Response Of TGoNU To AU Head Of States And Government And IGAD Plus
"The Response of the Transitional Government of National Unity (TGoNU)
of the Republic of South Sudan to the Communiqué of the Heads of State
and Government of the IGAD Plus on the Situation in the Republic of
South Sudan (Tuesday, 26th July, 2016, Juba)."
01 August 2016
THE REPUBLIC OF SOUTH SUDAN
Ministry of Cabinet Affairs
Office of the Minister
The Council of Ministers of the Transitional Government of National
Unity (TGoNU) listened, in its Regular Meeting No. 09/2016 on Friday
the 22nd July 2016, to a report prepared by Hon. Nhial Deng Nhial,
Senior Presidential Advisor and presented by the Minister of Foreign
Affairs and International Cooperation on the Communiqué of IGAD Heads
of State and Government of the IGAD Plus on the Situation in South
Sudan during the 27th African Union Summit held from the 10th to the
18th July 2016 in Kigali, Rwanda.
The TGoNU Council of Ministers notes the IGAD Heads of State and
Government reference to the Communiqué of the 56thExtra-Ordinary
Session of the IGAD Council of Ministers, issued in Nairobi on 11th
July 2016, and the report and recommendations of the Chairperson of
JMEC as well as the briefing and recommendations of the AU High Level
Representative for South Sudan, to strengthen the collaborative
arrangements envisaged in the creation of the IGAD Plus to reach its
resolutions on South Sudan.
The TGoNU conveys its appreciation to the Heads of State and
Government of the IGAD Plus, all the participants of the 27th African
Union (AU) Summit, the IGAD Council of Ministers and the Chairman of
the Joint Monitoring and Evaluation Commission (JMEC) for their
concern and consistent commitment to help South Sudan out of its
crisis. The TGoNU Council of Ministers, however, makes the following
response to same aspects of the aforementioned communiqué.
1. The TGoNU strongly reiterates the fact that the insecurity
confronting South Sudan today is directly related to and as a sequel
to Dr. Riek Machar’s failed Coup de tat of December 2013, just like he
did in 1991. Neither the Region nor the International Community
acknowledged Dr. Riek’s failed Coup de tat of December 2013, despite
the evidence. This time the same Dr. Riek Machar attempted another
coup de tat, which also failed, right inside the Presidential Palace
itself on the 8th July 2016. Again the Region and the International
Community do not want to recognize the genesis of the problem and
continue to blame both the government and Dr. Riek Machar alike. Yes,
the Agreement on the Resolution of the Conflict in the Republic of
South Sudan (ARCSS), as difficult as it is to implement, was designed
to address the perceived root causes of that failed coup de tat. But
there must be admission of the truth of the situation so that the
challenges are dealt with fairly and honestly.
2. The IGAD Council of Ministers reached its Resolutions during
its 56th Extra-Ordinary Session on the 11th July 2016, on the basis of
unconfirmed informal sources of information well before the facts
related to the incident could be established. The TGoNU Council of
Ministers hence calls on the IGAD Council of Ministers to review its
position in the light of the facts now accumulated and available.
3. The TGoNU Council of Ministers is also reliably informed that
the UN Secretary General, H.E. Ban Ki moon, chose to attend that
meeting of the Heads of State and Government of the IGAD Plus in order
to influence its outcome particularly with regards to arms embargo,
targeted sanctions and the renewal of UNMISS mandate to include
controversial proposals such as ‘the creation of a Protection Force,
Intervention Force or Buffer Zone Force, which would undoubtedly
undermine the independence and sovereignty of the Republic of South
Sudan.
4. The TGoNU recognizes the sincere concern of the Region and the
International Community about the risk of South Sudan relapsing to
violence, even full blown war, with dire humanitarian consequences.
The Government of South Sudan is cognizant of this reality and
confirms its unwavering commitment to the ceasefire declared by H.E.
President Salva Kiir Mayardit, and undertakes to launch additional
measures as follows:
i. The TGoNU Council of Ministers
commits itself to reinvigorate efforts to work with all the
humanitarian agencies as well as UNMISS to address any impediments to
the timely delivery of food aid, easy access to IDPs and expedite
flights clearance and any other new challenges that may arise during
humanitarian operations.
ii. As Stated in its previous
response to the IGAD Council of Ministers Communiqué of the 11th July
2016, the Government of South Sudan maintains a policy for open
delivery of humanitarian assistance and secure delivery corridors
since the eruption of the conflict on the 15th December 2013. It
remains a cornerstone policy of the TGoNU and has been reinforced by
Presidential Orders to all the Governors of the States of South Sudan
and SPLA Commanders to remove illegal roadblocks and allow unhindered
delivery of humanitarian assistance to those in need all over the
Country.
iii. The Ministry of Humanitarian
Affairs and Disaster Management, in collaboration with the Relief and
Rehabilitation Commission (RRC), has developed a plan of action to
implement Chapter III of the ARCSS on Humanitarian Assistance and
Reconstruction. This plan is now the subject of discussion between the
Ministry, the RRC, United Nations humanitarian agencies and others to
agree on the articulated strategic direction and plan of action on the
subject.
iv. The TGoNU has directed the
Ministries of Defense and Veterans Affairs, National Security of, and
Interior to secure the lives of our citizens and to protect their
properties. In particular, the Ministries are to investigate
accusation of lynching of civilians on ethnic ground and enhance
security of persons in order to engender confidence of citizens in the
security forces.
5. The Heads of State and Government of the IGAD Plus have
condemned in the strongest terms in paragraph (4) of their Communiqué
the fighting that broke out in Juba on 7thJuly 2016, and apportioned
equal condemnation on both the SPLM/IG and SPLM/IO. In December, 2013,
IGAD not only refused to recognize the outbreak of fighting as an
attempted coup de tat but blamed both the government of South Sudan
and the rebels despite the good will demonstrated by the President in
releasing the perpetrators of the failed coup de tat.
6. This time again, and to our utter disappointment, the IGAD
Council of Ministers and the IGAD Heads of State and Government
refused to acknowledge the truth about the cause of the recent
violence. They could not even appreciate the outstanding statesmanship
demonstrated by the President of the Republic in protecting the First
Vice President whose forces were busy trying to force their way in to
assassinate the President himself.
7. The government unreservedly concurs and equally condemns the
targeting of diplomatic personnel, UN compound and protection of
civilian sites (PoCs) that resulted in the death of peacekeepers, as
well as the looting of the UN humanitarian stores by armed groups as
came in Paragraph (5) of their Communiqué.
Paragraph (5) of the Communiqué is a reflection of the earlier UNMISS
report on the matter and the government undertakes to carryout a joint
investigation with UNMISS with a view to ensuring accountability of
those responsible for these barbaric acts. The government of South
Sudan sincerely expressed its condolences and apology to the
government of China over the death of its peacekeeping soldiers in
South Sudan.
8. The Government welcomes and appreciates the acknowledgement
made by the IGAD Heads of State and Government in paragraph (6) of
their Communiqué, for the ceasefire declared by the leaders of SPLM/IG
and SPLM/IO. Further:
i. The Government stresses and
reiterates its full commitment to the unconditional implementation of
the ceasefire issued by H.E. The President of the Republic on the 11th
July 2016.
ii. The Government is committed to
the immediate investigation of the recent violence in Juba, to
substantiate or disqualify the TGoNU’s claim of a Coup attempt, as
well as the cause of fighting elsewhere in South Sudan. In this
regard, a Ministerial Committee has already been established headed by
the Hon. Minister of Interior, who is the Deputy Chairman of the
SPLM/IO; the recommendations of which shall constitute the basis for
holding those responsible accountable according to the relevant laws
of South Sudan. For transparency, the investigation report shall also
be availed to IGAD, the AU and the international community.
iii. Under the leadership of the
Minister of Defense and Veterans Affairs, and the Chief of General
Staff, the army established a Court Martial on Wednesday the 20thJuly
2016 for the trial of soldiers who might have committed atrocities and
crimes during the recent events. Again, for transparency the
investigation report shall be shared with IGAD, the AU and the entire
international community.
9. Both Paragraphs (8) and (9) of the Communiqué of the Heads
of State and Government of the IGAD Plus support the recommendations
by the United Nations Secretary-General to enforce the UN Mission in
South Sudan (UNMISS). We interpret re-enforcement (in paragraph 8) to
mean ‘increasing the number of peacekeeping forces in South Sudan or
‘provision of more advanced weapons and equipment’. This is in line
with the previous demand by UNMISS, through the Security Council, for
gunships, drones and warplanes.
Paragraph (9) of the Communiqué on the other hand calls upon the UN
Security Council to extend the mission of UNMISS with a revised
mandate to inter alia serve as: (a) intervention force to separate the
warring parties, (b) protection force for major installations
including Juba International Airport, (c) protection force for the
civilian population and (d) a force for the pacification of Juba which
could be understood to mean securing or guaranteeing the security of
Juba but not in exclusion of de-militarization.
10. In view of the contents of Paragraphs 8 and 9 of the
Communiqué of the Heads of State and Government of the IGAD Plus which
support the recommendations by the United Nations Secretary-General,
the TGoNU Council of Ministers reiterates the following:
i. The TGoNU acknowledges that
the security challenges before South Sudan are related to the
implementation of the Provisions of the Security Arrangements under
Chapter II as mentioned in Paragraph (11) of the Communiqué of the
Heads of State and Government of the IGAD Plus.
ii. The TGoNU has always been
committed to the expeditious establishment of the security
architecture envisaged in the ARCSS and provision of unhindered access
to the Monitoring and Verification Teams (MVTs) under the Ceasefire
and Transitional Security Arrangement Monitoring Mechanism (CTSAMM).
The TGoNU agrees and genuinely recommits itself to the immediate
implementation of this provision to address the remaining outstanding
security issues, including verification of redeployment of forces of
Juba as per the Agreement, establishment of cantonment areas, and
establishment of Joint Integrated Police (JIP). Repeatedly the
Chairman of JMEC agrees that the biggest challenge in this respect is
funding.
iii. The TGoNU and the people of the
Republic of South Sudan unanimously REJECT the use of the notion of
‘Protections of Civilians’ as a strategy to compromise the hard-earned
independence and the sovereignty of South Sudan. The protection of
civilian population is a primary constitutional function of the
Government of the Republic of South Sudan, as it is in any country the
world over.
Referring this primary responsibility to UNMISS or to a regional force
is a serious violation of the sovereignty of State, particularly when
the Government has not failed to do so. Even during the unfortunate
events of December 2013, and July 2016, it was the government, not
UNMISS that protected its citizens across South Sudan. Furthermore,
following the departure of the SPLM/A-IO troops from Juba and its
environs there are no longer forces in Juba to be separated by a
‘Protections Force’, which now becomes obviously redundant.
11. The TGoNU informs the international community, including
IGAD, AU and UN, that they have not been forthcoming in honoring their
roles as stakeholders in supporting the implementation of security the
arrangements. The TGoNU institutions are preparing their respective
budgets for the implementation of the ARCSS and appeal to the
stakeholders to make tangible responses.
12. The TGoNU welcomes and appreciates the appeal of the
Heads of State and Government of IGAD Plus in paragraph (12) of their
Communiqué, calling on the international community and humanitarian
agencies to come to the rescue of affected populations in South Sudan
by strengthening their presence and mobilizing requisite resources.
TGoNU once again declares its commitment to guarantee safe
humanitarian corridors for the passage of displaced communities and
the delivery of humanitarian supplies, as it has always done.
13. Finally on the recommendations for the UN Security
Council to extend the mandate of UNMISS with a revised mandate, the
TGoNU:
i. Welcomes such a review
provided that the TGoNU is fully consulted and persuaded to accept any
new ideas.
ii. Would consider consultation on
a revised UNMISS mission to include key aspects of development. Our
experience from the CPA, 2005, indicates that ‘peace without
development cannot succeed’;
iii. The TGoNU) is willing to
discuss, inter alia, the revised mandate of UNMISS as follows:
a. How the existing UNMISS force can provide for the personal
protection of Dr. Riek Machar if he returns.
b. UNMISS to contribute towards construction of military barracks
for the SPLA units, which were redeployed out of Juba to 25 KMs radius
from the centre of the town (i.e. a diameter around Juba of 50 KMs) as
part of the redeployment outside Juba that began last year.
c. The revised mandate to include refiguring of its composition
to reflect the majority of its force being involved in reconstruction
of roads, schools, clinics, agriculture, public financial management,
procurement (e.g. UNOPs).
d. Discuss obligations of the TGoNU and UNMISS to address the
issue of the POCs in the immediate and in the long term including
their closure and how the SPLA could be transformed into a standing
National army composed of all ethnic groups of South Sudan.
e. A consultation exercise between Countries contributing to the
UNMISS force in South Sudan over how to apportion responsibility with
regards to the training of the SPLA, helping with the construction of
roads, agriculture and schools respectively.
f. TGoNU to negotiate with the UN member states on how to assist
South Sudan with the governance aspect of the transition, especially
how the Security Sector could be empowered to better perform their
duties.
g. The TGoNU remains seized with the ARCSS and the position
expressed in this document.
29/7/2016
Dr. Martin Elia Lomurö
Minister of Cabinet Affairs
The Transitional Government of National Unity.
Posted in: Opinions, Peace Documents
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