-       Chairperson of the AU Peace and Security Council,

-       Commissioner for the AU Political Affairs, Peace and Security

-       Your Excellencies, Distinguished Permanent Representatives

-       Ladies and Gentlemen 

Your Excellency,

1.    I am honoured to once again address this august Council as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). This statement builds on the one delivered by RJMEC to the 1186th Session of the AU PSC on 16 November 2023.

2.    Given the short time available to brief you, I will be concise. Last week, on 22 February 2024, South Sudan marked the four-year anniversary since the Revitalised Transitional Government of National Unity was established. Similarly, 18 September 2023 last year, marked five years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed in 2018. This five-year period of the Agreement marks the longest period of relative peace, inclusivity and stability since independence in 2011. The gains made in this period are significant, considering the previous security situation in the country. It is therefore important to consolidate and protect these achievements. 

3.    In accordance with the Roadmap which began one year ago, the Transitional Period ends in February 2025, one year from now. Elections are scheduled for December 2024, two months before the end of the Transition period, in accordance to the Agreement, which legitimises the Revitalised Transitional Government. In RJMEC’s assessment, much work remains to be done to complete the Agreement requirements for the conduct of free, fair and credible elections. In my recent engagement with the Parties to the Agreement, it is evident that there is no consensus among the Parties on the elections.

Your Excellency,

4.    The Revitalised Peace Agreement is a blueprint to transform South Sudan into a stable and prosperous country, and was predicated on upholding the permanent ceasefire, inclusive implementation of the Agreement, and realistic timelines towards credible, peaceful, free, and fair democratic elections. With ten months left before the scheduled elections, it is concerning that the following key tasks required for elections have not been completed:

·      funding and operationalisation of the elections-related institutions responsible for preparation and conduct of elections;

·      making the permanent constitution, the provisions of which will guide the conduct of elections;

·      judicial reforms to enhance the capacity and independence of judicial institutions, including addressing election-related disputes;

·      completion of Phase I and II unification of forces in order to provide security throughout the country;

·      facilitating the return and resettlement of refugees and IDPs; and

·      protection and expansion of political and civic space to enhance public participation in constitution and election processes, among others.

5.    Given the scale of the tasks ahead, therefore, there is need for the Parties to dialogue, and demonstrate political will, compromise, consensus, unity of purpose and agree on the way forward.

Your Excellency,

6.    The aforementioned pending tasks are outlined in the Agreement as part of the critical reforms required to address the root causes of the conflicts that have occurred in South Sudan since independence. With this in mind, I would like to conclude with some recommendations. The AU PSC to use it good offices to: 

i)             support South Sudan’s Revitalised Transitional Government politically, financially and technically to expedite and complete the pending tasks to deliver credible elections within the framework of the Agreement;

ii)          encourage the Parties to the Agreement to dialogue among themselves in order to build the consensus and compromise as necessary to hold free, fair and credible elections;

iii)        prevail on the Revitalised Transitional Government to avail the requisite resources and logistics to fully operationalise the institutions which drive forward all the tasks required for the constitution-making process, elections, and the completion of the unification of forces; and

iv)         urge the Parties to adhere to the 35% minimum threshold for women’s representation in all mechanisms in accordance with the Agreement, and promote the inclusion of youth and those living with disabilities.

7.    As the end of the Transitional Period approaches, it is important for the AU to assist the Principals of the Parties to dialogue, compromise and reach consensus on the elections. 

I Thank You.

 

 

 

By Amb. Charles Tai Gituai

Today, South Sudan marks four years since the Revitalised Transitional Government of National Unity (RTGoNU) was formed on 22 February 2020 and the Transitional Period began. The Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) gives the RTGoNU tremendous responsibility, not least to “implement this Agreement and restore permanent and sustainable peace, security and stability in the country”, as per Article 1.2.2.

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday February 8, 2024 convened its 34th monthly plenary in Juba. 

Addressing the meeting, RJMEC Chairperson Amb. Maj. Gen. Charles Tai Gituai said:

This is a significant and important year for South Sudan.” However, he added, “What is unclear is how the RTGoNU and Parties to the Agreement will be able to complete the critical pending tasks and create a conducive environment for the conduct of credible elections within the time left.

He said, “Much work needs to be done to create an enabling environment for the conduct of free, fair and credible elections, as per the Agreement and the Roadmap.

Amb. Gituai noted commendable progress made since December 2023, especially the reconstitution and operationalisation of some the critical institutions, such as the National Constitutional Review Commission, the National Elections Commission, and the Political Parties Council.

However, we are mindful of the delays in their establishment, and the very short time left for them to deliver their important mandate,” he said. 

However, Amb. Gituai took note of recent examples of intercommunal violence, in particular the Abyei Administrative Area, and Unity, Warrap, Western Bahr el Ghazal, and Jonglei States, adding: “These attacks (in Abyei) follow a pattern of continuing violence between local communities in recent weeks and months.RJMEC urges for dialogue to break the cycle of violence and underscores the need for the culture of peace to prevail. Much is at stake for the people of South Sudan as they seek to have their democratic aspirations met by holding their first elections as an independent nation.”

The RJMEC Chair drew members’ attention to a number of tasks, which if completed in a timely manner, he said ”will enhance political and civic space, sustain the peace and consolidate the gains made in the implementation of the Agreement so far.”

These include among others, the full operationalisation of the three newly reconstituted institutions, completion of Phase I and Phase II unification of forces, and addressing intercommunal violence through national and state-level dialogue and peacebuilding mechanisms.

In his recommendations, the RJMEC Chairperson encouraged dialogue among the Parties and clarity on the plans and preparations for the conduct of elections and funding of elections-related reconstituted institutions

Others include the completion of the training and deployment of the NUF to provide election-related security and security in areas of intercommunal violence, the funding and operationalisation of the process of making a people-led and people-owned constitution, and ensuring the participation of women in all political processes, and their representation in mechanisms in accordance with the Agreement at the minimum threshold of 35%.

 

Communication Office

PRESS RELEASE

(For Immediate Publication)

Thursday, 8 February 2024, Juba, South Sudan

RJMEC ACKNOWLEDGES PROGRESS, NOTES MUCH WORK TO BE DONE FOR AN ENABLING ENVIRONMENT FOR FREE, FAIR AND CREDIBLE ELECTIONS

 The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Thursday February 8, 2024 convened its 34th monthly plenary in Juba. Addressing the meeting, RJMEC Chairperson Amb. Maj. Gen. Charles Tai Gituai said:

This is a significant and important year for South Sudan.” However, he added, “What is unclear is how the RTGoNU and Parties to the Agreement will be able to complete the critical pending tasks and create a conducive environment for the conduct of credible elections within the time left.

He said, “Much work needs to be done to create an enabling environment for the conduct of free, fair and credible elections, as per the Agreement and the Roadmap.

Amb. Gituai noted commendable progress made since December 2023, especially the reconstitution and operationalisation of some the critical institutions, such as the National Constitutional Review Commission, the National Elections Commission, and the Political Parties Council.

However, we are mindful of the delays in their establishment, and the very short time left for them to deliver their important mandate,” he said. 

However, Amb. Gituai took note of recent examples of intercommunal violence, in particular the Abyei Administrative Area, and Unity, Warrap, Western Bahr el Ghazal, and Jonglei States, adding: “These attacks (in Abyei) follow a pattern of continuing violence between local communities in recent weeks and months.RJMEC urges for dialogue to break the cycle of violence and underscores the need for the culture of peace to prevail. Much is at stake for the people of South Sudan as they seek to have their democratic aspirations met by holding their first elections as an independent nation.”

The RJMEC Chair drew members’ attention to a number of tasks, which if completed in a timely manner, he said ”will enhance political and civic space, sustain the peace and consolidate the gains made in the implementation of the Agreement so far.”

These include among others, the full operationalisation of the three newly reconstituted institutions, completion of Phase I and Phase II unification of forces, and addressing intercommunal violence through national and state-level dialogue and peacebuilding mechanisms.

In his recommendations, the RJMEC Chairperson encouraged dialogue among the Parties and clarity on the plans and preparations for the conduct of elections and funding of elections-related reconstituted institutions

Others include the completion of the training and deployment of the NUF to provide election-related security and security in areas of intercommunal violence, the funding and operationalisation of the process of making a people-led and people-owned constitution, and ensuring the participation of women in all political processes, and their representation in mechanisms in accordance with the Agreement at the minimum threshold of 35%.

 

Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   A Happy New Year to you all. I welcome you to the 34th meeting of the RJMEC and the first plenary meeting for the year 2024. This is a significant and important year for South Sudan, and for us as RJMEC, monitors of the Revitalised Peace Agreement. Much work needs to be done to create an enabling environment for the conduct of free, fair and credible elections, as per the Agreement and the Roadmap. That said, the prospects of delivering the country to a democratic dispensation should motivate all of us, the Parties in particular, to redouble efforts to achieve this historic goal smoothly.

2.   In this regard, I am encouraged with the commendable progress made since we last met in December 2023, in particular with regard to the reconstitution and operationalisation of some of the more critical institutions, namely, the National Constitutional Review Commission, the National Elections Commission, and the Political Parties Council. However, we are mindful of the delays in their establishment, and the very short time left for them to deliver their important mandate.

3.   Since we last met, I have had the opportunity to engage with some of the Principals of the Revitalised Agreement or their representatives, as well as the leadership of the newly reconstituted institutions, and some of our peace partners and special envoys. My overall assessment is that there is significant appetite for elections to be conducted in a timely manner, and in accordance with the requirements of the Revitalised Peace Agreement. What is unclear, however, is how the RTGoNU and Parties to the Agreement will be able to complete the critical pending tasks and create a conducive environment for the conduct of credible elections within the time left.

4.   I also briefed the AU Commissioner for Political Affairs, Peace, and Security, the AU Panel of the Wise, and the Facilitation Support Team from South Africa, as well as many other international and regional peace partners. In these meetings, I appealed for their unwavering support to the South Sudan peace process, and emphasised the need for the leadership of the RTGoNU to dialogue, embrace collegiality, and work together as peace partners in order to build social cohesion and the public confidence needed to hold free, fair and credible elections as scheduled for December 2024.

5.   With this in mind, my statement will update you on the recent progress registered in the implementation of the Revitalised Peace Agreement, highlight the critical pending tasks and challenges facing implementation, and conclude with my recommendations to the RTGoNU and Parties to the Agreement.

Excellencies, Ladies and Gentlemen, 

6.   Regarding governance, since the last meeting, the members of the National Elections Commission (NEC) and the National Constitutional Review Commission (NCRC) were sworn in and have begun work. I look forward to an update from these two bodies, as well as the Political Parties Council (PPC), which had been sworn in earlier.

7.   In terms of pending legislation, the TNLA is currently considering a number of bills, including that of the National Audit Chambers, the National Security Service, the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparation Authority. The Anti-Corruption Commission Act has been assented to by the President of the Republic of South Sudan, the operationalisation of which will enhance transparency and accountability across the public sector. The National Social Insurance Fund Act has also been recently assented to. In this regard, the mandate of the National Constitutional Amendment Committee (NCAC) is nearing completion, with only two laws remaining to be reviewed and drafted. The NCAC will update the meeting this morning. 

8.   The ad-hoc Judicial Reform Committee (JRC) for its part is currently concluding its stakeholder consultations, and is drafting its final report. This report is expected to contain recommendations critical for reforming the judiciary, including review of the Judiciary Act, reconstitution of the Judicial Service Commission and establishment of the Constitutional Court, among others. 

9.   Regarding security, it is very concerning to have begun the year with multiple reports of violence in different parts of the country, in particular the Abyei Administrative Area, and Unity, Warrap, Western Bahr el Ghazal, and Jonglei States. For example, over the weekend of 27-28 January 2024, it is deeply regrettable that over 50 lives were lost in intercommunal fighting in Abyei, including two peacekeepers from the United Nations Interim Security Force for Abyei. Sadly, these attacks follow a pattern of continuing violence between local communities of that area in recent weeks and months.

10.       RJMEC urges for dialogue to break the cycle of violence and underscores the need for the culture of peace to prevail. Much is at stake for the people of South Sudan as they seek to have their democratic aspirations met by holding their first elections as an independent nation.  RJMEC therefore reminds the RTGoNU of its responsibility, as per Article 1.2.2 of the R-ARCSS, to restore permanent and sustainable peace, security, and stability.

11.       Regarding the Transitional Security Arrangements, the completion of the unification of forces is a key step towards providing a conducive environment in which to hold elections. However, under Phase I, deployment of the graduated personnel is at a limited stage, though it has begun. According to CTSAMVM, around 4000 army NUF personnel have been deployed to the states of Upper Nile, Eastern Equatoria, Western Equatoria and Western Bahr El Ghazal. However, some 51,000 NUF personnel are yet to deploy, the majority of whom are from other organised forces besides the army, which also play an important role in South Sudan’s security. The status of Phase II also remains unclear.

12.       In addition, the DDR process has not started, even though soldiers were screened for that purpose during Necessary Unified Forces (NUF) Phase I training, graduation and deployment. I look forward to hearing from the Joint Defence Board and the DDR Commission on the progress in this matter, especially on gender disaggregated data relating to both the deployed unified forces and those yet to be deployed.

13.       The work of the Strategic Defence and Security Review (SDSR) Board has stalled. The documents prepared by the Board as per their mandate still require validation, and it is not clear how this process will move forward in light of the strike by the members of the Board and Secretariat. I would like the Chair of the SDSR Board to provide an update on this matter.

14.       In regard to the Sant’Egidio-mediated Rome peace process, it is important to mention that this peace process between the RTGoNU and the hold out groups will now be conducted with facilitation by Kenya. This is following the request by H.E. President Salva Kiir Mayardit to H.E. William Samoei Ruto, President of the Republic of Kenya, to facilitate the peace talks between the RTGoNU and the hold out groups. It is hoped that this new initiative will take the process forward.

15.       As you may recall in our previous meetings, we informed members that we are in the process of addressing the CTSAMVM administrative and operational matters that hindered progress in their work. It is therefore encouraging to note that following the interventions of RJMEC and IGAD, CTSAMVM’s operational challenges have now been resolved. CTSAMVM has a very important role to play this year in the lead up to elections and I urge the Parties and international community to afford it all the support it needs. I look forward to hearing a report from the CTSAMVM Chair this morning.

Excellencies, Ladies and Gentlemen,

16.       In the last two months, the humanitarian situation has continued to worsen, with approximately 120 thousand more refugees and returnees fleeing the conflict in Sudan entering the country, according to UNOCHA. This exacerbates the general humanitarian situation in South Sudan, where the scale of need is already high, service delivery is low, and the little resources available are very stretched. Furthermore, the Special Reconstruction Fund and Board, a mechanism which could provide much needed focus and direction to the humanitarian and reconstruction needs of South Sudan, has not been established. 

17.       On the subject of resource, economic and financial management, while it is encouraging that the Anti-Corruption Commission Act has been assented to, other key pieces of legislation intended to strengthen transparency and accountability in the economic and financial sectors, including amendment bills to the National Audit Chambers Act and the Public Financial Management and Accountability Act, are pending.

18.       Though in general there has been some improvement in the management of natural resources, greater accountability is required in wealth sharing and revenue allocation as South Sudan prepares for democratic elections. The proportion of the country’s natural resource wealth to be shared with the states and communities are to be reviewed in accordance with Article 4.11.5, and the final terms of the increment and formulae agreed upon, and should be determined in the permanent constitution.

Excellencies, Ladies and Gentlemen,

19.       Regarding transitional justice, there has been no progress since the previously reported situation; the Bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) remain with the reconstituted TNLA. I urge the TNLA to give these bills their timely attention, as matters of truth, reconciliation and healing will play a vital role in South Sudan this year, spearheading the promotion of forgiveness and social cohesion ahead of elections. I look forward to hearing an update on the Hybrid Court for South Sudan from the African Union and the RTGoNU. 

20.       On the issue of the constitution making process, the National Constitutional Review Commission (NCRC) has commenced work. A people-led and people-owned constitution, if made in an inclusive and participatory manner, will be critical in anchoring lasting stability and good governance as the country transitions into its democratic future. RJMEC therefore urges the RTGoNU and partners to support the NCRC in order for it to conduct much-needed civic education and public consultations for the permanent constitution, which is also a critical requirement for the conduct of elections, as per the Agreement.

Excellencies, Ladies and Gentlemen,

21.       The recurring challenges facing implementation of the agreement are by now familiar, and steps to mitigate them in order to smooth the way for elections at the end of this year need to be taken. These challenges include, among others, the lack of sufficient funding, trust deficit, capacity gaps, intercommunal violence, defections, flooding, and the influx of returnees and refugees fleeing the conflict in Sudan.

22.       Meanwhile, there are a number of critical tasks, which if completed in a timely manner, will enhance political and civic space, sustain the peace and consolidate the gains made in the implementation of the Agreement so far. In particular, attention needs to be paid to:

i)             full operationalisation of the three newly reconstituted institutions, especially provision of funding to enable them to deliver their mandates;

ii)           completion of Phase I and Phase II unification of forces, and provision of funding for DDR;

iii)        addressing intercommunal violence through national and state-level dialogue and peacebuilding mechanisms;

iv)         implementation of the legal and policy frameworks which enhance transparency and accountability in economic and financial sectors; and

v)           establishment and operationalisation of the Commission for Truth, Reconciliation and Healing and the Compensation and Reparation Authority.

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

i)           encourage further dialogue, collegiality, and consensus building among the Parties, their principals, and the stakeholders;

ii)           provide clarity on the plans and preparations for the conduct of elections as scheduled;

iii)        avail the requisite resources and logistics to fully operationalise the elections-related reconstituted institutions;

iv)         operationalise all pieces of legislation enacted by the TNLA; 

v)           complete the training and deployment of the NUF to provide election-related security and security in areas of intercommunal violence;

vi)         fund and operationalise the process of making a people-led and people-owned constitution; and

vii)      ensure the participation of women in all political processes, and their representation in mechanisms in accordance with the Agreement at the minimum threshold of 35%.

24.       In conclusion, I would like to urge you, as RJMEC members, to engage frankly with the RTGoNU and Parties’ representatives, to clarify how they intend to deliver peaceful, free, fair and credible democratic elections as per the Agreement and Roadmap in the remaining time. I wish you fruitful deliberations.

I Thank You. 

The author is Ambassador Major General Charles Tai Gituai CBS, Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC)

As the year comes to end, South Sudan deserves  to be congratulated for   raising  her flag high; not only in achieving very highly is sports but also having  assumed the East African Community leadership. The  responsibility of leading the East African community further places South Sudan into regional and international focus at this critical period of her political life, as the county gears up for elections. Consequently, the approach, speed, commitment, and adherence by the RTGoNU on the implementation of the Revitalised Agreement on the Resolution to the Conflict in the Republic South Sudan (R-ARCSS), will be very crucial and imperative, in enhancing regional and international trust and confidence of the country and its leadership of the East African Community. I would therefore like to once again  emphasise the responsibility of the RTGoNU executives at national and state levels to ensure full and timely implementation of the Revitalised Agreement. 

Communication Office

PRESS RELEASE

(For Immediate Publication)

Monday, 29 January 2024, Juba, South Sudan

RJMEC CONDEMNS ABYEI ATTACKS, REGRETS LOSS OF LIVES, URGES R-TGoNU TO RESTORE PERMANENT, SUSTAINABLE PEACE AND SECURITY

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) condemns the attacks which took place in the Abyei Administrative Area over the weekend of 27-28 January 2024, resulting in the loss of lives, including two peacekeepers from the United Nations Interim Security Force for Abyei (UNISFA).

RJMEC condoles with the families of all those who lost their lives in this regrettable incident.  These attacks did not happen in isolation, but follow a pattern of continuing violence between local communities of that area in recent weeks and months, which also resulted in the death of the Deputy Administrator of the Abyei Administrative Area in late December 2023. RJMEC urges for dialogue to break the cycle of violence and underscores the need for the culture of peace to prevail.

South Sudan’s successful democratic transition hinges on the implementation of key tasks which are still incomplete, in particular the unification of forces and their deployment, and the making of the permanent constitution.

With so much at stake for the people of South Sudan as they look to have their democratic aspirations met by holding their first elections as an independent nation, RJMEC reminds the Revitalized Transitional Government of National Unity (R-TGoNU) of its responsibility, as per Article 1.2.2 of the R-ARCSS, to restore permanent and sustainable peace, security, and stability. 

It is important to emphasise on the need for close collaboration and collegiality at all levels of government in order to strengthen the processes and institutions of governance nationwide, which include those responsible for conducting dialogue and mediation. In this way, the levels of social cohesion and public confidence needed to hold free, fair and credible elections can continue to be built.

 

The Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Monday 22 January 2024 addressed the opening of an induction workshop for the members of the newly reconstituted National Constitutional Review Commission (RNCRC). 

Communication Office

PRESS RELEASE

(For Immediate Publication)

 Monday, 22 January 2024, Juba, South Sudan

RJMEC TO NCRC: PERMANENT CONSTITUTION TO ANCHOR LASTING STABILITY, A PEACEFUL TRANSITION AND GOOD GOVERNANCE

The Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) on Monday 22 January 2024 addressed the opening of an induction workshop for the members of the newly reconstituted National Constitutional Review Commission (RNCRC). 

In his statement, RJMEC Chairperson, Amb. Maj. Gen. Charles Tai Gituai underlined the critical importance of the permanent constitution under the Revitalised Peace Agreement in “anchoring lasting stability, a peaceful transition and good governance.”

He continued: “There is no doubt that the Permanent Constitution, when made in an inclusive and participatory manner, will go a long way in addressing all the root causes of conflicts in this country.” 

As such, Amb. Gituai added, “I would like to first congratulate all of you upon being entrusted with this enormous and consequential responsibility,” and appealed to the Commission “to live up to its expectations” and discharge its mandate as per the Revitalised Peace Agreement, and the Permanent Constitution Making Process Act 2022. 

The RJMEC Chair continued: “It is critical to note that going by the roadmap timelines, we are far behind schedule and therefore time is of the essence. The RNCRC is expected to get up and running without any further delays,” he said.

In his address, Amb. Gituai called on the Commission to “swiftly consider and adopt practical rules of procedure, endorse the draft budget, and action plan, as well as agree on a practical strategy to immediately commence civic education and robust public consultation campaigns, to promote public debate and awareness on critical constitutional issues.” 

The constitution making process is crucial given that the provisions of the Permanent Constitution are expected to guide the conduct of elections at the end of the Transitional Period in December 2024.

ENDS

 

    Hon. Dr. Riang Yar Zuor, Chairperson of the NCRC

-       Dr. Awak Bior Ajang, Deputy Chairperson,

-       Hon. Abraham John Nantana, Secretary General,

-       Members of the Commission,

-       Your Excellencies,

-       Distinguished Ladies and Gentlemen

Good morning,

1.    I am honoured to address you all, this morning, on this very important and momentous occasion. Today’s induction of the members of the reconstituted National Constitutional Review Commission (R-NCRC) is historic for two main reasons. 

2.    First, it is because of the critical importance of the permanent constitution under the Revitalised Peace Agreement in anchoring lasting stability, a peaceful transition and good governance after the Agreement; and secondly, because of the high expectation from us all and the public on this reconstituted Commission to realise the making of a people-led and people-owned permanent constitution, that will enshrine the collective wishes and aspirations of the people of South Sudan on how they wish to be governed.

3.    My brief remarks this morning will therefore centre on only these two aspects, namely: the importance of the permanent constitution under the Revitalized Peace Agreement and the critical role of the reconstituted NCRC to ensure that the permanent constitution is made and reflects the will and aspiration of the people of South Sudan. 

4.    On the first point, the Permanent Constitution as envisaged in the Revitalised Peace Agreement is sine qua non to the realisation of lasting peace and good governance in the Republic of South Sudan. The success or failure of this over 5 years Transitional Period will highly depend on the promulgation of a popular constitutional arrangement that fulfils the aspiration of the people of South Sudan in its diversity. The permanent constitution is expected to plant the seeds and become the cornerstone of constitutionalism and good governance in this country after the elections.

5.    As you may recall, in the preamble of the R-ARCSS, the Parties to the Revitalized Peace Agreement, inter alia declared as follows, and I quote:

“Mindful of our commitment under the TCRSS 2011 as amended, to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law; Deeply regretting the scale of untold human suffering that had befallen our country and people as a result of disregarding this commitment; and determined to compensate our people by recommitting ourselves to peace and constitutionalism and not to repeat mistakes of the past…”.

6.    In this regard, one of the core tasks of the RTGoNU is to ensure that the Permanent Constitution-making process is successfully carried out and completed before the end of the Transitional Period (see Art. 1.2.5). The process is pivotal in that the provisions of the Permanent Constitution are expected to guide the conduct of elections at the end of the Transitional Period (Art. 1.20.5). Accordingly, under Article 1.20.6 of the R-ARCSS, the National Elections Act 2023 is expected to be amended to conform with the provisions of the Permanent Constitution upon its promulgation. The RTGoNU and Parties to the Agreement, therefore, should not renege on this solemn commitment, and deny the people of South Sudan this golden opportunity.

7.     In addition, and as clearly stated in the concept note for this induction workshop, as well as stipulated in the Constitution Making Process Act 2022, the permanent constitution is expected to be based on inter alia: the supremacy of the people of South Sudan; initiate a federal and democratic system of government that reflects the character of South Sudan; guarantee peace and stability, national unity and territorial integrity of the Republic of South Sudan; promote peoples participation in the governance of the country through democratic free and fair elections and the devolution of powers and resources to the states and counties and respecting ethnic and regional diversity and communal rights including the rights of communities to preserve their history, develop their language, promote their culture and expression of their identities, to mention but just a few. There is no doubt that the Permanent Constitution when made in an inclusive and participatory manner, will go a long way in addressing all the root causes of conflicts in this country. 

8.    On the second point, regarding the pivotal role of this reconstituted Commission in realising the promises for a South Sudanese-led and South Sudanese-owned Permanent Constitution, I only wish to state as follows: this Commission owes the people of this country a huge sense of purpose and responsibility. 

9.    In this regard, I would like to first congratulate all of you upon being entrusted with this enormous and consequential responsibility to guide the country in the making of what will be a historic grand norm, the Permanent Constitution. 

10.    Secondly, I assure you all that you are constitutionally mandated to guide the country going forward on how to arrive at a people-led and people-owned permanent constitution. In this regard, the Commission is entrusted to, inter-alia:

a.   Formulate its own rules of procedure;

b.   Develop its work plan;

c.    Recruit members of the various committees

d.   Facilitate and promote a multi-phased and multi-faceted civic education and guarantee the accessibility of civic education materials to all sectors of the public;

e.   Conduct multi-phased and multifaceted public consultation, which covers all constitutional issues of relevance in collaboration with non-state actors supported by public media platforms;

f.     Receive, analyse, and consider inputs and submissions from public participation and consultations;

g.   Transmit the outcome of public consultations to the drafting Committee

h.    Validate the draft constitutional text;

i.     Publish the first draft constitutional texts;

j.     Present to the National Constitutional Conference (NCC) and the CDC, a report containing the outcome of the first stage of public consultations, and conduct civic education following the adoption of the Permanent Constitution.

11.    As RJMEC, the Commission can count on our full support. I appeal to the Commission to live up to its expectations and discharge its aforementioned mandate as per the Revitalized Peace Agreement, and the Permanent Constitution Making Process Act 2022. It is critical to note that going by the roadmap timelines, we are far behind schedule and therefore time is of the essence. The R-NCRC is expected to get up and running without any further delays. Consequently, it is imperative that the Commission use this induction workshop, to swiftly consider and adopt practical rules of procedure, endorse the draft budget, and action plan, as well as agree on a practical strategy to immediately commence civic education and robust public consultation campaigns, to promote public debate and awareness on critical constitutional issues. 

12.    Pursuant to article 7.8 of the Revitalized Peace Agreement, the reconstituted NCRC will be expected to report on the status of its work to RJMEC and also regularly brief the RJMEC monthly plenary. Lastly, as the Chairperson of RJMEC, I must say that I am confident that this Commission, with the support from the RTGoNU and partners, will deliver on its mandate. 

13.    Finally, let us all pull together and serve this nation with dedication and make our space in the constitutional history of this country.

14.    I wish you all fruitful deliberations during the workshop.

I Thank You. 

 

 

 

-       Excellencies 

-       Honourable Members of Parliament 

-       Distinguished Guests 

-       Ladies and Gentlemen

Good morning to you all! 

1.   I would like to commend the organisers for this timely and relevant workshop as South Sudan prepares for elections to choose its leaders, reflecting the democratic aspirations of its people as enshrined in the Revitalised Peace Agreement. I am happy to see that women leaders were accorded a separate meeting, as this will provide a conducive environment for the exploration of gender sensitive options under the theme “Uniting for a Peaceful Political Transition and Elections in South Sudan”. The gathering of women leaders together for this important task also gives credence to the key role that women play and must continue to play in the implementation of the peace agreement. It further gives recognition that indeed the meaningful inclusion of women leads to more durable peace and development. 

2.   In the year 2000, the United Nations Security Council (UNSC) adopted the landmark UNSC Resolution 1325 on Women, Peace and Security. This resolution urges member states to ensure the prevention of conflict against women, promote the protection of women during conflicts, and ensure the participation of women in conflict resolution and post-conflict reconstruction of their communities. This resolution further urges member states to increase the representation of women at all decision-making levels in national, regional, and international institutions. South Sudan became a member of the United Nations after its independence in 2011 and endorsed UNSC Resolution 1325.

3.   The African Charter on Democracy, Elections and Governance adopted in 2004 to which South Sudan ratified in 2014, requires political parties to create the necessary conditions for full and active participation of women in the decision-making processes and structures at all levels as a fundamental element in the promotion and exercise of a democratic culture.  It further requires political parties to take all possible measures to encourage the full and active participation of women in the electoral process and ensure gender parity in representation at all levels, including legislatures.

4.   This therefore calls for women to develop strategies that will enable them to get involved and establish their roles throughout the peace process, the  elections period and generally in the social political and economic reconstruction of the society. Women must be enabled to participate in all political spheres including the transition process. Their inclusion must not be superficial but of such a nature that tangibly impacts the lives of women and girls. It  is therefore time to recognize the role and power of women in the peace-process and in shaping the future of post-conflict South Sudan

Distiquished Ladies and Gentlemen

5.   Women in South Sudan make up more than 50% of the population but don’t fair well in terms of representation at the political level, be it at the Executive, state, county or any other level. In the course of monitoring the Peace Agreement during the Transitional Period, RJMEC noted that, overall, the appointments to the Executive fell short of the required minimum of 35% women’s representation as provided for in article 1.4.4 and 1.12.5 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R–ARCSS). In the most recent appointments to reconstitute the election related institutions, women got 33% in National Constititution Review Commission, 22% in the National Electoral Commission and 50 % in the Political Parties Council. Only the Political Parties Council (PPC) met the minimum threshold expected by the Revitalized Agreement; not to mention that there is only one female governor out of ten in the Country.

Consequently, I would like to underscore the importance of gender inclusion and mainstreaming in all aspects of the peace process and more importantly in political leadership. It is imperative to ensure deliberate and conscious consideration of women in all political and institutional  processes and in accordance to the Agreement mandated minimum threshold level of 35%, as this is a fundamental and key requirement in reducing inequalities.

6.   Women have borne the brunt of politically motivated violence (including sexual and gender based violence) during conflict and many a times get targeted solely due to their gender. Women face a myriad of many challenges such discrimination due to the culture of patriarchy, lack of awareness on political processes, low literacy levels and lack of support to compete for leadership positions. Women politicians need to be empowered economically, in order to compete on equal footing with men. Without sound economic support women cannot compete in an uneven environment where the wealth is basically monopolized by the few who are predominantly men. It also requires political leadership, strong legislation and effective mechanisms to force compliance, along with extensive education and awareness-raising in the community and in the media and other spaces.

7.   On the other hand and with all due respect, women should not hesitate to use existing post-conflict opportunities to enhance their political influence; they should leverage women's networks, other networks and organizations to gain access to political opportunities; they should maximize the exisiting opportunities to challenge gender biased systems and push for the review laws and policies that undermine their positions; they should persuade and push for strong women leaders to take up the leadership mantle and drive the right agenda forward. Women should strive to learn the rules of the game, which unfortunately are based on male connotations. They should also consider identifying and aligning with male allies who are supportive of women empowerment objectives to champion their cause. 

8.   This notwithstanding, political parties must still play their role in ensuring the substaintive political representation and participation of women in various way including through the adoption of decisive and effective strategies and practices. Parties must provide opportunities for women in the process of political decision-making, through adaptation of appropriate legal, administrative and procedural rules, regulations and codes of conduct, that would enable the parties to meet such noble objectives. While women's space at the decision-making tables, during the post-conflict reconstruction efforts, has historically been absent or marginal, today an increasing numbers of women and women's groups are realizing the significance of their active participation and contribution to the peace process.

Distiquished Ladies and Gentlemen

9.   This workshop therefore provides renewed opportunity to reflect on the challenges women face in the electoral political space and propose lasting solutions. The Revitalized  Peace Agreement sees women as central players and proposes the mainstreaming of gender and women  enhancing representation in responsibility sharing. The Agreement expects women to be provided opportunity and are  expected to serve at all levels of governance.

10.        As you deliberate, I would like to suggest that in your deliberations you consider regional standard and best practices such as international human rights instruments like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and The Protocol to the African Charter on Human and People’s Rights (ACHPR), on the Rights of Women in Africa commonly referred to as the Maputo Protocol which call for gender equality and women’s meaningful participation in the political, economic and social-cultural spaces. Additionally, consider borrowing from domestic legal frameworks including the Permanent Ceasefire of the R-ARCSS that seeks to address and prevent violence against women in the Transitional Period. 

11.        In conclusion, I am hopeful that your efforts here today will inform  the eventual codes of conduct which I believe are essential tools in regulating all actors during the elections period, and will help protect women in all phases of the electoral process, increase women participation for the democratic process as well as address the conflict targeted at women for whatever reasons. 

12.        To the women leaders of South Sudan, I wish to encourage you to continue the good fight for justice and inclusion. Your demands for inclusion should be seen as part of the long arch of the moral universe that always bends towards truth, justice and freedom. May your efforts resoundingly impact the current and future generations of women that will follow in your footsteps in the quest for a better South Sudan.

13.        I wish you fruitful deliberations. I also wish you all a Merry Christmas and Happy New Year 2024 !

I Thank You!

 

 

 

 

 

-       Excellencies 

-       Honourable Members of Parliament 

-       Distinguished Guests 

-       Ladies and Gentlemen

1.    Good morning. I would like to thank the organisers of this event for putting together this workshop at this timely moment. I also wish to commend the Parties for their attendance and their continued commitment to the implementation of the Revitalized Agreement.

2.    The Political Parties Forum is an important framework to enhance political space for members of political parties to build trust, share information, reconnect, negotiate political issues, and promote political space for all political actors. RJMEC has had the opportunity to participate in several of these forums at national and state level and can attest to their positive impact.

3.    I am aware that during this year, these forums have provided Parties with the opportunity to dialogue on several issues in support of the implementation of the R-ARCSS. These discussions have included among others the status of implementation of the Roadmap, electoral timelines and processes, the roles of political parties in the democratic transition, the expansion of the political and civic space, the creation of a level playing field for all parties in the election process, and the development of strategies to further trust and confidence building between political parties. This is indeed commendable. 

4.    Therefore, it is important to understand that political parties are essential for democracies to function, as well as for the promotion of peace and stability and the prevention of violent conflict. Their functions, representation, interest aggregation and articulation, recruitment of electoral candidates and the formation of government, cannot be duplicated by any other civil society or private organization.

5.    Democratization is always a politically contentious process, and this is particularly true in volatile post-conflict settings. Without strong political and state institutions, components of democratization such as elections and political party competition can raise tensions or, in extreme cases, lead to renewed conflict. Therefore, it is essential to support inclusive multi-party dialogues in order to help parties to overcome mistrust and suspicion, which often obstruct pragmatic dialogue on national political concerns.  

6.    A multiparty system cannot function effectively in a country emerging from a post conflict situation, when there is no willingness to discuss divergent views, where trust is eroded and no one party is willing to seek consensus and mutual understanding. However, political parties’ development and multiparty dialogues are necessary steps towards the creation of stable, democratic political systems that can be conducive to development, the protection of human rights, conflict prevention and resolution of conflict.

7.    The stability and effectiveness of a political party system is not only determined by its legal framework, but by the checks and balances within the system, and the parties’ organization and general democratic practices within the party. The stability and effectiveness of political parties hinge upon the existence of mechanisms for parties to engage in interparty dialogue and cooperation, especially in a post conflict situation.

Distinguished Ladies and Gentlemen,  

8.    According to the Revitalised Agreement, elections are due to take place about one year from now in December 2024 and 60 days prior to the end of the Transitional Period. The Agreement requires that the elections birth a democratically elected government and should be free, fair, credible and reflect the will of the electorate. Credible elections and election processes are therefore a vital corner stone in the laying of the foundation for a united, peaceful and prosperous South Sudan.

9.    The Revitalized Agreement prohibits the Parties to the Agreement from committing certain acts by the Permanent Ceasefire during the Transitional Period which includes the electoral period. Actions such as engaging in hostile propaganda or hate speech including social media to foment ethnic or secretion hatred are prohibited. Violent actions such as attacking the civilian population, sexual and gender-based violence are also strictly prohibited. Parties are also required to take specific positive measures such as protection of the media, civil society and the most vulnerable population in the Transitional Period. The Revitalized Agreement requires the Parties to ensure accountability against their own members in the event of any such breaches. 

It is important for the parties to consider drawing lessons from the experience of the Permanent Ceasefire, of which we have so far achieved in terms of continued observance, on the one hand and making all effort to ensure safety and credibility of elections that is nonviolent.  

10.    Furthermore, the National Elections Act provides that the National Election Commission should develop legally binding codes of conduct for persons who wish to participate in elections such as candidates, parties and others. It is therefore important for South Sudan to consider drawing up such rules that circumscribe acceptable and unacceptable conduct of those who participate in elections so that they can be free, fair and credible. 

11.    In addition, the African Union Peace and Security Council, at its 1186th Meeting held 16thNovember 2023 in Addis Ababa Ethiopia, through its Communique, urged the parties to negotiate a code of conduct and sign it with full authority to commit themselves to fairness, respect, accountability and acceptability to South Sudan regardless of appointments or results of the elections. 

12.    With this in mind, I therefore urge the parties to robustly engage with each other bearing in mind that a broad, inclusive dialogue among all political parties helps to build relationships based on trust, democratic tolerance and transparency and facilitates the exchange of good practices.  This constructive dialogue can help build consensus on practical steps that can be taken to secure the electoral environment for the country and ensure attainment of necessary milestones including the timely conduct of elections. 

Distinguished Ladies and Gentlemen,  

13.    This September 2023 marked five years since the Revitalised Peace Agreement was signed in September 2018. South Sudan has now experienced the longest period of peace and stability since its independence in 2011. This is a commendable achievement for which I congratulate the Parties and the people of South Sudan. Clearly the theme of this convening being “Uniting for a Peaceful Political Transition and Elections in South Sudan” is quite appropriate considering where we are, in the implementation process. I commend the organizers for choosing this theme and wish you all fruitful deliberations.

14.    I wish you good tidings for the holidays, a Merry Christmas, and a Happy New Year.

I Thank You.