Attachments
Executive Summary
Article 7.9 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) mandates the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to prepare and submit Quarterly Reports to the Revitalised Transitional Government of National Unity (RTGoNU), the Transitional National Legislature (TNL), the Intergovernmental Authority on Development (IGAD), the African Union and the United Nations. This report covers the period from 1 October to 31 December 2023 and provides a status update on implementation of the R-ARCSS during the reporting period, which marks just about one year remaining before the holding of elections at the end of the Transitional Period.
The Council of Ministers considered and endorsed a number of Bills during the quarter under review including the Non-Governmental Organizations Act 2016 (Amendment) Bill, 2023, the Commission for Truth Reconciliation and Healing Bill, 2023 and the Reparations Authority Bill, 2023, which were then forwarded to the reconstituted TNL for its consideration and enactment.
By the end of the quarter, five Bills remained before the Council of Ministers, six awaited enactments by the TNL and 14 had been assented into law.
Three critical institutions related to preparations for elections were reconstituted and their members sworn in namely the Political Parties Council (PPC), National Constitutional Review Commission (NCRC), and the National Elections Commission (NEC). These institutions are required for the registering, overseeing and regulation of the activities of political parties, driving forward the permanent constitution-making process, and preparing and conducting elections respectively. Once the institutions are operationalised, they will be required to regularly report to the RJMEC, including its monthly meetings or as deemed necessary, pursuant to Article 7.8 of the R-ARCSS.
The Permanent Ceasefire continued to hold during the reporting period. However, the Ceasefire Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM) reported clashes between the South Sudan Peoples Defense Forces (SSPDF) and the National Salvation Front (NAS) of Lt. Gen Thomas Cirillo, mostly in the southern part of Central Equatoria State. There were also several armed clashes reported elsewhere, including in Upper Nile, Unity and Warrap States and the Abyei Administrative Area resulting in loss of life and civilian displacement, and adding to the climate of fear among the local population.
The humanitarian situation worsened owing to acute food insecurity fuelled by negative impacts of climate-related shocks, high food prices, inter-communal violence as well as the spillover effects of the conflict in the Sudan. Tens of thousands of returnees and refugees escaping the conflict in Sudan crossed into South Sudan where resources to respond to their needs remain limited. Humanitarian access remained a concern with violence and threats against humanitarian personnel and assets recorded as the most frequently occurring incidents with the highest number occurring in Upper Nile State. Recorded incidents included theft of response supplies, ambush, arrests, threats, intimidation, harassment, humanitarian compound burglary, physical assault and killing.
In the management of financial resources, the PFM Oversight Committee has been instrumental in ensuring that the priorities of the PFM Reform Strategy of 2020, are in progress. Though overall implementation has been slow, the RTGoNU has forged ahead with the implementation of the Treasury Single Account (TSA) by establishing a unified structure of the government’s bank and closed many other accounts that were operating within the commercial banking iv system. With the support of Development Partners, the system is being automated. Non-oil revenue performance continues to improve as policies for collection and administration of tax revenues are implemented by the National Revenue Authority (NRA). The digitization of the NRA collection system, coupled with enhanced compliance measures including penalties being levied have resulted in larger than expected returns.
During this reporting period, the Council of Ministers deliberated and approved the Commission for Truth Reconciliation and Healing (CTRH) and the Compensation and Reparations Authority (CRA) Bills. They were subsequently tabled in the RTNLA on 5 December 2023 and assigned to the committees of peace, justice and legislation, and are expected to be enacted when Parliament resumes after the Christmas recess.
In fulfilment of its mandate, the RJMEC leadership engaged the RTGoNU Presidency, IGAD, the African Union Peace and Security Council (AUPSC), and held two monthly meetings of its members to provide updates on the status of implementation of the R-ARCSS. The RJMEC urged for quick action on the part of the RTGoNU to improve on the pace of implementation and to better prepare for the conduct of elections.
RJMEC also identified several recurring challenges that continue to severely slow down implementation of the Agreement during the Transitional Period, with just about one year to go to the holding of elections. Among these are the: (i) lack of adequate funding to the Agreement Institutions and Mechanisms; (ii) trust deficit among the Parties; (iii) capacity gaps within the various implementation mechanisms; (iv) persistent levels of intercommunal violence in some of the states; (v) insecurity caused by military defections and holdout groups; and (v) severe flooding and the influx of returnees and refugees fleeing the conflict in Sudan.
The recommendations which follow, including to the Parties to the Agreement, RTGoNU, and IGAD 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.
To the Parties to the Agreement and Relevant Stakeholders:
1.1. discourage defections and promote the protection of civilians, as per articles 2.1.8, and 2.1.10 of the R-ARCSS;
1.2. continuously adhere to the minimum 35 percent women representation in appointments to the various commissions and agreement institutions and mechanisms;
1.3. cooperate in a collegial manner and present a unified plan for elections, and avoid unilateral pronouncements that are contrary to the letter and spirit of the Agreement; and
1.4. dialogue among themselves and agree on the practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections.