By Roger Alfred Yoron Modi,
Nov 26, 2021 — This part two of this article creates enlightenment on “New” Institutions that the Revitalised Agreement on the Resolution of the Conflict in South Sudan R-ARCSS says the Revitalised Transitional Government of National Unity RTGoNU shall establish upon the Commencement of the Transitional Period (See Chapter Four of the R-ARCSS on RESOURCE, ECONOMIC AND FINANCIAL MANAGEMENT).
According to Article 4.6. of the R-ARCSS, the New Institutions to be established are:
-Public Procurement and Asset Disposal Authority;
-Salaries and Remuneration Commission;
-Environmental Management Authority (EMA);
-Research and Development Centers: Natural Disasters, Strategic Studies and Scientific Research;
-Health Care Support Fund;
-Students Support Fund.
Significance of having the Institutions
Article 4.6.1 of the R-ARCSS recognizes that while the “New” Institutions be established, that be done without prejudice to other provisions of the R-ARCSS. So, without necessarily discussing relevant parts of the R-ARCSS that have been implemented or have not been implemented so far, the author of this article would like to point out that it is good to have the institutions established, however, they have to be established based on existing or new legislation, inline with the R-ARCSS.
It is worth recalling that in September 2018, the Transitional National Legislative Assembly at the time announced passing of the Procurement and Disposal of Assets Bill, said to be aimed at combating corruption and that it was awaiting President Salva Kiir’s assent and signing into law.
Well, in South Sudan, ensuring public right of access to information (including making information and laws available to the public) is still a big challenge. So, the author, just like many, remains unaware of the contents of that Procurement and Disposal of Assets Bill, and whether or not the President assented to it and signed it into law, or whether it came into law automatically, per the provisions of the Constitution.
Meanwhile, the R-ARCSS schedule has provided that the RTGoNU (the reconstituted TNLA included) enact laws for the establishment and formation of the above five “New” Institutions within the first twelve (12) months of the Transitional Period.
While delays in implementing the R-ARCSS continue to be there, with various reasons being cited, dialogue, engagements and knowing what should and can be done at various levels as far as reform and the implementation of the agreement is concerned is important and a part of the peace process.
Roger Alfred Yoron Modi, a South Sudanese journalist, is the author of the book Freedom of Expression and Media Laws in South Sudan. Roger is also the Producer and Host of The Weekly Review: Making Sense of Relevant Topics and News.
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