- Chairperson of the Peace and Security Council;

- Commissioner of Peace and Security; 

- Your Excellencies Permanent Representatives; 

- Excellencies;

- Ladies and Gentlemen.

Your Excellency,

1. I am honoured to once again address this Council as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). Since my last briefing to you, key milestones have been reached in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). Key among them were:

a. Phase 1 of the graduation of forces is nearing completion with approximately 49,000 out of 53,000 graduated; 

b. the Constitution-making Process Bill, among others, was passed by the Reconstituted Transitional National Legislature and is awaiting assent by the President; 

c. implementation of the R-ARCSS has entered its fifth year with sustained efforts towards peace, despite the many challenges; 

d. the Parties have all agreed on a 24-month extension of the Transitional Period with a clear Roadmap to a Peaceful and Democratic Elections at the end; 

e. the RJMEC pronounced itself on the Roadmap with clear recommendations on steps to be taken in order to ensure that critical tasks outlined in the Roadmap are implemented as scheduled. 

2. In spite of this progress, some critical tasks remain outstanding.   

3. In my briefing today, I will therefore only highlight the key issues which require this Council’s attention and conclude with recommendations.

Your Excellency,

4. Since my last briefing, the timeframe of the Revitalised Peace Agreement has been extended by 24 months, effective February 2023, in accordance with the “Agreement on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan”, hereafter referred to as ‘the Roadmap’. 

5. Pursuant to article 8.4 of the R-ARCSS, the Roadmap was agreed to by the Parties on 4th August, endorsed by the Revitalised Transitional Government of National Unity (RTGoNU) Council of Ministers on 5th August, consented to by RJMEC on 1st September 2022 and ratified by the reconstituted Transitional National Legislature on 16th November 2022. Even with the extension, however, there is much to do and time is already pressing.

Your Excellency,

6. I will now give an update on the status of implementation, chapter-by-chapter. First, on Governance. The Reconstituted Transitional National Legislature passed several pieces of legislation, importantly the South Sudan People’s Defence Force Bill, the Wildlife Service Bill, the National Police Service Bill, Political Parties Bill and the Constitution-making Process Bill.

7. The National Constitutional Amendment Committee (NCAC) continues with the reviews and drafting of amendment bills. To date, the NCAC has completed drafting amendment bills of the National Audit Chamber Act, Public Finance Management and Accountability Act, Petroleum Act, Petroleum Revenue Management Act, the National Elections Act and the Anti-Corruption Commission Act.

8. The restructuring and reconstitution of the Institutions and Commissions at the national level is work in progress. The reforms include streamlining their mandates and appointments to ensure their independence and accountability in accordance with the law, taking into consideration inclusivity, national diversity and gender.

9. On the permanent ceasefire and transitional security arrangements, the graduation of the first batch of the Necessary Unified Forces is nearing completion with approximately 49,000 forces out of the expected 53,000 graduated. The unified forces now need to be redeployed, and this overdue. I am concerned that the graduated unified forces have been returned to the Training Centres, which is delaying the commencement of Phase 2 training. Furthermore, the unified forces are not being remunerated. We expect the RTGoNU to take appropriate action.

10. There are security related tasks yet to be undertaken, including finalising the Strategic Defence and Security Review documents, availing clear and predictable funding for the DDR Commission and its programmes, and a clear plan for the management of weapons and munitions collected from all forces. 

Your Excellency, 

11. Regarding humanitarian assistance and reconstruction, the opening of some humanitarian corridors has facilitated free movement of goods services and people across borders, including voluntary returns. According to UNHCR, more than 600,000 people have returned since 2018. 

12. However, the magnitude and severity of humanitarian needs in the country have continued to rise due to the effect of prolonged subnational violence, widespread flooding, food insecurity, decline in funding and lack of the provision of basic services, particularly the conflict-affected population. There are also concerns related to safety of humanitarian workers and their assets as well as access to those in need.

13. The critical outstanding tasks include the establishment of Special Reconstruction Fund (SRF) and its Board, the requisite USD 100 million funding per annum from the RTGoNU and the review of the NGO Act 2016.  In this regard, I have urged the RTGoNU to expedite the establishment of the SRF to pave the way for the Pledging Conference, pursuant to the 1060th AU PSC Communique. 

14. On Resource, Economic and Financial Management, some progress has been registered in policy reviews and the management of natural resources as required by the Revitalised Peace Agreement. Agricultural policies, strategies and programmes are being developed, and the National Land Policy is being finalised. However, the policy for the management of South Sudan’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.  

15. The Strategic Economic Development Roadmap was reviewed and aligned with the R-ARCSS and is being implemented and prioritises the security, humanitarian, and development nexus. It also focuses on devolution of powers and resources which is being operationalised with the development of State plans for all the ten states and three Administrative Areas.

16. The legal and institutional framework for the Youth and Women Enterprise Development Funds for the vulnerable private sector are being developed and the South Sudan Pension Fund (SSPF) has been operationalised but needs to broaden its coverage beyond civil service to include the wider public and private sectors.

17. The Public Financial Management reforms namely, the operationalization of the treasury single account, creation of the Public Procurement and Asset Disposal Authority, the enactment of legislations relating to Public Financial Management have been slow and need to be prioritised.    

18. In terms of transitional justice, the RTGoNU has conducted public consultations to help guide the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH). The drafting of the CTRH Bill and the Compensation and Reparation Authority (CRA) Bill are both ongoing. On the Hybrid Court for South Sudan (HCSS), the responsibility for its establishment lies with the African Union Commission (AUC) working with the RTGoNU, and this is still pending. I urge the AUC to expedite the process leading to the establishment  of the Court.

19. The making of the permanent constitution is critical for the conduct of elections at the end of the transitional period. In this regard, the Constitution-making Process Bill 2022 was passed by the Transitional National Legislature and awaits assent by the President. Once the Bill becomes law, it will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), recruitment of the Constitutional Drafting Committee (CDC) and appointment of the Preparatory Sub-Committee (PSC) which will be responsible for the convening of the National Constitutional Conference. These bodies are critical in the making of the new constitution to guide the conduct of elections at the end of the Transitional Period and their establishment is long overdue.

20. During this Roadmap phase, it is also critical that the RTGoNU provides an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process. Overall, predictable funding and adequate logistical support for the implementation of the peace agreement is critical.

Your Excellency,

21. Since the Revitalised Peace Agreement came into force in 2018, its implementation faced several challenges. These include trust deficit among the parties; capacity gaps of Agreement institutions and mechanisms; lack of adequate and predictable funding; limited resources for implementation; flooding; and activities of the holdout groups and subnational violence.

22. Depite the above challenges, the Roadmap provides an opportunity for creating the conditions necessary for the conduct of peaceful and democratic elections at the end of the Transitional Period. This requires changes in strategies and approaches from the parties, South Sudanese stakeholders, the regional guarantors and international partners and friends of South Sudan. There is need for the RTGoNU to, inter alia, demonstrate the urgency, unity of purpose, commitment, extra effort and political will required to implement the tasks outlined in the Roadmap as scheduled. The regional guarantors and international community should enhance their approaches in engaging the RTGoNU and the various Agreement Institutions and Commissions with a strong focus in facilitating progress.

1. I will now conclude with my recommendations to this august Council. The Peace and Security Council to:

a. engage the RTGoNU to adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks; 

b. urge the AU Commission to provide political, technical, and logistical support to the RTGoNU during the implementation of the Permanent Constitution-making process and elections;

c. encourage the RTGoNU to ensure civic and political space are guaranteed and protected throughout the country;

d. urge the AU Commission and member states to support the RTGoNU with expertise and resources needed to support the DDR process and the management of weapon and munitions stockpiles;

e. engage with the RTGONU to kickstart the establishment of the Special Reconstruction Fund and its Board to pave the way for the convening of the South Sudan pledging conference;

f. urge the AU Commission to expedite the process for the establishment of the Hybrid Court for South Sudan; and 

g. appeal to the RTGoNU to fast track the establishment and operationalisation and funding of the CTRH and CRA.

2. Finally, there is need for us all (IGAD, AU and UN) to consolidate our efforts, speak with one voice, and bring our collective leverage to bear and push for timely implementation of the Roadmap.

I Thank You!

 

With the expected visit of Ecumenical Peace Pilgrimage of three religious leaders, led by His Holiness, Pope Francis to the Republic of South Sudan early next month, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has urged the leadership of the Revitalised Transitional Government of National Unity (RTGoNU), the Parties, and the people of South Sudan to “renew their confidence in the peace process, rebuild trust and demonstrate genuine political will and unity of purpose, with the spirit of forgiveness and magnanimity.

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.   Let me begin by welcoming you all to the 26th meeting of the RJMEC, and by wishing you all a very Happy New Year 2023. I sincerely hope that you all had a restful break, and are ready to redouble efforts pursuant to our mandate to effectively and collectively monitor, evaluate, and oversee the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), with renewed focus to support all Agreement Institutions and Mechanisms to facilitate progress.

2.   At the end of 2022, the South Sudan peace process was high on the agendas of the IGAD Council of Ministers, the African Union Peace and Security Council (AUPSC), and the United Nations Security Council, all of which RJMEC provided a briefing to. Informed by our recommendations, IGAD and AUPSC in particular have made critical policy decisions in support of the implementation of the Revitalised Peace Agreement. 

3.   With such focus, I am expecting a busy start to the year 2023, particularly in February, when South Sudan is expected to receive important visitors, including the Ecumenical Peace Pilgrimage of the three religious leaders, led by His Holiness, Pope Francis, and subsequently the AUPSC. We also expect a joint IGAD ministerial visit. 

4.   These solidarity visits are timely, and they enhance our peace efforts, as they coincide with the third anniversary of the establishment of the Revitalised Transitional Government of National Unity (RTGoNU). I hope the RTGoNU and the people of South Sudan will find inspiration and a spirit of forgiveness in these visits in order to renew public confidence in the peace process by rebuilding trust and showing unity of purpose, and demonstrate genuine political will through joint actions and messaging for peace.

5.   My statement this morning will therefore highlight the most recent developments in the implementation of the Revitalised Peace Agreement in accordance with the Roadmap since our last Plenary. I will focus on progress made, pending tasks, and conclude with recommendations.

Excellencies, Ladies and Gentlemen,

6.   First, governance. Since our last plenary, some critical benchmarks have been realised. Six bills have been assented to by the President of the Republic of South Sudan pursuant to the R-ARCSS. The bills are the Constitution-making Process Bill 2022; the Transitional Constitution of the Republic of South Sudan 2011 (Amendment) Bill No.11, 2022; the National Police Service (Amendment) Bill 2022; the National Wildlife Service (Amendment) Bill 2022; the Civil Defense Bill 2022; and the National Prisons Service (Amendment) Bill 2022. 

7.   Whereas the enactment of the bills is a welcome development, I am concerned that the operationalisation of the Acts has been slow. By now, there are critical institutions which should have been reconstituted to pave the way for the implementation of key aspects of the Agreement. For instance, the Political Parties Council which is central for the registration of political parties, and there is also the National Constitutional Review Commission which is tasked with spearheading the constitution-making process.   

8.   The National Constitutional Amendment Committee (NCAC) has continued with the reviews, amendment and drafting of legislation as provided for in its mandate. In that regard, I would like to urge the RTGoNU to fast-track the enactment of all the revised laws, especially the National Elections Act (Amendment) Bill and Anti-Corruption Commission Act (Amendment) Bill. 

9.   On the issue of payments to national members of the NCAC and the ad hoc Judicial Reform Committee (JRC), I have been informed that the RTGoNU will cover the payments of the national members of these two institutions, which is a welcome development. 

10.         Next, security. I can report that with the graduation of troops in Bentiu on 14th January 2022, Phase I of the graduation of the Necessary Unified Forces (NUF) is now complete. Despite graduation, the troops are yet to be redeployed to their respective formations, units and posts, their ranks are yet to be harmonized, and it is important that their welfare be adequately taken care of.

11.        According to the Roadmap, the commencement of the training of Phase II of the NUF is to begin without delay as that process is behind schedule. Learning from the experience of Phase I, it is important that the RTGoNU provides adequate material and financial resources, so that the Security Mechanisms can accomplish their tasks in a timely manner. Closely connected with the issue of the unification of forces is the DDR process, which has received very little support. It is difficult to see how the unification of forces can be considered complete without fully functioning and funded DDR programmes. 

12.   As the process of the unification of forces moves forward into Phase II, another area that needs particular attention is the collection, registration, and storage of weapons and munitions, and I urge the JDB to give this matter its full attention. One further very important but pending task in Chapter 2 is the completion of the Strategic Defence and Security Review process, which is way behind schedule. I would like to hear an update on these issues from the Security Mechanisms.

13.   It is very concerning to note that over the holiday period, numerous armed clashes have taken place, cumulatively costing hundreds of lives and displacing thousands of civilians, in particular in Upper Nile State and in the Greater Pibor Administrative Area, as expressed in our joint statement published on 28th December 2022. For all intents and purposes, there is a very serious picture of escalating violence, negatively impacting the environment in which the R-ARCSS is being implemented. I therefore appeal to the Parties involved and the RTGoNU to address the root causes of these armed conflicts and find lasting solutions to resolve them and ensure accountability for crimes committed.

14.   Despite its serious operational challenges, CTSAMVM has produced a violation report from Upper Nile State, and it will provide more details this morning. That said, the delayed payment of the national members of CTSAMVM is still a pressing issue. Their role in CTSAMVM is essential as it helps to provide balanced party perspectives in their reports, in addition to facilitating access in the field. I urge the RTGoNU to take this matter with the urgency it deserves.

15.   Regarding policing, an integral component of security sector reforms, I am encouraged by the recently initiated Police Reform Programme. Through its reform activities, this programme is intended to build the capacity of the South Sudan National Police Service, and to sensitise on Sexual and Gender Based Violence (SGBV). This is an important part of strengthening the peace process in South Sudan. 

Excellencies, Ladies and Gentlemen,

16.   On humanitarian affairs, it is encouraging to learn that the NGO Act 2016 is currently being reviewed by the NCAC in order to make it compliant with international best practices. It is concerning to learn that this year already, three humanitarian workers have been killed, in the Abyei Administrative Area and Jonglei State, among scores of civilians who have also lost their lives in violence. It is incumbent upon the RTGoNU to provide a secure environment in which humanitarian workers can deliver aid to those in need.

17.        On resource, economic and financial management, there has been limited progress since the last Plenary. However, reforms in the management of South Sudan’s natural resources are progressing. Further, the Bank of South Sudan has directed all commercial banks to close accounts held by various government institutions, an important step in ensuring the “single treasury account” required by the Agreement. As we move into 2023, it is important that the implementation of Chapter 4 proceeds expeditiously, including improved management of the country's resources. I urge all those responsible to redouble their efforts in this regard.

18.   In terms of transitional justice, I am informed that the Ministry of Justice and Constitutional Affairs is in the process of drafting the Commission on Truth, Reconciliation and Healing Bill and the Compensation and Reparation Authority Bill. I reiterate my appeal to the Ministry to fast-track this process and establish these important institutions. 

19.   Regarding the permanent constitution-making process, I welcome the signing into law of the Constitution Making Process Act 2022. 

The law requires that the National Constitutional Review Commission (NCRC) shall be reconstituted by the RTGoNU within forty-five days after the coming into force of the Act, namely by 5th February 2023. In this regard, the Parties and Stakeholders to the Agreement were required to have submitted lists of their representatives to the Minister of Justice and Constitutional Affairs by 21st January 2023. I am concerned that the first deadline has already been missed and risks causing further delays in the processes that should follow.

20.        I therefore call upon all Parties, and relevant Stakeholders, to immediately submit lists of their nominees to the various Constitution-making bodies. It is imperative that these nominees reflect, among other things, the gender, political, social, ethnic, religious, and regional diversity of South Sudan, as provided for in the Act. 

Excellencies, Ladies and Gentlemen,

21.   In conclusion, I make the following recommendations to the RTGoNU:

a)   reconstitute the Political Parties Council as part of the operationalization of the recently enacted laws, which helps to protect political space, thereby allowing for the registration of political parties;

b)   harmonize the ranks of the unified forces, and provide for their welfare so that they can be deployed to provide security and protection of civilians caught up in subnational violence;

c)    initiate dialogue between the communities and parties to address subnational violence in the country, particularly in the hotspots of Upper Nile, Jonglei, the Equatorias, and Greater Pibor Administrative Area;

d)   commence Phase II of the unification of forces without further delay, and provide adequate resources to the Security Mechanisms and the cantonment sites and training centres; and

e)   immediately reconstitute and fund the National Constitutional Review Commission and its Secretariat, and fast-track the establishment of the other mechanisms like the Constitutional Drafting Committee (CDC) and the Preparatory Sub-Committees. 

22.        Finally, I would like to draw your attention to the fact that elections are due to be held just next year, and now that we are in 2023, it is as clear as it ever was, that so much remains to be done. Furthermore, the levels of community-based violence in the states of Jonglei and Upper Nile, the Greater Pibor Administrative Area, and in the Equatorias, are very concerning. 

23.        The imminent Ecumenical Peace Pilgrimage to Juba of the three religious leaders, led by His Holiness, Pope Francis, is an indicator of the world’s desire for lasting peace in South Sudan. In responding to this, I urge the leadership of the RTGoNU, the Parties, and the people of South Sudan to renew their confidence in the peace process, rebuild trust and demonstrate genuine political will and unity of purpose, with the spirit of forgiveness and magnanimity, as we forge ahead at this critical time of the implementation of the Peace Agreement, towards the end of the Transition Period as stipulated in the Roadmap. 

I Thank You

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 26 Jan. 23, Juba, South Sudan

AHEAD OF VISIT OF THE POPE, THE RTGONU, PARTIES AND THE PEOPLE OF SOUTH SUDAN URGED TO “REBUILD TRUST, DEMONSTRATE GENUINE POLITICAL WILL AND UNITY OF PURPOSE”

With the expected visit of Ecumenical Peace Pilgrimage of three religious leaders, led by His Holiness, Pope Francis to the Republic of South Sudan early next month, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has urged the leadership of the Revitalised Transitional Government of National Unity (RTGoNU), the Parties, and the people of South Sudan to “renew their confidence in the peace process, rebuild trust and demonstrate genuine political will and unity of purpose, with the spirit of forgiveness and magnanimity.”

Speaking at the 26th RJMEC monthly meeting held in Juba on Thursday 26 January, 2023, RJMEC Chairperson Amb. Maj. Gen. Charles Tai Gituai said: 

“The imminent Ecumenical Peace Pilgrimage to Juba of the three religious leaders, led by His Holiness, Pope Francis, is an indicator of the world’s desire for lasting peace in South Sudan.”

“I hope the RTGoNU and the people of South Sudan will find inspiration and a spirit of forgiveness in these visits in order to renew public confidence in the peace process by rebuilding trust and showing unity of purpose, and demonstrate genuine political will through joint actions and messaging for peace,” he added.

Additionally, General Gituai told the meeting that it is “very concerning to note that over the holiday period, numerous armed clashes have taken place, cumulatively costing hundreds of lives and displacing thousands of civilians, in particular in Upper Nile State and in the Greater Pibor Administrative Area. 

“For all intents and purposes, there is a very serious picture of escalating violence, negatively impacting the environment in which the R-ARCSS is being implemented,” he said.  

Further, the RJMEC Chairperson noted that six bills were assented to by the President of the Republic of South Sudan in December, including the Constitution-making Process Bill 2022. However, he raised a concern that their operationalisation needs to be further advanced. 

“By now, there are critical institutions which should have been reconstituted to pave the way for the implementation of key aspects of the Agreement. For instance, the Political Parties Council which is central for the registration of political parties, and there is also the National Constitutional Review Commission which is tasked with spearheading the constitution-making process,” he said.  

Amb. Gen. Gituai urged the RTGoNU to reconstitute the Political Parties Council as part of the operationalisation of the recently enacted laws, which helps to protect political space, thereby allowing for the registration of political parties. 

In addition, he called for the immediate reconstitution and funding of the National Constitutional Review Commission and its Secretariat, and fast-tracking the establishment of the other mechanisms like the Constitutional Drafting Committee (CDC) and the Preparatory Sub-Committee.

In his conclusion, Amb. Gituai urged the RTGoNU to harmonize the ranks of the unified forces, and provide for their welfare so that they can be deployed to provide security and protection of civilians caught up in sub-national violence.

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) 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). The report covers the last quarter of 2022. 

The Interim Chairperson of the Reconsituted Joint Monitoring and Evaluation Commission (RJMEC), Amb. Maj. Gen. (rtd) Charles Tai Gituai  told participants during the 25th monthly meeting convened in Juba on Wednesday, 14 December, 2022, that peaceful and democratic elections for the Republic of South Sudan are possible in the next 24 months.

Communication Office

PRESS RELEASE

(For Immediate Publication)

Wednesday14 December 22, 2022, Juba, South Sudan

RJMEC: PEACEFULDEMOCRATIC ELECTIONS FOR THE REPUBLIC OF SOUTH SUDAN ARE POSSIBLE; EXPRESSES CONCERN AT ESCALATING VIOLENCE IN UPPER NILE

The Interim Chairperson of the Reconsituted Joint Monitoring and Evaluation Commission (RJMEC), Amb. Maj. Gen. (rtd) Charles Tai Gituai  told participants during the 25th monthly meeting convened in Juba on Wednesday, 14 December, 2022, that peaceful and democratic elections for the Republic of South Sudan are possible in the next 24 months.

However, for this to happen, Amb. Gituai gave key recommendations, which include:

a)    adhering (by the Parties) to the roadmap timelines and prioritising implementation through the availing of predictable, timely and adequate funding for all tasks

b)    the reconstituted Transitional National Legislative (TNL) to expedite the processing of all Bills before the Legislature;

c)    commencing of Phase 2 of the unification of forces, which is overdue, and avail funding and political support to the DDR programmes, which is an essential component of the unification of forces; 

d)    addressing subnational violence, especially in Upper Nile and Jonglei States, hold perpetrators accountable, and take steps to address the root causes and protect civilians and their property;

e)    kickstarting preparations for the reconstitution and appointment of the critical Constitution Making mechanisms and institutions, including giving due attention to the 35% level of women’s participation, as well as taking note of youth and people living with disabilities.

“There are immense tasks and expectations ahead, and even with the extension (of the transitional period), time is of the essence. The people of South Sudan deserve nothing less than total implementation of the Roadmap in letter and spirit in order to enjoy the peace dividends that it brings,” he continued.

Further, RJMEC expressed its deep concern over the escalating violence in both Upper Nile and Jonglei States “with innocent lives being lost, thousands displaced, livelihoods and property destroyed.” 

“If not addressed urgently, the wider ramifications of such violence could destabilize the ongoing implementation of the Peace Agreement,” Amb. Gituai said.

In his remarks, Amb. Gituai noted that recent meetings of the IGAD Council of Ministers, the African Union Peace and Security Council, and the United Nations Security Council, as well as the visit to Juba by the President of the Republic of Kenya and the holding of the East Africa Inter-Parliamentary games recently in Juba.

These, he said, are positive signals, adding, “The leaderships in the region and beyond have shown their determination to urgently build on recent progress in order to push for more implementation. It is incumbent upon the Revitalised Transitional Government of National Unity, to match that level of determination in the pace of implementation of the Roadmap.”

In his conclusion, Amb. Gituai highlighted the resolution of the Sixth Governor’s Forum (held in Juba on 21st – 28th November 2022) , which affirmed the “commitment of the States and the Administrative Areas to implementation of the R-ARCSS through the Roadmap 2022.” 

“With this in mind, and against the backdrop of the diplomatic support affirmed at the recent IGAD, AU Peace and Security Council and UN Security Council meetings, RJMEC expects that progress should be more rapid and substantial in the new year 2023."

ENDS

 

The Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has on Tuesday addressed the 9219th meeting of the United Nations Security Council (UNSC)

H.E. Dr. Wani Igga, Vice President of the Republic of South Sudan and Head of Economic Cluster 

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

Hon. Ngor Kolong Ngor, Chairperson Anti-Corruption Commission

Honourable Ministers present

Excellencies, Members of the Diplomatic Corps,

Distinguished Ladies and Gentlemen

Good morning!

I am deeply honoured and privileged to speak on this occasion to mark the International Anti-Corruption Day in the Republic of South Sudan. I bring you greetings and sincere apologies from H.E Amb. Maj. Gen (rtd) Charles Tai Gituai, Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) who unfortunately could not attend this important event due to unavoidable circumstances.

I thank Hon. Ngor Kolong Ngor, Chairperson of the Anti-Corruption Commission for inviting RJMEC and for organizing this event. I also thank UNMISS for partnering with and supporting the Commission to make this event a success. 

Excellencies, Ladies and Gentlemen

There is no doubt that corruption, misuse and abuses of public resources is one of the major conflict drivers and indeed a huge impediment to economic development, social services delivery, peacebuilding and transformation in every society. That is why reforms geared at promoting accountability, prudent and transparent management of public finances and oil revenues are at the core of the implementation of the Revitalized Peace Agreement. 

Indeed, a whole chapter, Chapter 4 of the R-ARCSS is dedicated to resource, economic and financial management reforms including institutional reforms, legislative reforms, oil/petroleum management, land reforms, environmental protection, wealth sharing and revenue allocation, public expenditure, borrowing, public finance management and enterprises development funds. 

As you may all know by now, some good progress is being made in this regard. The Revitalized Transitional Government of National Unity has initiated a number of reforms in Public Financial Management including operationalization of the treasury single account, creation of the Public Procurement and Asset Disposal Authority and review of several legislation including the Public Financial Management Act, National Audit Chambers  Act, Petroluem Act, Petroluem Revenue Management Act, and the Anti-Corruption Commissions Act. 

All these laws have now been reviewed by the National Constitutional Amendment Committee (NCAC) which has drafted Amendment Bills and handed them over to the Minister of Justice and Constitutional Affairs. These laws have been amended to align them with the Revitalized Peace Agreement and international best practices in order to ensure transparency and accountability. In the case of the Anti-Corruption Commission Bill, once enacted, the Commission will be reconstituted in accordance with the amended Act fully empowered to fight corruption and it will have all our support, consequently, South Sudan will have some of the most progressive and effective legal frameworks in the management of public finances and resources, including in the fight to combat corruption.  What will remain however will be their full implementation and for this to happen, we must all play a role. 

Therefore, the theme chosen for today’s celebration is particularly relevant for South Sudan, that is: “Your Role, Your Right. Say No to Corruption, Your No Count”.  We are all being called to action.

Excellencies, Ladies and Gentlemen

As we mark this international day, dedicated to highlight the rights and responsibilities of all stakeholders-including states, government officials, civil servants, law enforcement officers, media, private sector, civil society, academia, women, youth, and the public generally in tackling corruption, let it begin with us here. Let us all say no to corruption.

RJMEC would like to use this opportunity to appeal to the RTGoNU, in particular to the Honorable Justice Ruben Madol Arol, Minister of Justice and Constitutional Affairs to expeditiously present all the amendment bills already submitted to him, by the NCAC to the Council of Ministers and table the same before the reconstituted TNLA for enactment soonest possible. Further, we appeal to the Honorable Madam Speaker to forward the Constitution Bill to H.E. the President for assent. The enactment of these pending laws and the assent of the Constitution Bill will lay a firm foundation for transparency and accountability in the Republic of South Sudan and aid our collective efforts towards implementation of the Peace Agreement for a democratic process of governance that is able to combat corruption.

As I conclude, I appeal to our regional and international partners to support the efforts of the Government and people of South Sudan to curb this vice of corruption, by building capacitie of critical institutions, like the Anti-Corruption Commission and Audit Chambers and put in place the necessary systems to investigate and curb the multifaceted challenges of corruption, including by sharing best practices.”

I thank you all and wish you a successful event.

 

 

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.        I welcome you all to the 25th meeting of the RJMEC. We last met on 17 November, four weeks ago, and we are here today following a period of focused and intense regional engagements. There have been recent meetings of the IGAD Council of Ministers, the African Union Peace and Security Council, and the United Nations Security Council, during which the fast-tracking of the peace process in the Republic of South Sudan has been top of the agenda, as it was at the recent Sixth Governor’s Forum. 

2.        On 30 November 2022, RJMEC attended and engaged with the IGAD Council of Ministers at its 48th Ordinary Session in Khartoum, Sudan, and addressed the African Union Peace and Security Council on the same day. I also briefed the UN Security Council last night. 

3.        With respect to the IGAD meeting, allow me to highlight some of the critical resolutions made concerning implementation of the Revitalised Peace Agreement: 

a) the Council welcomed the roadmap; 

b) urged the RTGoNU and Parties to implement the Roadmap in letter and spirit; 

c) decided to undertake a joint ministerial visit to Juba; 

d) to hold a bi-annual Extraordinary IGAD Council of Ministers meeting to review progress in implementation of the Revitalised Peace Agreement; and 

e) to convene a meeting of the IGAD Chief of Defence Forces to assess the immediate needs of CTSAMVM.

4.        Regarding the AU Peace and Security Council meeting held on 30 November, it reiterated the commitment of the AU as a guarantor of the Revitalised Agreement, requested that its Panel of the Wise visit South Sudan, and it also decided to undertake a solidarity visit to South Sudan on the third anniversary of the formation of the Transitional Government on 22 February 2023. Clearly, RJMEC’s appeals regarding the importance of consolidating our efforts, speaking with one voice, and bringing our collective leverage to bear and push for timely implementation of the Roadmap has been taken seriously, and this augurs well for South Sudan.

5.        I also had the opportunity recently of briefing the President of the Republic of Kenya, H.E. Dr. William Ruto, on issues related to the Revitalised Peace Agreement. Furthermore, the holding of the Inter-Parliamentary games here in Juba, featuring so many Members of Parliament from the East African region, is a very positive signal. 

6.        The leaderships in the region and beyond have shown their determination to urgently build on recent progress in order to push for more implementation. Therefore, it is incumbent upon the Revitalised Transitional Government of National Unity (RTGoNU) to match that level of determination in the pace of implementation of the Roadmap. 

7.        Furthermore, the recently concluded Sixth Governor’s Forum, with the theme ‘Accelerating the implementation of the Revitalised Peace Agreement in accordance with the Roadmap 2022’, also provided a high-level platform to deliberate the issues which are critical to the timely implementation of the Agreement. 

8.        Thus as we come to the close of the year 2022, my statement this morning will only highlight the most recent developments in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) in accordance with Roadmap since our last Plenary. I will focus on progress made, outstanding tasks within the Roadmap timeframe, and conclude with recommendations.

Excellencies, Ladies and Gentlemen,

9.        First, governance. Since we last met, the National Constitutional Amendment Committee (NCAC) has made significant progress drafting key priority legislation, with the National Elections Act 2012 and Anti-Corruption Commission Act 2009 both recently completed and submitted to the Minister of Justice and Constitutional Affairs. Additionally, the NCAC has begun its review of the National Revenue Authority Act, and the Bank of South Sudan Act, and the Banking Act to ensure alignment with the R-ARCSS. That said, these bills are yet to be presented to the Council of Ministers or tabled to the Transitional National Legislature.  I urge further progress in this regard.

10.    Next, security. The graduation on 21 November in Malakal, Upper Nile State, brings the total of those graduated in Phase 1 of the unification of forces to approximately 49,000 out of the target 53,000. As reported at the last Plenary, commencement of Phase 2 of forces was to have begun by 30 September 2022. It is expected that Phase 2 will involve troops assembling in the Cantonment Sites with weapons ready to move to training areas. I look forward to receiving an update from the Joint Defence Board.

11.    Next, regarding CTSAMVM verified violations of the Transitional Security Arrangements. In my last plenary statement, I highlighted two violation reports, namely, Sexual and Gender Based Violence in Koch and Leer Counties of Unity State, and the torture and killing of three civilians in Kiri Boma of Kajo Keji County, Central Equatoria State. I would like to report that RJMEC received a response from the SSPDF Chief of Defence Forces on the latter, who informed us that the investigation was concluded, and the matter is before the court. In the same vein, it is important that RJMEC’s other letters about violation reports are responded to. 

12.    Since the last Plenary, CTSAMVM has written further violation reports about denial of access, information and harassment of CTSAMVM personnel at Wunliet Cantonment Site in Central Equatoria State, and recruitment and training in Northern Bahr el Ghazal state. CTSAMVM will provide further details. 

13.    As highlighted in our recent joint statement of RJMEC, UNMISS, the African Union Mission in South Sudan, IGAD, and some members of the international community, RJMEC is deeply concerned over the escalating violence in both Upper Nile and Jonglei States with innocent lives being lost, thousands displaced, livelihoods and property destroyed. If not addressed urgently, the wider ramifications of such violence could destabilize the ongoing implementation of the Peace Agreement. It is important that CTSAMVM, which reports to RJMEC, be given the necessary resources to investigate and evaluate such incidents of violence. 

14.    In terms of humanitarian affairs, according to UN OCHA, an estimated 9.4 million people are expected to have humanitarian and/or protection needs in 2023, an increase of half a million people since 2022. As we know, there are growing concerns that the magnitude and severity of humanitarian needs are persistent and rising. Therefore, I would like to reiterate the importance of the establishment of the Special Reconstruction Fund, a critical coordinating mechanism for recovery and development efforts. I appeal to the RTGoNU to establish the Board of the Special Reconstruction Fund, and for it to work closely with partners to mobilise the requisite resources, including through the South Sudan pledging conference.

15.    On the management of economic and financial resources, it is encouraging to note that overall, the RTGoNU has registered some milestones in policy reviews and the management of natural resources, agricultural policies, strategies and programmes. The National Land Policy is now in its final stage. However, the policy for the management and use of the country’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.

16.    On Chapter 5, transitional justice, RJMEC expects public consultations with refugees and persons in the diaspora to commence soon to further guide the drafting of the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH). The Ministry of Justice continues to undertake expert consultations that will inform the Compensation and Reparation Authority (CRA) legislative framework. RJMEC urges the Ministry to complete this phase of the process and expedite the drafting of the CTRH and the CRA Bill.

17.    On Chapter 6, the parameters of the permanent constitution, I am informed that the Constitution-making Process Bill 2022 passed by the Transitional National Legislature (TNL) has not yet been submitted to the President for assent to become law. This is important to kickstart the reconstitution and appointment of the relevant institutions essential for the making of the new constitution, which include the National Constitutional Review Commission, the Preparatory Sub-Committee for the convening of National Constitutional Conference, and then, the Constitution Drafting Committee.

18.    Meanwhile, it is important to note that the Agreement institutions and mechanisms, such as the NCAC, Judicial Reform Committee, CTSAMVM, among others, are critical to the ongoing implementation of the Agreement. It is essential that the allowances of their national members continue to be paid in order to facilitate their work, and I would like to receive a report from the National Transitional Committee on this matter. 

Excellencies, Ladies and Gentlemen,

19.    As I have said previously in this forum, peaceful and democratic elections are within our reach, and are possible in the next 24 months, if we focus our collective efforts on facilitating progress. My recommendations to the RTGoNU are as follows:

a)   adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks; 

b)   urge the reconstituted TNL to expedite the processing of all Bills before the Legislature;

c)    commence with Phase 2 of the unification of forces, which is overdue, and avail funding and political support to the DDR programmes, which is an essential component of the unification of forces; 

d)   address subnational violence, especially in Upper Nile and Jonglei States, hold perpetrators accountable, and take steps to address the root causes and protect civilians and their property;

e)   kickstart preparations for the reconstitution and appointment of the critical Constitution Making mechanisms and institutions, including giving due attention to the 35% level of women’s participation, as well as taking note of youth and people living with disabilities; and

f)    take note of both the communiques from the 48th Ordinary Session of the IGAD Council of Ministers and the 1123rd meeting of the AU PSC from their 30 November meetings on South Sudan.

20.    In conclusion, I would like to highlight the first resolution of the Sixth Governor’s Forum, which affirmed the “commitment of the States and the Administrative Areas to implementation of the R-ARCSS through the Roadmap 2022.” With this in mind, and against the backdrop of the diplomatic support affirmed at the recent IGAD, AU Peace and Security Council and UN Security Council meetings, RJMEC expects that progress should be more rapid and substantial in the new year 2023. 

21.    As I told the Governor’s Forum, there are immense tasks and expectations ahead, and even with the extension, time is of the essence. The people of South Sudan deserve nothing less than total implementation of the Roadmap in letter and spirit in order to enjoy the peace dividends that it brings.

22.    I would like to finally take this opportunity to wish each one of you a very Merry Christmas, and may the New Year bring you the strength and impetus to continue with the important work of building durable peace in South Sudan.

I Thank You.

-       President of the UN Security Council,

-       Distinguished Members of the Council,

-       Excellencies,

-       Distinguished Ladies and Gentlemen,

1.   It is my pleasure to brief the Security Council today, which is just over nine months since I last briefed this august Council. I would like to take this opportunity to thank this Council for the invitation, expressed in UNSC Resolution 2633, adopted on 26 May 2022, to “share relevant information with the Council, as appropriate, on its assessment of the parties’ implementation of the Revitalised Agreement, adherence to the Cessation of Hostilities Agreement, and the facilitation of unhindered and secure humanitarian access.” Furthermore, article 7.9 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) mandates us to report, inter alia, to this Council every three months. 

2.   The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) is the official oversight body mandated to monitor, evaluate, and report on the implementation of the Revitalised Agreement. RJMEC oversees the mandate and tasks of the Revitalised Transitional Government of National Unity (RTGoNU), including the adherence by the Parties to the agreed timelines and implementation schedule. RJMEC is comprised of 43 members, as per article 7.2, including the Parties to the Agreement, other South Sudanese stakeholders, regional guarantors, UNMISS, IGAD countries, the AU, People’s Republic of China, and the Troika, all of which participate in the delivery of our mandate.  

3.   My briefing to this Council will focus on the key milestones achieved in the implementation of the Revitalised Peace Agreement since my last report in March 2022, and critical pending tasks. I will also highlight challenges, and conclude with my recommendations.

 Mr. President

4.   As reported to this Council in March 2022, due to the slow pace of progress of the implementation of the Revitalised Peace Agreement, RJMEC urged the Revitalised Transitional Government to prepare a roadmap, including its strategy for implementing the Agreement’s critical outstanding tasks. 

5.   The Revitalised Transitional Government duly developed a roadmap setting out the path to peaceful and democratic elections. The Roadmap, entitled “Agreement on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan”, has been endorsed by the RJMEC and ratified by the Reconstituted Transitional National Legislature (TNL) in accordance with Article 8.4 of the Revitalised Peace Agreement. This detailed document, developed and owned by the Parties to the Agreement themselves, contains a wide range of critical tasks and timelines, which, if implemented fully in letter and spirit, would ensure the conduct of peaceful and credible democratic elections in December 2024.  

Mr. President,

6.   I will now give a chapter-by-chapter update on progress. On Governance, the reconstituted Transitional National Legislature (TNL) passed the following bills: the South Sudan People’s Defense Force Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill and the Constitution-making Process Bill. Other bills, such as the National Prisons Service Bill and the Civic Defense Service Bill, are being processed by the TNL.

7.   In addition, the National Constitutional Amendment Committee has reviewed and drafted several amendments to the key priority legislation, including the National Audit Chamber Act, Public Finance Management and Accountability Act, Petroleum Act, Petroleum Revenue Management Act, the National Elections Act and the Anti-Corruption Commission Act. It is currently reviewing the National Revenue Authority Act, the Bank of South Sudan Act, and the Banking Act.

8.   The outstanding governance tasks required by Chapter 1 include the judicial reforms in article 1.17, the completion of reforms of national Institutions and Commissions, listed in article 1.19, and the reconstitution of the Political Parties Council, the amendment of the National Elections Act, and the reconstitution of the National Elections Commission, in article 1.20.   

9.       On the Permanent Ceasefire and Transitional Security Arrangements, the Revitalised Transitional Government resolved the impasse over the Unified Command structure, including the appointments of unified Commanders in April 2022. Furthermore, approximately 49,000 out of 53,000 Necessary Unified Forces of Phase 1 have been graduated. However, Phase 2 of the unification of forces, which will complete the graduation of the Necessary Unified Forces, has not yet begun, and is overdue.  

10.   That said, insecurity persists in some parts of South Sudan. As highlighted in our recent joint statement of RJMEC, UNMISS, the African Union Mission in South Sudan, IGAD, and some members of the international community, RJMEC is deeply concerned over the escalating violence in both Upper Nile and Jonglei States with innocent lives being lost, thousands displaced, livelihoods and property destroyed. If not addressed urgently, the wider ramifications of such violence could destabilize the ongoing implementation of the Peace Agreement. It is important that the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), which reports to RJMEC, be given the necessary resources to investigate and evaluate such incidents of violence. 

11.   There are critical Transitional Security Arrangements tasks which have not yet been completed. They include the funding and operationalisation of Disarmament, Demobilisation and Reintegration Commission programmes, and the Strategic Defence and Security Review, which is critical for security sector reforms.

12.   Regarding Humanitarian Assistance and Reconstruction, some humanitarian corridors remain opened and continue to facilitate free movement of goods, services and people across borders, including the voluntary return of more than 600,000 people since 2018. However, various factors have exacerbated the already dire humanitarian situation in the country. These include prolonged subnational violence; widespread floods; food insecurity; reduced funding and humanitarian access, and lack of basic services. Furthermore, the establishment of the Special Reconstruction Fund, in article 3.2 of the Agreement, a critical coordinating mechanism for recovery and development efforts, is long overdue.  

13.   As for Resource, Economic and Financial Management, it is encouraging to note that the Revitalised Transitional Government has initiated reforms in Public Financial Management, and relevant banking and resource management laws are being reviewed.  Furthermore, policy reviews and the management of natural resources, agricultural policies, strategies and programmes are underway. However, the comprehensive policy for the use and management of the country’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.  

14.   On Transitional Justice, the Revitalised Transitional Government conducted public consultations to help guide the legislation for the establishment of the Commission for Truth, Reconciliation and Healing (CTRH). The drafting of the CTRH Bill and the Compensation and Reparation Authority Bill is ongoing. On the Hybrid Court for South Sudan, the responsibility for its establishment lies with the African Union Commission working with the Revitalised Transitional Government, and this is still pending.

15.   The making of the permanent constitution is critical for guiding the conduct of elections at the end of the Transitional Period and some progress has been made in this regard. On 24 October 2022, the reconstituted Transitional National Legislature passed the Constitution Making Process Bill 2022, but it has yet to be presented to the President for assent. Once signed into law, the Revitalised Transitional Government is expected to reconsitute and appoint all the institutions essential for the making of the permanent constitution.

Mr. President,

16.   During the Roadmap phase, it is critical that the Revitalised Transitional Government provides an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process and expedite implementation of all critical outstanding tasks. 

17.   There is also need for all actors, parties and stakeholders alike, including partners and friends of South Sudan to focus more on facilitating progress. To achieve these, there is need to continue building trust amongst the Parties; enhance capacity of implementers; address subnational violence, and the dire humanitarian situation. Furthermore, RJMEC, and CTSAMVM in particular, face significant operational challenges following the withdrawal of US funding.  

Mr. President,

18.        I would like to close my statement with the following recommendations to this august Council:

a.   increase engagements with the Revitalised Transitional Government to adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks;

b.   urge member states to provide political, technical, and logistical support to the Revitalised Transitional Government for the implementation of the priority areas of the Roadmap, including the DDR process, the Permanent Constitution-making process, and elections;

c.    encourage the Revitalised Transitional Government to ensure civic and political space are guaranteed and protected throughout the country;

d.   appeal to the Revitalised Transitional Government to urgently address the root causes of intercommunal violence and insecurity in the country, especially in Upper Nile and Jonglei States;

e.    further appeal to the Revitalised Transitional Government, in collaboration and support of international partners and friends of South Sudan, to establish and operationalise the Special Reconstruction Fund to  pave the way for the mobilisation of resources for post-conflict recovery and reconstruction; and

f.     appeal to member states to consider political, logistical and financial support to the monitoring and oversight institutions, RJMEC and CTSAMVM, to enhance their operational capabilities.

19.        Finally, Madam President, I would like to appeal to the Council to remain seized of the peace process in South Sudan, and to consider undertaking regular visits to South Sudan as a show of solidarity. IGAD and the AU have responded very positively to RJMEC’s recent appeals for enhanced engagement with South Sudan. The importance of consolidating our efforts, speaking with one voice, and bringing our collective leverage to bear and pushing for timely implementation of the Roadmap cannot be overemphasised.

20.        For the Roadmap to be implemented in letter and spirit within the stipulated timeline, the full support of the Security Council will be of great importance as the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan continues to offer the best opportunity of lasting peace in South Sudan.

 

I Thank You. 

 

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has called on the Reconstituted Transitional Government of National Unity (RTGoNU) to avail a predictable, timely and adequate funding for all Roadmap tasks