The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), has welcomed the start of the review of the National Elections Act 2012 of South Sudan, one of the key legislations assigned to the National Constitutional Amendment Committee (NCAC), terming it as an important step for the successful conclusion of the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS).

The inauguration of ad-hoc Judicial Reforms Committee (JRC) of the Republic of South Sudan terming it as “yet, another key milestone in the implementation of the Revitalized Peace Agreement" said the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC).

Communication Office

PRESS RELEASE

(For Immediate Publication)

Monday, 07 March, 2022, Juba, South Sudan

THE START OF REVIEWING OF THE NATIONAL ELECTIONS ACT 2012 VERY ENCOURAGING 

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), has welcomed the start of the review of the National Elections Act 2012 of South Sudan, one of the key legislations assigned to the National Constitutional Amendment Committee (NCAC), terming it as an important step for the successful conclusion of the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS).

Speaking at the opening of experts meeting on the electoral laws in Juba on Thursday, RJMEC Chief of Staff, Amb. Berhanu Kebede said, 

“The launch of both judicial reforms process and review of the National Elections  Act coming at the same time is a demonstration that the Revitalized Peace Agreement is indeed on the right path of making a difference in the governance of this country. This is very encouraging,”  

“The conduct of a credible, peaceful, free, fair and democratic elections is the only end point of the Transition under the Revitalized Peace Agreement, and the review and amendment of the elections law and eventual reconstitution of the election commission are two key pre-requisites,” he added. 

“We trust that the experts assembled here today, parties and the various stakeholders to be engaged by the NCAC in this review process, will draft an election law that not only conforms to the Agreement but one that will ensure the conduct of a democratic, peaceful, free and fair elections and referenda in South Sudan.”

Chapter 1, Article 1.20.3 provides that the National Elections Act, 2012 be amended to conform to the terms of the Revitilised Peace Agreement. The review and amendment of the electoral law will involve a participatory process, which includes convening expert and stakeholder forums, whose views will define the scope of the amendment to the electoral law.

 ENDS

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 28 July, 2022, Juba, South Sudan

INAUGURATION OF JRC, A KEY MILESTONE IN THE IMPLEMENTATION OF THE REVITALIZED PEACE AGREEMENT

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has lauded the formation and inauguration of ad-hoc Judicial Reforms Committee (JRC) of the Republic of South Sudan terming it as “yet, another key milestone in the implementation of the Revitalized Peace Agreement.”

Speaking at the official launch of the JRC on Thursday July 28, 2022, RJMEC Interim Chairperson Amb. Maj. Gen. Charles Tai Gituai said: 

“As a committee mandated to study and recommend appropriate judicial reforms to the Revitalised Transitional Government of National Unity (RTGoNU), the work of the JRC will lay a firm foundation for the future of the Judiciary in the Republic of South Sudan.”

“The Judiciary is an important third arm of government, and an effective, independent, and impartial judiciary is sine quo non for lasting peace, stability and democratization,” he said. 

“Despite the slow pace and delays in the implementation of the Peace Agreement generally, the launch of the JRC today, is very timely. It comes on the heels of the enactment of the Constitution Making Process Bill by the Parliament and the ongoing National Constitutional Amendment Committee review of the National Elections Act,” he said.  

He added, “It also comes at a time when the RTGoNU is developing a roadmap for the implementation of all critical pending tasks towards credible elections at the end of the Transitional Period.”

“I strongly believe that the RTGoNU will factor the work of the JRC into the roadmap and that they will be afforded sufficient time to execute their tasks. The JRC report and recommendations will be taken on board by the RTGoNU to ensure that the judiciary is reformed before the end of the Transitional Period.”

Amb. Gituai appealed full support for the JRC so as to carry out its mandate as stipulated in the revitalized peace agreement. 

“We must all lend our support politically, technically, and of course financially for the JRC to do its work within the stipulated timelines,” he said.  

I believe that the key reforms that will be recommended by the JRC, will get prioritized in the RTNLA.

The JRC is chaired Justice James Ogoola (Uganda), duputised by Lady Justice Joyce Alouch (Kenya). 

ENDS

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 21 July, 2022, Juba, South Sudan

THE R-ARCSS IMPLEMENTATION AT CRITICAL MOMENT WITH SEVEN MONTHS TO THE END OF THE TRANSITIONAL PERIOD

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has on Thursday July 21, 2022 held its 23rd monthly plenary meeting in Juba.

Speaking during the opening of the meeting, RJMEC Interim Chairperson H.E. Amb. Maj. Gen. Charles Tai Gituai said with seven months to the end of the Transitional Period in February 2023, “all critical tasks, including the constitution making process should have been completed and preparation for the conduct of elections should have been in high gear.”

“However, this is not the case. Critical tasks, including some pre-transitional tasks, like the unification of forces, are still pending.”

However, Amb. Gituai said, a draft roadmap presented to the President on Friday 15th July 2022 “is a welcome development.”

“I understand that this draft will be discussed by the Presidency before being tabled to the Parties for consideration. Once adopted by the RTGoNU it will be presented to RJMEC,” he said.

A detailed roadmap is expected to ensure implementation of the remaining tasks, to facilitate a peaceful, free, fair and credible elections at the end of the transition period. 

Further, Amb. Gituai acknowledged that since the unification of the command structure (in April), there has been a reduction in clashes between South Sudan People's Defence Forces (SSPDF)-allied elements and the SPLA-IO. 

However, he said, “Despite the April agreement on a unified command structure, progress towards the graduation of the unified forces has stalled.”

“Nonetheless, I am encouraged by the recent statement of H.E. the President, that the Presidency will soon meet and set a date for the graduation of the unified forces,” he added.

Furthermore, the Interim Chair has commended the SSPDF leadership for the recently concluded Court Martial in Yei, Central Equatoria State that resulted in the trial and conviction of several soldiers for crimes committed against civilians such as murder, rape and looting, among others.  

“It is important that all perpetrators of violence are held accountable,” he said. In his recommendation, Amb. Gituai called on the Revitalised Transitional Government of National Unity (RTGoNU) to fast track the process for the consideration and adoption of the agreed final roadmap and to urgently set the date for the graduation and redeployment of the unified forces and the commencement of Phase 2 and the Disarmament, Demobilization, and Reintegration (DDR) process.

In conclusion, he said, at this critical phase of the implementation of the peace agreement, “I appeal to all of you as members of RJMEC to be cognizant of our collective mandate, as monitors and evaluators.”  “Let us seize this unique opportunity and proactively engage with the RTGoNU, propose remedial measures to overcome the challenges to the peace process, and facilitate progress.”

ENDS

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning!

1. I welcome you all to the 23rd meeting of the RJMEC. At the outset, I would like to congratulate the Government and the People of the Republic of South Sudan, upon commemorating the 11th independence anniversary on 9th July 2022.

2. I also commend Pope Francis for sending his emissary, Cardinal Pietro Parolin, Vatican Secretary of State, with a message of prayers and continuing hope for the realization of enduring peace, healing and reconciliation in the Republic of South Sudan.

3. These two events should make us reflect deeply on how far we have come and how far we have to go collectively to achieve South Sudanese aspirations of an independent, peaceful, prosperous and democratic state. 

4. This month also marks seven months to the end of the Transitional Period of the Revitalized Peace Agreement, and this is a critical moment in its implementation.

5.  By now, you should have all received our comprehensive evaluation report on the status of implementation of the Revitalized Peace Agreement from the beginning of the Transition Period to the end of June 2022. We also recently published our latest Quarterly report for the period March to June 2022.

6.  As you may have read in the matrices attached to the Evaluation report, by now, all critical tasks, including the constitution-making process should have been completed and preparation for the conduct of elections should have been in high gear. However, this is not the case. Critical tasks, including some pre-transitional tasks, like the unification of forces, are still pending.

7.   It is precisely because of the aforementioned reasons, that RJMEC had as early as December 2021 urged the RTGoNU to develop a clear roadmap with a strategy to implement the critical pending tasks of the Agreement. Then in our 21st Plenary held on 10 February 2022, I presented a chapter-by-chapter status of implementation report in which I again stressed the need for a clear strategy going forward. At that meeting, the RTGoNU representative expressed the commitment of the government, to develop a roadmap towards elections at the end of the Transitional Period. 

8.  Therefore, the news that a draft Roadmap was presented to the President on Friday 15thJuly 2022 is a welcome development. I understand that this draft will be discussed by the Presidency before being tabled to the Parties for consideration. Once adopted by the RTGoNU it will be presented to RJMEC. The RTGoNU representative will brief us more on the roadmap.

Excellencies, Ladies and Gentlemen,

9. I will now focus my statement on the developments in the implementation of the Revitalized Peace Agreement since our last plenary, highlight some of the challenges, the ongoing RJMEC efforts, and will conclude with recommendations.

10.   Under Chapter 1, some progress was made towards Judicial and Legal reforms. On 20thMay 2022, IGAD officially submitted the list of nominees and appointees to the ad hocJudicial Reform Committee (JRC), a body mandated to study and recommend appropriate judicial reforms to the RTGoNU.

11.   Then, on 18th June 2022, Justice James Ogoola (Uganda) and Lady Justice Joyce Alouch (Kenya), the appointed Chairperson and Deputy Chairperson of the JRC respectively reported to Juba and commenced the Committee’s preparatory work. To that end, the JRC leadership paid courtesy calls on senior government officials and held a joint introductory meeting with the national members of the Committee. The JRC is expected to commence its work in mid-August for a duration of six months.

12.   The National Constitutional Amendment Committee (NCAC) has reviewed and submitted the Public Financial Management and Accountability Act 2011 (Amendment) Bill 2022 to the Minister of Justice and Constitutional Affairs, and has made progress in the review of other bills. I commend the NCAC for its dedication to deliver on its mandate. The NCAC will provide us with a further update on the status of its work.

13.   The Transitional National Legislative Assembly has passed the Wildlife Services Amendment Bill 2022 and the Constitution Making Process Bill 2022. I welcome this development. With regard to the reservations raised by some parties on the TNLA handling of the Political Parties Amendment Bill, I welcome the decision by H.E Salva Kiir Mayardit to discuss the matter with the Presidency, and I appeal to all Parties to always strive to achieve consensus fully aware that, where this is not possible, the R-ARCSS provides for decision making by a two-thirds majority.

14.   On the Permanent Ceasefire and Transitional Security Arrangements, there has been a reduction in clashes between SSPDF allied elements and the SPLA-IO since the unification of Command. Despite the April agreement on a unified command structure, progress towards the graduation of the unified forces has stalled. Nonetheless, I am encouraged by the recent statement of H.E. the President, that the Presidency will soon meet and set a date for the graduation of the unified forces. With regard to the DDR process, I am informed that the Commission’s budget for repatriation of an estimated 2,000 ex-combatants, currently in training centres has been approved by the National Transition Committee, and I urge the Ministry of Finance to fast-track disbursement of these funds. 

15.   Recently, I wrote to the President as well as the Chairman of the JDB regarding the serious violations to the transitional security arrangements in Unity and Upper Nile states, as reported by CTSAMVM. I specifically requested that the perpetrators of these atrocities be held to account.

16.   I would like to commend the SSPDF leadership for the recently concluded Court Martial in Yei, Central Equatoria State that resulted in the trial and conviction of several soldiers for crimes committed against civilians such as murder, rape and looting, among others.  It is important that all perpetrators of violence are held accountable.

17.   Regarding the Sant ’Egidio-led mediation, some progress has been made. CTSAMVM recently completed an induction training in Rome, Italy, of national monitors representing the South Sudan Opposition Movement Alliance (SSOMA) of Gen. Paul Malong and Pagan Amum. They are now expected to be integrated within the CTSAMVM Monitoring and Verification Teams by mid-August. I would like to encourage the other group of SSOMA allied to the National Salvation Front (NAS) of Gen. Thomas Cirillo to join the dialogue in good faith towards finding a lasting solution.

 18.   On the humanitarian chapter, we welcome the opening of humanitarian corridors between Twic County, Warrap State and the Abyei Administrative Area. In addition, there has been the restoration of river transport between Sudan’s White Nile State and Upper Nile State.

19.   However, bureaucratic impediments and funding cuts are affecting the delivery of critical lifesaving services such as emergency food, nutrition and health service provision.   The imposition of taxes on humanitarian goods is also affecting the delivery of these services. I urge the RTGoNU to take steps to address the above concerns, including the availing of more resources to address the humanitarian situation.

20.   On the economic affairs chapter, we welcome the launching of the revised National Development strategy, which has been aligned with the Revitalised Agreement. The importance of this strategy among others, is to establish and strengthen institutions for transparent, accountable and inclusive governance; foster macroeconomic stability and build foundations for diversification of the economy. It is my hope that this will help address the peace, development and humanitarian nexus. 

21.   Further, I urge the RTGoNU to move forward with the legislation and provision of funding for the enterprise development funds, which will serve to provide the necessary boost to help establish women and youth businesses; thus, serving to empower a key segment of the South Sudanese population. 

22.   Under Chapter 5, the Technical Committee established to spearhead public consultations on the establishment of the Commission for Truth, Reconciliation and Healing (CTRH), undertook public consultations in most parts of the country, with the exception of inaccessible areas where conflict is ongoing, such as Nimule. Their compiled report will assist the Ministry of Justice and Constitutional Affairs to draft the CTRH legislation.

23.   It is concerning that there has been no progress towards the establishment of the other two transitional justice mechanisms i.e., the Hybrid Court for South Sudan and the Compensation and Reparations Authority. I therefore appeal to the RTGoNU to consider taking steps towards the establishment of these two critical Transitional Justice institutions.

24.   Under Chapter 6 on the making of the permanent constitution, there has been commendable progress with the recent passing of the Constitution Making Process Bill 2022, which now awaits assent by the President to become law. Once enacted, the important process of constitution-making will begin in earnest, with the reconstitution of the National Constitution Review Commission, establishment of the Constitution Drafting Committee, and the Preparatory Sub-Committee for the convening of the National Constitutional Conference. I urge the parties and designated stakeholder groups to initiate the process of identifying their nominees to these various mechanisms to ensure their timely establishment.

Excellencies, Ladies and Gentlemen,

25.   As you may already be aware, the US Government recently suspended its financial support to RJMEC and CTSAMVM, a move which will impact our operational capacity. We thank and appreciate the US government for its invaluable support to RJMEC and CTSAMVM over the years, and we will continue to engage with the US Government to reconsider its decision.

26.   Pursuant to our mandate as RJMEC, I undertook a series of regional and diplomatic engagements to brief the region and international community on the status of the implementation of the Revitalized Peace Agreement and to solicit their support to the peace process. I attended the 37th Assembly of IGAD Heads of State and Government held in Nairobi, which discussed regional issues, including the peace process in South Sudan. I also briefed the AU Peace and Security Council; and separately met with the AU Commissioner for Political Affairs, Peace and Security, over the AU support to the peace process in South Sudan. 

27.   On 12th July 2022, I briefed a group of 13 Diplomats accredited to the Republic of South Sudan based in Addis Ababa on the ongoing peace process, and the mandates of RJMEC and CTSAMVM, including their centrality in the monitoring and oversight of the R-ARCSS. 

28.   Following these engagements, I can assure you, that the peace process in this country is on the minds and agenda of the regional and international community. They all appreciate the important contribution of RJMEC and CTSAMVM, and the need for the RTGoNU to come up with a roadmap that will ensure implementation of the remaining tasks; in order to facilitate peaceful, free, fair and credible elections at the end of the transition period.  

29.   In conclusion, I would like to make the following recommendations: 

a.   urge the RTGoNU to fast-track the process for the consideration and adoption of the agreed final roadmap.

b.   urge the RTGoNU to urgently set the date for the graduation and redeployment of the unified forces and the commencement of phase 2 and the DDR process.

c.   urge the RTGoNU to seriously address the increasing incidences of community-based violence across the country.

d.  urge the RTGoNU to urgently institute mechanisms for fast-tracking procedures for the import and customs clearance of relief materials and visa renewal processes for humanitarian workers to improve access to those in dire need.

e.   appeal to all partners and friends of South Sudan to continue supporting RJMEC and CTSAMVM and the full implementation of the R-ARCSS; and

f.    appeal to RTGoNU to allocate adequate funding for the implementation of the Agreement including to the nationals within the mechanisms, service delivery, livelihoods and constitution-making process in the 2022/23 budget.

30.   In conclusion, at this critical phase of the implementation of the peace agreement, I appeal to all of you as members of RJMEC to be cognizant of our collective mandate, as monitors and evaluators. Let us seize this unique opportunity and proactively engage with the RTGoNU, propose remedial measures to overcome the challenges to the peace process, and facilitate progress.

I wish you fruitful deliberations. I thank you.

The Reconstituted Joint Monitoring and Evaluation Commission has released its latest quarterly report on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

Link: https://bit.ly/3P5OXCF 

The Interim Chairperson H.E. Amb. Maj. Gen. Tai Gituai has on Monday July 11, addressed the 1092^nd meeting of the African Union Peace and Security Council (AUPSC). Full statement: https://bit.ly/3P8IaYG 

Chairperson of the Peace and Security Council;

Commissioner of Peace and Security; 

Your Excellencies Permanent Representatives; 

Excellencies;

Ladies and Gentlemen.

Your Excellency,

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

2.   As the oversight body of the Revitalized Peace Agreement, we recently published a very detailed evaluation report on the status of the implementation of the Revitalized Peace Agreement from September 2018 to date, a copy of which, will be shared with your excellencies electronically. 

3.   I will therefore only highlight the key issues for your attention and deliberations today.

4.   Overall, there has been commendable progress since the Revitalized Peace Agreement was signed, including the cessation of violence across the country amongst the signatories to the Agreement; continued holding of the permanent ceasefire; the establishment and reconstitution of all institutions/mechanisms of the Agreement; incorporation of the Revilatised Agreement into the Transitional Constitution, as amended; review and amendments of all security related laws, Political Parties Act, Audit Chambers and Public Finance Management and Accountability Bills, some of which have already been enacted by the reconstituted Parliament. Equally important is the unification of the command structure of the armed forces and the commencement of transitional justice and permanent constitution-making processes, amongst others.

5.   Under the Agreement, the Transitional Period should be marked with a democratic election. However, with barely seven months to the end of the Transitional Period (February 2023), a number of critical Agreement tasks remain unimplemented. Some of the key elections related tasks, which are still pending include:

a.     Reconstitution of the Political Parties Council;

b.     Amendment of the National Elections Act, 2012 and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections;

c.      Addressing of the challenges of reconstruction, repatriation, resettlement, rehabilitation and reintegration of IDPs and returnees;

d.     Unification of forces to prepare for elections;

e.      Completion of the permanent constitution-making to guide the conduct of elections; and 

f.        Preparation for the holding of free, fair and credible elections.

6.   Without these tasks implemented, it will be difficult to conduct a credible election.

Your Excellency,

2.   There are several recurring challenges facing the implementation of the Revitalized Peace Agreement, namely: 

a.         lack of sufficient resources (financial and material) needed for the implementation of the Agreement; 

b.         insufficient political will and commitment of some actors; 

c.         trust deficit amongst the Parties; 

d.         capacity gaps; and

e.         growing sub-national violence. 

3.   The aforementioned challenges and delays not only undermine confidence in the peace process and ferment defections, but have also caused growing anxiety and frustrations amongst the South Sudanese population and international partners supporting the peace process. 

4.   As a result, we are witnessing increasing sub-national violence in the countryside, as well as withdrawal of some key actors and partners to the peace process. Very recently, the US Government withdrew its support to RJMEC and CTSAMVM, key IGAD mandated oversight and verification institutions, whose functions and effectiveness, are indispensable to the implementation of the Peace Agreement. Without an effective oversight mechanism, we risk the collapse of the Agreement, and reversing the gains made under the Agreement thus far. 

Your Excellency,

5.     In conclusion, I recommend the following to this Council: 

a.      urge the RTGoNU to develop a clear roadmap and strategy to implement critical outstanding requirements of the Revitalised Peace Agreement towards elections;

b.         support the RTGoNU efforts in mobilising resources from the region, and the international community to support the implementation of the Revitalized Peace Agreement and to convene the Pledging Conference for South Sudan as provided for under Chapter 3 of the Agreement;

c.         engage the leadership of the RTGoNU to bridge the trust deficit, build confidence and demonstrate political will and commitment;

d.         urge the RTGoNU to address sub-national violence by urgently graduating and redeploying the unified forces;

e.         appeal to the US Government to reconsider its decision to halt support to RJMEC and CTSAMVM;

f.            Further appeal to all partners and friends of South Sudan to support RJMEC and CTSAMVM and the full implementation of the R-ARCSS, and 

g.         Lastly, appeal to the AU Commission to consider supporting RJMEC and CTSAMVM to ensure the effective discharge of their mandate.

I Thank You.