Communication Office

PRESS RELEASE

(For Immediate Publication)

 Wednesday, 20 November, 2024, Juba, South Sudan

RJMEC PRESENTS STATUS OF R-ARCSS REPORT TO SOUTH SUDAN LEGISLATIVE ASSEMBLY, SAYS IT CANNOT BE BUSINESS AS USUAL

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has today Wednesday 20th, 2024 presented its quarterly report on the status of implementation of the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) to the reconstituted Transitional National Legislative Assembly (R-TNLA).

Following the extension of the Transitional Period by 24 months last September, RJMEC Chairperson Amb. Maj. Gen. Charles Tai Gituai told the members of the Assembly that there is “need for a sense of urgency, prioritization, focus and deliberate demonstration of practical implementation of the Agreement tasks within timelines.” 

While giving Chapter-by-Chapter updates on the status of implementation of the R-ARCSS, Amb. Gituai said: “I would like to underscore that two years is a very short time and it cannot be business as usual and much remains to be done if free, fair and credible elections have to be conducted by December 2026, under a permanent constitution as envisaged in the Agreement.”   

Having agreed to a two-year extension of the Peace Agreement, the Chairperson added, it is imperative that the Revitalised Transitional Government of National Unity (RTGoNU), the TNLA and all other stakeholders work to complete the pending tasks of the Agreement, particularly, those related to the Permanent Constitution-making, electoral preparations, unification of the forces, and transitional justice. 

“At the same time, further opening up of civic and political space cannot be overemphasised, in order to provide an enabling environment for political participation by the general public, especially in the constitution-making and election processes.”  

In his briefing given pursuant to Article 7.9 of the Revitalised Peace Agreement, Amb. Gitaui urged the Assembly to enhance its effectiveness in discharging its oversight responsibility and to prevail on the RTGoNU to adhere to the agreed implementation schedule, provide funding and ensure accountable and transparent utilisation of allocated resources.

Additionally, the Chairperson called on the Parties to the Agreement to embrace the Tumaini Initiative as a means of bringing in the holdout groups, in the spirit of compromise, inclusivity, forgiveness and reconciliation for the purpose of enhancing a united, peaceful and prosperous society based on justice, equality and respect for human rights and the rule of law. 

In his conclusion  he called on the Parties to the revitalized Peace Agreement to continue engaging in dialogue during this critical period of the extension with a view to implementing the critical outstanding tasks.

- Rt Honourable Speaker,

- Rt Honourable Deputy Speakers,

- Honourable Members,

- Distinguished Ladies and Gentlemen.

Good morning!

1. At the outset, I would like to thank Right Honourable Jemma Nunu Kumba, Speaker of the reconstituted Transitional National Legislative Assembly (TNLA) for inviting the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to brief this august Assembly on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

2. As you are aware, RJMEC is the institution established under Chapter 7 of the Revitalised Peace Agreement with the mandate to, inter alia, oversee, monitor and report on the status of implementation of the Agreement.

3. Further, RJMEC is mandated to submit quarterly reports to, and brief the Executive of the Revitalised Transitional Government of National Unity (RTGoNU) and its Council of Ministers; the reconstituted TNLA; the Chairperson of the Intergovernmental Authority on Development (IGAD) Assembly of Heads of State and Government; the Chairperson of the IGAD Council of Ministers; the Chairperson of the African Union Commission (AUC); the Peace and Security Council (PSC) of the African Union (AU); the Secretary-General, and the Security Council of the United Nations.

4. In light of the aforementioned, this briefing summarises the latest RJMEC Quarterly Report covering the period from 1st July to 30th September 2024 and builds on the previous report presented to this august Assembly on 06th August 2024. 

5. I will therefore highlight key chapter by chapter update on the status of implementation of the Revitalised Peace Agreement as reported, any recent developments, as well as pending tasks, challenges impacting implementation, steps RJMEC has undertaken to encourage the implementers, guarantors and partners to address them, and conclude with recommendations. 

Right Hon. Speaker, Honorable Members,

6. Regarding preparations for elections, under governance, it should be recalled that early this year, RJMEC raised concerns on the slow implementation of the critical tasks required for the conduct of elections as scheduled in December 2024 and the lack of consensus among the Parties. 

7. In that regard, RJMEC urged the Parties to urgently dialogue within the spirit of consensus, compromise and agree on the way forward to the conduct of elections in a timely manner. RJMEC further urged the Parties to continue with the implementation of the uncompleted tasks of the R-ARCSS. 

8. Consequently, the Parties tasked the implementation mechanisms, namely the National Elections Commission (NEC), the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC), the National Bureau of Statistics, the Security Mechanisms and the Electoral Security Committee to assess their completed, ongoing and pending tasks and what would be required to accomplish them before the elections. 

9. Following extensive deliberations over the criticality of the pending tasks such as the unification of forces, the permanent constitution which should guide elections and insufficient preparations for the conduct of elections, the Parties to the Agreement, by consensus, agreed in September 2024, to extend the Transitional Period from 22nd February 2025 to 22nd February 2027, with elections rescheduled to December 2026. 

10. The decision to extend the transition period was endorsed by the RTGoNU Council of Ministers and consented to by RJMEC at its Extraordinary Meeting of 18th September 2024 in accordance to Article 8.4 of the R-ARCSS. Subsequently, this august Assembly ratified the decision on 20th September 2024 and was assented to by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, on 21st September 2024.  

Right Hon. Speaker, Honorable Members,

11. On judicial reforms, the report of the Judicial Reform Committee (JRC) was pending validation, as reported in the last quarter. However, since then, there has been some positive development in this regard. The JRC final report was recently validated and subsequently submitted to the RTGoNU for its consideration and adoption. RJMEC welcomes this development and underscores the importance of a reformed, independent and effective judiciary as an important anchor of stability, rule of law and promotion of human rights. Accordingly, the RTGoNU is urged to expedite the adoption and implementation of the JRC’s recommendations.

12. RJMEC applauds this august Assembly for the continuous discharge of its legislative functions and for enacting laws in support of the implementation of the Agreement. It is encouraging that most of the Agreement-related laws have already been enacted by this august Assembly. The recent laws which received Presidential assent include The Tourism Act; The Public Financial Management and Accountability Act; The National Bureau of Statistics Act; The Commission for Truth, Reconciliation and Healing Act; The Civil Aviation Authority Act; and The Compensation and Reparations Authority Act. This is a welcome development and RJMEC looks forward to the enacted laws being operationalised.

13. However, during this reporting quarter, RJMEC noted with concern that there was a reduction in the positions held by women in the Executive, contrary to the minimum 35% threshold as stipulated in the Agreement. For example, the former Mayor of Juba City, a female, was replaced by a male. Further, it is observed that the only female governor in the country was recently replaced by a male governor, making all the ten states to have 0% women governor.  RJMEC urges that whenever a female incumbent is replaced, the Parties to the Agreement should pay due consideration to the 35% minimum requirement of women’s representation in the executive and other decision-making bodies as stipulated in the R-ARCSS. In this regard, the RJMEC further remains concerned with the lack of adherence by the NEC to the 35% women representation in the appointment of the State High Committees. 

Right Hon. Speaker, Honorable Members,

14. During the reporting period, the Permanent Ceasefire continued to hold, with no major clashes among the forces of the Parties to the R-ARCSS. However, some incidents of intercommunal violence were reported in Unity, Jonglei, and Lakes States, compounded by some security-related incidents in Juba. 

15. In addition, sporadic clashes between the SSPDF and the National Salvation Front (NAS) of Lt Gen. Thomas Cirillo were reported in some parts of Central Equatoria State. CTSAMVM could not fully investigate and report on the SSPDF and NAS clashes because NAS does not have representation in CTSAMVM and there is no communication between CTSAMVM and NAS, despite the NAS allied to Gen. Cirillo having signed the Cessation of Hostilities Agreement of December 2017.

16. During the quarter, CTSAMVM submitted two violation reports, including one on the clash between the Unity State Governor’s Convoy Protection Team and SPLM/A-IO Forces in Jamus/Barkuor, Unity State. RJMEC submitted the reports to the Chief of Defence Forces (CDF) of the SSPDF and the Chairperson of the Joint Defence Board (JDB) urging implementation of the CTSAMVM recommendations on these two incidents.

17. On Transitional Security Arrangements, there has been very little progress on the unification of forces since the last report. The political process for the unification of the second command echelon has not yet been concluded.  However, in July 2024, the Inspector General of Police (IGP) appointed 2,995 non-commissioned officers (NCOs) of the Necessary Unified Forces (NUF) police component into the South Sudan National Police Service (SSNPS).

18. On humanitarian affairs, the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) reported that humanitarian access was severely hampered by floods, bureaucratic hurdles, and a sharp rise in attacks on aid workers and facilities, with 52 incidents reported in August alone. Main supply routes in Malakal, Longochuk, Maban, Old Fangak, Rubkona, and Southern Unity were rendered impassable. 

19. Due to these challenges on the use of road transport, the reliance on expensive air and river transport left more than 400,000 vulnerable people without essential support. Access to those in need was further constrained by the escalation of security incidents in various parts of the country, heightening the risk to humanitarian workers.

20. It is expected that the passage of the NGO Bill which is before this august Assembly, will help create a more conducive working environment for NGOs in South Sudan, thus improving access to those in need. By the end of the quarter, over 800,000 returnees and refugees had crossed into South Sudan, fleeing from the conflict in Sudan. Out of these, more than half remained stranded at the border counties in northern Upper Nile State, northern Unity State, and Northern Bahr el Ghazal State, in dire need of food, shelter and health services, among others.

21. In terms of resource, economic and financial management,   the South Sudan Revenue Authority (SSRA) has continued to outperform its targets in mobilising non-oil revenue and was able to largely support the government’s budget during this quarter. This increase was attributed to increased domestic revenue through higher personal income tax collections, which accounted for fifty per cent of the total.  

22. The Revenue Authority embarked on several capacity-building activities that have enhanced its ability to assess, collect and administer taxation. Further reforms are expected such as a review of the Customs Valuation Exchange rate, reduction in tax exemptions by 50%, introduction of betting, gaming, and lotteries tax and that of a Digital Service Tax (DST). 

23. The establishment of an effective public procurement and payroll system and cleansing exercise under the public service reform efforts are ongoing. The focus is on the civil service, as the security services already have the relevant systems in place. 

24. The Draft National Budget for Fiscal Year 2024/2025 was submitted to this august Assembly on 25 September 2024  three months behind the budget preparation schedule. The Resource Envelope for the period was given as SSP 2.258 trillion and the spending limit approved by the Cabinet was SSP 4.172 trillion. This created a spending gap or deficit that is estimated to be 85 percent of the available revenue. This deficit is to be financed through recovery in oil production, exchange rate alignment between the government official rate and the market determined rate, and concessional loans. 

25. Recently, the regulations which govern the Public Procurement and Disposal of Assets Authority and the Bank of South Sudan’s statutory functions have been developed, thereby facilitating optimal execution of its mandate. In particular, efforts have been made in strengthening the financial system by the Bank of South Sudan to promote financial stability through the development of prudential regulations and frameworks. 

Right Hon. Speaker, Honorable Members,

26. Under transitional justice, accountability, reconciliation and healing, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) which were passed by this august Assembly during the last quarter were pending assent; these two bills have now been assented to by the President. In that regard, RJMEC welcomes this development and calls for their operationalisation.

27. In terms of the permanent constitution-making process, during the reporting period, the reconstituted National Constitutional Review Commission (NCRC) continued to develop its work plans and strategy, conducted capacity building of its personnel and upgraded its institutional infrastructure as it awaits substantive funding from the RTGoNU to embark on civic education and public consultations. RJMEC notes that the NCRC is ready and capable to deliver upon its mandate, if adequately resourced. The TNLA is encouraged to prevail on the Executive of the RTGoNU to avail the requisite funding, in a timely and predictable manner, to all the Agreement mechanisms to deliver on their mandates. 

Right Hon. Speaker, Honorable Members,

28. The implementation of the R-ARCSS has persistently faced recurring challenges resulting in a relatively slow pace of implementation. Among them are insufficient political will; lack of sufficient funding to the Agreement Institutions and Mechanisms;  trust deficit among the Parties; capacity gaps within the various implementation mechanisms; persistent levels of intercommunal violence in some states; insecurity caused by activities of some holdout groups, severe flooding and ramifications of the conflict in Sudan.

29. In order to help the RTGoNU and the Parties to address these impediments, RJMEC has been holding high-level engagements with the members of the Presidency, the RTGoNU Executive, the leadership of the Parties, other South Sudanese stakeholders and adherents, regional guarantors, and partners and friends of South Sudan. RJMEC has urged them to demonstrate commitment and enhance support for the implementation of the R-ARCSS during the extended period.

30. In light of the aforementioned, RJMEC offers the following recommendations: 

a. To the Parties to the Agreement and Relevant Stakeholders: 

i. continue engaging in dialogue during this critical period of the extension with a view to implementing the critical outstanding tasks; and 

ii. embrace the Tumaini Initiative as a means of bringing in, the holdout groups in the spirit of compromise, inclusivity, forgiveness and reconciliation, for the purpose of enhancing a united, peaceful and prosperous society based on justice equality and respect for human rights and the rule of law in the country. 

b. To the RTGoNU: 

i. avail requisite funding, in a timely manner, to the Agreement institutions and mechanisms and avail the overall funding of the peace agreement, as a matter of priority; 

ii. ensure that the judicial reforms process complements the permanent constitution-making process and the conduct of elections; 

iii. expeditiously set up functioning CTRH and CRA institutions and begin the task of truth and reconciliation to complement the overall peace agreement; 

iv. create an enabling civic and political space for citizens’ participation in governance;

v. provide, as a matter of urgency, all the resources necessary to complete redeployment of the remaining NUF, and complete harmonisation of the command structure to achieve a unified force with a national character, under one Commander-in-Chief; 

vi. pursue establishment of the Special Reconstruction Fund (SRF) and Board with a view to supporting the implementation of the R-ARCSS; and 

vii. develop detailed workplans for the NCRC, Security Mechanisms, and the NEC while ensuring that these mechanisms are fully funded to allow them to continue the constitution-making and elections processes.

c. To the TNLA: 

i. expedite the enactment of all pending amendment bills; 

ii. participate in creating an enabling civic and political space, including by considering to amend the NSS Act so as to address the contentious provisions on arrests without warrants and detention of suspects; and 

iii. continue supporting the allocation of the requisite resources for the financing of the implementation of the Revitalised Peace Agreement. 

31. In conclusion, despite the challenges, the country remains relatively peaceful.  RJMEC commends this august Assembly for its continued legislation and enactment of laws and oversight responsibilities. However, I would like to underscore that two years is a very short time and there is need for a sense of urgency, prioritization, focus and deliberate demonstration of practical implementation of the Agreement tasks within timelines. It cannot be business as usual; and much remains to be done if free, fair and credible elections have to be conducted by December 2026, under a permanent constitution as envisaged in the Agreement.   

32. Therefore, having agreed to a two-year extension of the Peace Agreement, it is imperative that the RTGoNU, TNL and all other stakeholders should work diligently to complete the pending tasks of the Agreement, particularly those related to the Permanent Constitution-making, electoral preparations, unification of the forces, and transitional justice. At the same time, further opening up of civic and political space cannot be overemphasised, in order to provide an enabling environment for political participation by the general public, especially in the constitution-making and election processes.  

33. All of these efforts should be consolidated by the RTGoNU availing sufficient financial resources to drive success in implementation of the R-ARCSS. The TNLA is therefore urged to enhance its effectiveness in discharging its oversight responsibility and to prevail on the RTGoNU to adhere to the agreed implementation schedule, provide funding and ensure accountable and transparent utilisation of allocated resources.

Right Hon. Speaker, Honorable Members, I Thank You!

…………………………………………………………….

Amb. Maj Gen (rtd) Charles Tai Gituai CBS

RJMEC Interim Chairperson

.        H.E. Dr. Wani Igaa, Vice President of the Republic of South Sudan;

-       Rt. Hon. Jema Nunu Kumba, Speaker of the TNLA;

-       Hon. Losuba Ludoru Wongo, Minister for Federal Affairs;

-       Mr Guang Cong, Deputy SRSG [Representative of UNMISS];

-       Amb. Prof. Joram Biswaro, SRCC and Head of the African Union Mission in South Sudan

-       Honorable Ministers, Excellencies 

-       Distinguished Ladies and Gentlemen,

-       All Protocol Observed

Good Morning!

1.   At the outset, I bring you warm greetings from H.E. Amb. Maj. Gen (rtd) Charles Tai Gituai, Interim Chairperson of RJMEC, who is unable to be here in person, at the opening of this high-level forum, due to unavoidable circumanstances.

2.   On behalf of the Interim Chairperson of RJMEC, allow me to thank the Council of States, the Ministry of Petroluem and the Ministry of Finance and Planning for convening this forum on: “Fiscal Devolution, Wealth Sharing and Revenue Management in South Sudan”. 

3.   In a special way, I would like to extend RJMEC’s appreciation to the UNMISS and UNDP for their continued support to the implementation of the R-ARCSS and for facilitating the convening of this forum.

4.   From RJMEC’s perspective, looking back to 2016, and prior, the conversations about federalism and its key tenets in the Republic of South Sudan have come a long way, and it is today very constructive, informative and progressive. 

5.   The ongoing conversations on federalism and the widely held expectation for a permanent constitution based on a federal system of government in the Republic of South Sudan after the Transitional Period, underscores a positive change in attitude, incuding the importance of getting the design and implementation of federalism right.

6.   So far, a lot of work has been done by the Ministry of Federal Affairs which has developed a clear policy guideline on federalism, other line Ministries supporting this endeavors, the Transitional National Legislature enacting laws to support reforms and the implementation of the Agreement, and various partners such as UNMISS, UNDP, the Max Plank Foundation and the International IDEA, who have all contributed to this endeavour.

7.   Today’s forum is particularly important, given that “fiscal responsibility and wealth sharing” are not only some of the key hallmarks of federalism  but also an area fraught with conflicts, and sometimes, they are the key obstacles, for the implementation of a viable federal arrangement.

8.   RJMEC therefore welcomes the timely nature of this high-level forum, delving deeper into this issue of fiscal federalism, wealth creation, and revenue management, and for bringing the reconstituted NCRC on board, to illuminate its various facets, listen to current concerns from the people on the ground, researchers, stakeholders, practitioners, and learn experiences and best practices.

9.       Furthermore, I would like to underscore that this engagement is a positive step to achieving the provision of Article 4.1.6 of the R-ARCSS which states:  “Revenue sharing shall reflect a commitment to devolution of powers and resources, and the decentralization of decision-making in regard to development, service delivery and governance”.  

10.   Furthermore, the conversations here will contribute to the implementation of Article 4.1.5 of R-ARCSS, which states that “the wealth of South Sudan shall be shared equitably so as to enable each level of government to discharge its reconstruction, development, legal and constitutional obligations, duties and responsibilities”.

11.  In conclusion, for fiscal devolution to be effective, there are a number of preconditions which need to taken into consideration. They include, among others,  a stable political environment; effective autonomous subnational governments; institutional capacity at regional/state and local levels of government; government accountability; effective democratic election infrastructure at all levels of government; and capacity to raise adequate levels of revenue locally.

12.  Finally, RJMEC is optimistic and confident that the outcome of this forum will go a long way in identifying a viable fiscal federalism model for South Sudan that can enhance effective governance, equitable development, and sustainable peacebuilding in a democratic and federal South Sudan. 

13.  I wish you fruitful deliberations over the next two days.

I Thank You!

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 31 October, 2024, convened its 38th monthly meeting in Juba.

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 31 October 2024

UNPRECEDENTED NEED TO DO THINGS DIFFERENTLY THIS TIME AROUND

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 31 October, 2024, convened its 38th monthly meeting in Juba.

In his address to the meeting, the first since the two-year extension of the Transitional Period on 18 September 2024, RJMEC Chairperson, Amb. Maj. Gen. Charles Tai Gituai said that throughout implementation of the Revitalised Peace Agreement, progress in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) has been slowed down by many recurring challenges such as insufficient political will, trust deficit, lack of sufficient, dedicated and predictable funding, and capacity gaps. 

As such, he said, this time round, “there is unprecedented need to do things differently. A clear demonstration by the Revitalised Transitional Government of National Unity (RTGoNU) to mobilise sufficient resources to implement the Agreement would be a strong indication of political will and commitment.”

Amb. Gituai called on the RTGoNU and the various institutions and mechanisms of the Agreement to align and deliver their tasks within the extended Transitional Period. 

“These should include action plans, budget, timelines, and resource mobilisation, and proactive engagement with the various other Agreement institutions and mechanisms.”

He added: “Securing predictable funding and making early progress with the implementation of these outstanding tasks will therefore send a positive signal across the country that the Parties are making good on their promises and would attract timely support.” 

The extension of the Transitional Period, he said, which is effective from 22 February 2025 to 22 February 2027, “felt like the continuation of an endless cycle of transitions”, adding that the slow pace of implementation and inability to adhere to timelines by the RTGoNU “are major sources of concern”. 

“This is a tight timeline, which requires deliberate planning and a sense of urgency, in order to have all the critical pending tasks accomplished for the elections to take place as scheduled,” he said.

However, Amb. Gituai urged the Parties to replicate the spirit of collegiality, consensus and urgency, exhibited in extending the Transitional Period, “to expeditiously implement the critical pending tasks, especially the constitution-making and electoral processes, and the unification of forces.” 

“It is important to observe that South Sudan has friends and partners who are willing to support the implementation of the Revitalized Peace Agreement, provided the RTGoNU leads the process by providing the bulk of the funding.”

In his conclusion, the Chaiperson urged increase of women’s representation in the executive and legislative appointments up to and beyond the 35% minimum threshold given their centrality of the roles of women in achieving lasting peace and security in the country. 

“It is important to remind the Parties that when replacements in appointments take place, they should not reduce the overall count of women in these positions. Instead, women’s representation should be increased in executive and legislative appointments,” he said. 

“Women’s leadership and full inclusion in peacebuilding and political processes is central to achieving lasting peace and security in South Sudan.”

 -Honourable Ministers, 

-  Excellencies, 

-  Ladies and Gentlemen,

Good morning!

1.     I welcome you all to the 38th plenary meeting of the RJMEC. This is the first meeting since the Parties to the Agreement agreed to extend the Transitional Period by an additional 24 months, a decision that was endorsed by the Revitalised Transitional Government of National Unity (RTGoNU) Council of Ministers, and consented to by the RJMEC.  It was then ratified by the Transitional National Legislature, and from there assented to by the President of the Republic of South Sudan, H.E. Salva Kiir Mayardit. The extended Transitional Period is therefore effective from 22 February 2025 to 22 February 2027, with elections due in December 2026. This is a tight timeline, which requires deliberate planning and a sense of urgency, in order to have all the critical pending tasks accomplished for the elections to take place as scheduled. 

2.     As you are all aware, the decision for the extension was met with mixed reactions, with many being disappointed at what felt like the continuation of an endless cycle of transitions. The slow pace of implementation and inability to adhere to timelines by the RTGoNU are major sources of concern. Consequently, due to the non-completion of the critical preparatory tasks of the Agreement required for elections, it was clear that the country was not ready for elections as previously scheduled in December 2024.

3.     Throughout implementation of the Revitalized Peace Agreement, progress has been slowed down by many recurring challenges such as insufficient political will, trust deficit, lack of sufficient, dedicated and predictable funding, and capacity gaps. Therefore, there is unprecedented need to do things differently this time around. A clear demonstration by the RTGoNU to mobilise sufficient resources to implement the Agreement would be a strong indication of political will and commitment. As the honourable representative of the RTGoNU told us at the extraordinary plenary, “the bulk of funding must be internally generated.” It is our expectation that this funding will be availed immediately.

4.     It is therefore expected that the RTGoNU and the various institutions and mechanisms of the Agreement will brief this meeting about their strategies to align and deliver their tasks within the extended Transitional Period. These should include action plans, budget, timelines, and resource mobilisation, and proactive engagement with the various other Agreement institutions and mechanisms.

Excellencies, Ladies and Gentlemen

5.     In terms of the status of implementation of the R-ARCSS, I will highlight some of the recent developments since our last meeting, and then conclude with recommendations.

6.     Firstly, governance. It is understood that the Political Parties Council (PPC), the National Elections Commission (NEC), the National Constitutional Review Commission (NCRC) and the National Bureau of Statistics (NBS) have each provided a timeline and accompanying budget to the RTGoNU covering the extended Transitional Period. It is expected that the RTGoNU will fund these institutions accordingly. In RJMEC’s view that,  enhanced cooperation between these institutions can better align their respective workplans and priorities. It is expected that they will provide more details on their work to this meeting. 

7.     With regard to judicial reforms, RJMEC welcomes the validation of the final report of the ad hoc Judicial Reform Committee (JRC) which nears completion of its mandate, as provided for under Article 1.17 of the R-ARCSS. A reformed, effective, independent, and impartial judiciary in South Sudan will be an anchor of justice, liberty and the rule of law before, during and after elections, and for the future generations. It is now incumbent upon the RTGoNU to adopt this report and to effectively and expeditiously implement the recommended reforms. As demonstrated by both the National Constitutional Amendment Committee (NCAC) and the JRC, with financial and other support, Agreement institutions and mechanisms can deliver their mandates successfully.  

8.     In terms of women’s representation in the executive and legislative appointments, RJMEC would like to emphasise the importance of the minimum 35% threshold for their representation. Further, it is important to remind the Parties that when replacements in these appointments take place, they should not reduce the overall count of women in these positions. Instead, women’s representation should be increased in executive and legislative appointments. As was underscored at the recent 4th annual national conference on Women, Peace and Security, women’s leadership and full inclusion in peacebuilding and political processes is central to achieving lasting peace and security in South Sudan. The inclusion in leadership, will be boosted by the prioritisation of the impending Bills on Anti-Gender Based Violence (GBV), Women Empowerment, the Women Enterprise Development Fund, Persons With Disability, and Family Law, among others.

9.     In regard to transitional security arrangements, The permanent ceasefire continues to hold, however,  there have been several alarming  incidents of violence in Nassir County, Upper Nile State, that have claimed several lives and displaced thousands of families. The incidents in Wondoruba and Jebel Iraqi in Central Equatoria State involved gruesome killing of approximately 26 youth, allegedly by uniformed personnel. I have been informed that a committee has been appointed to investigate the incidents in Nassir County and in Central Equatoria State. I would like to hear more from the JDB on this matter. Furthermore, I call upon CTSAMVM to expeditiously investigate these incidents. Those found responsible should be held accountable.

10.  On the Transitional Security Arrangements, no progress has been reported since the last Plenary. The challenges that have long existed still persist, including lack of funding for security mechanisms and their activities, poor logistical support to Training Centres and Cantonment Sites, and lack of funding for the DDR Commission. The DDR Commission, established as per article 1.19.1.20 of the R-ARCSS, and  being one of the most important commissions critical for the stabilisation of the country, reports that it has not been funded by the Government since its reconstitution.  There are reports that NTC has been working on a consolidated workplans for the security mechanisms. This meeting expects to hear more on this from the NTC. 

Excellencies, Ladies and Gentlemen

11.  On Humanitarian affairs, there are growing humanitarian needs in South Sudan, considering the influx of refugees and IDPs due to the conflict in Sudan and the natural calamities like floods and increased food shortages.  It  was therefore welcome news to hear that the South Sudan Action Plan on Return, Reintegration, and Recovery was recently launched by the Vice President H.E. Rebecca Nyandeng. The national policy aims at providing durable solutions for refugees, IDPs, returnees and host communities. It is expected that the policy will help answer critical questions on how IDPs and refugees will be settled and participate in the constitution-making and electoral processes.

12.  On Resource, Economic and Financial management, the regulations which govern the Public Procurement and Disposal of Assets Authority, and the Bank of South Sudan’s statutory functions have recently been developed following the passing of key legislation in 2023. In particular, efforts in strengthening the financial system through reforms to the Bank of South Sudan help to promote financial stability by regulating by law, all financial institutions. I therefore urge the Bank of South Sudan, to continue exercising its statutory functions, especially in relation to promoting price stability and monetary policy formulation, as per Article 4.2.2.2 of the R-ARCSS.

13.  The submission of the Draft National Budget for Fiscal Year 2024/2025 to the TNLA on 25 September 2024 ,is three months behind budget preparation schedule. With funding being a key part of the requirements for the extended Transitional Period, it is important that the budget aligns with peace implementation needs in a timely manner. RJMEC urges its finalisation as soon as possible.

14.  Furthermore, with the reported resumption of oil flowing through the pipeline that runs through Sudan, this should likewise provide budgetary support to peace implementation. More broadly, with the economic hardship currently being experienced in the country, RJMEC calls for the establishment of the Enterprise Development Fund, the Youth Enterprise Development Fund and the Women Enterprise Development Fund.

Excellencies, Ladies and Gentlemen,

15.  On transitional justice, it is noted that the Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and Compensation and Reparation Authority (CRA) were passed by the Transitional National Legislative Assembly in September and thereafter submitted to the Council of States for scrutiny. The Bills have now been submitted to the President for assent. Given the critical importance of these Bills in enabling the establishment of the mechanisms that will spearhead goals of truth, reconciliation, justice, reparations and healing, RJMEC urges the RTGoNU to conclude enactment of the Bills and to prioritise the establishment and operationalisation of the CTRH and CRA.

16.  In terms of the permanent constitution making process, RJMEC understands that the reconstituted National Constitutional Review Commission (NCRC) has taken steps to ensure its institutional readiness for the delivery of its mandate. In this regard, RJMEC takes note that ten members of the NCRC are awaiting formal appointments and swearing in, and appeals to the RTGoNU to expedite this process.

17.  Furthermore, the NCRC has developed its action plan with a budget and timeline, and requires funding from the RTGoNU, to commence civic education and public consultation. RJMEC further appeals to the RTGoNU to avail the requisite resources and support to the NCRC to enable it to conduct its activities in a timely manner, given that the Permanent Constitution is a critical pre-requisite for the holding of elections.

Excellencies, Ladies and Gentlemen,

18.  For its part, RJMEC has enhanced its diplomatic engagements since the last plenary, including having met various interlocutors, such as the First Vice President, the Vice Presidents, different national Ministers of the RTGoNU,  Agreement Institutions and Mechanisms, regional guarantors, AU C5, Ambassadors and international partners based in Addis Ababa, Ethiopia, and in Nairobi, Kenya.  These engagements have provided updates on the implementation of the R-ARCSS and sought to have a deliberate and aligned approach focused on enhanced support for the South Sudan peace process.

19.  Given the aforementioned, and in light of the need to do things differently in order to adhere to the agreed timelines and implementation schedule as per the extended period, I would like to offer thefollowing recommendations to the RTGoNU:

a.     Provide a strategy with a clear, coherent and overarching action plan, budget and timeline for the implementation of the priority tasks for the extended transitional period to build confidence, and aid ?resource mobilisation and support;

b.     Coordinate the Agreement Institutions and Mechanisms so that their workplans are aligned, coherent, and collaborative to ensure effective and efficient implementation;

c.      Mobilise and dedicate adequate and predictable funding to the Agreement Institutions and Mechanisms now and throughout the extended Transitional Period;

d.     Enhance the effectiveness of the Government–Tri Lateral Taskforce to help identify areas of collaboration and support to address issues related to the constitution-making and electoral processes in a timely manner;

e.      Increase women’s representation in the executive and legislative appointments up to and beyond the 35% minimum threshold given their centrality of the roles of women in achieving lasting peace and security in South Sudan;

f.       Expedite the completion of the unification of forces and their deployment, and DDR;

g.     Address questions of how South Sudanese refugees and IDPs will participate in the constitution-making and electoral processes; and

h.     Complete enactment of the CTRH and CRA bills paving way for the establishment and operationalization of these critical transitional justice mechanisms. 

20.  In conclusion, I urge the Parties to replicate the spirit of collegiality, consensus and urgency, exhibited in extending the Transitional Period, to expeditiously implement the critical pending tasks within this extended period, especially the constitution-making and electoral processes, and the unification of forces.

21.  Furthermore, it is important to observe that South Sudan has friends and partners who are willing to support the implementation of the Revitalized Peace Agreement, provided the RTGoNU leads the process by providing the bulk of the funding. Securing predictable funding and making early progress with the implementation of these outstanding tasks will therefore send a positive signal across the country that the Parties are making good on their promises and would attract timely support. I therefore appeal to the RTGoNU, to make a significant step in the implementation of the Agreement in these remaining months, before the end of the year, as a Christmas gift to the people of South Sudan.

22.  I wish you fruitful deliberations.

I Thank You!

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has urged the transitional government of national unity to expeditiously implement judicial reforms to establish a first-class judiciary which is independent, impartial and capable to dispense justice to all citizens.

Excellency Dr. Riek Machar Teny, First Vice President of the Republic of South Sudan;

Your Excellencies Vice Presidents and Chairpersons of the various Ministerial Clusters present;

Rt.Hon. Deputy Speaker of the Transitional National Legislative Assembly;

Hon. Dr Martin Elia Lomuro, Minister for Cabinet Affairs

 Hon. Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs;

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

Hon. Justice James Ogoola, Chairperson of the ad hoc Judicial Reform Committee; 

Hon. Lady Justice Joyce Alouch, Deputy Chairperson of the Judicial Reform Committee;

The media fraternity;

§  Ladies and Gentlemen, 

All protocol observed. 

Good morning.

1.   I am honored to address you all this morning on behalf of H.E Amb. Maj. Gen (rtd) Charles Tai Gituai, Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), who is unable to be with us today due to unavoidable circumstances. 

2.   As you may be aware, the RJMEC is an institution established under Chapter 7 of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), with the mandate, among others, to oversee, monitor, evaluate, and report on the status of the implementation of the Peace Agreement. 

3.   The establishment of the ad hoc Judicial Reform Committee by the RTGoNU in 2022 represented a clear commitment by the government to address the pressing need for judicial reforms in the Republic of South Sudan. The JRC was mandated by the Revitalized Peace Agreement to study and make recommendations to the RTGoNU on appropriate judicial reforms for its consideration. 

4.  The Judiciary is an important arm of government, and an effective, independent, and impartial judiciary is indispensable for dispensing justice, eradicating impunity, and achieving lasting peace, stability and democratization.

5.     We understand that this is a very comprehensive report, and that it contains a number of practicable recommendations for inter alia promoting the proper administration of justice, independence of the judiciary, strengthening customary law, and establishment of the constitutional court, in the Republic of South Sudan. 

Excellencies, Honorable Ministers, Ladies and Gentlemen,

6.   Today is therefore a very historic day, as we convene at this pivotal workshop to validate the report of the ad hoc Judicial Reform Committee (JRC). As RJMEC, we have followed very closely the important work of the JRC, from the beginning to date. 

7.   This JRC report is not just a document but it embodies the voices and aspirations of countless South Sudanese who seek a judiciary that is independent, efficient, and responsive to their needs. It also reflects their collective vision for a legal framework that upholds the rule of law and protects human rights. 

8.   As this validation process commences, let us remember that the work here has far-reaching implications, as a reformed judiciary will empower citizens, enhance accountability, and foster social cohesion in the communities in South Sudan. This is therefore an opportunity to lay the groundwork for a judicial system that not only meets the challenges of today but also anticipates the needs of future generations. It is therefore essential that the validation is approached with due diligence it deserves. 

9.   We know that a lot of grounds were covered by the JRC during this work. We take note of the many in-depth consultations undertaken during this process, the incredible amount of information obtained on the state of the judiciary and the various recommendations for reforms. 

10.   We are also seized of the many challenges the JRC encountered along the way, in particular, the insufficient funding and time pressure, which partly hampered their timely work. The final validation of its reports today is therefore a big milestone and a step forward in the implementation of the Revitalized Peace Agreement. 

11.  I want to congratulate the JRC for achieving this historic milestone. I commend the leadership of the RTGoNU, in particular Your Excellency, Salva Kiir Mayardit and your peace partners in the Presidency, for the leadership provided in the implementation of the Revitalized Peace Agreement to date, and for the support provided to the Hon. Minister of Justice and Constitutional Affairs to deliver on this mandate.

12.   We commend the IGAD Special Envoy for South Sudan, and all partners like UNDP, for supporting the JRC to successfully discharge its mandate.

13. I also thank the Hon. Chief Justice, and the Judiciary for supporting the JRC in this endeavors and hope that the recommendations obtained in this process will contribute to reforming the Judiciary into an effective, independent and impartial arm of government.

Excellencies, Honorable Ministers, Ladies and Gentlemen,

14. It is now incumbent upon the RTGoNU to adopt this report and to effectively and expeditiously implement the recommended judicial reforms to establish a first-class judiciary which is independent, impartial and capable to dispense justice to all citizens.

15. This validation is also timely, as it comes at the commencement of the new two years extension. An independent and trusted judiciary is a critical guarantor for peace and stability before, during and after elections. 

16. RJMEC is confident, that the timely implementation of the JRC report, and its inclusion in the new permanent constitution, will make the conduct of elections safer and possible at the end of this extended period.

17. I therefore want to end by congratulating their lordships, Justice James Ogoola and Lady Justice Joyce Alouch and all the members of the JRC, for their historical contribution to the establishment of this nation state, laying a foundation to a just and peaceful South Sudan.

I thank You.

END

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) today Wednesday 18 September, 2024 convened its 3rd Extraordinary meeting in Juba. 

Communication Office

PRESS RELEASE

(For Immediate Publication)

 Wednesday, 18 September 2024

ANY EXTENSION WITHOUT GUARANTEED FUNDING IS UNLIKELY TO RESULT IN A SUCCESSFUL OUTCOME, NOTES RJMEC AS MEMBERS VOTE TO EXTEND THE TRANSITIONAL PERIOD TO FEBRUARY 2027

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) today Wednesday 18 September, 2024 convened its 3rd Extraordinary meeting in Juba. 

The meeting was convened at the request of the Revitalised Transitional Government of National Unity (RTGoNU) for RJMEC members to consider the decision of the Parties to the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) to extend the Transitional Period of the Peace Agreement for twenty-four months, from 22nd February 2025 to 22nd February 2027.

Article 8.4 of the Revitalised Agreement requires that at least two-thirds of the members consent to an extension of the Agreement, which is 29 of the total 43 members. 34 voted in favour of the extension. 

The RJMEC vote now requires ratification by the Transitional National Legislature, according to the constitutional amendment procedures set out in the Transitional Constitution of the Republic South Sudan, 2011 (as amended).

As the next step, the RJMEC Chairperson will submit the decision and the accompanying resolution to the Council of Ministers to be forwarded to the Transitional National Legislative Assembly for ratification and amendment of the Transitional Constitution. 

Speaking at the opening of the meeting, RJMEC Chairperson Amb. Maj. Gen. Charles Tai Gituai said: “As RJMEC, we have repeatedly expressed our concerns over the slow pace and limited progress in completing the critical requirements for elections, and the lack of sufficient funding for the implementation of the  Agreement.” 

He added, “In March this year, we requested the Parties to the R-ARCSS to dialogue on the way forward to ensure the conduct of free, fair, and credible elections in a timely manner as per the Roadmap, but despite all the pressure put, the response has been slow to come out in an appropriate time frame.” 

The concern of RJMEC, he said, has been the lack of dedicated and predictable funding in this peace process. “Therefore, any extension, without guaranteed funding, is not likely to result in a successful outcome,” he said.

“I therefore call upon the RTGoNU to demonstrate to RJMEC members, how funding in particular, and the other recurrent challenges that have held back the implementation of the R-ARCSS in the past will be remedied to ensure that the critical pending tasks will be completed and elections held as promised,” he concluded. 

ENDS

Honourable Members, 

Ladies and Gentlemen,

Good morning!

1.   I welcome you all to the 3rd Extraordinary Meeting of the RJMEC. As you are all aware, our 38thregular plenary meeting was scheduled for 26th September 2024. However, as provided for under Article 7.12 of the R-ARCSS, RJMEC may convene extraordinary meetings as deemed necessary. This meeting is being convened at the request of the RTGoNU for RJMEC members to consider the decision of the Parties to the R-ARCSS to extend the Transitional Period of the Revitalized Peace Agreement for twenty-four months from 22nd February 2025 to 22nd February 2027.

2.   Allow me to provide some context regarding the RJMEC’s role in this regard. Under Article 7.6 of the R-ARCSS, RJMEC is responsible for monitoring and overseeing the implementation of the Agreement and the mandate and tasks of the RTGoNU, including adherence of the Parties to the agreed timelines and implementation schedule. Under Article 8.4 of the R-ARCSS “the Revitalized Agreement may be amended by the Parties, with at least two-thirds of the members of the Council of Ministers of the RTGoNU, and at least two-thirds of the voting members of the RJMEC consenting to the amendment, followed by ratification by the Transitional National Legislature”.

3.   The 1st Extraordinary Meeting of RJMEC was held almost six years ago, on 19th February 2019, to consider the budget of the National Pre-Transitional Committee (NPTC). The 2ndExtraordinary Meeting was held on 1st September 2022, during which the members consented to the  ‘Roadmap’, which extended the Transitional Period of the Revitalized Peace Agreement by two years to February 2025. 

4.   Over the last nineteen months of the implementation of the tasks provided for under the Roadmap, some progress has been registered, particularly: 

a.   Under Chapter 1 the reconstitution and operationalization of the critical election related institutions namely the Political Parties Council (PPC) and the National Elections Commission (NEC); completion of the review and amendment of the remaining laws by the National Constitutional Amendment Committee (NCAC); registration of new political parties; completion by the ad-hoc Judicial Reforms Committee of its work, and enactment by the Transitional National Legislative Assembly (TNLA) of several revised laws;

b.   Under Chapter II the completion of Phase 1 graduation of 55,000 Necessary Unified Forces (NUF), the deployment of eight (08) battalions of the army component of the NUF, as well as the appointment of 2995 non-commissioned police officers into the South Sudan National Police Service (SSNPS), and the completion of the Strategic Defense and Security Review (SDSR) draft policy documents;

c.    Under Chapter III, the revised NGO Act Amendment Bill was endorsed by the RTGoNU Council of Ministers and submitted to the TNLA, and a consolidated Durable Solutions Framework for supporting the dignified return and reintegration of IDPs and Refugees was approved by the Council of Ministers;

d.   Under Chapter IV, reforms are ongoing in the resource, economic and public finance management; the Public Procurement and Asset Disposal Authority (PPDA) has been created and is functional as required by the Agreement; several bills have been passed by the TNLA including: the Public Financial Management and Accountability (PFMA), Anti Corruption Act, the Bank of South Sudan and the Banking Acts. In addition, the Bill for the Fiscal Financial Allocation Monitoring Committee, which is to ensure transparency of allocations of national revenue to the States and Counties has been approved by the Council of Ministers and now awaits tabling before the TNLA. 

e.    Under Chapter V on Transitional Justice and Accountability, the Ministry of Justice undertook and completed a countrywide consultation which resulted into the drafting and enactment of the bills for the establishment of the Commission on Truth, Reconciliation and Healing (CTRH) and Compensation and Reparations Authority (CRA) by the TNLA, which now awaits assent of the President.

f.     Under Chapter VI- the law for the making of the permanent constitution was enacted, and the National Constitutional Review Commission (NCRC) was reconstituted and has commenced its work. The Commission has since held several orientation and training workshops, and developed and adopted all its internal governing instruments. 

5.  However, despite the aforementioned progress, some very critical tasks remain pending. These include enactment of the Petroleum related bills, the Audit Chamber, and the NGO Bills; the finalization and implementation of the Judicial Reform Commission (JRC) reports; the completion of Phase I and commencement of Phase II unification of forces, and the Strategic Defence and Security Review (SDSR) and Disarmament Demobilization and Reintegration (DDR) processes; establishment and operationalization of the  Commission for Truth Reconciliation and Healing (CTRH) and Compensations and Reparation Authority (CRA); the making of the Permanent Constitution, and ensuring sufficient preparation for the conduct of elections. 

6.  As RJMEC, we have repeatedly expressed our concerns over the slow pace and limited progress in completing the critical requirements for elections, and the lack of sufficient funding for the implementation of the  Agreement. In March this year, we requested the Parties to the R-ARCSS to dialogue on the way forward to ensure the conduct of free, fair, and credible elections in a timely manner as per the Roadmap, but despite all the pressure put, the response has been slow to come out in an appropriate time frame. However today, the RTGoNU will shortly brief you on the process and outcome of the interparty dialogue and the decisions that have been made by the Parties as a way forward to elections. 

7.   As RJMEC, our primary concern has been the lack of dedicated and predictable funding in this peace process. Therefore, any extension, without guaranteed funding, is not likely to result in a successful outcome. I therefore call upon the RTGoNU to demonstrate to RJMEC members, how funding in particular, and the other recurrent challenges that have held back the implementation of the R-ARCSS in the past will be remedied to ensure that the critical pending tasks will be completed and elections held as promised.

8.   I therefore invite all of you RJMEC voting members, pursuant to Article 8.4 of the R-ARCSS, to deliberate and pronounce yourselves on the Parties’ decision, which calls for amendment of Article 1.1.2 of the Revitalized Agreement, to further extend the Transitional Period from 22ndFebruary 2025 to 22nd February 2027. 

9.   I wish you fruitful deliberations.

I Thank You.

Communication Office

PRESS RELEASE

(For Immediate Publication)

Wednesday, 14 August, 2024, Juba, South Sudan

REALISTIC TIMETABLE FOR ELECTIONS SHOULD BE FOLLOWED BY BUDGET, GUARANTEED FUNDING

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) today Wednesday August 14, 2024 briefed virtually the 9705th meeting of United Nations Security Council.

In his address to the members of the Security Council reviewing the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS), RJMEC Chairperson Amb. Maj. Gen. Charles Tai Gituai said: 

“With regards to the prospects of elections, an inter-party Committee reviewed the Roadmap implementation, and submitted its report to the Principals, who met yesterday, 13 August.” 

He continued: “In response, the Parties to the Agreement by consensus have tasked the relevant institutions and the inter-party Committee to develop a realistic timetable for elections. It is expected that the timetable will be accompanied by a budget and guaranteed funding.”

In reviewing the status of implementation of the Revitalised Peace Agreement, Amb. Gituai outlined some challenges which have slowed down progress which include, insufficient political will, trust deficit among the Parties, capacity gaps, and persistent levels of intercommunal violence in the states. 

Additionally, he said, “all the Agreement institutions and mechanisms have insufficient and unpredictable funding which is hampering their work.” Lastly, Amb. Gituai acknowledged that the Revitalised Agreement has contributed to relative peace, inclusive governance structures, and the ongoing legal, security and economic reforms in the Republic of South Sudan. 

As such, he said: “It is evident that the Revitalised Agreement remains the most viable blueprint and transformative framework for achieving enduring peace and prosperity.”

The RJMEC Chairperson concluded: “I therefore appeal to this Council to remain seized of the peace process in South Sudan and to encourage the international community to mobilise resources and political support for full implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan.”