Official Response by the gov’t to the IGAD communique on the situation in South Sudan

THE REPUBLIC OF SOUTH SUDAN

 Ministry of Cabinet Affairs

Office of the Minister

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, 26^th July, 2016, Juba).

July 31, 2016 (SSB)  — The Council of Ministers of the Transitional Government of National Unity (TGoNU) listened, in its Regular Meeting No. 09/2016 on Friday the 22^nd 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 27^th African Union Summit held from the 10^th to the 18^th July 2016 in Kigali, Rwanda.

The TGoNU Council of Ministers notes the IGAD Heads of State and Government reference to the Communiqué of the 56^thExtra-Ordinary Session of the IGAD Council of Ministers, issued in Nairobi on 11^th 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 27^th 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 8^th 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 56^th Extra-Ordinary Session on the 11^th 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:

1. 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.

2013. As Stated in its previous response to the IGAD Council of Ministers Communiqué of the 11^th 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 15^th 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.

• 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.

1. 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 7^thJuly 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:

2016. 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 11^th July 2016.
2017. 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.

• 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 20^thJuly 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:

1. 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.
2. 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.

• 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:

1. Welcomes such a review provided that the TGoNU is fully consulted and persuaded to accept any new ideas.
2. 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’;

• The TGoNU) is willing to discuss, inter alia, the revised mandate of UNMISS as follows:

1. How the existing UNMISS force can provide for the personal protection of Dr. Riek Machar if he returns.
2. 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.
3. 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).
4. 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.
5. 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.
6. 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.
7. 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.

THE REPUBLIC OF SOUTH SUDAN

Ministry of Cabinet Affairs

Office of the Minister

Response of the Transitional Government of National Unity (TGoNU) Council of Ministers to the IGAD Communiqué of IGAD Council of Ministers

1. The Council of Ministers of the Transitional Government of National Unity (TGoNU) held an Extra-Ordinary meeting No. 02/2016 on the 12^th July 2016 and listened inter alia to a briefing from the Minister of Foreign Affairs and International Cooperation on the Communiqué of IGAD Council of Ministers during its 56^th Extraordinary Session on South Sudan held on the 11^th July, 2016 in Nairobi, Kenya. The Council resolved to respond to the IGAD Communiqué.

1. The Council further acknowledges the IGAD communiqué and expresses its sincere gratitude for its continuous concern on the political and security situation in the Republic of South Sudan. Furthermore, it expresses its unreserved commitment to cooperate with the leadership of IGAD to stabilize the situation in the context of the Arrangement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS).

1.  The fighting erupted on the 7^th July 2016, at the Lou Clinic security checkpoint.  On the 8^th July 2016 it erupted in the Presidential Palace and later on the 10^th July 2016 the SPLA-IO attacked a government force checkpoint and overran it. On the 11^th July 2016, government forces moved to recapture that post from the SPLA-IO. The same Lieutenant Colonel who shot security soldiers at the Lou Check point is the same officer who provoked the fight again in the Presidential Palace. Appendix-1 provides a brief description of the events for fair judgment of the parties to the conflict.

1. Having highlighted the events related to the fight in Juba, in point 3 above, the TGoNU Council of Ministers believes that:

1. The IGAD Council of Ministers must now have a concrete appreciation of what actually happened.
2. The TGoNU forces did not target any UN Compound, nor did they attempt to prevent civilians from getting protection. To the contrary UN forces targeted SPLA soldiers advancing to the recapture its post from the SPLA-IO and destroyed two T-72 tanks and killed several SPLA soldiers.

• The President showed undoubted control over the Presidential Guards and demonstrated responsibility for the safety of his colleagues, the First Vice President (FVP), the Vice President (VP) and other Ministers, otherwise South Sudan would have been plunged into severe insecurity and a high potential for total return to war.

In addition to the point made above (4-iii), the President exercises full command and control over the SPLA Forces as affirmed by the truce so far observed in Juba in response to Presidential Order (No. 17/2016 issued 11^th July 2016).

Juba is now calm, civilians are returning home, the army are recoiling to their respective barracks, security checkpoints have been reduced to only essential areas and messages of calm and reconciliation are being issued to the public from the Office of the President and through the Council of Ministers.

5. With regards to the demands outlined in the IGAD Council of Ministers Communiqué, the TGoNU Council of Ministers makes the following response:

6. On the Ceasefire (a): The Council confirms that H.E. The President issued an Order as referred to earlier (No. 17/2016) issued 11^th July 2016), declaring cessation of Hostilities between the SPLA and the SPLA-IO effective instantly from 6.00pm with unequivocal orders to all SPLA Commanders.

H.E. The President sent additional message to all Commanders reiterating the return of all SPLA Soldiers to their respective barracks, and calling on the forces to protect civilians and their property, protect any ethnic groups as well as any SPLA-IO who surrenders to the SPLA and limit security checkpoints to only essential and important government installations and institutions.

1. On Juba International Airport (b): The TGoNU Council of Ministers affirms that Juba International Airport was never closed to be re-opened. It admits the Airport witnessed a temporary interruption for outgoing and incoming flights. However, since the issuance of the presidential order for cessation of hostilities, Juba International Airport commenced operations effectively from the 12^th July 2016 and continues to operate peacefully and unabated. The normal functioning of the Airport has not been compromised. Hence the concern expressed in the IGAD Communiqué regarding protection of the Airport is not justified.

• On the Immediate Return on all Forces and Weapons to barracks (c): The Council confirms with delight that this concern has been addressed as explained in 5(i) above.

2013. On opening humanitarian corridors (d): Open delivery of humanitarian assistance and secure delivery corridors have always been a high priority policy of the government since the eruption of the conflict on the 15^th December 2013.

It remains a cornerstone policy of the TGoNU, which 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.

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.

 

1. On the Revision of UNMISS Mandate (e): The Council recalls that the Mandate of UNMISS was reviewed in November, 2015, and that UNMISS currently has a force of over twelve thousands troops.

As outlined earlier, fighting has come to an end and the security situation is returning to normalcy. Therefore, the Council sees no justification and strongly believes that the establishment of an Intervention Brigade will actually complicate the situation and increase insecurity.

As for the demand of the IGAD Council of Ministers to increase troops to inter alia secure Juba, this is provided for in Chapter-II, Article 5 of the ARCSS. With the current improvement in the Security situation in Juba the Council again sees no reason for this demand.

 

2016. On Accountability of those responsible for the breakdown of law and order (f): The President of the Republic issued a Republican Order (No. 16/2016, effective 8^th July, 2016) for the formation of an Investigation Committee to investigate the incidents, which started with the fight on the 7^th July 2016.

The Minister of Interior is the Chairperson assisted by the Minister of National Security as Secretary and with the membership of five (5) senior officers from both sides. The same committee will equally investigate the incident of the 8^th July 2016.  The committee is given the option to co-opt any relevant member or members. TGoNU awaits for the report of the Committee and its recommendations.

• On the implementation of the security arrangements as enshrined in the ARCSS (g): The Council had hoped that H.E. President Festus Mogae, Chairperson of the Joint Monitoring and Evaluation Commission (JMEC) briefed the IGAD Council of Ministers on the progress already made on the implementation of the Security Arrangements.

However, the Council confirms that since the commencement of the implementation of the Agreement many parts of Chapter-II on the Permanent Ceasefire and Transitional Security Arrangements, have been undertaken. These include the formation of: (i) The Joint Military Ceasefire Commission (JMCC), (ii) The Ceasefire and Transitional Security Arrangement Monitoring Mechanism (CTSAMM), (iii) the Strategic Defense and Security Review (SDSR) Board, and (iv) The Joint Integrated Police (JIP).

In addition the Council made several resolutions on the release of Prisoners of War and Detainees, Cantonment Areas in Greater Upper Nile and the Greater Equatoria, the verification of Cantonment areas in Greater Bahr-el-Ghazal and directives given to the JMCC and CTSAMM to immediately implement those Resolutions.

5. In conclusion

 

1. The TGoNU Council of Ministers reiterates its appreciation of the concerns raised by the IGAD Council of Ministers and underlines its commitment to cooperate with IGAD and the entire International Community to ensure security in Juba specifically and South Sudan in general.

1. The Council regrets the unfortunate fighting that erupted on the 7^th July, 2016, after nearly three months of the establishment of the Transitional Government of National Unity and assures IGAD the Agreement on the Resolution of the Conflict in the Republic of South Sudan is the only valuable instrument for peace in South Sudan and call on IGAD to continue providing support.

Dr. Martin Elia Lomurö

11/7/2016

Minister of Cabinet Affairs,

The Transitional Government of National Unity,

Juba, South Sudan.

 

Appendix-1

Statement of facts on the fighting, which erupted in the Republic of South Sudan on the 7^th, 8^th, 10^th and the 11^th of July 2016 respectively.

 

6. The TGoNU Council of Ministers wishes to make a brief statement of facts regarding the unfortunate fighting that erupted on the 7^th July and continued till the 11^th of July, 2016, as follows:

7. On Thursday the 7^th July, 2016, at approximately 7.45 pm Lieutenant Colonel David Rieu from the SPLA/IO shot dead five (5) people (Two National Security, 2 Military Intelligence and a passing by Medical Doctor) conducting routine security checks at a Checkpoint near Lou Clinic a distance from the center of Juba Town, in preparation for the 5^th Independence Celebration day
8. The following day on Friday the 8^th July 2016, H.E. The President called on the FVP and the VP for a meeting in the Presidential Palace (J-1) to discuss how to de-escalate the situation.

• On the 8^th July 2016, it was observed that the FVP came to the meeting with a convoy of twenty (21) Land Cruisers estimated to carrying over three hundred well-armed soldiers. The meeting, nevertheless, commenced and continued undisturbed to the point where the three leaders made credible resolution on the way forward, except for a few minor points that were to be ironed out the at 11.00am on Saturday the 9^th July, 2016.

1. Before the three leaders could conclude their meeting in the President’s meeting Hall, gunshots rained unabated at the Southern Gate to J-1. Despite all that happened, the President issued a Republic Order No. 17/2016 for immediate cessation of hostilities with immediate effect from the date of the signature as from 1800 hours GMT (6 pm) yesterday the 11^th July 2016.
2. The three leaders were taken by surprise and caught unaware as to the cause of the shooting that was taking place inside, outside and around the Palace. Indeed, they were paralyzed and unable to control the situation until the Minister of National Security intervened.
3. As the Presidential Guards gradually contained the assault, it finally transpired that the Lieutenant Colonel David Rieu of the SPLA-IO, who shot dead the five people on Thursday 7^th July 2016, had imposed himself to enter the Palace and on resistance by the Presidential Guards shot dead 1^st Lt. Kouch Kouch and that ignited the fighting.

• As the President took control of the situation, the FVP revealed that the Lt. Colonel who ignited the fight was not amongst the officers who were to accompany him for the meeting.

• From there on, the President throughout the hours of fighting:

1. Personally protected the FVP and the VP in his office’, and the three
2. Called on his personal armored vehicle to be brought from his residence, covered the FVP from reach by his own guards,
3. Opened for him the door and got him seated in the vehicle and then instructed the driver to take him safely up to Checkpoint at Lou Clinic so that he walks to his residence under the protection of his own guards.
4. Before he was driven away, the President requested that he should call him to confirm that he had arrived safely. Indeed the FVP call on arrival to his residence and thanked H.E. The President for the leadership he had shown to personally protect him during the unfortunate incident’.

7. Prior to the evacuation of the FVP, the three leaders had agreed to meet on Saturday the 11^th July, 2016, at 11.0am to further discuss the aggravated situation but since than the FVP is yet to confirm his intention to come for the meeting although he has made contact with H.E. The President.
8. As we write this response, His Excellency the President is patiently awaiting contact from his FVP in order to continue working with him and the others leaders of South Sudan to de-escalate the situation and focus in the implementation of the Agreement on the Resolution of the Conflict in the Republic of South Sudan because it is the only sensible mechanism to return the Country to political and security stability.

 

TGoNU Council of Ministers to the IGAD Communiqué dated 11^th July, 2016

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