Attachments
Executive Summary
This report covers the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) during the period 1st April to 30th June 2024, and builds on similar previous Reports Nos. 001/19 - 022/24 prepared since the signing of the peace agreement on 12th September 2018. In addition to the status update on implementation, it highlights the activities of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) in its oversight, monitoring and evaluation mandate within the RARCSS; and provides key recommendations to the various stakeholders and guarantors.
Under governance, some progress was made during the quarter in terms of legislative reforms, institutional building for the National Elections Commission (NEC) and Political Parties Council (PPC) in preparations for elections, inter-party dialogue to provide the way forward for elections, and commencement in Nairobi of the High-Level Mediation for South Sudan (Tumaini Initiative) between the Revitalized Transitional Government of National Unity (RTGoNU) and the non-signatories of the R-ARCSS.
The High-Level Standing Committee (HLSC) of the Parties charged with the implementation of the R-ARCSS commenced the inter-party dialogue during the quarter, focused on review of the Roadmap and determining the best way forward given the time remaining before the holding of elections. The Committee subsequently prepared a report with recommendations, which was submitted to the Presidency for their consideration.
In April 2024, the RJMEC briefed the reconstituted TNLA on the status of implementation of the R-ARCSS, pursuant to Article 7.9, which mandates RJMEC to, among others, report quarterly on the status of implementation of the Agreement, followed by detailed briefings to the Executive of the RTGoNU and its Council of Ministers and the reconstituted TNL. RJMEC appealed for expeditious enactment of all the pending amendment bills and, to support funding of the constitution and election-making processes.
In December 2023, H.E. Salva Kiir Mayardit, President of the Republic of South Sudan requested H.E. Dr William Ruto, President of the Republic of Kenya to mediate between the RTGoNU and the Non-Signatory Opposition Groups to bring a speedy conclusion to getting the holdout groups into the peace process. H.E. Dr William Ruto acceded to the request in February 2024 after consultation with the Community of Sant ‘Egidio and the acceptance of the NonSignatory Opposition Groups (NSOGs), and launched the Tumaini Initiative for South Sudan on 9 May 2024.
Concerning the Transitional Security Arrangements, there has been very little progress since the last RJMEC report. CTSAMVM reported that on 19 April 2024, the Joint Defence Board (JDB) deployed two battalions of the army to Malakal and Bentui in addition to the 6 battalions that were deployed in 2023. One battalion from Moum Training Center was deployed to Jamus (Barkour). The VIP battalion that was deployed to Anet between Abyei and Warrap in 2023, was redeployed to the 2nd Division in Malakal, Upper Nile State. Therefore, the total number of Necessary Unified Forces deployed so far is eight (08) battalions.
With regards to the unification of the second command echelon of the unified forces, H.E. Dr. Riek Machar Teny, First Vice President, and Chairman and Commander-in-Chief of the SPLM/A-IO; and the Chairperson of the SSOA submitted lists of the names of their officers to H.E. Salva Kiir Mayardit, President of the Republic of South Sudan and the Commander-in-Chief of the Armed Forces. On Phase II training, there is no evidence of any preparations, nor funding for the DDR Commission and Security Mechanisms. Currently, the DDR Commission, with UNDP support are conducting a Community Violence Reduction (CVR) project in Central Equatoria State, as they await RTGoNU funding for the conduct of DDR programs as mandated by the Revitalized Peace Agreement.
During the quarter, access to those in need continued to be impeded with incidences involving violence against humanitarian assets and personnel consistently recorded in Upper Nile State followed by Unity and Jonglei States. In May, 47 humanitarian access incidents were recorded compared to 33 in April with the majority (23) incidents compared to 14 in April, involving violence against humanitarian assets and personnel while 10 incidents were related to bureaucratic access impediments, which included illegal taxation and interferences in staff recruitment procedures.
In terms of revenue mobilization, management and accountability, there has been steady progress in non-oil revenue collection as the South Sudan Revenue Authority (SSRA) reported an increase over and above the estimated revenue collection for the first three quarters of the FY 2023/2024 as the Authority continues to implement its reforms contained in its five-year strategic plan. However, data on oil revenue has not been made available since the end of the first quarter of the same financial year.
The RJMEC leadership urged the Parties to the Agreement to continue to dialogue in good faith towards consensus in order to provide clarity on the best way forward with respect to the implementation of the Agreement and the critical issue of the holding of elections in 2024. The leadership also urged the RTGoNU to continue its pursuit of the Tumaini Initiative with a view to involving the holdout groups in the R-ARCSS, and enhance peace inclusivity in the country.
There has been very little progress made during the reporting period on the pace of implementation with the key tasks such as the permanent constitution making process and the unification of forces remaining at the same stage as they were at the end of the last quarter. Failure to move on these key aspects of the implementation could only hinder the holding of elections, which are scheduled to be held in December 2024.
The recommendations which follow, including to the Parties to the Agreement, RTGoNU, TNL, IGAD and International Partners are geared towards encouraging a faster pace of implementation of the R-ARCSS and will better prepare the country for the upcoming elections, if acted upon.
a. To the Parties to the Agreement and Relevant Stakeholders:
• engage in dialogue in the spirit of collegiality on the best way forward for the holding of elections and provide a detailed plan to the people of South Sudan on the implementation of the Roadmap; and
• embrace the Tumaini Initiative as a means of bringing in the holdout groups into the Revitalized Peace Agreement in the spirit of inclusivity and furthering the prospects for peace in the country.
b. To the RTGoNU:
• seize this constitution-making moment given the importance of a people-led and a people-owned permanent constitution, as the basis to guide the conduct of credible free, fair and peaceful elections;
• avail requisite funding, in a timely manner, to the NCRC to enable the effective discharge of its mandate in overseeing the making of a Permanent Constitution;
• facilitate the Judicial Review Commission (JRC) to validate its final report and officially submit it to the RTGoNU in order to ensure that the judicial reforms process compliments the permanent constitution-making process and the conduct of elections;
• complete judicial reform process, including the review of the Judiciary Act and establishment of an independent, impartial and credible Constitutional Court;
• create an enabling civic and political space for citizens’ participation in governance;
• expeditiously undertake, through the NEC, elections-related activities listed in Article 1.20.8, such as establishment of subsidiary electoral management bodies at state level, the establishment of procedures for the voter registry and registration, and support to civic education and voter outreach, the publication of the Voters Register six months prior to the holding of elections (Article 1.20.10); and the delimitation of constituencies;
• provide, as a matter of urgency, all the resources necessary to complete redeployment of the remaining NUF, and in addition complete harmonization of the command structure so that the country can have a unified force with a national character under one Commander in Chief; and
• pursue establishment of the Special Reconstruction Fund (SRF) and Board with a view to helping address the ongoing humanitarian crisis in the country.
c. To the TNLA:
• expedite the enactment of all pending amendment bills, including the NGO, CTRH and CRA Bills; and
• support the process of providing the requisite funding of the Constitution and election-making processes by passage of the necessary spending and budget bills to secure funding for their operationalization.
d. To International Partners and Friends of South Sudan
• provide support to the permanent constitution-making process, including by directly funding some of the critical mechanisms, civic education, and capacity building.