The NCAC Chairperson during the presentation of the National Security Service Act 2014 (Amendment) Bill, 2019 and the Political Parties Act, 2012 (Amendment) Bill 2019 to the Justice & Constitutional Affairs on June 13, 2019
7th RJMEC PLENARY HELD IN JUBA
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RJMEC, IGAD CONVENE SOUTH SUDAN JOINT SECURITY MECHANISM WORKSHOP IN JUBA
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RJMEC INTERIM CHAIR URGES OPERATIONALIZATION OF CANTONMENT
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STATEMENT BY H.E. AMB. LT. GEN. AUGOSTINO S.K. NJOROGE INTERIM CHAIRPERSON OF THE RECONSTITUTED JOINT MONITORING & EVALUATION COMMISSION TO THE 7th RJMEC MONTHLY MEETING, TUESDAY, 18 JUNE 2019 JUBA, SOUTH SUDAN
Honourable Ministers,
Excellencies,
Ladies and Gentlemen,
Good morning.
1. Welcome to our seventh RJMEC monthly meeting.
2. I will divide my statement into four sections. The first section will provide an update on action points arising from the last Plenary, while the second will provide an update on the status of implementation of the Agreement and the critical pending tasks of the Pre-Transitional Period. Thirdly, I will highlight recurring challenges, and then conclude with my recommendations for the coming period.
Excellencies, ladies and gentlemen;
3. In the last Plenary, it was resolved that cantonment be expedited and should commence by the 15thJune. To begin with, the JMCC and the JTSC have moved forward with the cantonment planning process. The JMCC has conducted assessment visits to designated cantonment sites. I am encouraged by the formation and training of the Area Joint Military Ceasefire Committee (AJMCC) and the Joint Monitoring Ceasefire Teams (JMCTs). Last Friday, the JMCC completed the training of 154 personnel here in Juba who will operate the cantonment sites. More details will be presented by the JDB and the other security mechanisms shortly.
4. There is also some progress to report on the formation of the DDR Commission. The representatives of the Parties and stakeholders met and agreed on its restructuring. It was also agreed that either the Chairperson or the Deputy shall be a woman. The Parties and stakeholders have been requested to submit the names of their nominees to the IGAD Special Envoy, who will vet the suitably qualified candidates and submit them to the NPTC. The NPTC will then make the appointments accordingly.
5. I also had the honour of addressing the African Union Peace and Security Council in Addis Ababa, Ethiopia, on the current situation in South Sudan and on the status of implementation of the Agreement. I informed the Council on the remarkable improvement in the overall security situation since the signing of the R-ARCSS.
6. I also highlighted the progress made in the implementation of the Agreement, and the challenges which remain. I appealed to the Council to persuade the AU Commission and its member states to extend the requisite support to its implementation.
7. Concerning the identified gaps within the security mechanisms, I am pleased to report that the AU C5 Ambassadors invited RJMEC and the Office of the Special Envoy to Addis to give details and provide a list of in-kind support that can be made available for cantonment. Since then, members of the JDB, the JTSC and JMCC have been to Addis to follow up on the assistance, and we look forward to hearing the details shortly.
8. Regarding the occupation of civilian centres by the military, I wrote to the Chairman of the JDB requesting him to issue instructions to respective commanders for their troops to vacate all occupied civilian centres by 15thJune 2019. I am encouraged by the latest CTSAMVM report on this matter. The CTSAMVM Chairperson will provide more details shortly.
Excellencies, ladies and gentlemen;
9. Regarding the status of implementation of the Agreement and the critical pending tasks. To begin with, the Independent Boundaries Commission. I have been informed that the Commission is writing its report, and I expect it to be completed in the next few days. As per the Revitalized Agreement, the report of the IBC shall be presented to the IGAD Executive Secretary, who will then communicate the same to the Parties.
10. With regards to the amendment of the Constitution and relevant laws. The Constitutional Amendment Bill 2019 has been returned to the NCAC to incorporate the six-month extended Pre-Transitional Period, ahead of its ratification by the Transitional National Legislative Assembly. Five of the six security-related laws and the Political Parties Act have been reviewed and submitted to the Minister of Justice and Constitutional Affairs. I am aware that the NCAC members were unable to reach consensus on one key provision within the National Security Services Act as amended which may require further discussions. The Chairperson of NCAC will provide more details.
11. I have also reviewed and approved a new work schedule for the NCAC during this extension period, allowing them to draft the Fire Brigade Act, and to begin work on three legislations which were intended to be worked on during the Transitional Period. These are:
· the Public Finance Management Act;
· the National Audit Chambers Act; and
· the Anti-Corruption Act.
Excellencies, ladies and gentlemen;
12. Now for some recurring challenges. In terms of denial of access, CTSAMVM reports that there has been considerable improvement since late April, with only one new instance of denial of access being reported, which was by the SSPDF.
13. On the issue of notice for CTSAMVM to verify forces at a particular location, it is my understanding that CTSAMVM is required to give prior notice of the intended verification. However, in a situation where a violation is alleged at any location, CTSAMVM shall be granted unconditional access.
14. On the security situation, I am pleased to note that the permanent ceasefire continues to hold across the country, while attention is turned to cantonment and the training of the Necessary Unified Forces. Unfortunately, there is still violence and an unacceptable number of deaths linked to cattle rustling. This requires the urgent attention of the government.
15. In terms of the humanitarian situation, recent data supplied by OCHA suggests that humanitarian access continued to improve generally across South Sudan. Furthermore, humanitarian agencies accessed the vast majority of the country without major incidents. This is encouraging because it provides the enabling environment for the return of refugees and IDPs to their homes. However, the onset of rainy season will have a constraining effect on reaching the people. Additionally, I am aware that the inclusive Humanitarian Coordination Unit (HCU) was launched on the 10th May, and I would be keen to hear how it is progressing.
16. Currently, South Sudan’s economy demonstrates relatively improved inflation rates and a fairly stable exchange rate. Although inflation rates are still in double digits, it remains well below the very high levels experienced prior to the signing of the Peace Agreement.
17. Increased revenues from the opening of oil fields previously closed during the conflict is another one of the benefits being derived from the permanent cease fire. However, additional reforms in the financial management system are needed to achieve efficient use of resources and attract foreign direct investment.
18. Despite an apparent reduction in reported cases of Sexual and Gender Based Violence (SGBV), it remains a concern. However, I am encouraged by the ongoing discussion about the establishment of an SGBV court by the Judiciary, and the adoption by the South Sudanese Peoples Defence Forces of an Action Plan to eradicate SGBV by the military. These are two important developments.
19. Finally, in my recent consultation with the RJMEC stakeholders, I learnt with concern the challenges being faced by civil society in disseminating the Peace Agreement. I appeal to the Parties to the Agreement to facilitate civil society in their efforts to contribute to the peace.
Excellencies, ladies and gentlemen;
20. I will now outline some key recommendations.
a) I urge the Security Mechanisms to open the cantonment sites and ensure that all forces report to the designated sites or barracks.
b) In that respect, I urge the NPTC to avail the requisite resources to the mechanisms without delay.
c) I call upon all Parties to step up joint confidence building measures, from the highest political level to the grassroots.
d) I urge the Parties to the Agreement to takes steps to eradicate SGBV in their areas of responsibility, to ensure protection and safety of women and girls in areas under their control, and to continue accountability measures for those found culpable of SGBV violations.
20. I wish you fruitful deliberations today.
I thank you.
NCAC hands over Bills to Minister for Constitutional Affairs
The National Constitutional Amendment Committee (NCAC) has on Thursday handed over the National Security Service Act 2014 (Amendment) Bill, 2019 and the Political Parties Act, 2012 (Amendment) Bill 2019 in conformity with the requirements of Articles 1.18.1.3 and 1.18.1.2 of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) to the Minister for Justice and Constitutional Affairs of the Republic of South Sudan.
CLOSING REMARKS AMB. LT. GEN. AUGOSTINO S. K. NJOROGE (RTD) RJMEC INTERIM CHAIRPERSON, THE IGAD/RJMEC JOINT SECURITY MECHANISMS WORKSHOP, 10th MAY 2019
Good Afternoon
1. I wish to start by commending the conveners, facilitators and participants of this very important Workshop. The successful conclusion of this very timely Workshop marks an encouraging beginning of the extension to the Pre-Transitional Phase that begins tomorrow, 12 May 2019.
2. I am told the workshop went well and that significant progress was made, I congratulate youfor what you have achieved in a short time and at short notice. It is my hope that we shall keep this momentum going and double our determination, in order to avoid the agreed roadmap and implementation schedule from falling behind schedule, again.
3. When I addressed you yesterday I expressed my concern regarding the size and complexity of the task lying ahead of you and thetime available to achieve success. We are all aware that failure is not an option and that the people of South Sudan are watching anxiously, waiting to see real action that will improve their lives and produce lasting peace.
4. I also spoke about measures neededto get the key actions of Cantonment, selection, training and redeployment of the Necessary Unified Forces back on track.
5. The first step being,to enhance cooperation both within and between your organizations. I am informed that this Workshop has already demonstrated improved coordination and plans are already underway to enhance the work of the Mechanisms through information sharing and the allocation of more human and technical resources.
6. In particular, I am pleased to see thepresence of NPTC and hear about their involvement in both the discussions and the development of detailed plans to meet the new targets. I understand that NPTC has pledged to provide support to the Secretariatsincluding office space, equipment, communications and movement support. We will workclosely with NPTC to assist them in fulfilling this pledge as quickly as possible.
7. Looking forward, I expect that there will be regular meetings between the four mechanisms and involvement by NPTC, RJMEC, CTSAMVM and internationalpartners.
8. I welcome the production of detailed action plans showing confirmed locations for Cantonment sites, resources to be procured to both establish and support them with agreed budgets. I welcome toothe agreement that planning and preparation for Cantonment will run concurrently with plans to select, train anddeploy the necessary Unified Forces.
9. Most important of all,will be the announcement of a startdate for cantonment and the official opening of selected pilot cantonment sites.
10. I reiterate that logistics demands of Cantonment, training and redeployment of the necessary Unified Forces will require skilled procurement and financial staff support. I look forward to seeing the details of how this task will be performed.
11. Disarmament, Demobilization and Reintegration (DDR) will be key to the successful end of this conflict, and must also be urgently addressed. I shall be working closely with the IGAD Special Envoy to expedite the reconstitution of the DDR Commission.
12. I wish to restate my appreciation toyou all for the two days of hard work and congratulate you for your achievements. This is a good firststep on a long road. I have no doubt that there are challenges ahead,but I am confident that the people in this room have the skills and experience to overcome them. This, however, takes leadership and teamwork.
13. We hope to get assistance for you from other organizations and agencies where you request for it. RJMEC and the Office of the IGAD SE stand readyto offer whatever assistance we can provide.
14. With these few remarks,I want to offer my sincerest thanks to you all and declare this Workshop closed
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RJMEC welcomes request to extend Pre-transition Period by 6 months
The Reconstituted Joint and Monitoring and Evaluation Commission (RJMEC) has on Tuesday welcomed the request by the Parties for a 6-month extension of the Pre-Transitional Period of the revitalized peace agreement.
REPORT BY THE RJMEC INTERIM CHAIRPERSON TO THE IGAD COUNCIL OF MINISTERS JUBA SOUTH SUDAN 07TH MAY 2019
Your Excellency, the Chairperson of the IGAD Council of Ministers; Your Excellencies, Members of the Council;
Your Excellency, IGAD Executive Secretary;
Your Excellency, IGAD Special Envoy for South Sudan;
Hon. Ministers, Your Excellencies, Ladies and Gentlemen.
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Following my earlier statement to this Summit I wish to take this opportunity to present to you a more detailed summary on the status of implementation of the R-ARCSS. This Report builds on our first quarter 2019 Report, and on our assessment that was made in the letter delivered to His Excellency Dr. Abey, Prime Minister of the Federal Republic of Ethiopia, both of which have been availed to you.
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I am pleased to note that the overall security situation has improved and continues to do so. However, efforts need to continue in order to address some long outstanding issues. Of note is the continued occupation of civilian buildings by the forces of some of the Parties to the Agreement. As a matter of urgency, these buildings must be vacated immediately and the Parties report to CTSAMVM so that it can be verified.
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One of the main issues to recur throughout the Pre-Transitional period has been CTSAMVM access in its work of monitoring and verifying the forces of all Parties in South Sudan. In view of its mandate to enjoy free and unfettered access, it continues to experience obstacles, which hampers the discharge of its mandate. With regards to the Luri incident of 18th December 2018, I recommend that a joint field visit with the representatives of the Parties take place as soon as possible.
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The denial of access and information to CTSAMVM has implications that extend into all the security arrangements envisaged by the R-ARCSS. The reluctance on the part of South Sudanese forces to share data on exact troop numbers and locations has a negative impact on planning, which is an essential component for the unification of all forces. As we know, the unification of all forces is an essential requirement for the formation of the Revitalized Transitional Government.
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We still do not know the correct and verified number of troops of the Parties in South Sudan with certainty, nor their precise locations. Of course, there could well be numbers of troops and their locations of which we are completely unaware. This amounts to the circumvention of cantonment, which is a task that all Parties agreed to in signing the R-ARCSS. No troops may be trained and deployed outside of the cantonment process.
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A direct ramification of this is to complicate the operationalization of cantonment, which we have identified as the greatest concern in the slow implementation of the Agreement. Although locations have been identified, the logistical support required to manage the process has not been put in place, and this results in part from the failure to provide accurate data upon which to base the planning. Furthermore, I must stress that all the forces under the command of the Parties must be ready for cantonment.
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The data that we presently lack, once given, will provide a precise indication of the truth of the matter, and we urge that all necessary support be given to ensure accurate and consistent data from all the forces of South Sudan is provided.
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RJMEC therefore has the following two recommendations to address CTSAMVM’s lack of access:
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i) CTSAMVM to develop improved information-sharing between the JDB, JMCC, the Parties, and field commanders. Improved coordination should take place between the National Monitors and Liaison Officers; and
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ii) Diplomatic pressure to be applied to ensure that CTSAMVM’s Monitoring and Verification Teams have free access during verification of all units and formations, and to ensure that Parties respond to the list of denials and report back on the actions taken as a result of each case.
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Another key prerequisite for the formation of the RTGoNU is the completion of the work of the Independent Boundaries Commission (IBC) in determining the number of states and the composition of the Council of States. In that regard it is imperative that the IBC continues to work diligently and that it delivers its Report and recommendations in a timely manner.
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Reported incidences of sexual and gender-based violence (SGBV) remain a great concern. Despite an apparent reduction in reported cases, SGBV remains a serious concern and needs to be urgently addressed. RJMEC renews its call on the Parties to the Agreement to adhere to their obligations and refrain from all acts and forms of SGBV and ensure protection and safety of women in areas under their control. It also recommends that the fight against SGBV be made a priority. RJMEC also welcomes the launching of the SSPDF’s Action Plan to counter SGBV and encourages other parties to do the same.
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The National Constitutional Amendment Committee (NCAC) has completed work on the Constitutional Amendment Bill and is working on the Political Parties Act and the Security laws. Although the Amendment Bill, which incorporates the R-ARCSS into South Sudan’s transitional Constitution, was submitted to the Minister of Justice more than two months ago, it is yet to be ratified by the Transitional National Legislative Assembly and assented to by the President. Failure to ratify the Amendment Bill could adversely impact the formation of the RTGONU. In that regard RJMEC urgently calls for its ratification and assent.
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Also of concern has been the lack of capacity within the Agreement mechanisms and institutions. This has resulted in delays in undertaking some key tasks, such as the development of training syllabuses for the unified forces. It is important to note that: (i) the level of training and professional expertise within the military wing of the various parties vary widely and are sometimes inadequate; (ii) experience in operational and logistics planning is lacking; and (iii) subject matter expertise within the mechanisms is sorely lacking.
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In an effort to bridge these gaps within the security mechanisms and to allow for the solid planning for cantonment and the training of a unified army, RJMEC recommends that IGAD member countries make available security experts to assist in the work of the mechanisms on a short-term basis. For its part, RJMEC is in the process of recruiting two security experts who can provide assistance in that regard. However, additional expertise is required.
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Last but not least, one of the key setbacks observed to the implementation of the Pre- Transitional tasks has been the unavailability of financial resources. In that regard, RJMEC welcomes the Government’s commitment to avail US $100 million to the NPTC. It is therefore critically important that these resources be made available in a timely and predictable manner to allow all Agreement institutions and mechanisms to become fully operational and deliver on their mandate.
OPENING STATEMENT of H.E. Amb. Lt. Gen. Augostino S.K. Njoroge (Rtd) Interim Chairperson of RJMEC Delivered at The 67th Extra-ordinary Session of the IGAD Council of Ministers, Tuesday, 7th May 2019
- Your Excellency, the Chairperson of the IGAD Council of Ministers
- Your Excellencies, Members of the Council
- Your Excellency, IGAD Executive Secretary
- Your Excellency, IGAD Special Envoy for South Sudan
- Hon. Ministers,
- Your Excellencies,
- Ladies and Gentlemen,
1. It is my honour to address this Council today, andI thank you for convening this timely meeting.
2. RJMEC has been monitoring progress of the Pre-Transitional period, which unfortunately has not been implemented according to the Agreement timelines.
3. In our assessment report on the status of the implementation of the Pre-Transitional tasks presented to your Excellencies and the Parties, we determined that out of 59 key tasks, only 27 had been completed, 17 were still ongoing while 15 are pending.
4. The critical pending tasks include cantonment, training, unification and deployment of forces, the reconstitution of the DDR Commission, as well as determination of the number and boundaries of States and the restructuring and composition of the Council of States.
5. Accordingly, I appealed to the leadership of the Parties to urgently meet and take an honest assessment of the status of the implementation of the Peace Agreement and agree on the best course of action.
6. I also wrote to the IGAD leadership requesting them to urgently convene an extra-ordinary summit and council meeting to take stock of the status of implementation of the Revitalized Agreement, engage the South Sudanese parties and stakeholders, and make a determination on the best way forward.
7. As you are aware, last week the Parties to the Agreement met in Addis Ababa, Ethiopia, under the auspices of the IGAD Special Envoy for South Sudan.
8. Following extensive deliberations, the Parties to the Agreement resolved that the Pre-Transitional period should be extended for six months, effective 12thMay 2019, to allow for the implementation of critical pending tasks.
Excellencies, Ladies and Gentlemen,
9. In the circumstances, I welcome the Parties’ request for a 6 month extension. I note that this extension was necessitated by the failure to implement critical agreed tasks in accordance with the timelines of the Peace Agreement, and therefore urge this Council to consider the request, and take concrete steps to ensure that the Parties implement the Agreement in letter and spirit.
10. Our focus should now fall squarely on the leadership of the Parties to demonstrate clear political will and commitment to make sure that the security-related institutions and mechanisms of the Agreement deliver. As resolved by the Parties, the most critical determinant for the formation of the RTGoNU is the unification of forces.
11. Broken down further, their unification involves the cantonment, disarmament, screening, demobilization, selection, joint training, and deployment of forces. These are now matters of the highest priority.
12. I also welcome the Parties’ request for IGAD’s Heads of State and Government to convene regular face-to-face meetings of the top leadership of the Parties to the R-ARCSS to review the status of implementation of the Agreement.
Excellencies, Ladies and Gentlemen,
13. There are key challenges facing the effective implementation of the Agreement which include financial constraints, slow dissemination, trust deficit, capacity gaps within the various security mechanisms, coordination gaps as well as inadequate support by partners.
14. In view of this, there is need to take proactive steps and measures to address the aforementioned challenges to ensure effective implementation of the Agreement.
Excellencies, Ladies and Gentlemen,
15. I wish to submit RJMEC’s recommendations as follows:
a. The DDR Commission to be reconstituted without any further delay;
b. ITGoNU to disburse the funds pledged to the NPTC without any delay;
c. The regional and international community to extend additional support for the implementation of the Peace Agreement;
d. The NPTC to establish clear deadlines for the implementation of tasks that do not require funding;
e. The immediate demilitarization of civilian centres;
f. IGAD Member States and International Partners to second experts to support the various security mechanisms including JDB, JTSC, JMCC, and SDSR; and
g. The Independent Boundaries Commission to expedite its work and submit its report.
Excellencies, Ladies and Gentlemen,
16. The trust and confidence nurtured over the last 8 months facilitated a consensus that the Pre-Transitional period be extended to enable the full implementation of agreed tasks. This must now be consolidated. I again urge this Council to endorse the request for the 6 month extension of the Pre-Transitional period.
17. In conclusion, I must say that success in the coming period, especially the effective implementation of the security arrangements, will create a positive environment for refugees and IDPs to return home.
I wish the Council fruitful deliberations.
I thank you.
RJMEC INTERIM CHAIR SUBMITS RECOMMENDATIONS TO IGAD COUNCIL OF MINISTERS
Communication Office
PRESS RELEASE
(For Immediate Publication)
Tuesday, 7 May 2019, Addis Ababa, Ethiopia
RJMEC INTERIM CHAIR SUBMITS RECOMMENDATIONS TO IGAD COUNCIL OF MINISTERS
The 67th Exrtra-Ordinary Session of the IGAD Council of Ministers met in Juba, South Sudan, on Tuesday, 7 May, 2019. The session was convened shortly following last week’s agreement of the Parties to the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) to extend the Pre-Transitional Period by 6 months, effective 12 May 2019.
Ambassador Lt. Gen Augostino Njoroge, the Interim Chairperson of the Reconsituted Joint Monitoring and Evaluation Commission (RJMEC), urged the IGAD Council of Ministers to consider the request of extension, and to take concrete steps to ensure that the Parties implement the Agreement in letter and spirit.
He said: “Our focus should now fall squarely on the leadership of the Parties to demonstrate clear political will and commitment to make sure that the security-related institutions and mechanisms of the Agreement deliver.”
Amb. Lt. Gen. Njoroge continued: “I also welcome the Parties’ request for IGAD’s Heads of State and Government to convene regular face-to-face meetings of the top leadership of the Parties to the R-ARCSS to review the status of implementation of the Agreement.”
Finally, the Interim Chair closed his address by submitting his recommendations to the Council of Ministers, as follows:
1. The Disarmament, Demobilization and Reintegration (DDR) Commission to be reconstituted without any further delay;
2. ITGoNU to disburse the funds pledged to the National Pre-Transitional
Committee (NPTC) without any delay;
3. The regional and international community to extend additional support for the implementation of the Peace Agreement;
4. The NPTC to establish clear deadlines for the implementation of tasks that do not require funding;
5. The immediate demilitarization of civilian centres;
6. IGAD Member States and International Partners to second experts to support the various security mechanisms including Joint Defence Board (JDB), Joint Transitional Security Committee (JTSC), Joint Military Ceassrefire Commission (JMCC), and Strategic Defence and Security Review Board (SDSR-B); and
7. The Independent Boundaries Commission (IBC) to expedite its work and submit its report.
ENDS
AGREEMENT REACHED ON 6 MONTH EXTENSION OF THE PRE-TRANSITIONAL PERIOD
Communication Office
PRESS RELEASE
(For Immediate Publication)
Friday, 3 May 2019, Addis Ababa, Ethiopia
AGREEMENT REACHED ON 6 MONTH EXTENSION OF THE PRE-TRANSITIONAL PERIOD
Agreement on extending the Pre-Transitional period was reached on the second day of a meeting of the Parties to the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) which took place on Friday 3 May 2019 in Addis Ababa, Ethiopia.
The period of extension was agreed to be 6 months, and will commence on 12 May 2019. The agreement document signed by the Parties will now be submitted to the IGAD Council of Ministers.
Ambassador Lt. Gen Njoroge, the Interim Chairperson of the Reconsituted Joint Monitoring and Evaluation Commission (RJMEC), said “The determination of the Parties to continue to work in a spirit of cooperation and consensus was clear, and accordingly the extension was agreed unanimously through compromise. All Parties regard the peace process as the best chance for stability and for ending the suffering of the people of South Sudan.”
He continued: “This is welcome news as it allows the Parties to accelerate the implementation of the pending tasks.”
The Parties reiterated the importance of availing adequate and predictable financial resources to ensure the full implementation of the Agreement.
The RJMEC Interim Chairperson concluded: “The lasting impression from this meeting is that the spirit of cooperation and consensus among the Parties endures. Now it is time to make sure that the pace and effectiveness of implementation is maintained.”
ENDS