The people of South Sudan deserve to celebrate 10 years of independence which was hard fought for and long in coming. Though challenges have been numerous, the achievement is nonetheless great, and we must all believe that the future is bright.
As the chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), the body mandated to oversee the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), I reiterate the country needs improvement on some areas.
The conflicts that erupted since independence, notably in 2013 and 2016, have clouded how we look back at the decade since independence. The pain and suffering caused was immeasurable, and the distance that the country must cover to regain its sense of hope and excitement for the future is deeply regrettable. The path to today’s condition of peace has not been easy.
In 2017, the Joint Monitoring and Evaluation Commission (JMEC) assessed that the implementation of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS) of 2015 had been facing serious violations, and therefore it recommended to convene a High-Level Revitalisation Forum (HLRF) of the Parties to the ARCSS. After 15 months of intense negotiations, the HLRF culminated in the signing of the R-ARCSS on September 12, 2018.
Understanding the preamble of the R-ARCSS is important to gain a sense of the spirit of the agreement. It stipulates that the parties to the agreement committed themselves “to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law”, while “deeply regretting the untold human suffering that had befallen the country and people of South Sudan.”
There has been some progress in implementation of the agreement. In terms of governance, some fundamental building blocks have been put in place.
The Revitalised Transitional Government of National Unity, comprised of the five parties to the agreement, has been put in place. At its head is the presidency, with Salva Kiir, President of South Sudan, at its helm.
Furthermore, the Transitional National Legislative Assembly and the Council of States have been reconstituted, though the country is awaiting for their members to be sworn in.
A matter of concern, however, is 35 percent women’s representation in the national and state executive and legislative positions is observed.
In terms of transitional justice — the means through which the pain and suffering caused can begin to be atoned for — the ministry of Justice and Constitutional Affairs has recently launched the process of national public consultations for the establishment of the Commission for Truth Reconciliation and Healing.
The ministry has also established a taskforce to coordinate the implementation of Chapter 5 of the R-ARCSS, in its entirety and the judicial reforms in Chapter 1.
In Chapter 6, the permanent constitution-making process is set up well. RJMEC convened a workshop on this process, which took place in May 2021. The purpose and significance of this workshop was clear: under Article 6.9 of the R-ARCSS, the outcome shall form the basis for drafting the legislation to be enacted to govern the constitution-making process.
The Permanent Constitution of the Republic of South Sudan is a significant document because it is expected among other things to guide the conduct of elections at the end of the transitional period, and to guarantee good governance, constitutionalism, rule of law, human rights, and gender equality.
That said, any progress made must be viewed in conjunction with those areas of the agreement where progress has been too slow, or non-existent. Security (Chapter 2), and especially the transitional security arrangements, is one such area. In particular, the training and redeployment of the unified forces is a pre-transitional task carried forward into the transitional period, and is long overdue.
Humanitarian assistance and reconstruction (Chapter 3) and resource, economic and financial management (Chapter 4), have likewise seen slow progress.
So as we consider the achievement of 10 years of independence and the accompanying promise of a united, peaceful and prosperous society, we can see President Kiir, First Vice President Riek Machar, all the four vice presidents and the entire leadership and members of the parties to the RTGoNU, are staying the course of peace. They have been providing leadership in the implementation of the agreement, all the delays and challenges notwithstanding.
But it is clear that the people of South Sudan need more implementation in letter and spirit, both in scale and pace. It is incumbent on the parties to the agreement to redouble their efforts to push forward implementation, particularly the transitional security arrangements.
Furthermore, they must build and demonstrate greater political will, commitment and trust and confidence among themselves.
This is a message which will resonate deeply with the public so they see their leaders united in the government of their country.
In this way, the milestone of reaching the ten-year mark since independence will be honoured.
Maj-Gen Charles Tai Gituai is interim chairperson of the Reconstituted Joint Monitoring and Evaluation Commission