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South Sudan

RJMEC report on the status of implementation of the revitalised agreement on the resolution of the conflict in the Republic of South Sudan for the Period 1st July to 30th September 2024

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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 July to 30th September 2024 and builds on similar previous Reports Nos. 001/19 - 023/24 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 the fulfilment of its oversight, monitoring and evaluation mandate within the R-ARCSS; and concludes with providing key recommendations to the various stakeholders and guarantors.

During the quarter, the Parties to the Agreement agreed to an extension of the Transitional Period from February 2025 to February 2027, a decision that was subsequently endorsed by the RJMEC and ratified by the Transitional National Legislature (TNL). This action effectively postponed elections scheduled for December 2024 to December 2026. In arriving at the decision to postpone the elections, the Parties pointed to the generally slow pace of implementation of the R-ARCSS and failure to put in place the Permanent Constitution and adequately fund the peace process.

Following the postponement of the December 2024 elections, and the extension of the Transitional Period, the security mechanisms were directed by the RTGoNU to produce work plans for the duration of the 24 months extension. Consequently, the National Transitional Committee (NTC) and the High-Level Standing Committee (HLSC), convened a meeting with the security mechanisms to receive workplans for the implementation of the pending tasks under Chapter II of the R-ARCSS.

According to UNOCHA, humanitarian access was severely hampered by floods, bureaucratic hurdles, and a sharp rise in attacks on aid workers and facilities, with 52 incidents reported in August alone. Main supplies roads in Malakal, Longochuk, Maban, Old Fangak, Rubkona, and Southern Unity were rendered impassable. The forced reliance on expensive air and river transport left more than 400,000 vulnerable people without essential support. Access to those in need was further constrained by the escalation of security incidents heightening the risk to Aid workers. In July the safety of humanitarian staff was severely threatened by escalating abductions and demand for ransom. In addition, violence in Morobo County and along the YeiMaridi road put lives at grave risk and strained organizational resources.

The Draft National Budget for Fiscal Year 2024/25 and the Finance Bill FY2024/25 were submitted to the TNLA on 25 September 2024. This submission was three months behind the budget preparation schedule according to the Public Financial Management and Accountability Act 2024. The Resource Envelope for the period was given as SSP 2.258 trillion and the spending limit approved by the Cabinet of SSP 4.172 trillion, creating a spending gap or deficit that is estimated to be 85 percent of the available revenue. This deficit is to be financed through recovery in oil production, exchange rate alignment between the government official rate and the market determined rate, and concessional loans.

Bills for the setting up of the Commission for Truth Reconciliation and Healing (CTRH) and the Reparations and Compensation Authority were passed by the TNL and now await presidential assent. There has been no progress on the setting up of the Hybrid Court for South Sudan.

The RJMEC leadership held discussions with key members of the RTGoNU, including First Vice President H.E. Riak Machar and Vice Presidents H.E. Wani Igga and H.E Hussein Abdelbagi. The number of important engagements focused on issues related to the implementation of the Revitalised Agreement, and in particular plans for the holding of elections in December 2024. Additionally, the RJMEC leadership met with the Chief Mediator of the Tumaini talks in Nairobi to discuss the peace process.

Concerns remain on the commitment of the RTGoNU to push through the requisite activities to ensure that there are no further extensions and that critical tasks such as the writing of the Permanent Constitution and the completion of redeployment of the Necessary Unified Forces are tackled. In that regard, it must be noted that the authorities have indicated their willingness to divert resources from infrastructure projects into facilitating implementation of the RARCSS. Also, there have been appropriations made in the current budget that will go towards the funding of the key constitution-making and election institutions. RJMEC has repeatedly pointed to the lack of sufficient funding for the implementation of the Agreement as one of the key stumbling blocks to successful implementation. Therefore, securing funding for the implementation mechanisms will go a long way to ensuring that the critical pending tasks will be completed and this extension will indeed be the last.

Consequently, the recommendations which follow, including to the Parties to the Agreement, RTGoNU, TNL, and the Africa Union C5 countries are geared towards encouraging a faster pace of implementation of the R-ARCSS and will better prepare the country to satisfactorily negotiate the extended Transitional Period, if acted upon