The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 7 December urged the the transitional government of national unity to demonstrate commitment to the elections by providing the funding required to hold elections and to the newly reconstituted elections-related institutions (the Political Parties Council, the National Elections Commision and the National Constitutional Review Commission), and the completion of the unification of forces.

Excellencies, 

Ladies and Gentlemen,

10.32 – 16.57 – 10.50

Good morning.

1.   I welcome you to the 33rd meeting of the RJMEC and the last plenary meeting for the year 2023. At the outset, I would like to take this opportunity to congratulate His Excellency the President, Salva Kiir Mayardit, the Revitalised Transitional Government of National Unity (RTGoNU) and the people of South Sudan, for their assumption to the Chairmanship of the East African Community. Such a prominent position places regional and international focus on the country as it prepares for its first democratic elections since independence in December 2024. Indeed, the trust and confidence of the region and international community will be enhanced by the RTGoNU faithfully implementing the Revitalised Agreement on the Resolution to the Conflict in the Republic of South Sudan (R-ARCSS) in letter and spirit.

2.   Last week, I addressed the 7th Governors’ Forum, an influential platform gathering all of South Sudan’s Governors and Chief Administrators which was convened in Juba under the theme “Fostering national cohesion: South Sudan’s path to peaceful transition to democratic governance.” At the Forum, concerns were expressed that most resolutions of the previous Forums were not sufficiently implemented. Accordingly, adherence to the R-ARCSS and the timely and full implementation of the resolutions of this 7th Forum will be of great importance given the urgent need for the completion of the unification of forces, the making of the permanent constitution and the holding of free, fair and credible elections, among other issues identified as priorities in its draft resolutions.

Excellencies, Ladies and Gentlemen, 

3.   My statement this morning will highlight RJMEC’s assessment of the status of implementation of the Revitalised Peace Agreement, identify critical pending tasks to be completed to pave the way for the conduct of elections in accordance with provisions of the Agreement, and conclude with my recommendations to the RTGoNU and Parties to the Agreement to accelerate progress.

4.   Regarding governance, at the start of last month, November 2023, the Political Parties Council (PPC), the National Elections Commission (NEC), and the National Constitutional Review Commission (NCRC) were reconstituted. Since then, the members of the PPC have been sworn in, while the other two are still pending. The centrality of these institutions in the year ahead cannot be overstated, not least in terms of registering, overseeing and regulating activities of political parties, driving forward the permanent constitution-making process, and preparing and conducting elections. Therefore, their timely operationalisation and adequate resourcing is needed to ensure their effective functioning, and will also pave the way towards the expansion and protection of civic and political space. It is important to note that once these bodies are operational, they are required to regularly report to the RJMEC plenary, as per article 7.8 of the Peace Agreement.

5.   In terms of legislative reforms, the reconstituted Transitional National Legislative Assembly (TNLA) has passed the majority of legislation tabled before them. However, the National Security Service Bill, the National Audit Chamber Bill and the Public Finance Management and Accountability Bill are still pending enactment. I urge the TNLA to conclude their deliberations on these bills in a timely manner.

6.   Also pending is the restructuring and reconstitution of the Commissions and Institutions at the national level to ensure their independence and accountability, as provided for under Article 1.19 of the Peace Agreement. These include, among others, the Land Commission, the Fiscal and Financial Allocation Monitoring Commission, and the Anti-Corruption Commission. According to the Roadmap, this was to have been completed in 2022. I would like to remind the Parties to the Agreement of the mandated 35% minimum level of women’s participation in these bodies.

7.   Further, the work of the ad hoc Judicial Reform Committee (JRC), a critical mechanism established to study and recommend appropriate reforms of the judiciary, has largely stalled due to lack of funding. The completion of the JRC’s work is critical to reforming the judiciary, including the establishment of an independent Constitutional Court, review of the Judiciary Act, and the reconstitution of the Judicial Service Commission which will drive forward the judicial reforms. It will also inform the forthcoming constitution-making process. I reiterate my appeal to the RTGoNU and partners to consider supporting the JRC to complete this pending task.

8.   Next, security. In the past few weeks, regrettably, there have been several armed clashes in different parts of the country, including Leer, and Guit, Unity State, and in Warrap State and the Abyei Administrative Area. Tensions have been growing in Unity State, following the defection of Gen Simon Maguek from the SPLA-IO supposedly to the SSPDF. Last week, on 28 November, the defectors reportedly attacked SPLA-IO forces based in the area of Kaygaii, causing the loss of life, civilian displacement, and adding to the climate of fear among the local population. Meanwhile, clashes between the SSPDF and NAS continue to be reported in Central Equatoria.

9.   Military defections are clearly contrary to the Revitalised Agreement, and undermine the implementation of both the Transitional Security Arrangements and the Agreement itself. In the past, the defections of General Ochan in Upper Nile State, General Lokujo in Central Equatoria State, and General Nando in Western Equatoria State, have resulted in the killing of innocent people, civilian displacement, and loss of livelihoods. In the context of the ongoing unification of forces, military defections are evidently counterproductive. I would like to remind the Parties to discourage defections and promote the protection of civilians, as per Articles 2.1.8, and 2.1.10. I would like to hear the status of the security situation from the JDB as well as CTSAMVM. 

10.        Concerning the Transitional Security Arrangements, in November 2023, the first phase of redeployment of the military component of the 55,000 graduated Necessary Unified Forces (NUF) commenced. This is an encouraging development which will contribute to the overall peace and security of the country, and I would like to hear  from the JDB the overall plan for redeplyoment of the NUF and preparations for Phase 2.

11.        An important part of security sector transformation is the strategic security assessment, including the formulation of defence and security policies, conducted by the Strategic Defence and Security Review (SDSR) Board. The defence and security policy documents prepared by the SDSR Board urgently await validation in order to complete this critical undertaking. The completion of the SDSR’s work will greatly contribute to the transformation of the security sector in South Sudan, as per Article 2.5.3, in promoting and defending the sovereignty and dignity of its people. Unfortunately, this important process has been delayed as a result of the non-payment of the national members of the Board. I urge the RTGoNU to consider providing the necessary funding in order to facilitate the finalisation of this process.

12.        Regarding CTSAMVM, I would like to inform you that its longstanding Technical Committee (CTC) challenges are nearing resolution.  The draft CTC Terms of Reference have been reviewed at the joint technical level, and now await endorsement by the CTSAMVM Board early next week. Furthermore, the CTC members are expected to resume their work shortly after the Board meeting. 

Excellencies, Ladies and Gentlemen, 

13.        Concerning humanitarian assistance, against the backdrop of projected decreased funding by the international community, the refugee and returnee influx from Sudan has increased the number of vulnerable people in South Sudan that require assistance, which include populations affected by food insecurity, intercommunal violence and persistent flooding, children at critical risk of malnutrition, and women and girls at risk of gender-based violence. It is therefore imperative for the RGToNU to establish the Special Reconstruction Fund and Board to pave the way for the Pledging Conference, as required by the Agreement. The Fund’s focus on reconstruction and service delivery will help underpin South Sudan’s overall development.

14.        Regarding resource, economic and financial management, progress made in the passage of legislation allowing for reforms to increase transparency and accountability in the economic sector, needs to be accelerated. In particular, the passing of the Anti-Corruption Commission Act in October by the reconstituted TNLA is important, and it now needs to be finalised and operationalised. In this regard, the enactment of both the National Audit Chamber Bill and the Public Finance Management and Accountability Bill will complement the overall process of achieving the transparency and accountability required by the Revitalised Peace Agreement.

15.         Furthermore, it is important to table the National Land Policy before the reconstituted TNLA. Discussions at last week’s Governors’ Forum made clear the significance of managing land-related issues. Once implemented, the Land Policy will serve to promote long-term economic development, manage competing interests over land and land-based resources, and resolve land-related disputes. Similarly, the review and subsequent adoption of the Land Act 2009 is also important as it includes, among others, the establishment of an independent land registry at all levels of government for the issuance of title deeds.

Excellencies, Ladies and Gentlemen, 

16.        On Transitional Justice, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) have now been tabled to the reconstituted TNLA. As South Sudan approaches elections, it is necessary to pay attention to matters of truth, reconciliation and healing. The CTRH and the CRA are vital mechanisms in spearheading the promotion of forgiveness, healing, reconciliation, and sustainable peace in South Sudan. It is therefore crucial that the reconstituted TNLA expedites the enactment of these Bills, and the subsequent establishment of the mechanisms.

17.        The importance of a people-led and people-owned constitution to consolidate the peaceful and democratic aspirations of South Sudan cannot be overemphasised. In this regard, the delay in the operationalisation of the National Constitutional Review Commission, and the Preparatory Sub-Committee for the National Constitutional Conference is concerning. These two institutions will drive forward the making of the permanent constitution, which will guide the conduct of elections at the end of the Transitional Period. 

Excellencies, Ladies and Gentlemen, 

18.        This month next year, elections are scheduled to be held, and yet across all chapters of the Agreement, much more progress in implementation is required. One of the key issues holding up progress is funding to all the Agreement institutions and mechanisms. There is need for the RTGoNU to demonstrate its commitment to the elections by i) providing the funding required to hold elections; ii) providing funding for the newly reconstituted elections-related institutions; and iii) completing the unification of forces. Considering the period remaining before elections in December 2024, it is imperative that the Parties to the Agreement cooperate in a collegial manner and present a unified plan for elections, and avoid unilateral pronouncements that are contrary to the letter and spirit of the Agreement.

19.        As the oversight body mandated by this Agreement, it is important to draw the attention of all Parties, Stakeholders and the people of South Sudan to the key pending tasks for the conduct of elections as per the Agreement and the National Elections Act. These tasks include, among others;

a.   Operationalisation and facilitation of the PPC, NEC, and NCRC;

b.   Making of a permanent constitution in accordance with the Constitution Making Process Act 2022 to guide the conduct of elections;

c.    Amendment of the National Elections Act to conform to the terms of the Permanent Constitution (Article 1.20.6);  

d.   Addressing the challenges of reconstruction, repatriation, resettlement, rehabilitation, and reintegration of IDPs and returnees (Article 1.20.7);

e.    NEC to conduct elections-related activities listed at Article 1.20.8, such as establishment of subsidiary electoral management bodies at state level, the establishment of procedures for the voter registry and registration, and support to civic education and voter outreach;

f.     Publication of the voters register six months prior to the holding of elections (Article 1.20.10); and

g.    Delimitation of constituencies, in accordance with the provisions of the National Elections Act, 2023.

20.        In order to complete the tasks necessary to prepare the country for elections and accelerate progress in implementation, my recommendations to the RTGoNU are as follows:

a)   Provide the necessary funding to operationalise the elections-related reconstituted institutions;

b)   Enact the Bills currently before the reconstituted TNLA;

c)    Take concrete steps to address the insecurity in Unity State, and other areas where defections are causing loss of life and civilian displacement;

d)   communicate the plan for deployment of Phase 1 of the NUF, and proceed with Phase 2 cantonment and training of forces;

e)   establish the Special Reconstruction Fund and Board; and

f)     begin the urgent review of the Land Act.

21.        Finally, I wish you all of you a happy and restful Christmas and New Year, and I thank you for your commitment to the peace process in South Sudan this year. Your continued support, focus and unity of purpose will be crucial in 2024, a particularly consequential year for South Sudan.

22.        I wish you fruitful deliberations. 

I Thank You. 

Communication Office

PRESS RELEASE

(For Immediate Publication)

Wednesday, 29 November, 2023, Juba, South Sudan

RJMEC to Governors’ Forum: With the prospect of elections in 2024, emphasis on peaceful transition and national cohesion welcome

The Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Wednesday 29 November, 2023, addressed the 7th Governors’ Forum in Juba. 

In his statement, Amb. Maj Gen Charles Tai Gituai began by congratulating H.E. President Salva Kiir Mayardit, President of the Republic of South Sudan, the Revitalised Transitional Government of National Unity (RTGoNU) and the people of South Sudan, for recently taking over the Chairmanship of the seven-member State organisation of the East African Community. 

“This responsibility places South Sudan into regional and international focus at this critical period of her political life, as the country gears up for elections,” Amb. Gituai said. 

“Consequently, the approach, speed, commitment, and adherence by the RTGoNU to the implementation of the Revitalised Agreement on the Resolution to the Conflict in the Republic of South Sudan (R-ARCSS), will be very crucial and imperative, in enhancing regional and international trust and confidence of the country and its leadership of the East African Community,” he added. 

In his remarks to the Forum, also attended by the Governors of South Sudan’s States and Administrative Areas, themed “Fostering National Cohesion: South Sudan’s Path to Peaceful Transition for Democratic Governance”, Amb. Gituai emphasised the responsibility of the RTGoNU at national and state levels in ensuring the full and timely implementation of the Revitalised Agreement, adding: 

“It is clear that the prospect of elections is accompanied by optimism and uncertainty among the people of South Sudan, therefore the emphasis on national cohesion is welcome.” The RJMEC Chair further noted that inter-communal violence and activities of some holdout groups continue to be a source of insecurity in several parts of the country.  

“Security matters at the subnational level require collective responsibility and collaboration at all levels of government, especially at this time as the country prepares for elections.”

“State Governments have a critical role to play in providing a conducive environment for the expansion and protection of civic and political space, the making of the permanent constitution, and the conduct of elections,” he said. 

“More broadly, national security would be strengthened by completing the unification of forces, and their deployment across the country to provide election-related security. In that regard, availing funding and political support to DDR programmes is essential, especially for those ineligible for the NUF.”

Highlighting progress made in the implementation of the R-ARCSS, Amb. Gituai noted the reconstitution of the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC) at the start of November. 

“The timely operationalisation and adequate resourcing of these key institutions is needed to ensure their effective functioning, and will also pave the way towards the expansion and protection of civic and political space,” he said.

In his conclusion, Amb. Gituai said: “It is important to underscore the need for continuous dialogue, close collaboration and collegiality at all levels of government in order to strengthen the processes and institutions of governance nationwide. In this way, the levels of social cohesion and public confidence needed to hold free, fair and credible elections can continue to be built.”

-       Your Excellency Gen. Salva Kiir Mayardit, President of the Republic of South Sudan;

-       Your Excellency Dr Riek Machar Teny-Dhurgon, First Vice President of the Republic of South Sudan and Chair of Governance Cluster; 

-       Your Excellency, Dr James Wani Igga, Vice President of the Republic of South Sudan and Chair of Economic Cluster; 

-       Your Excellency, Gen. Taban Deng Gai, Vice President of the Republic of South Sudan and Chair of Infrastructure Cluster;

-       Your Excellency, Hussein Abdelbagi, Vice President of the Republic of South Sudan and Chair of Services Cluster;  

-       Your Excellency, Rebecca Nyandeng De Mabior, Vice President of the Republic of South Sudan and Chair of Youth and Gender Cluster; 

-       The Rt Hon. Jemma Nunu Kumba, Speaker of the Reconstituted TNLA;

-       Honourable Ministers;

-       Your Excellencies Governors, Chief Administrators of the Administrative Areas, and Deputy Governors;

-       Your Excellencies Ambassadors, 

-       Distinguished Ladies and Gentlemen,

Good morning!

1.   It is my great honour to address the 7th Governors’ Forum this morning, in my capacity as the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). At the outset, I would also like to take this opportunity to congratulate His Excellency the President, Salva Kiir Mayardit, the Revitalised Transitional Government of National Unity (RTGoNU) and the people of South Sudan, for taking the additional responsibility of chairing the seven-member State organisation of the East African Community. This responsibility further places South Sudan into regional and international focus at this critical period of her political life, as the country gears up for elections. Consequently, the approach, speed, commitment, and adherence by the RTGoNU on the implementation of the Revitalised Agreement on the Resolution to the Conflict in the Republic of South Sudan (R-ARCSS), will be very crucial and imperative, in enhancing regional and international trust and confidence of the country and its leadership of the East African Community. I would therefore like to once again emphasise the responsibility of the RTGoNU executives at national and state levels to ensure full and timely implementation of the Revitalised Agreement. 

2.   I would like to commend the Ministry of Presidential Affairs and the Office of the President, with support from the UNDP and UNMISS, for continuing to organise this influential event. The key issues that have been set for consideration by this Forum include public finance management, the role of Governors and Chief Administrators in readying South Sudan for elections, and addressing national humanitarian challenges.

3.   This Forum is taking place at a critical time, given that elections are scheduled to take place as per the Roadmap in 13 months from now. Therefore, it is entirely appropriate that the theme of this year’s Governors’ Forum is ‘Fostering National Cohesion: South Sudan’s Path to Peaceful Transition for Democratic Governance.’ It is clear that the prospect of elections is accompanied by optimism and uncertainty among the people of South Sudan, therefore the emphasis on national cohesion is welcome.

4.   The recent steps forward, in the implementation of key Peace Agreement tasks help to allay some of the uncertainty, but this needs to be accompanied by more progress. Accordingly, I believe it is important to recall last year’s theme, which was: ‘Accelerating the implementation of the Revitalized Peace Agreement in accordance with the Roadmap 2022.’ Clearly, even today, acceleration of implementation of the Revitalised Peace Agreement is still needed. This is evidenced by the fact that there is slow progress in the implementation of the Agreement since the last Governors’ Forum. 

5.   My statement this morning, as per the mandate of RJMEC, will provide a chapter-by-chapter update on the status of implementation of the Revitalised Peace Agreement. I will also highlight key pending tasks, recurring challenges, and conclude with some reflections.  

Excellencies,

6.   Regarding the status of implementation of the Revitalised Agreement, concerning governance, since the last Governors’ Forum, the reconstituted Transitional National Legislative Assembly (TNLA) has passed several amendment bills, including: the National Revenue Authority, the Anti-Corruption Commission, the Banking, and the Bank of South Sudan, which now await Presidential assent. Furthermore, the National Elections Act and the Constitution-making Process Act were enacted, both critical pieces of legislation for the conduct of elections, as per the Peace Agreement. However, the National Security Services Bill, the National Audit Chamber Bill and the Public Finance Management and Accountability Bill are awaiting enactment by the reconstituted TNLA.

7.   At the start of this month, November 2023, the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC) were reconstituted. These institutions are mandated, among others, to register, oversee and regulate activities of political parties; drive forward the permanent constitution-making process; and prepare and conduct elections respectively. The timely operationalisation and adequate resourcing of these key institutions is needed to ensure their effective functioning, and will also pave the way towards the expansion and protection of civic and political space. 

8.   The restructuring and reconstitution of the Institutions and Commissions at the national level, such as the Land Commission, the Independent Fiscal and Financial Allocation Monitoring Commission, and the Anti-Corruption Commission, among others, which were to have been completed in 2022, according to the Roadmap, are still pending. 

9.   Furthermore, the Agreement provides for judicial reforms in the Republic of South Sudan during the Transitional Period. Pursuant to this requirement, the ad hoc Judicial Reform Committee (JRC) was established to study and recommend appropriate reforms of the judiciary. Since its establishment in June 2022, the Committee made some strides towards its mandate. It held consultations in the Greater Upper Nile, Greater Bahr el Ghazal and Greater Equatoria regions, as well as in the Greater Pibor Administrative Area. Recently, its work stalled due to funding constraints for its leadership. Completion of this Committee’s work will inform the next steps in the reforms of the judiciary and is directly linked to, among others, review of the Judiciary Act, reconstitution of the Judicial Service Commission, and the establishment of an independent Constitutional Court.

10. In terms of security, the Permanent Ceasefire largely holds despite sporadic skirmishes. On 15 November 2023, the first phase of redeployment of the military component of the 55,000  graduated Necessary Unified Forces (NUF) commenced.  The Revitalized Transitional Government of National Unity (RTGoNU) is encouraged to continue and complete this process. Training and subsequent redeployment of Phase 2 of the unified forces is yet to commence, though its completion would significantly contribute to the peace and security of the country before, during and after elections. 

11. Furthermore, the Strategic Defence and Security Review Board completed the drafting of the security policy documents, which await validation. The completion of this comprehensive security assessment, including the formulation of defence and security policies, is a critical requirement which will lead to security sector transformation, thus promoting and defending the sovereignty and dignity of South Sudan and its people. Similarly, there are concerns that the Disarmament, Demobilisation and Reintegration (DDR) has not been seriously addressed or resourced. This is an important process for peace and security, as it ensures that those who are ineligible for the unification are managed and enabled to return to civilian life through DDR programmes. 

12. The Ceasefire and Transitional Security Arrangement Monitoring and Verification Mechanism (CTSAMVM), continues to work, albeit with operational challenges arising from funding and administrative issues. These challenges notwithstanding, CTSAMVM has produced nine violation reports since May 2023. The reports have not been published because the CTSAMVM Technical Committee (CTC) and the Board have not met since then. The issue of the Technical Committee is being handled by  the Principals of the Parties

13. On the other hand, intercommunal violence and activities of some holdout groups continue to be a source of insecurity in several parts of the country.  Security matters at the subnational level require collective responsibility and collaboration at all levels of government, especially at this time as the country prepares for elections.  

Excellencies,

14. The humanitarian situation remains dire, and continues to worsen due to widespread flooding, high levels of food insecurity, and the influx of those fleeing the conflict in Sudan. Meanwhile, international humanitarian support is reducing. Consequently, to meet some of these challenges, the Agreement provides for the establishment of the Special Reconstruction Fund and Board. Upon its establishment, the RTGoNU is expected to provide the Fund with USD 100 million per annum. This Fund would help address humanitarian needs in South Sudan, with priorities given to conflict affected states and areas, including the protection of IDPs, returnees and families affected by the conflict. 

15. Regarding resource, economic and financial management, overall, public financial reforms have been slow. Nevertheless, the Public Finance Management (PFM) Oversight Committee continues to ensure the implementation of a medium-term economic and financial management reform programme. For example, the reforms have resulted in improved transparency in reporting on oil and non-oil revenue, and meanwhile, the setting up of a Single Treasury Account is underway. 

16. Considering that this Governors’ Forum has expressed a focus on public finance management, it is worth highlighting some key areas that are  in need of greater attention and progress, These include:

a)   completion of the audits designed to enhance the transparent management of the petroleum resources, such as the cost recovery audit and environment audit;

b)   completion of the audit of the RTGoNU’s Financial Statements from 2011, and the banking laws to be assented to by the President;

c)    review of the independent Fiscal and Financial Allocation Monitoring Commission and the terms of increment and formulae for the sharing of natural resource wealth amongst states and communities, and devolution of powers and resources;

d)   closing any Petroleum revenue accounts other than those approved by law;

e)   finalisation of the relevant legislation and operationalisation of the National Audit Chamber and the Anti-Corruption Commission.

Excellencies,

17. On Transitional Justice, following public consultations, study tours to The Gambia and South Africa and an international conference held in Juba, the bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) were drafted, endorsed by the Council of Ministers, and now await tabling before the reconstituted TNLA. In view of this Forum’s theme on social cohesion, the timely establishment of these two bodies should be given the utmost priority. As for the Hybrid Court for South Sudan (HCSS), no progress has been made thus far towards its establishment.

18. The Permanent Constitution is a critical requirement for the conduct of elections in accordance with the Agreement. The people-led and people-owned constititution is also expected to initiate a federal and democratic system of government. In this regard, the recent appointment of members to the reconstituted National Constitutional Review Commission is a welcome development. However, much work lies ahead of the Commission in making the new constitution, including the recruitment of the Constitution Drafting Committee (CDC), the conduct of civic education, and public consultations. In addition, the establishment of the Preparatory Sub-Committee (PSC) for the convening of the National Constitutional Conference, which will deliberate and adopt the new constitution, is still pending. 

Excellencies,

19. In spite of the progress mentioned, challenges continue to slow down the implementation of the Peace Agreement. They include, among others, inadequate funding to the Agreement Institutions and Mechanisms; trust deficit among the Parties; capacity gaps; inter-communal violence; insecurity caused by military defections and activities of holdout groups; severe flooding; influx of returnees and refugees fleeing Sudan; and reduced international funding. 

20. In light of the aforestated, I would like to conclude with the following reflections on the theme of this Forum.

a)   community security and social cohesion are two vital elements of preparations for elections and South Sudan’s peaceful transition. Therefore, initiatives aimed at addressing the root causes of intercommunal violence are important.

b)   State Governments have a critical role to play in providing a conducive environment for the expansion and protection of civic and political space, the making of the permanent constitution, and the conduct of elections. 

c)    more broadly, national security would be strengthened by completing the unification of forces, and their deployment across the country to provide election-related security. In that regard, availing funding and political support to DDR programmes is essential, especially for those ineligible for the NUF.

d)    it is clear that some states have been disproportionately affected by the growing humanitarian crisis, and in this regard, RJMEC continues to call for the establishment of the Special Reconstruction Fund and Board, and the convening of the Pledging Conference. This would raise funds to help South Sudan respond to the humanitarian challenges faced.

e)   concerning natural resource management, it is important to ensure the final endorsement of the 2023 Land Policy, review the Land Act, and establish an independent land registry at all levels of government for the issuance of title deeds.

f)    the establishment and operationalisation of the Commission of Truth, Reconciliation and Healing and the Compensation and Reparation Authority will build public confidence, promote reconciliation and set in motion the process of healing and strengthening social cohesion. 

g)   a people-led and people-owned constitution is critical in pursuing the path to peaceful transition to democratic governance, and in this regard, the importance of expediting the constitution-making process cannot be overemphasised. 

h)   the centrality of social cohesion with gender perspective is key to reducing inequalities. Therefore, it is critical to ensure the participation of women in all political processes ahead; and in accordance to the Agreement-mandated minimum threshold level of 35%. Equally important is as well as giving deliberate due consideration to the Youth and People Living with Disabilities. 

Excellencies,

21. In conclusion, it is expected that this high-level Governors’ Forum will deliberate and agree on concrete practical steps to address the challenges slowing down the implementation of the Revitalised Agreement as aforementioned. It is important to underscore the need for continuous dialogue, close collaboration and collegiality at all levels of government in order to strengthen the processes and institutions of governance nationwide.

22.  In this way, the levels of social cohesion and public confidence needed to hold free, fair and credible elections can continue to be built. Thus, delivering on the promises of the Revitalised Peace Agreement to the people of South Sudan and ‘to lay the foundation for a united, peaceful and prosperous society, based on justice, equality, respect for human rights and rule of law.’

I Thank You.  

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 16 November 2023, Addis Ababa, Ethiopia

RJMEC ADDRESSES AFRICAN UNION PEACE AND SECURITY COUNCIL: CALLS FOR A DELIBERATE FOCUS ON SOUTH SUDAN AND SUPPORT FOR INSTITUTIONS NECESSARY FOR ELECTIONS

Today, 16 November 2023, the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), Amb. Maj Gen (rtd) Charles Tai Gituai, addressed the African Union Peace and Security Council in Addis Ababa, Ethiopia.

Amb. Gituai informed the Council: “South Sudan is scheduled to hold its first democratic elections in December 2024 since attaining independence in 2011. This promise comes with a lot of expectations and anxiety.”

He continued: “Two critical pre-conditions are still pending. Firstly, the Revitalised Agreement provides for elections to be conducted under a people-led and people-owned Permanent Constitution, which shall initiate a federal and democratic system of government at the end of the Transitional Period. Secondly, the unification of the forces should have been completed and the forces redeployed to provide elections-related security, among others. The unification of forces faces serious challenges, and yet, it is the most consequential for stability and enduring peace.”

The RJMEC Chairperson further noted the recent reconstitution of the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC), stating: “These institutions will require significant resources and capacity to deliver on their mandates.  In that regard, their effectiveness will pave the way towards registering, overseeing, and regulating activities of political parties, widening of civic and political space, the making of the permanent constitution and for the conduct of elections as scheduled”.

The RJMEC Chairperson added: “without predictable and adequate funding towards the implementation of the Agreement, including the Necessary Unified Forces and the recently reconstituted institutions, we express the concern that South Sudan might have a challenge in meeting the implementation schedule of the R-ARCSS, and this could seriously jeopardise the holding of elections in December 2024.”

In that regard, Amb. Gituai requested the Council to “appeal to the AU members and the AU C5, as guarantors of the Revitalised Peace Agreement, to enhance their political engagements with the Parties and the RTGoNU, to prevail and encourage them to complete implementation of the critical pending tasks, especially the unification of forces and the making of the permanent constitution so that South Sudan can have a smooth transition to a democratic dispensation”.

Furthermore, he underscored the critical role the Council and other international partners can play, adding “there is an urgent need for this Council, IGAD and the international partners to deliberately focus their attention and proactively play their roles to ensure South Sudan successfully transits to a democratic dispensation.”

The RJMEC Chairperson concluded by appealing to the Council to continue standing firm in solidarity with the people of South Sudan.

x

STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC ON STATUS OF IMPLEMENTATION OF THE R-ARCSS DELIVERED TO THE AFRICAN UNION PEACE AND SECURITY COUNCIL

NOVEMBER 16, 2023

ADDIS ABABA, ETHIOPIA

-    Chairperson of the AU Peace and Security Council,

-    Commissioner for the AU Political Affairs, Peace and Security,

-    Distinguished Permanent Representatives,

-    Your Excellencies,

-    Ladies and Gentlemen,

Your Excellency,

1.    I am honoured to once again address this august Council as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), consistent with my institution’s mandate to submit reports and provide regular briefings on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This report builds on the one delivered by RJMEC to the 1123rd Session of the AU PSC on 30 November 2022.

2.    In September 2023, South Sudan marked five years since the signing of the Revitalised Peace Agreement. South Sudan has thus enjoyed the longest period of relative peace and stability since her independence. However, as previously reported, the slow pace of implementation of the Revitalised Peace Agreement necessitated a 24-month extension. This was to enable the completion of unification of forces, the making of the permanent constitution and to prepare for the conduct of credible, free and fair elections in December 2024.

3.    A more detailed report has been submitted to this Council. I will therefore only highlight a summary of the recent developments, current challenges impeding progress, and conclude with my recommendations to this Council.

Your Excellency,

4.    In November 2023, the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC) were reconstituted. These institutions will require significant resources and capacity to deliver on their mandates.  In that regard, their effectiveness will pave the way towards registering, overseeing and regulating activities of political parties, widening of civic and political space, the making of the permanent constitution and for the conduct of elections as scheduled.

5.    The Permanent Ceasefire continues to hold despite sporadic skirmishes. On 15th November 2023, the first phase of deployment of the 55,000  graduated Necessary Unified Forces (NUF) commenced. This is a welcome development and the Revitalized Transitional Government of National Unity (RTGoNU) is encouraged to complete the deployment. However, training of Phase 2 of the unified forces and DDR process are yet to commence.

6.    The completion of this process would immensely contribute to peace and security in the country before, during and after elections. Furthermore, the drafting of the Strategic Defence and Security Review documents has been completed and is awaiting validation. 

7.    On Transitional Justice, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) are to be submitted to Parliament. However, the establishment of the Hybrid Court for South Sudan has not progressed.

Your Excellency,

8.    There are several challenges facing the implementation of the Agreement. They include, among others,  lack of adequate funding to the Agreement Institutions and Mechanisms; insufficient political will, trust deficit among the Parties, capacity gaps, persistent levels of intercommunal violence, insecurity caused by holdout groups, severe flooding, IDP challenges and influx of returnees and refugees, including those fleeing the conflict in Sudan. In order for South Sudan to be able to complete implementation of the pending tasks and to hold elections as scheduled, there is an urgent need to address these challenges.

9.    In light of the aforementioned, I would like to request this Council to appeal to the AU, and the AU C5, as guarantors of the Revitalised Peace Agreement, to enhance their political engagements with the Parties and the RTGoNU, and encourage them to complete implementation of the critical pending tasks, especially the unification of forces and the making of the permanent constitution.  

10.    Similarly, I encourage this Council to conduct more solidarity visits to South Sudan with a view to continue engaging the Parties and assessing elections-preparedness especially at this time when the country is preparing for its first democratic elections since its independence. 

11.    As I conclude, I would like to underscore that the next 13 months will be an important period for the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan.  In that regard, I would like to emphasise that there is an urgent need for this council, IGAD and the international partners to deliberately focus their attention and proactively play their roles to ensure South Sudan successfully transits to a democratic dispensation.

12.    Therefore, in a world of competing priorities, I appeal to the Council to remain seized on the South Sudan peace process and continue to stand firm in solidarity with the people of South Sudan.

I Thank You.

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 9 November 2023, Juba, South Sudan

RJMEC MEETS IN JUBA: WELCOMES RECONSTITUTION OF KEY BODIES, EXPRESSES CONCERN ON UNIFICATION OF FORCES

Today, 9 November 2023, the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), Amb. Maj Gen Charles Tai Gituai, addressed a meeting of the RJMEC members: “Today we meet at a more hopeful moment with the recent appointment of members to reconstitute the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC). The reconstitution of these institutions is a welcome development and I commend the Parties to the Agreement for this milestone,” he said.

Regarding these institutions, Amb. Gituai explained: “Their effective functioning will pave the way towards the widening of civic and political space, the completion of the permanent constitution, as well as the timely conduct of elections.” As such, he said, “focus should now shift to operationalisation and adequate resourcing to ensure the delivery of their mandates.”

Noting that the reconstituted Political Parties Council attained 50% women’s representation, the Chair added: “However, women’s representation in the reconstituted National Constitutional Review Commission is 33%, and in the reconstituted National Elections Commission, it is 22%. RJMEC reiterates its appeal to the Parties to always adhere to the 35% minimum representation of women in various institutions and bodies of the R-ARCSS.”

On a different note, the RJMEC Chair highlighted concerns regarding the unification of forces, a task which, he said, “faces the biggest challenges, and yet, it is the most consequential for the stability and enduring peace of South Sudan.

Amb. Gituai continued: “For almost four years, troops have languished in the cantonment sites and training centres with very little support, and while the upper command echelon of the NUF is unified, the mid and lower levels are not.”

The RJMEC Chair stressed the point that “without the completion of unification of forces and bringing these forces under one commander-in-chief, achieving a secure environment for the holding of elections will be a huge challenge.” Therefore, he added, “there is no justification for the further delay of this process, or the defection of forces from one party to the other, which continues to be reported.”

Noting that the recurring problem of lack of funding of the Agreement institutions and mechanisms, causing them severe operational difficulties, he appealed to the RTGoNU to fully fund the unification of forces and to support the efforts of the Security Mechanisms who are working to bring the process to its conclusion. He said: “If this lack of support continues, then the transitional security arrangements, especially the much-delayed unification of forces, will further slowdown.”

Although this RJMEC meeting did not reach quorum and cannot be classed as the 33rd RJMEC Plenary, it nonetheless progressed with the statements and detailed briefings by different Agreement institutions and mechanisms on the status of the implementation of the Agreement and subsequent vibrant discussions. The 33rd RJMEC Plenary is accordingly rescheduled to 7 December 2023.

STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC TO THE 33RD RJMEC MONTHLY MEETING

Although this RJMEC meeting did not reach quorum and cannot be classed as the 33rd RJMEC Plenary, it nonetheless progressed with the statements and detailed briefings by different Agreement institutions and mechanisms on the status of the implementation of the Agreement and subsequent discussions. The 33rd RJMEC Plenary is accordingly rescheduled to 7 December 2023.

THURSDAY, 9 NOVEMBER 2023

JUBA, SOUTH SUDAN

Honourable Ministers,

Excellencies,

Ladies and Gentlemen,

Good morning.

1.    I welcome you to the 33rd meeting of the RJMEC. During the last meeting, we stressed the point that the lack of progress and clarity on elections preparedness, constitution-making, and unification of forces, each of which is a critical pre-condition for smooth and successful elections, was creating uncertainty.

2.    Today we meet at a more hopeful moment in this regard with the recent appointment of members to reconstitute the Political Parties Council (PPC), the National Constitutional Review Commission (NCRC) and the National Elections Commission (NEC). The reconstitution of these institutions is a welcome development and I commend the Parties to the Agreement for this milestone.

3.    My statement this morning will highlight the importance of these recent developments, identify critical pending tasks and recommend urgent actions to accelerate progress in implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

Excellencies, Ladies and Gentlemen,

4.    On the reconstitution of the aforementioned institutions, much is expected of them. I would therefore like to highlight some aspects of their critical roles regarding South Sudan’s democratic transition. In particular, the PPC is mandated to register, monitor, and regulate the activities of the political parties, the NCRC will drive forward the permanent constitution making process, and the NEC will undertake preparations for the conduct of elections. In this regard, their effective functioning will pave the way towards the widening of civic and political space, the completion of the permanent constitution, as well as the timely conduct of elections.

5.    Our preliminary analysis of the appointees to these institutions reveals that overall, the reconstituted Political Parties Council attained 50% women representation. However, women’s representation in the reconstituted National Constitutional Review Commission is 33%, and in the reconstituted National Elections Commission, it is 22%. RJMEC reiterates its appeal to the Parties to always adhere to the 35% minimum representation of women in various institutions and bodies of the R-ARCSS.

6.    Notwithstanding the percentage shortfall, these institutions urgently require effective facilitation and support to enable them to discharge their mandates. In that regard, I appeal to the Revitalised Transitional Government of National Unity (RTGoNU) to provide the necessary resources to these institutions, and the regional and international partners to consider supporting their work. It is important to note that once these bodies are operational, they are required to regularly report to the RJMEC plenary, as per article 7.8 of the Peace Agreement.

7.    Regarding legislative reforms, there has been some progress in the review and amendment of laws such as the Investment Promotion Act. The National Constitutional Amendment Committee (NCAC) will provide this meeting with details on the progress it has made since our last plenary.

8.    Regarding the status of previously completed amendment laws, it is our understanding that four draft Amendment Bills (namely, the NGO, the Public Financial Management and Accountability, the Petroleum, and the Petroleum Revenue Management bills) are still with the Council of Ministers. The National Security Services Act (Amendment) Bill, and the National Audit Chamber Act (Amendment) Bill are before the reconstituted Transitional National Legislative Assembly (TNLA). The delayed enactment of the National Security Services Act (Amendment) Bill is concerning, having been the subject of broad consultation and agreement by the Principals of the Parties in March 2023. I therefore urge that the reconstituted TNLA expedite its enactment.

9.    As was reported in the last plenary, the work of the Judicial Reform Committee (JRC) has largely stalled. We appeal to the RTGoNU and partners to support the JRC leadership to resume work and complete its important mandate including recommending appropriate judicial reforms, review of the Judiciary Act, reconstitution of the Judicial Service Commission, and establishment of a Constitutional Court.

10.    Next, security. The Permanent Ceasefire continues to hold, but recently, CTSAMVM has reported tensions in Upper Nile State, reportedly due to the movement of General Johnson Olony’s Agwelek forces towards SPLA-IO areas in Tonga, Upper Nile State. There are also tensions in Leer County, Unity State, following the defection of an SPLA-IO General Simon Maguek to the SSPDF. In Central Equatoria, clashes between the SSPDF and NAS continued to be reported. I would like to hear the status of the security situation from CTSAMVM as well as the JDB.

11.     On the Transitional Security Arrangements, there is little progress to mention, although recent reports have suggested movement of the graduated Necessary Unified Forces (NUF) from Training Centres in Panyier, Torit, and Maridi to Luri in preparation for deployment. As a result of the delay in the deployment of Phase I NUF, Phase II training has not yet commenced. It is understood that among the graduated NUF in the training centres, salaries are being paid only to the ITGoNU component of the unified forces. I would like to emphasise the importance of addressing the welfare of all unified forces who are now graduated and awaiting deployment in order to boost their morale and maintain unity of purpose.

12.    It is important to stress that without the completion of unification of forces and bringing these forces under one commander-in-chief, achieving a secure environment for the holding of elections will be a huge challenge. Furthermore, there is no justification for the further delay of this process, or the defection of forces from one party to the other, which continues to be reported. I appeal to the RTGoNU to fully fund the unification of forces and to support the efforts of the Security Mechanisms who are working to bring the process to its conclusion.

13.    On the Strategic Defence and Security Review (SDSR) process, I am aware that all the draft documents are ready for validation by the Board, and I would like to encourage the SDSR Board to expedite and finalise the SDSR process.

14.    On CTSAMVM, the Mechanism continues to discharge its mandate despite insufficient funding and challenges with its Technical Committee (CTC). The matter of the CTC has been forwarded to the Principals of the Parties to resolve. As we move towards elections, it is self-evident that the work of CTSAMVM is even more crucial, as its impartial reporting, contributed to by representatives of all the Parties, will build more trust and confidence in the ceasefire and transitional security arrangements. I reiterate my appeal to the Principals to urgently resolve this matter.

Excellencies, Ladies and Gentlemen,

15.    Progress regarding humanitarian assistance and reconstruction is important in the run up to elections, not least in terms of guaranteeing the rights of returnees and refugees and to return in safety and dignity. Further, with the increasing numbers of returnees and refugees from Sudan, the provision of humanitarian assistance at the points of return, and the securing of humanitarian access and establishing safe humanitarian corridors, is critical.  In this regard, a key task not completed is the establishment of the Special Reconstruction Fund and Board, which should have been done 14 months ago according to the Roadmap.

16.    In terms of resource, economic and financial management, while some progress has been made with regards to the passage of legislation for reforms to increase transparency and accountability in the economic sector, much more is needed. In particular, it is important to finalise and operationalise the Anti-Corruption Commission Act 2009 (Amendment) Bill 2023, passed last month by the reconstituted TNLA. Furthermore, I urge the passage of the National Audit Chamber Act (Amendment) Bill, as it complements the process of achieving the transparency and accountability aspired to in the R-ARCSS.

17.    Furthermore, the recent approval by the Council of Ministers of the National Land Policy is a step forward, which will subsequently be tabled before the reconstituted TNLA. Once implemented, the Land Policy will serve as the foundation for the establishment of sector policies to promote long-term economic development, manage competing interests over land and land-based resources, and resolve land-related disputes. Similarly, the review of the Land Act 2008 will also play a positive role towards the management of land tenure, land use and management, and also help address malpractices such as land grabbing.

Excellencies, Ladies and Gentlemen,

18.    On Transitional Justice, the Bills on the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) were approved by the Council of Ministers on 6 October 2023 and are awaiting submission to the reconstituted TNLA. I look forward to receiving an update from the RTGoNU on the status of these bills.

19.    In terms of the permanent constitution making process, considering the short time left and the fact that the provisions of the Permanent Constitution will determine the types of elections to be held, it is important for the members to work swiftly and dilgently. In this regard, I appeal for the timely establishment of the Preparatory Sub-Committee for the National Constitutional Conference and the recruitment of the Constitutional Drafting Committee to enable concurrent activities, including civic education and public consultations.

Excellencies, Ladies and Gentlemen,

20.    When considering the overall implementation of the Agreement, the unification of forces faces the biggest challenges, and yet, it is the most consequential for the stability and enduring peace of South Sudan. For almost four years, troops have languished in the cantonment sites and training centres with very little support, and while the upper command echelon of the NUF is unified, the mid and lower levels are not. Further, failure to complete the unification of forces can adversely impact preparations towards elections.

21.    I would like to highlight that there is a recurring problem of lack of funding of the Agreement institutions and mechanisms, which is causing them severe operational difficulties. Regarding the security mechanisms, members of the JDB, JMCC, JTSC, SDSR Board and the DDR Commission are all reporting working under difficult circumstances owing to the lack of funding for activities and allowances. If this lack of support continues, then the transitional security arrangements, especially the much-delayed unification of forces, will further slow down, making elections-related security much harder to achieve.   

22.    Furthermore, the non-payment of accumulated allowances of the national members of the NCAC is likely to jeopardise the completion of their work. The work of the JRC has largely stalled due to lack of facilitation of its leadership. In light of the criticality of tasks ahead and limited time left before elections, it is imperative to fund these Mechanisms to complete their work as scheduled. I therefore appeal to the RTGoNU and all partners and Friends of South Sudan to provide the necessary funding and resources.

Excellencies, Ladies and Gentlemen,

23.    In light of the aforementioned, I would like to make the following recommendations to the RTGoNU:

a)    adequately resource the reconstituted Political Parties Council, the reconstituted National Constitutional Review Commission, and the reconstituted National Elections Commission to effectively discharge their mandates;

b)    finalise the passage of the National Security Services Act 2014 (Amendment) Bill 2023 and the National Audit Chamber Act 2011 (Amendment) Bill 2022 currently with the reconstituted TNLA;

c)    complete the unification and redeployment of forces;

d)    establish the Special Reconstruction Fund and Board;

e)    expedite the review of the Land Act 2008, in support of South Sudan’s development agenda; and

f)    submit the CTRH and CRA Bills to the reconstituted TNLA.

24.    In conclusion, I would like to emphasise that the reconstitution of the three institutions is a positive step, and focus should now shift to operationalisation and adequate resourcing to ensure the delivery of their mandates. Further, it is imperative to complete the unification of forces as an integral part of the preparations for elections, thereby effecting a smooth democratic transition as envisaged in the Revitalised Peace Agreement.

25.    I wish you fruitful deliberations.

I Thank You.

OPENING REMARKS BY AMBASSADOR BERHANU KEBEDE, RJMEC CHIEF OF STAFF, DELIVERED AT THE THIRD STAKEHOLDERS’ HIGH-LEVEL MEETING ON ENVIRONMENTAL RELATED ISSUED IN THE OIL PRODUCING AREAS AND THE STATUS OF IMPLEMENTATION OF THE 5% SHARE OF NET OIL REVENUES FOR OIL PRODUCING STATES AND COMMUNITIES 24-26 OCTOBER 2023

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 5 October, 2023, convened its 32nd monthly meeting in Juba.

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 5 October, 2023, Juba, South Sudan

LACK OF SUFFICIENT PROGRESS, CLARITY ON ELECTION PREPAREDNESS IS CREATING UNCERTAINTY

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday 5 October, 2023, convened its 32nd monthly meeting in Juba.

In his opening remarks at the meeting, RJMEC Interim Chairperson Maj. Gen. Amb. Charles Tai Gituai said that in the five years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed in 2018, “the Parties to the R-ARCSS have stayed the course of peace.”

However, with 14 months until the elections, Amb. Gituai said, “a lot of work still remains to be done to complete the critical pending tasks necessary to effect South Sudan’s democratic transition”, and continued,“it is imperative for the Revitalised Transitional Government of National Unity (RTGoNU) to provide to the people of South Sudan clarity on election preparedness.” 

The RJMEC Chairperson underlined that, “The lack of sufficient progress and clarity on elections-preparedness, constitution-making, or unification of forces, each of which is a critical pre-condition for smooth and successful elections, is creating uncertainty.”

Furthermore, the Interim Chairperson emphasised the need to conduct civic education, fast-track the permanent constitution-making process and promote political and civic space to allow citizens to exercise their democratic rights. As such, Amb. Gituai said, “it is incumbent on the country’s leadership to consolidate the peace dividends to all its diverse communities through a democratic transition.” 

Amb. Gituai noted the passage of National Elections Act 2012 (Amendment) Bill 2023 by the reconstituted Transitional National Legislative Assembly (TNLA), and its subsequent assent by the President, calling it a “an important step in realising the democratic aspirations of the people of South Sudan.”

In his recommendations to the meeting, he called on the Parties to the Agreement to dialogue among themselves and agree on the practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections, and ensure that women’s representation in the political process attains the minimum 35% threshold, including in the Constitution-making bodies and the other institutions and commissions being reconstituted.

He also called for completion of the unification and redeployment of forces and further urged the RTGoNU to provide adequate resources to the Security Mechanisms.

While updating the participants on his recent diplomatic engagements with the international community, Amb. Gituai said, it is “evident that there is much goodwill to support South Sudan in the pursuit of sustainable peace and development.”

“Therefore, expectations are that the Parties will adhere to the Agreement, increase the pace of implementation and demonstrate tangible progress in the completion of the critical pending tasks.”

ENDS

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   I welcome you to the 32nd meeting of the RJMEC. On 12 September 2023, South Sudan marked exactly five years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed. The relative peace brought about by the R-ARCSS is a commendable achievement for which the people of South Sudan and the Parties to the Agreement are to be congratulated. The resulting stability has provided a more attractive enabling environment for investment, and increased infrastructural development, among others.

2.   Despite numerous challenges along the way, the Parties to the R-ARCSS have stayed the course of peace. However, a lot of work still remains to be done to complete the critical pending tasks necessary to effect South Sudan’s democratic transition. With 14 months left before elections, it is imperative for the Revitalised Transitional Government of National Unity (RTGoNU) to provide to the people of South Sudan clarity on election preparedness. 

3.   My statement this morning will provide updates on the most recent progress made in the implementation of the Revitalised Peace Agreement since our last meeting, RJMEC efforts to rally support for the South Sudan peace process, and I will conclude with recommendations.

Excellencies, Ladies, and Gentlemen,

4.   First, governance. Overall, there has been some progress related to legislative reforms. The NCAC resumed its work at the beginning of September following its second six-month extension to enable the review and amendment of six pending laws.

Since the resumption of its work, the Committee has completed drafting amendments to the NGO Act 2016 and the Relief and Rehabilitation Act 2016 and has begun work on the Investment Promotion Act 2009. The NCAC will provide further details in its report.

5.   On 18 September 2023, the reconstituted Transitional National Legislative Assembly (TNLA) passed the National Elections Act 2012 (Amendment) Bill 2023, which was then assented to by H.E. the President. The enactment of this law is an important step in realising the democratic aspirations of the people of South Sudan. RJMEC urges the Parties to expedite the reconstitution of the National Elections Commission (NEC), and the RTGoNU to resource it adequately, to enable it undertake its tasks accordingly.

6.   On 25 September 2023, the reconstituted TNLA also passed the Bank of South Sudan Act 2011, (Amendment) Bill 2023 and the Banking Act, 2011 (Amendment) Bill 2023. On 4 October 2023 the reconstituted TNLA also passed the Anti-Corruption Commission Act 2009, (Amendment) Bill 2023. The recently passed bills are now awaiting Presidential assent into law.

7.      In terms of the judicial reforms process, the ad hoc Judicial Reform Committee (JRC) has unfortunately not been able to continue its planned public consultations in the States and Administrative Areas due to funding challenges. The JRC will provide us with more update in this regard. I appeal to the RTGoNU and all partners to consider supporting the JRC to continue its work and conclude its important mandate.

8.      Regarding security, on the unification of forces, despite food and other supplies having been procured and distributed to the Training Centres, as well as the deployment of regional assessment teams by the JTSC, there is no new progress to report regarding the redeployment of Phase I Necessary Unified Forces (NUF), nor the commencement of Phase II NUF training.

9.      Furthermore, the Disarmament, Demobilisation and Reintegration (DDR) process has not progressed due to the lack of funding, and the Strategic Defence and Security Review (SDSR) Board has not yet finalised the policy documents needed to guide the transformation of the security sector. I would like to hear an update from the RTGoNU and the SDSR Board on these pending tasks.

10.  Concerning ceasefire violations, there are skirmishes allegedly between the SSPDF and armed youth in Pochalla, Pibor Administrative Area, and further reports of National Salvation Front (NAS) attacks in Central Equatoria. I therefore request an update on the security situation from the Joint Defence Board (JDB).

11.  Despite CTSAMVM’s operational and administrative challenges, as reported at the last Plenary, its Monitoring and Verification Teams and Senior Liaison Officers have been operating effectively and have produced seven violation reports since April 2023. However, these reports have not been published because the CTSAMVM Technical Committee (CTC) and the Board have not met since then. These outstanding reports include one on the Wunkur incident, concerning armed clashes between SSPDF and SPLM/A-IO along the common border between Panyikang County, Upper Nile State and Ruweng Administrative Area (RAA).

12.  In regard to resolving CTSAMVM’s operational and administrative challenges, IGAD has issued revised Terms of Reference for the CTSAMVM Chair and Board, and draft Terms of Reference for the CTC. RJMEC forwarded them to the Principals of the Parties, and the Chair of NTC, in the month of July, to effect the changes accordingly. I therefore appeal to the Principals to expedite the changes in the Terms of Reference and solve the matter of the CTC, as this would allow CTSAMVM to fully discharge its mandate of monitoring and verifying compliance of the Parties to the Permanent Ceasefire.

Excellencies, Ladies, and Gentlemen,

13.  Regarding humanitarian affairs, and securing humanitarian access and establishing safe humanitarian corridors, it is concerning to hear of the loss of life of two drivers working for UNICEF in Yei, Central Equatoria State, on 23 September 2023. This brings the total to 24 humanitarian workers who have lost their lives in the line of duty this year, according to UNOCHA. It is incumbent upon the RTGoNU to provide a safe and secure environment in which humanitarian assistance can be delivered. 

14.  In terms of guaranteeing the rights of refugees and returnees to return in safety and dignity, the increasing scale of humanitarian need, which has been deepened by the sudden influx of those fleeing the Sudan conflict, has resulted in an increasingly dire humanitarian situation in the border states. I therefore appeal to the RTGoNU and partners to provide further humanitarian assistance.    

15.  In terms of reforming the NGO Act 2016 to ensure that it complies with international best practice in regulating the activities of NGOs in South Sudan, it is welcome that the NGO Act Amendment Bill has been submitted to the Minister of Justice and Constitutional Affairs.

16.  Regarding economic, resource and financial management reforms, the RTGoNU recently presented data on oil revenue and expenditure for FY 2022/23 to the Public Financial Management Oversight Committee, which is a welcome development. Additionally, operationalisation of the Public Financial Management and Accountability Act, 2011 will make further improvements to overall transparency and accountability in the financial sector. 

17.  Further, I would like to commend the RTGoNU for organising the National Economic Conference in September that provided direction for the country towards achieving a diversified, inclusive stable and sustainable economy. 

It is therefore important that the outcome document of this conference informs the nation’s economic development strategy going forward.

Excellencies, Ladies, and Gentlemen,

18.  Regarding transitional justice, the bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) have been drafted and submitted to the Council of Ministers for approval. I look forward to hearing an update on the next stages of processing of these bills from the RTGoNU.

19.  In terms of the Permanent Constitution Making Process, the Parties and Stakeholders have all submitted the lists of their representatives to the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee of the National Constitutional Conference. This move is expected to pave the way for the reconstitution of the NCRC, which continues to be way behind schedule. I appeal to the President to expeditiously appoint the nominated NCRC members and reconstitute the Commission to commence its critical mandate.

Excellencies, Ladies, and Gentlemen,

20.       Pursuant to RJMEC’s mandate, since our last meeting, I briefed the Transitional National Legislative Assembly (TNLA) on the status of implementation of the Agreement and encouraged them to fast-track the pending bills before the House. Further, I have had several engagements within the region, and internationally. I briefed H.E. Omar Ismail Guelleh, President of the Republic of Djibouti, and Chairperson of the Assembly of IGAD Heads of State and Government, on the status of implementation of the Revitalised Agreement, and stressed the need for IGAD to remain engaged on the South Sudan peace process, especially as the Parties prepare for elections. I also briefed Hon. Mahamoud Ali Youssouf, Foreign Minister of Djibouti and Chairperson of the IGAD Council of Ministers.

21.       In addition, I briefed the visiting Deputy President of South Africa, H.E. Paul Mashatile, and I appealed to the Republic of South Africa, as the Chair of the AU C5, to rally its members to enhance their support to the peace process. At the international level, I briefed the Political and Security Council of the European Union in Brussels on the status of implementation of the Revitalised Agreement and appealed for their continued engagement in the South Sudan peace process. Similarly, I also briefed Mr. Andreas Kravik, Deputy Foreign Minister of the Kingdom of Norway in Oslo and provided an update on the status of implementation. I would like to thank EU Ambassador Timo Olkkonen and Norwegian Ambassador Linken Berryman for their commitment and effort in ensuring the success of these visits.

22.       Throughout all my engagements, it was evident that there is much goodwill to support South Sudan in the pursuit of sustainable peace and development. Therefore, expectations are that the Parties will adhere to the Agreement, increase the pace of implementation and demonstrate tangible progress in the completion of the critical pending tasks. 

23.       With this in mind, I would like to make the following recommendations to the RTGoNU and the Parties to the Agreement:

a)    expedite the reconstitution of the Political Parties Council, the National Elections Commission, and the National Constitutional Review Commission, all key institutions in the holding of free and fair elections;

b)    ensure that women’s representation in the political process attains the minimum 35% threshold, including in the Constitution-making bodies and the other institutions and commissions being reconstituted;

c)     complete the unification and redeployment of forces and provide adequate resources to the Security Mechanisms; 

d)    present the CTRH and CRA Bills before the TNLA for consideration and enactment without delay;

e)    the Parties to the Agreement to dialogue among themselves and agree on the practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections; and

f)     as elections approach, conduct civic education, fast-track the permanent constitution-making process and promote political and civic space to allow citizens to exercise their democratic rights. 

24.  In conclusion, the lack of sufficient progress and clarity on elections-preparedness, constitution-making, or unification of forces, each of which is a critical pre-condition for smooth and successful elections, is creating uncertainty. Given the achievement of having reached five years of relative peace, it is incumbent on the country’s leadership to consolidate the peace dividends to all its diverse communities through a democratic transition.

25.  I wish you fruitful deliberations. 

I Thank You!