Slow pace of TSA implementation concerning
The full implementation of the Transitional Security Arrangements (TSA) as set out in the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) is intended to underpin a stable and secure future for the people of South Sudan, but the slow pace of implementation is concerning.
STATEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 16TH RJMEC MONTHLY MEETING, THURSDAY, 4 FEBRUARY 2021 JUBA, SOUTH SUDAN
STATEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 16THRJMEC MONTHLY MEETING, THURSDAY, 4 FEBRUARY 2021, JUBA, SOUTH SUDAN
HonourableMinisters,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
1. I would like to start by welcoming you to our first monthly meeting of 2021, and by wishing you all a Happy New Year. I hope it will be a year where all of us demonstrate dedication and commitment to achieve the required level of implementation of R-ARCSS. There is need to make progress, and for this to happen the onus is on the RTGoNU to strategise, mobilise the required resources and increase the pace of implementation of the Peace Agreement.
2. This month will mark one year since the formation of the RTGoNU and commencement of the Transitional Period. The question that should be on all our minds is how much progress have we achieved to date, and what tasks lie ahead of us. Since the last monthly meeting, the RJMEC has actively engaged with the Presidency, Parties to the Agreement, regional and international partners, stakeholders and adherents, and relevant RTGoNU line ministries. In addition, RJMEC has written to the Chairperson of the IGAD Heads of State and Government and the Secretary of the IGAD Council of Ministers. The focus of these engagements has been on highlighting critical issues pertaining to the Agreement, and ways to improve on the pace of implementation.
3. Today I will provide an update on the status of implementation of the R-ARCSS since our last monthly meeting, highlight key outstanding issues and recurring challenges and conclude with my recommendations.
Excellencies, Ladies and Gentlemen,
4. On governance, it is encouraging to report that there have been some developments since our last meeting. The Presidency in their fourth meeting on 9 December 2020 discussed and agreed on steps to be taken pursuant to the implementation of the pending governance arrangements, including reconstitution of the Transitional National Legislative Assembly (TNLA), and the Council of States. In view of the above, I welcome the resolutions of the meeting of the Presidency on Tuesday 2 February, and I look forward to their full implementation.
5. On 30 December 2020, the President appointed six Deputy Governors for the states of Eastern Equatoria, Western Equatoria, Jonglei, Lakes, Unity and Western Bahr el Ghazal. Then on 22 January 2021, three Deputy Governors were appointed for Central Equatoria, Northern Bahr el Ghazal and Unity states. Finally, on 29 January 2021, the Governor and Deputy Governor of Upper Nile state were appointed. I note that three of the Deputy Governors are women, of whom two were nominated by the OPP and one by the SPLM/A-IO. However, this falls short of the 35 percent women representation required in the Agreement. There is, therefore, need for more women to be appointed in the state executive positions.
6. Furthermore, on 18 January 2021, the Parties to the R-ARCSS initialled an agreement on responsibility-sharing positions in the three Administrative Areas of Abyei, Greater Pibor and Ruweng. The positions were shared between ITGoNU, SPLM/A-IO, and SSOA.
7. In regard to the nomination of members to the TNLA, it is still the case that only the Former Detainees have submitted the list of nominees to the National Constitution Amendment Committee (NCAC), as per the requirement in the Agreement. I, therefore, urge the I-TGoNU, SPLM/A-IO SSOA and OPP to submit their lists of nominees to the NCAC for their due diligence in order to ensure that the process of reconstitution of the TNLA is completed. I also reiterate my appeal to the Parties to adhere to the 35 percent level of women’s representation in their nominations.
8. Similarly, there are other tasks on governance that require the RTGoNU to expedite their implementation. These include the establishment of the ad-hoc Judicial Reforms Committee (JRC), and restructuring and reconstitution of various Commissions and Institutions at the national level as stipulated in the Agreement.
9. Implementation of the Transitional Security Arrangements (TSA)is intended to underpin a stable and secure future for the people of South Sudan. Unfortunately, there is no progress reported on the training, graduation and redeployment of Necessary Unified Forces (NUF) under Phase I. Outstanding issues are the establishment of a unified command structure for the NUF, and finding a solution to the ‘ranking’ process and the management of excess senior officers.
10. There are also serious ongoing challenges within the cantonment sites and training centres. This fact was emphasised in a joint statement following a recent visit organised by RJMEC, of the AU, the IGAD Special Envoy and the IGAD and AU C5 ambassadors to training centres in Maridi and Rajaf. It was disheartening to observe that a lack of food and other essential resources, such as medicines, shelter and separate facilities for women, has led to the suffering of the trainees, and to some trainees abandoning the training centres. The protracted delays and passing of time without progress is detrimental to lasting peace in South Sudan. Furthermore, implementation of the Disarmament, Demobilisation and Reintegration (DDR) process has not gone forward since my last statement.
11. In an effort to drive forward implementation of the Transitional Security Arrangements, RJMEC convened a joint seminar with the National Transitional Committee, Security Mechanisms and DDR Commission. The seminar examined current and future risks and challenges, set priorities, and agreed on a set of recommendations.
12. Also of importance is the work of the Strategic Defence and Security Review Board (SDSRB), which must finalise the first stage of its tasks by completing the Board Strategic Security Assessment, the National Security Policy Framework and the revised Defence and Security Policy in line with the requirements of the R-ARCSS. Completion of these tasks of the SDSRB is critical to the formation of a unified army and other security services.
13. On sexual and gender-based violence (SGBV), the CTSAMVM Technical Committee produced a report on SGBV incidents and trends. This report is available on the CTSAMVM website. I urge continued focus on investigating, arresting, prosecuting and sentencing perpetrators of SGBV crimes.
Excellencies, Ladies and Gentlemen,
14. On the humanitarian situation, according to OCHA’s recently published Humanitarian Needs Overview, 8.3 million people in South Sudan are estimated to need humanitarian assistance in 2021, up from 7.5 million in 2020. 72 counties are facing extreme needs, five counties are in severe need and one county is in catastrophic need, which is Pibor, Jonglei. This calls for a greater need for funding and humanitarian responses in 2021 on the part of the RTGoNU, in collaboration with the aid agencies.
15. It is also concerning to note that humanitarian workers face increasing numbers of bureaucratic access impediments and security threats. I would like to hear from the RTGoNU which steps are being taken to address the growing concerns of humanitarian access.
16. With regard to economic and financial management, I note the efforts of the Public Financial Management Oversight Committee in building the capacity of the government to implement its reform strategy that is aligned to the R-ARCSS. However, I wish to reiterate the need for the establishment of the Economic and Financial Management Authority (EFMA) to report to the RJMEC on progress in implementation against individual provisions in Chapter 4.
17. I welcome the recently updated annual petroleum reports from the Ministry of Petroleum. The public availability of these reports contributes to increased transparency in the oil sector. I would also like the RTGoNU to provide an update on the status of operationalising the oil revenue funds (Oil Stabilization Account and the Future Generations Fund) and restructuring the National Petroleum and Gas Commission, and the Nile Petroleum Corporation, as required in Chapter 4 of the R-ARCSS.
18. Concerning transitional justice, healing and reconciliation, I am pleased to note that the roadmap for implementation of Chapter 5, proposed by the Minister of Justice and Constitutional Affairs to the Council of Ministers has been endorsed. The Council has now authorised the Minister to establish the Commission for Truth Reconciliation and Healing, the Compensation and Reparations Authority, and the Hybrid Court for South Sudan, in accordance with the R-ARCSS. I appeal to the Minister to commence the stakeholders’ consultations on these three mechanisms and expedite their establishment.
19. With regard to the constitutional making process under Chapter 6, some progress has already been made in preparation towards convening the workshop for the Parties to agree on the details of conducting the Permanent Constitution-making process. This includes two rounds ofsensitisation meetings with some of the representatives of the Parties, the Other South Sudanese Stakeholders and relevant rule of law institutions and mechanisms. In this regard, we appreciate the commitment of the Max Planck Foundation, the institute which RJMEC has engaged to facilitate this workshop.
20. However, the workshop could not take place at the end of January as originally planned, because the ITGoNU did not submit the list of its representatives to the workshop. RJMEC will communicate the new date for the workshop after receiving the list from the ITGoNU. I want to reiterate the importance of this workshop whose outcome will form the basis of the legislation to be enacted to govern the constitutional making process.RJMEC is working closely with the Ministry of Justice and Constitutional Affairs and other relevant actors to make sure that this workshop is a success.
Excellencies, Ladies and Gentlemen,
21. Our latest Quarterly Implementation Status Report is available and I’m confident that you have all received copies. Furthermore, a summary report of the Pre-Transitional Period is also available, and a copy has been provided to you this morning. Overall, progress has been slow, and a lot of ground remains to be covered. As we approach the one-year anniversary of the Transitional Period, I urge you all to take steps that will contribute to increasing the pace of implementation of the Agreement.
22. I note that the RJMEC Working Committees are already meeting, and I thank members for their engagement so far. I appeal to all RJMEC members to continue taking the work of these committees seriously, and to participate fully in their meetings. We will soon organise a review workshop to take stock of the status of the implementation of the Agreement chapter by chapter, and the Working Committees will take lead in this review.
23. I would like to conclude with the following recommendations to this meeting.
a) Urge the Parties to expedite the appointment of all personnel to the government structures at the sub-national level, while observing the 35% level for women’s representation;
b) Prevail on the ITGoNU, SPLM/A-IO, SSOA and OPP to immediately submit their nominations to National Constitutional Amendment Committee in order to facilitate the long overdue reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States, while observing the 35% level for women’s representation;
c) Appeal to the I-TGoNU to immediately submit the list of its representatives to the permanent constitutional process workshop to facilitate timely planning and its convening without delay;
d) Urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, and ensure well-coordinated DDR;
e) Urge the RTGoNU to drive forward the work of the Strategic Defence and Security Review Board (SDSRB), which must finalise the first stage of their tasks in line with the requirements of the R-ARCSS;
f) Urge continued focus on investigating, arresting, prosecuting and sentencing perpetrators of Sexual and Gender-Based Violence crimes, as well as continued training and sensitisation on SGBV issues within the Organised Forces;
g) Urge the RTGoNU to proceed in a timely manner with the establishment of the three Transitional Justice mechanisms, including through public consultation in collaboration with other stakeholders and civil society; and
h) Urge the RTGoNU to avail the necessary resources for the implementation of the Peace Agreement.
24. Lastly, 9 July this year will mark ten years of independence for South Sudan. It is incumbent on all of us to push hard on the implementation of the Revitalised Peace Agreement so that the ten-year celebrations will mark not only the milestone of a decade of independence, but also significant progress in the implementation of the Peace Agreement.
Thank you.
REMARKS BY H.E. MAJ GEN CHARLES TAI GITUAI INTERIM CHAIRPERSON RECONSTITUTED JOINT MONITORING AND EVALUATION COMMISSION PRESENTED AT THE RJMEC JOINT NTC AND SECURITY MECHANISMS SEMINAR, 28 JANUARY 2020 JUBA, SOUTH
REMARKS BY H.E. MAJ. GEN CHARLES TAI GITUAI INTERIM CHAIRPERSON RECONSTITUTED JOINT MONITORING AND EVALUATION COMMISSION PRESENTED AT THE RJMEC JOINT NTC AND SECURITY MECHANISMS SEMINAR, JUBA, SOUTH SUDAN
Honourable Minsters;
Ambassadors and Representatives of the Diplomatic Community;
Distinguished participants of the National Transitional Committee and the Security Mechanisms;
Ladies and Gentlemen,
Good morning.
1. It is my pleasure to welcome you all to this Seminar this morning. We at RJMEC decided to organise this Seminar in accordance with our mandate chapter 7 article 7.6 where it states that inter alia ... “in case of non-implementation of the mandate and tasks of the RTGoNU, or other deficiencies, the RJMEC shall recommend appropriate corrective action to the RTGoNU.” Therefore as peace monitors and evaluators we are obligated to oversee the implementation of the Agreement within the agreed timelines and implementation schedule.
2. Consequently, RJMEC decided to conduct this one-day seminar, following our assessment and evaluation, from the beginning of the Transitional Period and up to now, we have observed that there has been a significant decline in the pace of implementation of the Permanent Ceasefire and Transitional Security Arrangements (PCTSA) as envisaged in Chapter Two of the Agreement. This being a critical Chapter in the overall success of the implementation of the Peace process, raises concerns, as its failure would no doubt threat the security situation in the country and undermine the nation's hope for enduring peace in South Sudan.
3. Permanent Ceasefire and the Transitional Security Arrangements (PCTSA) are a fundamental building block of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). The success of the implementation of Chapter Two will create the foundation upon which security of all other chapters will operate; and it is an assurance of a stable nation, as Unified Forces signifies the National Unity and a symbol of nationhood, where security forces are loyal to the Constitution and to the country with one Commander in Chief who is also the Head of State.
4. However, RJMEC, as monitors and evaluators of the peace process, we have clearly seen that the training of the National Unified Forces has stalled. As we witnessed for ourselves on Saturday 23 January 2021 at both Maridi and Rajaf training centres when RJMEC conducted a joint field visit with the IGAD Special Envoy for South Sudan and the head of the African Union Mission in South Sudan, the IGAD Ambassadors and C5 African Ambassadors, and also including other areas that RJMEC have visited in different occasions like Mapel and others.
5. RJMEC’s assessment has come up with three areas that are of critical concern and will be the basis of our discussion today among others. These areas are:
a) Failure of cantonment;
b) Stalling of NUF Training, graduation and redeployment; and
c) Defections/Changes of Allegiance.
6. During the previous visits to the training areas, the soldier’s expectations of graduation and deployment was very high as well as their morale, as they foresaw a new dawn in their military careers. Now there are reports of morale reaching low levels in the poorly supplied Cantonment sites, and reports of trainees abandoning poorly supplied training centres in search of food. To date no graduation or redeployment plans have been published. Problems of diseases and lack of medicine and many other problems which no doubt, we will hear more about during the course of this Seminar.
7. Other reports indicate an increase in defections / changes of allegiance amongst some commanders and their troops which undermines the unification process. RJMEC has made its position very clear on defections or changes of allegiance in many other occasions and has previously stated that “the Revitalised Peace Agreement in South Sudan has made commendable progress in the past two years since its signing and this must not be allowed to weaken because of instability caused by defections or accepting defections, which is contrary to the letter and spirit of the Agreement.”
8. The aim of this Seminar therefore, is to determine the status of the PCTSA, the current and future challenges, to set priorities and to agree on solutions and proposals to keep the Permanent Ceasefire and Transitional Security Arrangements on track. I am hopeful that there will be full participation and open contributions from everyone present and we look forward to the briefings and reports from the NTC, the Security Mechanisms and the DDR Commission to enable us to take proper stock.
9. Next month marks one year of the formation of RTGoNU, other chapters have progressed, however slowly, but chapter two seems to be the slowest yet as military we should have led the way with others to follow as our mantra! This year, in July, marks ten years of independence, it is our hope that a strong push from all of us here and South Sudan’s political leaders will go a long way to ensuring that 11 July 2021, will see a celebration of progress in the implementation of the peace agreement.
I thank you.
JOINT STATEMENT BY THE AU, IGAD AND C5 AMBASSADORS ON THE STATUS OF PCTSA, FOLLOWING VISIT TO TRAINING CENTRES
The Permanent Ceasefire and the Transitional Security Arrangements (PCTSA) are a fundamental building block of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). Its full and timely implementation is intended to underpin a stable future for the people and country of South Sudan, and it is a key part of avoiding repetition of past mistakes, and achieving a united, peaceful and prosperous society throughout the country.
On Saturday 23 January 2021, almost one year into the Transitional Period, we, the IGAD Special Envoy for South Sudan, the representatives of Ethiopia, Kenya, Somalia, Sudan, Nigeria and the African Union Mission in South Sudan, undertook a field visit to Maridi, Western Equatoria, and Rajaf, Central Equatoria. The objective of the mission, which was organised by the Interim Chair of RJMEC, was to see for ourselves the status and conditions of the training centres, which is where troops for the Necessary Unified Forces (NUF) are trained. Establishing the NUF is the first phase of establishing an overall unified army of South Sudan.
Unfortunately, since the beginning of the Transitional Period in particular, there has been slow progress in the pace of implementation of the PCTSA, a fact which in turn threatens the security situation, and undermines the nation's hope for peace in South Sudan. Clearly, the training of the NUF has stalled, as we witnessed on 23 January 2021 at both Maridi and Rajaf training centres.
It is disheartening to note that a lack of food and other essential resources, such as medicines, shelter and separate facilities for women, has led to suffering of the trainees, and to some trainees abandoning the training centres. Unsurprisingly, morale in the training centres has significantly declined. We understand that a similar situation exists in cantonment sites.
Furthermore, no NUF graduation or redeployment plans have been published to date by the Ministry of Defence or the Security Mechanisms. Based on these facts we think that the process of the unification of forces is not going in the right direction as envisaged in the R-ARCSS.
We firmly believe that the full implementation of the PCTSA is the best way to help ensure stability across South Sudan. We look to the government, and in particular the Presidency, to drive the PCTSA forward, and to engender the political will necessary across all implementing Agreement institutions and mechanisms to make up for lost time and implement the PCTSA fully in letter and spirit.
Accordingly, we have two recommendations which we hope will help to improve the situation in the near-term. They are:
1. Improve conditions in Training Centres by providing adequate food and other essential supplies; and
2. Accelerate the graduation of the NUF and publish their redeployment plan.
We believe that the successful implementation of PCTSA is a guarantee to a permanent foundation of enduring peace in the South Sudan. Protracted delays and passing of time without progress is detrimental to the overall situation in South Sudan. It is high time for positive willpower and an attitude of collaboration, respect and problem-solving, which can overcome impasses. Nothing durable is built without effort and hard work, which as we know requires cooperation, consensus, coordination, concession, compromise and sacrifice to ensure success in the peace process. Increased confidence-building among the Parties will underpin these key elements.
We are all signatories to the R-ARCSS. We look forward to the Presidency of South Sudan to give the PCTSA the full attention it merits because the stability of the country is the clearest and nearest path to prosperity for all South Sudanese people. As in the past, our countries stand ready to assist our brothers and sisters of South Sudan to achieve lasting and enduring peace. Later this year, on 9 July 2021, South Sudan will reach the milestone of ten years of independence, and there can be no better way to celebrate this than significant progress in the implementation of the R-ARCSS, including with the PCTSA.
Sincerely, we the undersigned.
Ambassador Professor Joram Biswaro, Head of African Union Mission in South Sudan
Ambassador Ismail Waiss, IGAD Special Envoy for South Sudan
Ambassador Hussein Mahamud, Ambassador, Embassy of Somalia
Mr Gamal A.M. Goraish, Chargé D'Affaires, Embassy of Sudan
Mr Ali Mambo, Counselor, Embassy of Kenya
Mr Alemayehu Chasa, Defence Attaché, Embassy of Ethiopia
Mr Judah Ugochukwu, Political Officer, Embassy of Nigeria
Major General Charles Tai Gituai, Interim Chairperson of RJMEC
Training of forces stalled, PCTSA implementation slowest
The training and redeployment of the National Unified Forces (NUF) has stalled, RJMEC Interim Chairperson H.E. Maj. Gen (Rtd) Charles Tai Gituai has said.
TRAINING OF THE NATIONAL UNIFIED FORCES (NUF) HAS STALLED, PCTSA IMPLEMENTATION SLOWEST
The training and redeployment of the National Unified Forces (NUF) has stalled. This follows an assessment by the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). In addition, the RJMEC has noted a significant decline in the pace of implementation of the Permanent Ceasefire and Transitional Security Arrangements (PCTSA) as envisaged in Chapter Two of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS).
Of critical concern, the Commission noted, are the failure of cantonment, the stalling of NUF training, graduation and redeployment, and defections / changes of allegiance, which undermine the unification process.
Speaking during a one-day seminar organised by RJMEC that brought together the National Transitional Committee (NTC), the Revitalised Agreement security mechanisms and other key stakeholders, RJMEC Interim Chairperson H.E. Maj. Gen (Rtd) Charles Tai Gituai said:
“There are also reports of morale reaching low levels in the poorly supplied Cantonment sites, and reports of trainees abandoning poorly supplied training centres in search of food. To date no graduation or redeployment plans have been published.”
“Next month marks one year of the formation of Revitalized Transitional Government of National Unity (RTGoNU), other chapters have progressed, however slowly, but Chapter Two (of the Revitalised Peace Agreement), critical in the overall success of the Peace process, seems to be the slowest,” he said.
The seminar’s aim was to determine the status of the PCTSA, the current and future challenges, to set priorities and to agree on solutions and proposals to keep the Permanent Ceasefire and Transitional Security Arrangements on track.
The RJMEC Interim Chairperson continued: “The success of the implementation of Chapter Two will create the foundation upon which security of all other chapters will operate; and it is an assurance of a stable nation, as Unified Forces signifies the National Unity and a symbol of nationhood, where security forces are loyal to the Constitution and to the country with one Commander in Chief who is also the Head of State.”
As the country marks ten years of independence in July 2021, Maj. Gen. Gituai said, “it is our hope that a strong push from all of us here and South Sudan’s political leaders will go a long way to ensuring that 9 July 2021, will see a celebration of progress in the implementation of the peace agreement.”
ENDS
TRANSITIONAL SECURITY ARRANGEMENTS UNDERPIN STABLE, SECURE SOUTH SUDAN; SLOW PACE OF PEACE IMPLEMENTATION CONCERNING
Communication Office
PRESS RELEASE
(For Immediate Publication)
Thursday, 04 February 2021 , Juba, South Sudan
Transitional Security Arrangements underpin stable, secure South Sudan; slow pace of peace implementation concerning
The full implementation of the Transitional Security Arrangements (TSA) as set out in the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) is intended to underpin a stable and secure future for the people of South Sudan, but the slow pace of implementation is concerning.
Speaking during the 16thReconstituted Joint Monitoring and Evaluation Commission (RJMEC) monthly meeting in Juba on Thursday 4 February 2021, Interim Chairperson Maj. Gen. Charles Tai Gituai reiterated that implementation of the TSA as envisaged in the R-ARCSS is vital. However, he told the meeting that “no progress is reported on the training, graduation and redeployment of Necessary Unified Forces (NUF) under Phase I.” He warned that “protracted delays and passing of time without progress is detrimental to lasting peace in South Sudan.”
Outstanding issues, he conitnued, include the establishment of a unified command structure for the NUF (Necessary Unified Force), and addressing the ‘ranking’ (of personnel) process and the management of excess senior officers.
Reporting to the meeting about a recent visit to training sites for the NUF, the RJMEC Interim Chairperson said: “It was disheartening to observe that a lack of food and other essential resources, such as medicines, shelter and separate facilities for women, has led to the suffering of the trainees, and to some trainees abandoning the training centres.” Gen. Gituai urged the RTGoNU to avail the necessary resources for the implementation of the Peace Agreement, including the TSA.
In addition, the Interim Chairperson raised concerns about insufficient women’s representation as required in the Revitalised Peace Agreement, urging the Parties to expedite the appointment of all personnel to the government structures at the sub-national level, while observing the 35% level for women’s representation.
Further, the Interim Chairperson called for continued focus on the investigation, arrest, prosecution and sentencing of perpetrators of Sexual and Gender-Based Violence (SGBV) crimes, as well as continued training and sensitisation on SGBV issues within the Organised Forces.
In his recommedations to the meeting, the Interim Chairperson called on the ITGoNU (Incumbent Transitional Government of National Unity), SPLM/A-IO, SSOA (South Sudan Opposition Alliance) and OPP (Other Political Parties) to submit their nominations to National Constitutional Amendment Committee (NCAC).
This is in order to facilitate the reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States, while observing the 35% level for women’s representation. He also appealed to the ITGoNU to “submit the list of its representatives to the permanent constitutional process workshop to facilitate timely planning and its convening without delay.”
Finally, as the country looks forward to marking ten years of independence for South Sudan on 9 July 2021, the Interim Chairperson said: “It is incumbent on all of us to push hard on the implementation of the Revitalised Peace Agreement so that the ten-year celebrations will mark not only the milestone of a decade of independence, but also significant progress in the implementation of the Peace Agreement.”
ENDS
RJMEC Chairperson H.E. Maj. Gen. Charles Tai Gituai, end Year Statement 2020
END OF YEAR STATEMENT TO THE RJMEC MEMBERS BY H.E. MAJ. GEN. CHARLES TAI GITUAI INTERIM CHAIRPERSON OF THE RECONSTITUTED JOINT MONITORING AND EVALUATION COMMISSION 15 DECEMBER 2020 JUBA, SOUTH SUDAN
End of Year Statement to the RJMEC Members, By H.E. Maj. Gen. Charles Tai Gituai
Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission. 15 December 2020 Juba, South Sudan
Excellencies, Distinguished Ladies and Gentlemen,
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As a challenging year draws to a close, it is an opportunity to reflect not only on where we have been, but where we are going with respect to the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This year 2020, started with some moderate progress. On 15 February 2020, the issue of the number of states and their boundaries was resolved with a decision by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, to revert the country to ten states. This welcome compromise paved the way for the formation of the Revitalised Transitional Government of National Unity (RTGoNU) on 22 February and the establishment of the Council of Ministers on 17 March 2020.
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However, since that time, real progress in implementation of the Revitalised Peace Agreement has been dispiritingly slow. Notwithstanding the outbreak of the COVID-19 pandemic, the full implementation of the Peace Agreement remains the single most important aspiration of the people of South Sudan. I therefore urge all the Parties, stakeholders, all partners, friends and the people of South Sudan, not to lose sight of this goal. The implementation of the R- ARCSS is important to lay a firm foundation for the conduct of democratic elections at the end of the Transitional Period.
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Onseveraloccasions,Ihaveurgedforthepaceofimplementationtoincrease, but this has not happened, and much of the same issues are still outstanding even as 2020 draws to a close. I will therefore set out my expectations for the coming year 2021, which I hope all Parties and partners in the Peace Agreement will approach with renewed vigour and determination. The achievement of the outstanding tasks will set the foundation for trust building, and confidence, which will contribute to sustainable peace in South Sudan.
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On the issue of governance arrangements, it is important that the matter of the appointment of the governor of Upper Nile State is resolved in the earliest time possible, given that it is long overdue. However, I am encouraged to learn that last week, the Presidency met and discussed the matter in an effort to find a solution. The other key outstanding governance tasks include the reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States – two critical legislative institutions of government.
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Under Article 1.18.1.4 the National Constitutional Amendment Committee (NCAC) is mandated to receive a list of nominees of respective parties relating to the appointment of members to the reconstituted TNLA. All Parties that have not yet submitted their list of nominees to the NCAC should do so without any further delay. Establishing and staffing the entire structures of the RTGoNU and making them operational will enhance the normal functioning of government at all levels. I would also like to urge the Parties to observe the35% level of women’s representation throughout the establishmentand reconstitution of Government structures.
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On the issue of transitional security arrangements, critical tasks, which were carried forward from the Pre-Transitional Period remain incomplete. It is important to fast track and complete the training, graduation and redeployment of the Necessary Unified Forces (NUF) under Phase I and also to expedite Phase II. I expect that the recent senior military leadership training conducted in Nairobi, by the United Nations Institute for Training and Research (UNITAR) in collaboration with RJMEC, will help the Parties to address the issue of unified command.
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Equally important to the security arrangements is the implementation of a well-coordinated Disarmament, Demobilisation and Reintegration (DDR) process. In all cases, the RTGoNU must allocate the necessary funding and resources. It is also imperative that the Strategic Defence and Security Review (SDSR) Board complete a review of the security policy framework and develop a white paper on defence and security. These will underpin reforms in the security sector in the country. Furthermore, I hope and expect that the Rome Process will contribute to a reduction in the levels and incidents of violence, attributed in part to the activities of the hold-out groups, particularly in the Greater Equatoria Region. Defections, especially of military personnel amongst the peace partners is completely unacceptable and contrary to the letter and spirit of the Agreement and must not be encouraged.
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On the issue of Sexual and Gender-Based Violence (SGBV), I am encouraged by the recent steps taken to curb it, including SGBV training to the forces and the operationalisation of dedicated SGBV courts. These efforts must be further strengthened in 2021.
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10.On humanitarian assistance and reconstruction, I express appreciation for assistance given by all stakeholders and urge for continued support. It is important that all stakeholders adhere to the agreed principles for humanitarian assistance and reconstruction set out in Chapter III of the R- ARCSS. In this regard, I call for unrestricted access for humanitarian aid workers, removal of bureaucratic impediments, and continued efforts to address community-based and sub-national violence. In addition, there is urgent need to implement the National framework for return, reintegration and relocation of refugees and internally displaced persons. It is also important to immediately establish the Special Reconstruction Fund to pave way for the convening of the Donor Pledging Conference that will raise funds to support the implementation of the Agreement.
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11.On the Economy, a lot of work still remains to be done including the need to establish the Economic and Finance Management Authority (EFMA). I welcome the commitment expressed by the Minister of Finance to align the R- ARCSS to the National Development Strategy 2018-2021. I look forward to the completion of this process, which will also clarify the financing needs of the implementation of the Agreement. I also take note of the progress being made in areas of Public Financial Management reforms in cooperation with development partners and encourage further reforms in this direction. In view of the above, I welcome the progress made by the NCAC on reviewing and amending the Public Financial Management Act and the Audit Chamber Act and I look forward to these bills becoming laws to enhance transparency and accountability .
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12.With regard to the need for transitional justice, accountability, reconciliation and healing, there is need to immediately begin public consultations and make progress in establishment of the mechanisms as provided for under Chapter V of the Agreement. The participation of all stakeholders and civil society in this process will be critical and the RTGoNU should fully cooperate with the African Union Commission to expedite the establishment of the Hybrid Court for South Sudan.
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13.With regard to the making of a permanent constitution, as provided for under Chapter 6 of the R-ARCSS, I am encouraged to see that consultations towards the convening of the workshop for the parties to agree on the details for the constitutional-making process have begun. I call upon all parties to engage constructively and agree on a roadmap that will make the constitution-making process inclusive and participatory, within the timeline and parameters envisaged by the R-ARCSS.
Excellencies, Ladies and Gentlemen,
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14. Let us use this Christmas season as a period of reflection. May we all recommit ourselves to the pursuit of peace and return in the new year refreshed and ready to go the extra mile. I take this opportunity to thank all RJMEC members for the cooperation exhibited in what has been a very challenging time. I also extend our commendation to the leadership of the RTGoNU and the people of South Sudan for staying the course of peace. I wish you all good health and look forward to working closely together for more progress in the year ahead. Merry Christmas and a peaceful New Year 2021.
Thank you.
Good financial laws will ensure “transparent and accountable management of public finances and resources”
Review of South Sudan financial laws will ensure transparent and accountable management of public finances and resources, the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) has said.
ST A TEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 15th RJMEC MONTHLY MEETING Thursday, 26 November 2020 Juba, South Sudan
Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,
Good morning.
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Since our last meeting, I have held numerous consultations with the Parties to the Agreement, IGAD Regional Guarantors and the International Community to discuss the status of implementation of the R-ARCSS. I also had the opportunity to meet the IGAD Chairperson, H.E. Abdalla Hamdok, Prime Minister of the Republic of Sudan, where we discussed recent developments and challenges to the implementation of the Agreement. The IGAD Chairperson took note of the progress made so far, and expressed his support for RJMEC efforts in ensuring focused and impartial monitoring and evaluation of the implementation of the Agreement. Overall, it is clear that a lot of work remains to be done.
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Therefore, in my statement today, I will highlight the key issues regarding the status of implementation of the Revitalised Peace Agreement since our last monthly meeting, including some recurring challenges, and I will then conclude with my recommendations on the way forward.
Excellencies, Ladies and Gentlemen,
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Firstly, on governance. I take note of some progress that has been reported, particularly on the efforts by the inter-party ‘High-Level Committee for the Establishment of State and Local Government Structures and Responsibility Sharing’ in negotiating various positions at the sub-national level. I urge the Parties to fill all the various positions that have already been agreed upon and resolve the outstanding ones.
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In addition, the appointment of the governor of Upper Nile State remains outstanding. I have been informedon numerous occasions that negotiations between the concerned parties are ongoing. I therefore reiterate my previous appeals to the highest political leadership of the country to find compromise and appoint the governor of Upper Nile state. I am hopeful this will help address the instability in the state. The other key outstanding governance tasks include expansion and reconstitution of the Transitional National Legislative Assembly (TNLA) and reconstitution of the Council of States – two critical legislative institutions of government. Establishing and staffing the entire RTGoNU structures and making them operational will enhance the normal functioning of government at all levels. I would like also to urge the Parties to observe the 35% level of women’s representation throughout the establishment and reconstitution of Government structures.
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5.Furthermore, the restructuring or reconstitution of the Commissions and Institutions provided for in the Agreement (Article 1.19) is behind schedule, in particular the Anti-Corruption Commission, the Judicial Service Commission and the National Audit Chamber. Once restructured or reconstituted, these Institutions and Commissions will promote accountability and transparency at all levels of Government. I expect to hear from the RTGoNU the progress on this matter.
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With regards to the chapter on the Permanent Ceasefire and Transitional Security Arrangements, my previous statement raised the issue that the unification of forces and their reorganisation into the Necessary Unified Forces (NUF), aPre-Transitional task carried forward to the Transitional Period, was behind schedule. Though I understand that there are efforts on the part of the Joint Defence Board (JDB) and the Joint Transitional Security Committee (JTSC) to graduate and redeploy unified forces from some training centres in the Equatorias, I would like to hear the plans from the JDB on graduation and redeployment of all trained unified forces.
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Furthermore, key questions remain as to command structures and ranks,which will require considerable reorganisation to be accommodated in the unified forces. I also expect to hear from the JDB this morning about progress in this area. The situation in both training centres and the cantonment sites continues to be of serious concern, with more recent reports from CTSAMVM indicating that food, medicines and other essential resources remain in scarce supply, resulting in some ex-combatants abandoning cantonment sites and training centres. I urge the RTGoNU to avail the adequate funding, and commit to driving the implementation of the Transitional Security Arrangements (TSA) forward at a faster pace.
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8. On the issue of Sexual and Gender Based Violence (SGBV), I was pleased to note that a workshop for the SSPDF training of trainers on conflict related Gender based and sexual violence was conducted in October as part of the SSPDF Action Plan on “Addressing Conflict-Related Sexual Violence.” It is expected that the new trainees will now be able to impart the knowledge acquired to the rest of the SSPDF forces and this capacity to be further increased. I urge the JDB to follow this matter and report in the next monthly meeting on the progress. Other organised forces are also urged to do likewise.
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9. Regarding the inclusion of the holdout groups into the peace process, I can report that the CTSAMVM Technical Workshop was conducted from 9 – 13 November in Rome, Italy. Its aim was to implement the Rome Resolution for the inclusion of South Sudan Opposition Movement Alliance (SSOMA) into CTSAMVM structures. I expect CTSAMVM to provide more details. I urge the concerned parties to make the most of this opportunity for peace, commit to their fullest in letter and spirit, and observe all the required timelines. I am encouraged that the parties will continue their engagement next week in Rome.
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10. Disarmament, demobilisation and reintegration (DDR) for ex- combatants remains an integral part of the unification process. I welcome the technical support and assistance currently being provided by UNDP and UNMISS to the DDR Commission. However, it continues to face severe challenges which need to be addressed, and I expect to hear more on this matter from the DDR Commission. The DDR process has to go hand in hand with the unification process to train and provide alternative means of livelihood to ex-combatants that are not eligible to join the unified force.
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11. It is concerning to note that community-based violence has continued since our last meeting, notably in Jonglei and Warrap. I urge the government and other stakeholders to continue their efforts in addressing sub-national conflicts through dialogue. Accordingly, I was encouraged to learn of a workshop entitled “Addressing the national security threat of armed communal violence” which was convened by the SDSR Board on the 14 and 15 October. I see this as a positive initiative, among others, in reducing levels of community-based violence in the country, the threat of which I hope none of us underestimates.
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12. On the issue of defections. On 1 October, I released a statement to the press in which I said that “whether it is referred to as ‘defection’ or ‘change of allegiance’, the important point is that the Revitalised Peace Agreement in South Sudan has made commendable progress in the past two years since its signing and this must not be allowed to weaken because of instability caused by defections or accepting defections, which is contrary to the letter and spirit of the Agreement.” I am concerned by recent reports of military defections. This undermines trust and confidence in the peace process. I expect that all Parties to the Agreement view this issue with the seriousness it merits, because any action, including defections, by any party, individuals or groups detracts from the important work of peacebuilding in the country and should be condemned.
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13. Resolution 9 of our last meeting requested the Parties to provide a report to RJMEC on demilitarisation of civilian areas, collection of heavy weapons, and location of forces, size and equipment. I expect to hear an update on this from the Parties. On the issue of occupation of civilian centres, according to CTSAMVM, a total of 16 are presently occupied by the SSPDF, which is contrary to Chapter 2 of the Agreement.
Excellencies, Ladies and Gentlemen
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14. Onhumanitarian issues, flooding continues to cause many difficulties. According to UNOCHA, over half of the country is affected, disrupting the livelihoods of hundreds of thousands of people. I continue to urge for humanitarian support, and express appreciation for assistance already given. Furthermore, access to the people in need continues to be hampered by bureaucratic impediments, floods, and community-based and sub-national violence. This year, eight humanitarian workers have lost their lives, including one in October, while providing aid to people in need. That is in clear contravention of Chapter 3 of the Agreement, and international humanitarian law. I would like to call upon the government to ensure a safe and secure operating environment for humanitarian workers to ensure the continued delivery of much- needed humanitarian services.
15. Since the last monthly meeting, I have requested the Ministry of Finance and Planning to update me on progress regarding the establishment of the Economic and Finance Management Authority (EFMA), Article 4.16, which is a key institution mandated “to provide an effective oversight of economic and public financial management, and to ensure transparency and accountability particularly in the oil/petroleum sector, concessions and contract award, budgetary and public expenditure, revenue collection.” I am awaiting a response about this. The EFMA is an important body which will contribute to the effective and efficient management of public finance and management in South Sudan, and one which is mandated to report to the RJMEC.
16. In terms of transitional justice, there have been some consultations between the Minister of Justice and the RJMEC Secretariat regarding the implementation of Chapter 5. The Minister is seized of the matter. However, I urge the RTGoNU to initiate public consultations on the establishment of the Commission on Truth, Reconciliation and Healing (as per Article 5.2.1.3), incollaboration with other stakeholders and civil society, which will inform the design of the legislation establishing the Commission. I also urge the RTGoNU to fully cooperate with the African Union Commission to expedite the establishment of the Hybrid Court for South Sudan (as per Article 5.1.5).
17. On the permanent constitution-making process, I would like to inform you that the preparations of the RJMEC Secretariat in convening the constitutional-making process workshop are underway. The Parties and stakeholders have been invited, some nominees have been received, and we plan to start our pre- workshop engagements next week with the Max Planck Foundation. The workshop is scheduled to be held towards the end of January 2021.
18. Regarding the RJMEC Working Committees. I am pleased to inform you that the RJMEC Working Committees have been reconstituted, and some have begun work. All RJMEC members have been assigned membership of two Working Committees, and have the option of observing a third. I thank the Minister of Justice and Constitutional Affairs for nominating his representatives, and urge the other Ministries and RTGoNU ministerial clusters to do the same. I call upon all of you to take the work of these Committees very seriously and actively participate to enable RJMEC to deliver on its mandate.
19. Finally, with regard to the Agreement timeline and delays in implementation, you may recall that in the last meeting, the RTGoNU shared with us a draft revised implementation matrix for the Transitional Period, which was neither presented nor discussed. I would like to suggest that the RTGoNU updates us on this matter.
Excellencies, Ladies and Gentlemen,
20. I would like to conclude with the following recommendations to this meeting.
a) Urge the concerned Parties to urgently resolve the impasse in Upper Nile state and appoint a Governor;
b) Prevail on the Parties to immediately submit their nominations to National Constitutional Amendment Committee in order to facilitate the long overdue reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States;
c) Urge the RTGoNU to restructure and reconstitute the Transitional Commissions and Institutions at the national level listed at Article 1.19 of the Agreement without delay;
d) Urge the Parties to provide a report to RJMEC on demilitarisation of civilian areas, collection of heavy weapons, and location of forces, size and equipment;
e) Urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, produce the plans for the redeployment of the NUF, and ensure well-coordinated DDR;
f) Encourage the Organised Forces to deliver further training and sensitisation to address SGBV in all its forms
g) Urge the RTGoNU to establish the Economic and Financial Management Authority and implement the rest of the Resource, Economic and Financial Management provisions envisaged in Chapter 4; and
h) Urge the RTGoNU to fast track the establishment of the Commission for Truth, Reconciliation and Healing, including through public consultation in collaboration with other stakeholders and civil society, and to cooperate with the African Union Commission to establish the Hybrid Court for South Sudan.
21. Finally, I expect that the pace of implementation will gather momentum, thereby building trust and confidence, making peace in South Sudan a reality.
Thank you.
RJMEC HOLDS ITS 15TH MONTHLY MEETING; CALLS FOR CONCERNED PARTIES TO APPOINT UPPER NILE GOVERNOR
Communication Office
PRESS RELEASE
(For Immediate Publication)
Thursday, 26 November, 2020 , Juba, South Sudan
RJMEC HOLDS ITS 15THMONTHLY MEETING; CALLS FOR CONCERNED PARTIES TO APPOINT UPPER NILE GOVERNOR
The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) convened its 15thmonthly meeting today, Thursday 26 November, 2020 in Juba.
Speaking to the RJMEC members during the opening of meeting, RJMEC Interim Chairperson H.E. Maj. Gen. Charles Tai Gituai said:
“The appointment of the governor of Upper Nile State remains outstanding. I have been informed on numerous occasions that negotiations between the concerned parties are ongoing. I therefore reiterate my previous appeals to the highest political leadership of the country to find compromise and appoint the governor of Upper Nile state. I am hopeful this will help address the instability in the state.”
Continuing his address, the Interim Chairperson said he remains concerned byrecent reports of military defections, adding it undermines trust and confidence in the peace process.
“I expect that all Parties to the Agreement view this issue with the seriousness it merits, because any action, including defections, by any party, individuals or groups detracts from the important work of peace building in the country and should be condemned,” he stated.
In addition, Maj. Gen. Gituai said the situation in both training centres and the cantonment sites continues to be of serious concern, with more recent reports indicating that food, medicines and other essential resources remain in scarce supply, resulting in some ex-combatants abandoning cantonment sites and training centres.
The Interim Chair then spoke about the issue of disarmament, demobilisation and reintegration (DDR) for ex-combatants. He said that it “remains an integral part of the unification process. However, it continues to face severe challenges which need to be addressed. The DDR process has to go hand in hand with the unification process to train and provide alternative means of livelihood to ex-combatants that are not eligible to join the unified force.”
On the humanitarian front, the Interim Chair reported that eight humanitarian workers have lost their lives this year, including one in October, while providing aid to people in need.
“That is in clear contravention of Chapter 3 of the Agreement, and international humanitarian law. I would like to call upon the government to ensure a safe and secure operating environment for humanitarian workers to ensure the continued delivery of much-needed humanitarian services.”
ENDS