountability and transparency monitoring body, as provided for in the Agreement.

Excellencies, Ladies and Gentlemen, 

16. With regard to Chapter 5 on Transitional Justice, there has been some progress. The Ministry of Justice and Constitutional Affairs (MoJCA) has developed a roadmap for the establishment of the three transitional justice mechanisms, namely the Commission on Truth, Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). The roadmap has been endorsed by the RTGoNU

Council of Ministers. A Technical Committee has also been established to conduct public consultations pursuant to the establishment of the Commission on Truth, Reconciliation and Healing. With regards to the HCSS, there is need for the African Union Commission and the RTGoNU to discuss and agree the terms of its establishment.

17. Finally, Chapter 6 on the Permanent Constitution-making process. I am pleased to report that the RJMEC successfully convened a workshop for the Parties to the R-ARCSS to agree on the details of conducting the constitution-making process as mandated under Article 6.7 of the Revitalised Peace Agreement. The workshop, which took place from 25-28 May 2021, was officially opened by, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, and was addressed by H.E. Abdallah Hamdok, Prime Minister of Sudan and Chairperson of IGAD Assembly of Heads of State and Government. The workshop was facilitated by the Max Planck Foundation for International Peace and Rule of Law.

18. Amongst the key resolutions of the Workshop was the establishment of a Constitutional Drafting Committee as a specialised technical body to draft the constitutional text and accompany the process at all stages. Further, the resolutions covered the composition and criteria for nominations of the

reconstituted National Constitutional Review Commission (RNCRC), the Preparatory Sub-Committee (PSC) for the convening of the National Constitutional Conference (NCC), and civic education and public participation at all stages of the constitution making process. RJMEC officially handed over the Resolutions to

the RTGoNU on 10 June 2021. Consequently, RTGoNU will now commence the drafting of the legislation that will govern the constitution-making process. We appeal to the Council to urge the RTGoNU to expedite the enactment of the constitution-making law to govern this process.

Excellencies, Ladies and Gentlemen,

19. The above progress notwithstanding, there are a number of recurring challenges that continue to constrain and delay the implementation of the Agreement. Key among them are: trust deficit amongst the key principals to the Agreement, insufficient political will, lack of necessary resources and funding, community-based violence and insecurity, capacity gaps, activities of hold-out groups and Covid-19 pandemic. I appeal to the Council to explore ways of helping the parties rebuild trust and work together, extend logistical and other types of requisite support to the implementation of the Agreement and prevail on the hold-out groups to join the peace process.

Excellencies, Ladies and Gentlemen,

20. In conclusion, as an oversight body, our assessment is that, even though some progress has been made in some areas, a critical concern remains on the security arrangements, which is fundamental for the sustainability of the peace process. In view of above, I would like to conclude with the following respectful recommendations to the Council, namely:

a) urge the RTGoNU to swear in the members of the Reconstituted TNLA, to complete the reconstitution of the Council of States, the State Legislature, and the restructuring and reconstitution of Institutions and Commissions at the national level, while adhering to the 35% level of women representation and giving due attention to representation of the youth;

b) appeal to IGAD to nominate the Chairperson and Deputy for the Ad-hoc Judicial Reforms Committee and urge the Parties to the R-ARCSS to nominate their representatives;

c) appeal to IGAD to urge the Parties to the Agreement for continued dialogue and trust-building among them on all unresolved issues, with greater show of political will; in this regard, I strongly recommend the convening of the ‘Leadership Retreat’ as proposed by IGAD.

d) urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including graduation and redeployment of unified forces; for the DDR Commission to implement its plans; and commencement of Phase 2 of the unification process;

e) urge the RTGoNU to prioritise the establishment of the Special

Reconstruction Fund and Board to coordinate international

support to the peace process and support the RTGoNU in the

eventual convening of the donors’ conference;

f) appeal to all actors under SSOMA to pursue the Sant’Egidio mediation process, including adherence to the Cessation of Hostilities Agreement of December 2017, the Rome Declaration of January 2020, and the Declaration of Principles of March 2021;

g) urge the RTGoNU to continue to pursue economic reforms along with increased transparency and accountability, especially in the oil sector, and establish the Economic and Financial Management Authority to enhance oversight and management of the country’s resources;

h) urge the RTGoNU to fast-track broad based public consultation on the establishment of the CTRH, and to further liaise with the African Union Commission regarding the establishment of the HCSS;

 i) urge the RTGoNU to expedite the drafting of the legislation to govern the permanent constitution-making process; and         

j) explore ways of helping the parties rebuild trust and work together, extend logistical and other requisite support to the implementation of the Agreement and prevail on the hold-out groups to join the peace process. 

k) actively engage the international community at the highest political level to mobilise goodwill and support for full implementation of the R-ARCSS.

21. In closing, I would like to thank the Council for its support to RJMEC. I urge the Council to remain seized of the peace process in South Sudan, and perhaps one of the strongest ways of demonstrating this is by holding the next IGAD Council of Ministers meeting and Summit in Juba. Your close attention to these matters is instrumental in achieving an enduring peace in South Sudan.

Thank you!

STATEMENT BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) INTERIM CHAIRPERSON, RJMEC TO THE 17TH RJMEC MONTHLY MEETING, THURSDAY, 20 MAY 2021

JUBA, SOUTH SUDAN

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen, 

Good morning. 

1.  It is a pleasure and honour to be able to meet in person once again following the lifting of the COVID-19 partial lockdown measures. I hope that our meeting today will lead to a very fruitful discussion as much work remains to be done. I hope that you all kept healthy and engaged in our collective endeavours to ensure the full implementation of the Revitalised Agreement on Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

2.  Today, as usual, I will provide an update on the status of implementation of the R-ARCSS since our last monthly meeting, highlight key outstanding issues and recurring challenges and conclude with my recommendations. 

Excellencies, Ladies and Gentlemen,

3.  To begin with, governance. It is important to note that since we last met, there has been some commendable progress towards implementation of some provisions of Chapter 1. On 8 May 2021, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, dissolved the Transitional National Legislative Assembly (TNLA) and the Council of States through a Republican Decree. The TNLA was subsequently expanded and reconstituted on 10 May 2021. This is a welcome development, as it has long been seen as a vital step in implementing Chapter 1 of the R-ARCSS. There now remains the reconstitution of the Council of States, and the state legislative assemblies, and the restructuring and reconstitution of institutions and commissions at the national level.  

4.  It is my hope and expectation that now, the reconstituted TNLA can ratify some important legislation that has been held up, such as the amended security bills and the Constitutional Amendment Bill No. 8 (2020), which were drafted by the National Constitutional Amendment Committee (NCAC) and presented to the Minister of Justice and Constitutional Affairs.  We are still analysing the detailed lists of TNLA appointments to assess whether the 35% level of women’s representation was met. We are also keen to understand the extent to which the youth are represented in these appointments, as per article 1.4.5. 

5.  Furthermore, I am pleased to inform you that RJMEC Secretariat has been participating in leadership retreats in the states within a framework of institutional collaboration and partnerships. UNMISS organised these retreats for the appointed RTGoNU Executives in Northern Bahr el Ghazal and Western Bahr el Ghazal States. The retreats, attended and supported by the RJMEC Secretariat and the IGAD South Sudan Liaison Office, aimed at assisting the state executives to better understand the R-ARCSS, enhance trust and confidence building amongst them and strive to deliver quality public services in their respective states.

6.  I am also pleased to report that all the Parties to the RTGoNU have agreed to extend the NCAC’s mandate, which expired in February this year, to enable the NCAC to complete its pending tasks. It now remains for the process to be finalised by IGAD. This is a welcome development, because much work awaits the NCAC, including the review of the National Elections Act 2012, the Non-Governmental Organisation Act 2016, the Bank of South Sudan Act 2011, the Anti-Corruption Commission Act 2009, the National Audit Chambers Act 2011, and the National Petroleum Act 2012.   

7.  Next, on security. Since the last RJMEC monthly meeting, held in February, there has been no significant progress in any of the Transitional Security Arrangements (TSAs). The unification of forces remains stalled. No graduation and redeployment for Phase One of the Necessary Unified Forces has taken place since my last report. Cantonment sites and training centres continue to be abandoned due to a chronic lack of food, medicines, shelter facilities and hygiene items for women. The conditions in both cantonment sites and training centres continue to deteriorate and can only get worse with the onset of the rainy season. Unfortunately, no funding has been provided to the Security Mechanisms since my last report. 

8.  I understand that agreement has been reached on the ratio of the Unified Command Structure, and I expect that the Joint Defence Board (JDB) can confirm this to the plenary. It now remains for the Parties to appoint nominees, in particular regarding the key posts at the highest levels of the Defence and Security Services. The completion of this is critical to the implementation of the TSAs. 

9.  Regarding the Strategic Defence and Security Review process, the SDSR Board convened a 3-day workshop in May 2021, with support and assistance from RJMEC Secretariat and UNMISS, with the aim of completing the Strategic Security Assessment. This initial part of the SDSR Board’s remit, in accordance with the R-ARCSS, is long overdue. However, its completion will pave the way for the finalisation of the Strategic Defence and Security Review which in turn will determine the role, organisation and structure of the national unified forces. I look forward to hearing the report from the Chairperson of the SDSR Board, particularly regarding the timeline for the completion of these vital national security tasks.

10.   I remain concerned that the Disarmament, Demobilisation and Reintegration (DDR) process is still lagging behind. As is the case with the Security Mechanisms, insufficient focus and support is being provided by the RTGoNU to the DDR Commission for what is a key national security undertaking, which requires considerable resources, and the cooperation of many government ministries and agencies. I expect to hear more from the Chairperson of the DDR Commission in his report.  

11.  I am deeply concerned by the disruption to CTSAMVM’s work due to the absence of National Monitors since April. The function of the Monitoring and Verification Teams is presently reduced, and in some instances, actively impeded. In this regard, I have written to the President of the Republic of South Sudan and the Chairperson of IGAD to make them aware of the situation and appealed to them to take remedial measures.  

12.   Around the country, there are reported incidences of violence. In Central Equatoria, fighting between the SSPDF and NAS has been reported. Furthermore, community-based violence in Jonglei, Lakes, Warrap, and Unity States has also been reported, resulting in many civilians being killed and wounded. Taken together, all these amount to a worrying composite picture for the country of South Sudan, and I urge the RTGoNU to take urgent steps towards their peaceful resolution. 

13.  Within the context of these growing incidences of insecurity, it is very saddening to learn that on 12 May, an aid worker was killed when a clearly marked humanitarian vehicle was fired at. This is the first aid worker killed in South Sudan in 2021, while nine were killed in 2020. The safety and security of humanitarian workers continues to be threatened by ongoing violence. For example, there have been recent compound intrusions and the physical assault of aid workers in Upper Nile state, Unity State and Eastern Equatoria. Further, concerns on road security, notably in Lakes, Jonglei, and the Equatorias, continue to impede the delivery of aid to those who most need it.

Excellencies, Ladies and Gentlemen,

14.  Now for a word on resource, economic and financial management. The oversight institution Economic and Financial Management Authority (EFMA), to have been established at the start of the Transitional Period, and which was referred to in the resolutions of our 16thmeeting, is still pending. This body is crucial to oversee the implementation of the resource and financial sector reforms, and to ensure reporting to RJMEC on progress. That said, we welcome the creation in March 2021 of the Oversight Committee to oversee an audit of the Petroleum Sector. In addition, the Ministry of Petroleum has undertaken an environmental and cost recovery audit. Similarly, the Ministry of Finance has undertaken an audit of transfers to oil-producing communities and states. The audits are important for transparency and accountability in the management of the oil resource, and where necessary, corrective action should be taken.  

15.   Now for a word on transitional justice. Since my last report, the Minister of Justice and Constitutional Affairs established a Technical Committee on the establishment of the Commission on Truth, Reconciliation and Healing (CTRH). The Committee is expected to lead public consultations to be held in concert with other stakeholders and civil society, which will inform the legislation governing the establishment of the CTRH, consistent with article 5.2.1.3. I look forward to hearing how this activity progresses.

16.   Next, the Permanent Constitution-making process. In preparation for convening the Permanent Constitution-making process workshop, and in accordance with articles 6.7, 6.8, and 6.9, RJMEC and the Max Planck Foundation have to date conducted six sensitisation meetings with representatives of the Parties and stakeholders, and have held one joint consultative meeting with all the nominees. The workshop is scheduled for 25-27 May 2021 and is expected to be officially opened by the President of the Republic of South Sudan. The outcome of the workshop shall form the basis for drafting the legislation to be enacted to govern the constitution-making process. 

Excellencies, Ladies and Gentlemen,

17. I would like to conclude with the following recommendations to this meeting.

a)   urge the RTGoNU to complete the reconstitution of the Council of States, and the state legislative assemblies, and the restructuring and reconstitution of institutions and commissions at the national level, while adhering to the 35% level of women’s representation and giving due attention to representation of the youth;  

b)   urge the reconstituted TNLA to enact the Constitution Amendment Bill No. 8 into the TCRSS 2011 (as amended), and enact the outstanding security laws and other laws already amended by the NCAC;

c)    urge the RTGoNU to adequately fund the Transitional Security Arrangements, to expedite and complete the unification of forces, and ensure well-coordinated DDR in conjunction with the required government ministries and agencies; 

d)   urge the RTGoNU, in conjunction with the state governments, to address community-based violence and enhance security at the sub-national level;

e)   urge the RTGoNU to provide a secure and enabling environment for humanitarian workers, IDPs, and returnees, and to lead ongoing humanitarian efforts, including the establishment of the Special Reconstruction Fund; and

f)    urge the RTGoNU to ensure that the recommendations of the oil sector audits are acted upon, and that corrective action is taken where necessary. 

18.       In conclusion, I would like to underscore that the reconstitution of the TNLA and the commencement of the Permanent Constitution-making process are positive developments, and they create the momentum which can accelerate progress in the implementation of the Peace Agreement. Now is the time to continue to build political will, strengthen trust and confidence, implement tasks concurrently, especially completing the TSAs, and providing humanitarian assistance, in order to deliver peace dividends for the people of South Sudan. 

I wish you fruitful deliberations. 

Thank you. 

REMARKS BY H.E. MAJ GEN CHARLES TAI GITUAI (RTD) RJMEC INTERIM CHAIRPERSON DELIVERED AT PEACE DISSEMINATION MEETING ON ROME AND NAIVASHA PEACE TALKS BETWEEN RTGONU AND SSOMA 

 THURSDAY 22 APRIL 2021, JUBA, SOUTH SUDAN

The Chief Guest: H.E. Dr. James Wani Igga, Vice President of the Republic of South Sudan,

-      H.E. Dr. Ismail Wais, IGAD Special Envoy for South Sudan,

-      Hon. Minister Beatrice Khamisa Wani, Minister of Foreign Affairs and International Cooperation, Republic of South Sudan,

-      Hon. Dr. Barnaba Marial Benjamin, Minister for Presidential Affairs and Head of the RTGoNU Delegation to the Rome Talks,

-      Dr. Paolo Impagliazzo, Secretary General, Community of Sant’ Egidio, 

-      Excellencies, Ambassadors and Chargé d’Affaires

-      Cabinet Ministers

-      Generals

-      Distinguished Ladies and Gentlemen,

Good Morning!

1.    Permit me to start by congratulating H.E. Ambassador Barnabas Benjamin Marial upon his recent appointment as Minister for Presidential Affairs for the Government of South Sudan. As RJMEC, we look forward to working closely with you, and we count on your very able leadership and a wide range of experiences, to support the Presidency of the RTGoNU, to fully implement the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). 

2.    I thank H.E. Amb. Dr. Ismail Wais, the IGAD Special Envoy for South Sudan for convening this peace dissemination meeting on the Rome Initiative in Juba today. 

3.    I would like also, to acknowledge the presence of our regional and international partners here today, who have all stood by the people of South Sudan from the beginning. I thank them for always supporting RJMEC and its mandate. I therefore appeal for continued support for full implementation of the Revitalised Peace Agreement, and the pursuit of an inclusive and sustainable peace in South Sudan. I also call upon all of us here, to always stand together and support this peace process to its conclusion.

Excellencies, Ladies and Gentlemen,

4.    RJMEC has participated in the various rounds of the Rome Talks as an observer, including the recent one held in Naivasha, Kenya. I must say that so far, the various rounds of talks have been very constructive. 

5.    There is no doubt in my mind that the two parties: the South Sudan Opposition Movement Alliance (SSOMA) and the Revitalised Transitional Government of National Unity (RTGoNU) are all committed to the talks, and appear determined to pursue a peaceful path to achieve an inclusive and lasting peace in South Sudan. 

6.    So far, there has been some commendable milestones that have been achieved by the Parties, namely: 

a.            the Rome Declaration signed in January 2020;

b.            the Rome Resolution signed in February 2020;

c.             the CTSAMVM Technical Workshop on Implementation of the Rome Resolution convened in Oct. 2020;

d.            the Naivasha Recommitment to the CoHA and Rome Declaration and Resolution of March 2021; and 

e.             the Naivasha Declaration of Principles for Political Dialogue, signed March 2021.

7.    I therefore, would like to take this opportunity to congratulate the Parties and the Mediation for the progress that has been made to date. I urge them to continue and maintain the same spirit of dialogue and compromises which has made progress possible and to expedite the Talks and join the peace implementation process. 

Excellencies, Ladies and Gentlemen,

8.    As we move forward, however, there are a number of concerns that the Parties to the Rome Talks and the Mediation will have to address to ensure that the gains made so far are consolidated. They include the following:

a.            First, there is need to ensure immediate implementation of what has been previously agreed, for example the inclusion of SSOMA in CTSAMVM structures. This will help ensure adherence to the ceasefire and impartial verification of any alleged incidents of violations or non-compliance; 

b.            Second, there is need for the various SSOMA groups to resolve their internal disagreements, and to work together for the common good, in order to facilitate constructive engagements with the RTGoNU; and

c.             Third, there is need to expedite the political deliberations and conclude a speedy resolution of the root causes of conflicts to ensure they are fully addressed in the course of the ongoing reforms and the Permanent Constitution-making process.

Excellencies, Ladies and Gentlemen,

9.    In conclusion, I once again reiterate RJMEC’s full support to the ongoing Sant’Egidio facilitated Initiative for Political Dialogue in South Sudan. I am very encouraged with today’s dissemination efforts in Juba, and also the recent Naivasha round of talks, because it shows that the peace initiated by His Holiness, Pope Francis in Rome is gradually coming home to South Sudan. 

10.I would like to appeal to all the concerned parties and the mediation to make the desire for an all-inclusive peace a reality.

I thank you!

STATEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 16THRJMEC MONTHLY MEETING, THURSDAY, 4 FEBRUARY 2021, JUBA, SOUTH SUDAN

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.  I would like to start by welcoming you to our first monthly meeting of 2021, and by wishing you all a Happy New Year. I hope it will be a year where all of us demonstrate dedication and commitment to achieve the required level of implementation of R-ARCSS. There is need to make progress, and for this to happen the onus is on the RTGoNU to strategise, mobilise the required resources and increase the pace of implementation of the Peace Agreement.

2.  This month will mark one year since the formation of the RTGoNU and commencement of the Transitional Period.  The question that should be on all our minds is how much progress have we achieved to date, and what tasks lie ahead of us.  Since the last monthly meeting, the RJMEC has actively engaged with the Presidency, Parties to the Agreement, regional and international partners, stakeholders and adherents, and relevant RTGoNU line ministries. In addition, RJMEC has written to the Chairperson of the IGAD Heads of State and Government and the Secretary of the IGAD Council of Ministers. The focus of these engagements has been on highlighting critical issues pertaining to the Agreement, and ways to improve on the pace of implementation.    

3.  Today I will provide an update on the status of implementation of the R-ARCSS since our last monthly meeting, highlight key outstanding issues and recurring challenges and conclude with my recommendations. 

Excellencies, Ladies and Gentlemen, 

4.  On governance, it is encouraging to report that there have been some developments since our last meeting. The Presidency in their fourth meeting on 9 December 2020 discussed and agreed on steps to be taken pursuant to the implementation of the pending governance arrangements, including reconstitution of the Transitional National Legislative Assembly (TNLA), and the Council of States. In view of the above, I welcome the resolutions of the meeting of the Presidency on Tuesday 2 February, and I look forward to their full implementation.   

5.  On 30 December 2020, the President appointed six Deputy Governors for the states of Eastern Equatoria, Western Equatoria, Jonglei, Lakes, Unity and Western Bahr el Ghazal.  Then on 22 January 2021, three Deputy Governors were appointed for Central Equatoria, Northern Bahr el Ghazal and Unity states. Finally, on  29 January 2021, the  Governor and Deputy Governor of Upper Nile state were appointed. I note that three of the Deputy Governors are women, of whom two were nominated by the OPP and one by the SPLM/A-IO. However, this falls short of the 35 percent women representation required in the Agreement. There is, therefore, need for more women to be appointed in the state executive positions. 

6.  Furthermore, on 18 January 2021, the Parties to the R-ARCSS initialled an agreement on responsibility-sharing positions in the three Administrative Areas of Abyei, Greater Pibor and Ruweng. The positions were shared between ITGoNU, SPLM/A-IO, and SSOA.

7.  In regard to the nomination of members to the TNLA, it is still the case that only the Former Detainees have submitted the list of  nominees to the National Constitution Amendment Committee (NCAC), as per the requirement in the Agreement. I, therefore, urge the I-TGoNU, SPLM/A-IO SSOA and OPP to submit their lists of nominees to the NCAC for their due diligence in order to ensure that the process of reconstitution of the TNLA is completed. I also reiterate my appeal to the Parties to adhere to the 35 percent level of women’s representation in their nominations.

8.  Similarly, there are other tasks on governance that require the RTGoNU to expedite their implementation. These include the establishment of the ad-hoc Judicial Reforms Committee (JRC), and restructuring and reconstitution of various Commissions and Institutions at the national level as stipulated in the Agreement.  

9.  Implementation of the Transitional Security Arrangements (TSA)is intended to underpin a stable and secure future for the people of South Sudan. Unfortunately, there is no progress reported on the training, graduation and redeployment of Necessary Unified Forces (NUF) under Phase I. Outstanding issues are the establishment of a unified command structure for the NUF, and finding a solution to the ‘ranking’ process and the management of excess senior officers. 

10.      There are also serious ongoing challenges within the cantonment sites and training centres. This fact was emphasised in a joint statement following a recent visit organised by RJMEC, of the AU, the IGAD Special Envoy and the IGAD and AU C5 ambassadors to training centres in Maridi and Rajaf. It was disheartening to observe that a lack of food and other essential resources, such as medicines, shelter and separate facilities for women, has led to the suffering of the trainees, and to some trainees abandoning the training centres. The protracted delays and passing of time without progress is detrimental to lasting peace in South Sudan. Furthermore, implementation of the Disarmament, Demobilisation and Reintegration (DDR) process has not gone forward since my last statement.

11.       In an effort to drive forward implementation of the Transitional Security Arrangements, RJMEC convened a joint seminar with the National Transitional Committee, Security Mechanisms and DDR Commission. The seminar examined current and future risks and challenges, set priorities, and agreed on a set of recommendations.     

12.       Also of importance is the work of the Strategic Defence and Security Review Board (SDSRB), which must finalise the first stage of its tasks by completing the Board Strategic Security Assessment, the National Security Policy Framework and the revised Defence and Security Policy in line with the requirements of the R-ARCSS. Completion of these tasks of the SDSRB is critical to the formation of a unified army and other security services.

13.       On sexual and gender-based violence (SGBV), the CTSAMVM Technical Committee produced a report on SGBV incidents and trends. This report is available on the CTSAMVM website. I urge continued focus on investigating, arresting, prosecuting and sentencing perpetrators of SGBV crimes.

Excellencies, Ladies and Gentlemen, 

14.       On the humanitarian situation, according to OCHA’s recently published Humanitarian Needs Overview, 8.3 million people in South Sudan are estimated to need humanitarian assistance in 2021, up from 7.5 million in 2020. 72 counties are facing extreme needs, five counties are in severe need and one county is in catastrophic need, which is Pibor, Jonglei. This calls for a greater need for funding and humanitarian responses in 2021 on the part of the RTGoNU, in collaboration with the aid agencies.

15.       It is also concerning to note that humanitarian workers face increasing numbers of bureaucratic access impediments and security threats. I would like to hear from the RTGoNU which steps are being taken to address the growing concerns of humanitarian access.  

16.       With regard to economic and financial management, I note the efforts of the Public Financial Management Oversight Committee in building the capacity of the government to implement its reform strategy that is aligned to the R-ARCSS. However, I wish to reiterate the need for the establishment of the Economic and Financial Management Authority (EFMA) to report to the RJMEC on progress in implementation against individual provisions in Chapter 4.

17.       I welcome the recently updated annual petroleum reports from the Ministry of Petroleum. The public availability of these reports contributes to increased transparency in the oil sector. I would also like the RTGoNU to provide an update on the status of operationalising the oil revenue funds (Oil Stabilization Account and the Future Generations Fund) and restructuring the National Petroleum and Gas Commission, and the Nile Petroleum Corporation, as required in Chapter 4 of the R-ARCSS. 

18.       Concerning transitional justice, healing and reconciliation, I am pleased to note that the roadmap for implementation of Chapter 5,  proposed by the Minister of Justice and Constitutional Affairs to the Council of Ministers has been endorsed. The Council has now authorised the Minister to establish the Commission for Truth Reconciliation and Healing, the Compensation and Reparations Authority, and the Hybrid Court for South Sudan, in accordance with the R-ARCSS. I appeal to the Minister to commence the stakeholders’ consultations on these three mechanisms and expedite their establishment.

19.       With regard to the constitutional making process under Chapter 6, some progress has already been made in preparation towards convening the workshop for the Parties to agree on the details of conducting the Permanent Constitution-making process. This includes two rounds ofsensitisation meetings with some of the representatives of the Parties, the Other South Sudanese Stakeholders and relevant rule of law institutions and mechanisms. In this regard, we appreciate the commitment of the Max Planck Foundation, the institute which RJMEC has engaged to facilitate this workshop.

20.       However, the workshop could not take place at the end of January as originally planned, because the ITGoNU did not submit the list of its representatives to the workshop. RJMEC will communicate the new date for the workshop after receiving the list from the ITGoNU. I want to reiterate the importance of this workshop whose outcome will form the basis of the legislation to be enacted to govern the constitutional making process.RJMEC is working closely with the Ministry of Justice and Constitutional Affairs and other relevant actors to make sure that this workshop is a success.

Excellencies, Ladies and Gentlemen,

 21.       Our latest Quarterly Implementation Status Report is available and I’m confident that you have all received copies. Furthermore, a summary report of the Pre-Transitional Period is also available, and a copy has been provided to you this morning. Overall, progress has been slow, and a lot of ground remains to be covered. As we approach the one-year anniversary of the Transitional Period, I urge you all to take steps that will contribute to increasing the pace of implementation of the Agreement.

22.       I note that the RJMEC Working Committees are already meeting, and I thank members for their engagement so far. I appeal to all RJMEC members to continue taking the work of these committees seriously, and to participate fully in their meetings. We will soon organise a review workshop to take stock of the status of the implementation of the Agreement chapter by chapter, and the Working Committees will take lead in this review. 

23.    I would like to conclude with the following recommendations to this meeting.

 a)   Urge the Parties to expedite the appointment of all personnel to the government structures at the sub-national level, while observing the 35% level for women’s representation;  

b)   Prevail on the ITGoNU, SPLM/A-IO, SSOA and OPP to immediately submit their nominations to National Constitutional Amendment Committee in order to facilitate the long overdue reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States, while observing the 35% level for women’s representation; 

c)    Appeal to the I-TGoNU to immediately submit the list of its representatives to the permanent constitutional process workshop to facilitate timely planning and its convening without delay;

d)   Urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, and ensure well-coordinated DDR;

e)   Urge the RTGoNU to drive forward the work of the Strategic Defence and Security Review Board (SDSRB), which must finalise the first stage of their tasks in line with the requirements of the R-ARCSS;

f)    Urge continued focus on investigating, arresting, prosecuting and sentencing perpetrators of Sexual and Gender-Based Violence crimes, as well as continued training and sensitisation on SGBV issues within the Organised Forces;

g)   Urge the RTGoNU to proceed in a timely manner with the establishment of the three Transitional Justice mechanisms, including through public consultation in collaboration with other stakeholders and civil society; and

h)  Urge the RTGoNU to avail the necessary resources for the implementation of the Peace Agreement.

24.       Lastly, 9 July this year will mark ten years of independence for South Sudan. It is incumbent on all of us to push hard on the implementation of the Revitalised Peace Agreement so that the ten-year celebrations will mark not only the milestone of a decade of independence, but also significant progress in the implementation of the Peace Agreement.

Thank you. 

REMARKS BY H.E. MAJ. GEN CHARLES TAI GITUAI INTERIM CHAIRPERSON RECONSTITUTED JOINT MONITORING AND EVALUATION COMMISSION PRESENTED AT THE RJMEC JOINT NTC AND SECURITY MECHANISMS SEMINAR, JUBA, SOUTH SUDAN

Honourable Minsters;

Ambassadors and Representatives of the Diplomatic Community; 

Distinguished participants of the National Transitional Committee and the Security Mechanisms;

Ladies and Gentlemen,

Good morning. 

1.     It is my pleasure to welcome you all to this Seminar this morning. We at RJMEC decided to organise this Seminar in accordance with our mandate chapter 7 article 7.6 where it states that inter alia ... “in case of non-implementation of the mandate and tasks of the RTGoNU, or other deficiencies, the RJMEC shall recommend appropriate corrective action to the RTGoNU.” Therefore as peace monitors and evaluators we are obligated to oversee the implementation of the Agreement within the agreed timelines and implementation schedule. 

2.     Consequently, RJMEC decided to conduct this one-day seminar, following our assessment and evaluation, from the beginning of the Transitional Period and up to now, we have observed that there has been a significant decline in the pace of implementation of the Permanent Ceasefire and Transitional Security Arrangements (PCTSA) as envisaged in Chapter Two of the Agreement. This being a critical Chapter in the overall success of the implementation of the Peace process, raises concerns, as its failure would no doubt threat the security situation in the country and undermine the nation's hope for enduring peace in South Sudan.

3.     Permanent Ceasefire and the Transitional Security Arrangements (PCTSA) are a fundamental building block of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). The success of the implementation of Chapter Two will create the foundation upon which security of all other chapters will operate; and it is an assurance of a stable nation, as Unified Forces signifies the National Unity and a symbol of nationhood, where security forces are loyal to the Constitution and to the country with one Commander in Chief who is also the Head of State.

4.     However, RJMEC, as monitors and evaluators of the peace process, we have clearly seen that the training of the National Unified Forces has stalled. As we witnessed for ourselves on Saturday 23 January 2021 at both Maridi and Rajaf training centres when RJMEC conducted a joint field visit with the IGAD Special Envoy for South Sudan and the head of the African Union Mission in South Sudan, the IGAD Ambassadors and C5 African Ambassadors, and also including other areas that RJMEC have visited in different occasions like Mapel and others.

 5.     RJMEC’s assessment has come up with three areas that are of critical concern and will be the basis of our discussion today among others. These areas are:

 a)    Failure of cantonment;

b)    Stalling of NUF Training, graduation and redeployment; and

c)     Defections/Changes of Allegiance. 

6.     During the previous visits to the training areas, the soldier’s expectations of graduation and deployment was very high as well as their morale, as they foresaw a new dawn in their military careers. Now there are reports of morale reaching low levels in the poorly supplied Cantonment sites, and reports of trainees abandoning poorly supplied training centres in search of food. To date no graduation or redeployment plans have been published. Problems of diseases and lack of medicine and many other problems which no doubt, we will hear more about during the course of this Seminar. 

7.     Other reports indicate an increase in defections / changes of allegiance amongst some commanders and their troops which undermines the unification process.  RJMEC has made its position very clear on defections or changes of allegiance in many other occasions and has previously stated that “the Revitalised Peace Agreement in South Sudan has made commendable progress in the past two years since its signing and this must not be allowed to weaken because of instability caused by defections or accepting defections, which is contrary to the letter and spirit of the Agreement.”

8.     The aim of this Seminar therefore, is to determine the status of the PCTSA, the current and future challenges, to set priorities and to agree on solutions and proposals to keep the Permanent Ceasefire and Transitional Security Arrangements on track. I am hopeful that there will be full participation and open contributions from everyone present and we look forward to the briefings and reports from the NTC, the Security Mechanisms and the DDR Commission to enable us to take proper stock.

9.     Next month marks one year of the formation of RTGoNU, other chapters have progressed, however slowly, but chapter two seems to be the slowest yet as military we should have led the way with others to follow as our mantra!  This year, in July, marks ten years of independence, it is our hope that a strong push from all of us here and South Sudan’s political leaders will go a long way to ensuring that 11 July 2021, will see a celebration of progress in the implementation of the peace agreement. 

 I thank you.