7840TH MEETING (PM)
Adopting Resolution
2327 (2016), Security Council Grants Mandate Extension of United Nations
Mission in South Sudan, Considers Possible Sanctions
Arms Embargo Warnings, Punitive Actions
Counterproductive to Peace Process, Permanent Representative Stresses
Expressing deep
concern at the security situation in South Sudan and the possibility of an
outright ethnic war, the Security Council this afternoon extended the mandate
of the United Nations Mission in South Sudan (UNMISS) to 15 December 2017,
strengthening its mandate with additional powers to protect civilians while
expressing its intention to consider sanctions against those whose actions
undermined peace, stability and security in the country.
Unanimously adopting
resolution 2327 (2016), the Council reiterated its increasingly grave alarm and
concern regarding the political, security, economic and humanitarian crisis in
South Sudan resulting from a political dispute within the Sudan People’s
Liberation Movement (SPLM) and subsequent violence caused by the country’s
political and military leaders.
By the text, and
acting under Chapter VII of the United Nations Charter, the Council demanded
that all parties immediately end the fighting throughout South Sudan, and that
the country’s leaders implement a permanent ceasefire declared in the Agreement
on the Resolution of the Conflict in the Republic of South Sudan signed in
August 2015.
It demanded that the
Transitional Government of National Unity of South Sudan comply with the
obligations set out in the Status of Forces Agreement between the Government of
South Sudan and the United Nations, and immediately cease obstructing UNMISS in
the performance of its mandate. Furthermore, it demanded that the
Transitional Government immediately cease obstructing international and
national humanitarian actors from assisting civilians.
The Council also
authorized UNMISS to use “all necessary means” to protect civilians under
threat of physical violence, to deter violence against civilians, to implement
a Mission-wide early warning strategy, to maintain public safety and security
within UNMISS protection of civilian sites, and to deter and prevent sexual and
gender-based violence.
As well, the 15-nation
body authorized the Mission to monitor and investigate human rights abuses and
violations, create conditions conducive to the delivery of humanitarian
assistance, and support implementation of the Agreement on the Resolution of
the Conflict.
The Council decided to
increase the overall force levels of UNMISS by maintaining a troop ceiling of
17,000 troops, including 4,000 for a Regional Protection Force, and
increasing the police ceiling to 2,101 police personnel. It
authorized the Regional Protection Force to use all necessary means — including
robust action where necessary — to accomplish its mandate.
In addition, the
Council, while taking note of the Transitional Government’s announcement to
conduct an inclusive national dialogue, also expressed its intention to
consider “all appropriate measures, as demonstrated in resolutions 2206 (2015)
and 2290 (2016), against those who took actions which undermined peace,
stability and security in South Sudan. It stressed the sanctity of United
Nations protection sites and specifically underscored that those involved in
attacks against UNMISS personnel and premises, or any humanitarian personnel,
may meet designation criteria set out in resolution 2206 (2015).
South Sudan was being
threatened with civil war, warned the representative of the United States,
adding that resolution 2327 (2016) urged parties to return to the peace
process. It also ensured that the Council would have the possibility to
use sanctions. An arms embargo was called for and targeted sanctions
would be an effective tool to send a message to leaders on both sides.
However, the
representative of the Russian Federation pointed out, the resolution’s sponsors
had, once again, not taken on board concerns of the Russian Federation, but
instead had wanted to push through sanctions while ignoring the decisions of
the Intergovernmental Authority for Development (IGAD) that sanctions were
counterproductive.
The representative of
South Sudan, while welcoming the renewal and extension of the Mission’s
mandate, expressed his disappointment that the Council continued to deliberate
on issues of peace and security without adequate consultations with the African
region. Rather than negative threats of sanctions and punishment, South
Sudan needed a positive and constructive agenda that included the return of
security and stability, he stressed.
Also speaking were
representatives of China, Egypt, Venezuela, Malaysia, New Zealand, United
Kingdom, Senegal, Angola, Uruguay and Spain.
The meeting started at
4:04 p.m. and adjourned at 4:55 p.m.
Statements
ISOBEL COLEMAN (United
States) recalled that at a recent Security Council meeting with the Special
Adviser to the Secretary-General on the Prevention of Genocide had warned that
South Sudan was at risk of genocide. Now, South Sudan was being
threatened with civil war. Resolution 2327 (2016) urged parties to return
to the peace process. It also ensured that the United Nations Mission in
South Sudan (UNMISS) had the necessary tools to protect civilians. The
resolution was focused on UNMISS having the right mandate and that the Council
would have the possibility to use sanctions. An arms embargo was called
for and targeted sanctions would be an effective tool to send a message to
leaders on both sides.
PETR V. ILIICHEV (Russian
Federation) said he had supported the resolution in order to continue
efforts to return to the peace process. However, the sponsors had, once
again, not taken on board concerns of the Russian Federation. As well,
other delegations had pushed through their own priorities. They seemed to
only “use the stick and not the carrots”. Despite positive developments,
the sponsors wanted to push through sanctions and had ignored the
Intergovernmental Authority for Development (IGAD) decisions that sanctions
were counterproductive. He emphasized that he could not agree to the
future Hybrid Court in South Sudan, adding that it was unacceptable to use
drones, given the objection of the South Sudan Government.
WU HAITAO (China)
said the international community should take the opportunity to call on parties
to implement the peace agreement. He welcomed the leading role of IGAD in
mediating in the matter. The Council should send more positive messages
to encourage the parties to meet halfway. As for sanctions, he stressed
that the Council should act with prudence. While voicing support for the
renewal of the Mission’s mandate, he added that it should implement the peace
agreement and protect civilians. He also noted that in support of the
peace process, China had provided some 1000 peacekeepers to the Mission.
AMR ABDELLATIF
ABOULATTA (Egypt) said that the Council, through its resolution, had
reached a minimal level of consensus. That was the real political gain of
the day. He firmly believed in sending a united message to South Sudan’s
warring parties, he said, adding that the punitive approaches had proven
ineffective. The Council should focus on reaching a political
breakthrough and promoting dialogue. All parties in South Sudan bore
responsibility for alleviating the suffering of its people. The
international community’s patience and its understanding of the specificities
in South Sudan did not mean acceptance of violence against civilians.
HENRY ALFREDO SUÁREZ
MORENO (Venezuela) emphasized the need to preserve unity in the Council
vis-à-vis South Sudan and the role of UNMISS. Negotiations did not
address some concerns expressed by Venezuela, he said, including language on
sanctions. He highlighted the position recently taken by countries in the
region that an arms embargo would not bring peace, reiterating his position in
favour of “African solutions to African problems”. The Council should
join efforts to revitalize the political process in South Sudan and draw up a
strategy with countries in the region.
RAMLAN BIN IBRAHIM (Malaysia)
said that, through the resolution, UNMISS would be better equipped to continue
playing a critical and pivotal role in South Sudan, including the protection of
civilians. He expressed appreciation for the ongoing efforts of the
Government and encouraged collaboration between the Government, UNMISS and the
United Nations.
PHILLIP TAULA (New
Zealand) said he welcomed consensus but would have preferred that there had
been sufficient time for further discussion. The Council should have
considered the mandate of UNMISS and should have included the special
investigation by a task force into the Mandate. The most pressing task of
the Mission was the protection of civilians and the support for the peace
process. He asked for more meaningful consultation with
troop-contributing countries and other stakeholders.
GORGUI CISS (Senegal)
said he had voted in favour of the resolution, working in close cooperation
with the delegation of the African Member States. A united approach was
required in full cooperation with organizations and countries of the subregion,
including exchanges with the African Union and IGAD. There must be an
effective response to threats to civilians, as well as implementation of the
peace agreement and the monitoring of human rights, he said, taking note of the
Government’s decision to authorize a regional force.
PETER WILSON (United
Kingdom), welcoming the unanimous adoption of the resolution, underscored
that UNMISS was vital for the protection of civilians when they needed it most.
In many ways, the Mission was charged with an impossible task: to keep
the peace where there was no peace to keep, as violence was ongoing along
ethnic lines. He called on all leaders to end the violence and to engage
in an inclusive political solution. Warning that the conflict did not
stop at the borders, he said neighbouring countries were host to a million
refugees. The people of South Sudan were paying the highest price for the
war and if the Government continued on its path, the Council had to act,
including by applying sanctions and an arms embargo.
JULIO HELDER MOURA
LUCAS (Angola), calling the situation in South Sudan a matter of great
concern for the Security Council, expressed his full support for UNMISS, its
leadership and staff. The main purpose of the text was to renew the
Mission’s mandate for another 12 months. However, provisions about a
sanctions regime and the management of a hybrid court to be established by the
African Union remained issues of concern among Council members. The
current situation in South Sudan should be address through meaningful political
dialogue leading to a permanent ceasefire and, in turn, sustainable peace, he
said, urging all parties to take necessary steps to protect civilians.
LUIS BERMÚDEZ (Uruguay)
said it was urgent for the Security Council to renew its commitment to peace,
security and stability in South Sudan. Although he had had no major
objections to the text, he stated that he understood that concerns expressed by
some members could have been taken into account during negotiations.
Council members needed to have a frank and friendly talk about improving
negotiating procedures in order to improve the quality of Council resolutions.
JUAN MANUEL GONZÁLEZ
DE LINARES PALOU (Spain), Council President for December, spoke in his
national capacity, saying that UNMISS was one of the most sorely needed
peacekeeping missions. There had been indications that the conflict in
South Sudan might well become a war along ethnic lines. Everyone present
and the authorities in South Sudan needed to do their upmost to prevent the
situation from deteriorating further, he said, emphasizing that it was
essential for UNMISS to operate without restrictions in order to fulfil its
mandate, protect civilians and distribute humanitarian assistance.
JOSEPH MOUM MAJAK NGOR
MALOK (South Sudan) welcomed the renewal and extension of the mandate of
the United Nations Mission in South Sudan (UNMISS) for 12 months, during
which time the Mission would be called upon to protect civilians, monitor human
rights, create conditions conducive to the delivery of humanitarian assistance,
and support the implementation of the peace agreement signed in August
2015. The situation had improved following the recent agreement of South
Sudan to implement the Joint Transitional Government of National Unity-United
Nations Security Council Communique of 4 September, which concerned the
deployment of the Regional Protection Force.
However, he expressed
his disappointment that the Council continued to deliberate on issues of peace
and security without adequate consultations with the African region. The
Intergovernmental Authority for Development (IGAD) Assembly of Heads of State
and Government had held its twenty-ninth Extra-Ordinary Summit in December in
Addis Ababa, where it noted that an arms embargo or sanctions on South Sudan
would not provide the solution being sought to bring about permanent peace and
stability. What was required was dialogue and commitment by all South
Sudanese parties to implement the agreement.
The Government of
South Sudan continued to oppose the negative threats of sanctions and
punishment, which only undermined cooperation, he said. The call for an
arms embargo and targeted sanctions on senior Government officials would only weaken
the Government’s ability to execute its constitutional mandate. On
14 December, President Salva Kiir had reiterated his commitment to the
implementing of the peace agreement, and had announced the launch of a national
dialogue that would include all stakeholders.
He went on to say that
the President had also recently declared a unilateral ceasefire, with
instructions to the national army to fight only in self-defence. Amnesty
had also been granted to those who had taken up arms against the State, and the
Ministerial Committee of the Transitional Government of National Unity, charged
with the implementation of the Joint Communique and resolution 2304 (2016), had
been created. He also noted that President Kiir had established the
National Planning Committee and the Humanitarian High-Level Committee.
Rather than negative
threats of sanctions and punishment, South Sudan needed a positive and
constructive agenda that included the return of security and stability, he
stressed. As well, his country required nationwide peace and
reconciliation efforts, the strengthening of the security sector and judiciary,
and support on efforts to help get guns out of the hands of civilians.
Resolution
The full text of
resolution 2327 (2016) reads as follows:
“The Security Council,
“Recalling its previous resolutions 1996 (2011), 2046
(2012), 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206
(2015), 2223 (2015), 2241 (2015), 2252 (2015), 2302 (2016), and 2304 (2016) and
statements by its President S/PRST/2014/16, S/PRST/2014/26, S/PRST/2015/9,
S/PRST/2016/1, and S/PRST/2016/3,
“Reaffirming its strong commitment to the sovereignty,
independence, territorial integrity, and national unity of the Republic of
South Sudan, and recalling the importance of the principles of non-interference,
good-neighbourliness, and regional cooperation,
“Reiterating its
increasingly grave alarm and concern regarding the political, security, economic, and humanitarian
crisis in South Sudan, resulting from the internal Sudan People’s Liberation
Movement (SPLM) political dispute, and subsequent violence caused by the
country’s political and military leaders since December 2013, and emphasizing there can be no military solution to the
situation in South Sudan and noting the “Agreement on the Resolution of the
Conflict in the Republic of South Sudan” (the Agreement) as the framework for
durable peace, reconciliation and national cohesion in South Sudan, calling upon all stakeholders to re-affirm their
commitment to the full and timely implementation of the Agreement,recognizing action taken in this regard, and encouraging continued action,
“Recalling its press statement of 18 November 2016
on the ethnic violence and the situation in South Sudan and, in this regard, expressing
deep alarm over the escalation of
ethnic violence, particularly in the Equatorias, and strongly condemning all
instances of attacks against civilians, ethnically targeted killings, hate
speech, and incitements to violence, and further expressing deep concern at the possibility that what
began as a political conflict could transform into an outright ethnic war, as
noted by the Special Adviser for the Prevention of Genocide, Adama Dieng,
“Expressing deep
concern at the tense and
fragile security situation across the country, including armed clashes and
violence involving the Sudan People’s Liberation Army (SPLA) and SPLA-In
Opposition (SPLA-IO), and armed groups, condemning in the strongest terms the fighting in Juba,
South Sudan 8-11 July 2016, including attacks against civilians, United
Nations personnel, premises and property, and humanitarian personnel and
assets, further condemning the clashes that took place at the United
Nations Protection of Civilians site in Malakal, South Sudan on
17-18 February 2016, and reminding all parties of the civilian character of Protection of Civilians
sites in South Sudan,
“Recalling that individuals or entities responsible for
or complicit in, or having engaged in, directly or indirectly, actions or
policies that threaten the peace, security or stability of South Sudan, may be
designated for targeted sanctions pursuant to resolution 2206 (2015), 2271
(2016), 2280 (2016), and 2290 (2016), including individuals who engage in
attacks against United Nations missions, international security presences, or
other peacekeeping operations, or humanitarian personnel recalling its willingness to impose targeted sanctions,
“Taking note of the decisions adopted by the
Intergovernmental Authority on Development (IGAD), including the continued and
collective commitment of the region in the search of lasting peace, security
and stabilization in South Sudan, including through the early deployment and
full operationalization of the Regional Protection Force (RPF), and taking note of the Transitional Government of National
Unity’s (TGNU) consent to deployment of such a force in the 4 September
2016 UN Security Council-TGNU Joint Communique as well as in its
30 November 2016 letter, urging the TGNU to implement its commitments, and welcoming the readiness expressed by member states in
the region to increase their contribution of troops to the United Nations
Mission in the Republic of South Sudan (UNMISS) for this purpose,
“Stressing the primacy of the political process and, in
this regard, looking forward to its reinvigoration and the design of a clear political
strategy for the peaceful resolution of the conflict in South Sudan, based on
the framework provided by the Agreement, with the support of the UN
Secretary-General through the use of his good offices, in close collaboration
with the African Union (AU), including its High Representative Alpha Oumar
Konare and IGAD, including the Joint Monitoring and Evaluation Commission
(JMEC) Chairperson Festus Mogae, to achieve a cessation of hostilities and lead
the parties to an inclusive peace process and implementation of the Agreement,
“Welcoming the commitment of countries in the region, the
African Union Peace and Security Council, and IGAD to continue engaging with
South Sudanese leaders to address the current political crisis, encouragingtheir continued proactive engagement and in
this regard, taking note of the communiqué of the 29th Extraordinary
Summit of the IGAD Heads of State and Government,
“Commending the work of UNMISS, stressing the importance of effective engagement and
liaison with local communities, as well as humanitarian actors, including
through regular communication about security threats and related information,
both within and outside the Protection of Civilians sites, in order to fulfil
UNMISS’s Protection of Civilians mandate,
“Recognizing that unarmed civilian protection can often
complement efforts to build a protective environment, particularly in the
deterrence of sexual and gender-based violence against civilians, and
encouraging UNMISS, as appropriate, and when possible, to explore how it can
use civilian protection techniques to enhance its ability to protect civilians,
in line with the UN Secretary-General’s recommendation,
“Strongly condemning the continued obstruction of UNMISS by the
TGNU, including severe restrictions on freedom of movement and constraints on
mission operations which may be in violation of its obligations under the
Status of Forces Agreement (SOFA),
“Strongly condemning all human rights violations and abuses and
violations of international humanitarian law, including those involving
extrajudicial killings, ethnically targeted violence, rape and other forms of
sexual and gender-based violence, recruitment and use of children, enforced
disappearances, arbitrary arrests and detention, violence aimed at spreading
terror among the civilian population, targeting of members of civil society,
and attacks on schools, places of worship, hospitals, and United Nations and
associated personnel, by all parties, including armed groups and national
security forces, as well as the incitement to commit such abuses and violations, further
condemning harassment and
targeting of civil society, humanitarian personnel and journalists, and emphasizing that those responsible for violations of
international humanitarian law and violations and abuses of human rights must
be held accountable, and that South Sudan’s TGNU bears the primary
responsibility to protect its populations from genocide, war crimes, ethnic
cleansing, and crimes against humanity,
“Expressing grave
concern at the findings of the
Special Representative of the Secretary-General on Sexual Violence in Conflict
of the systematic and widespread use of sexual violence as a tactic by parties
to the conflict against the civilian population, particularly against women and
girls in South Sudan,
“Stressing the increasingly urgent need to end impunity
in South Sudan and to bring to justice all perpetrators of such crimes, and further
stressing the importance of
accountability, reconciliation and healing in ending impunity and ensuring a
sustainable peace,
“Further condemning the use of media to broadcast hate speech and
transmit messages instigating violence against a particular ethnic group, a
practice that has the potential to play a significant role in promoting mass
violence and exacerbating conflict, calling on the Government of South Sudan to
immediately condemn and counter increasing hate speech and ethnic violence and
to promote reconciliation among its people, including through a process of
justice and accountability,
“Taking note with interest of the reports on the human
rights situation in South Sudan issued by UNMISS and the Secretary-General, as
well as the report of the AU Commission of Inquiry on South Sudan and the
Separate Opinion, expressing grave concern that according to some reports, including the AU
Commission of Inquiry report on South Sudan, released on 27 October 2015,
there were reasonable grounds to believe that war crimes and crimes against
humanity had been committed, emphasizing its hope that these and other credible reporting will
be duly considered by any transitional justice and reconciliation mechanisms
for South Sudan including those established in the Agreement, stressing the importance of collection and preservation
of evidence for eventual use by the Hybrid Court for South Sudan, and encouraging efforts in this regard,
“Expressing serious and
urgent concern over the approximately
2.94 million displaced persons and deepening humanitarian crisis,
including an estimated 4.8 million that face severe food insecurity and
six million in need of assistance, and that half of the country’s children are
out of school, stressing the responsibility borne by all parties to the conflict for the
immense suffering of the people of South Sudan, including the destruction or
damage to livelihoods and productive assets, and commending United Nations humanitarian agencies, partners,
and donors for their efforts to provide urgent and coordinated support to the
population,
“Expressing concern at the obstructions by all parties to
civilians’ movement and to humanitarian actors’ movement to reach civilians in
need of assistance, and recalling the need for all parties to the conflict to allow and
facilitate, in accordance with relevant provisions of international law and
United Nations guiding principles of humanitarian assistance, including
humanity, impartiality, neutrality, and independence, the full, safe and
unhindered access of relief personnel, equipment and supplies and timely
delivery of humanitarian assistance, to all those in need, in particular to
internally displaced persons (IDPs), and refugees,
“Condemning all attacks against humanitarian personnel and
facilities that resulted in the deaths of at least 67 personnel since
December 2013, including the attack on the Terrain compound on 11 July
2016 and attacks against medical personnel and hospitals, noting with
alarm the increasing trend
of harassment and intimidation of humanitarian personnel, and recalling that attacks against humanitarian personnel
and objects indispensable to the survival of the civilian population may amount
to violations of international humanitarian law,
“Expressing its deep
appreciation for the actions taken
by UNMISS peacekeepers and troop- and police-contributing countries to protect
civilians, including foreign nationals, under threat of physical violence and
to stabilize the security situation within and beyond UNMISS sites,
“Recognizing the significant resource and capacity
challenges the Mission faces in implementing its mandate, expressing
appreciation for UNMISS’s ongoing
efforts to ensure the safety of IDPs seeking protection on its sites, while recognizing the importance of finding sustainable
solutions for IDPs in keeping with the Guiding Principles on Internal
Displacement, and underlining in this regard the need to extend its presence, including
through proactive deployment and patrolling, to areas of displacement, return,
and local integration,
“Emphasizing the importance of the rule of law as one of
the key elements of conflict prevention, peacekeeping, conflict resolution and
peacebuilding,
“Emphasizing that persistent barriers to full implementation
of resolution 1325 (2000), and subsequent resolutions on women, peace, and
security including 2242 (2015), will only be dismantled through dedicated
commitment to women’s empowerment, participation, and human rights, and through
concerted leadership, consistent information and action, and support, to build
women’s engagement in all levels of decision-making,
“Expressing grave concern regarding the threats made to
oil installations, petroleum companies and their employees, and urging all
parties to ensure the security of economic infrastructure,
“Recalling its resolution 2117 (2013) and expressing
grave concern at the threat to peace
and security in South Sudan arising from the illicit transfer, destabilizing
accumulation and misuse of small arms and light weapons,
“Reiterating the importance of UNMISS ensuring the security
of its air operations in South Sudan,
“Strongly condemning the attacks by government and opposition
forces and other groups on United Nations and IGAD personnel and facilities,
including the December 2012 downing of a United Nations helicopter by the SPLA,
the April 2013 attack on a United Nations convoy, the December 2013 attack on
the UNMISS camp in Akobo, the August 2014 shooting down of a United Nations
helicopter by unidentified armed groups, the August 2014 arrest and detention
of an IGAD monitoring and verification team, the October 2015 seizure and
detention of UNMISS personnel and equipment in Upper Nile State by opposition
forces, the February 2016 attack on the Malakal protection of civilians site,
the July 2016 attack on the Juba protection of civilians site, and the Terrain
Compound attack, the detention and kidnappings of United Nations and associated
personnel, the repeated attacks on the UNMISS camps in Bor, Bentiu, Malakal and
Melut, and the disappearance purportedly caused by SPLA forces, and deaths of
three United Nations-affiliated national staff and one national contractor in
Upper Nile State, and, calling upon the Government of South Sudan to complete its investigations of
these attacks in a swift and thorough manner and to hold those responsible to
account,
“Taking note of the letters from the Secretary-General per
paragraph 16 of resolution 2304 (2016) and the 10 November 2016
Secretary-General’s Reports (S/2016/950 and S/2016/951) and the recommendations
contained therein,
“Determining that the situation in South Sudan continues to
constitute a threat to international peace and security in the region,
“Acting under Chapter VII of the Charter of the United
Nations,
“1. Demands that all parties immediately end the fighting
throughout South Sudan, and further demandsthat South Sudan’s leaders implement the permanent
ceasefire declared in the Agreement and ceasefires for which they respectively
called on 11 July 2016, and ensure that subsequent decrees and orders
directing their commanders control their forces and protect civilians and their
property are fully implemented;
“2. Demands that the TGNU of South Sudan comply with the
obligations set out in the SOFA between the Government of South Sudan and the
United Nations, and immediately cease obstructing UNMISS in the performance of
its mandate, and further demands the TGNU immediately cease obstructing international and
national humanitarian actors from assisting civilians, and facilitate freedom
of movement for the Ceasefire and Transitional Security Arrangements Monitoring
Mechanism (CTSAMM) and calls on the TGNU to take action, to deter, and to hold those responsible
to account for any hostile or other actions that impede UNMISS or international
and national humanitarian actors;
“3. Expresses its
intention to consider all
appropriate measures, as demonstrated by adoption of resolutions 2206 (2015)
and 2290 (2016), against those who take actions that undermine the peace,
stability, and security of South Sudan, recalls the designation criteria detailed in paragraph
7 of resolution 2206 (2015),stresses the sanctity of United
Nations protection sites, and specifically underscores that individuals or entities that are
responsible or complicit in, or have engaged in, directly or indirectly,
attacks against UNMISS personnel and premises and any humanitarian personnel,
may meet the designation criteria;
“4. Takes note of the TGNU’s announcement to conduct an
inclusive national dialogue, strongly urges all parties to engage in an open and fully inclusive national
political dialogue seeking to implement lasting peace, reconciliation and good
governance, including through the full and effective participation of youth,
women, diverse communities, faith groups, civil society, and all political
parties, calls upon all parties to ensure women’s full and effective representation
and leadership in all conflict resolution and peacebuilding efforts including
through support to women’s civil society organizations, and encourages the efforts of the JMEC, IGAD, the AU, and the
United Nations to support implementation of the Agreement;
“5. Decides to extend the mandate of UNMISS until
15 December 2017;
“6. Decides to increase the overall force levels of UNMISS
by maintaining a troop ceiling of 17,000 troops, including 4,000 for
the Regional Protection Force, and increasing the police ceiling to 2,101 police
personnel, including individual police officers, formed police units and
78 corrections officers, and requests the Secretary-General to take the necessary
steps to expedite force and asset generation;
“7. Decides that the mandate of UNMISS shall be as
follows, and authorizes UNMISS to use all necessary means to perform the following
tasks:
(a) Protection of
civilians:
(i) To
protect civilians under threat of physical violence, irrespective of the source
of such violence, within its capacity and areas of deployment, with specific
protection for women and children, including through the continued use of the Mission’s
Child Protection and Women Protection Advisers;
(ii) To deter
violence against civilians, including foreign nationals, especially through
proactive deployment, active patrolling with particular attention to IDPs,
including, but not limited to, those in protection sites and refugee camps,
humanitarian personnel and human rights defenders, and identification of
threats and attacks against civilians, including through regular interaction
with civilians and working closely with humanitarian, human rights and development
organizations, in areas at high risk of conflict including, as appropriate,
schools, places of worship, hospitals, and the oil installations, in particular
when the Government of the Republic of South Sudan is unable or failing to
provide such security;
(iii) To implement a
mission-wide early warning strategy, including a coordinated approach to
information gathering, monitoring, verification, early warning and
dissemination, and response mechanisms, including response mechanisms to
threats and attacks against civilians that may involve violations and abuses of
human rights or violations of international humanitarian law, as well as to
prepare for further potential attacks on United Nations personnel and
facilities;
(iv) To maintain
public safety and security of and within UNMISS protection of civilians sites;
(v) To
deter and prevent sexual and gender-based violence within its capacity and
areas of deployment, as highlighted in paragraph 41 of the Special Report of
the Secretary-General of 10 November 2016 (S/2016/951);
(vi) To exercise
good offices, confidence-building, and facilitation in support of the mission’s
protection strategy, especially in regard to women and children, including to
facilitate the prevention, mitigation and resolution of inter communal conflict
in order to foster sustainable local and national reconciliation as an
essential part of preventing violence and long-term State-building activity;
(vii) To foster a
secure environment for the eventual safe and voluntary return of IDPs and
refugees including through monitoring of, ensuring respect for human rights by,
and where compatible and in strict compliance with the United Nations Human
Rights Due Diligence Policy (HRDDP), coordination with police services and
civil society actors in relevant and protection-focused activities, such as
sensitization to issues of sexual and gender-based violence, in order to
strengthen protection of civilians;
(b) Monitoring,
and investigating human rights:
(i) To
monitor, investigate, verify, and report publicly and regularly on abuses and
violations of human rights and violations of international humanitarian law,
including those that may amount to war crimes or crimes against humanity;
(ii) To monitor,
investigate, verify and report specifically and publicly on violations and
abuses committed against children and women, including those involving all
forms of sexual and gender-based violence in armed conflict by accelerating the
implementation of monitoring, analysis and reporting arrangements on
conflict-related sexual violence and by strengthening the monitoring and
reporting mechanism for violations and abuses against children;
(iii) To monitor,
investigate and report on incidents of hate speech and incitement to violence
in cooperation with the UN Special Adviser on the Prevention of Genocide;
(iv) To
coordinate with, and provide technical support to international, regional, and
national mechanisms engaged in monitoring, investigating, and reporting human
rights violations, as appropriate;
(c) Creating the
conditions conducive to the delivery of humanitarian assistance:
(i) To
contribute, in close coordination with humanitarian actors, to the creation of
security conditions conducive to the delivery of humanitarian assistance, so as
to allow, the rapid, safe and unhindered access of relief personnel to all
those in need in South Sudan and timely delivery of humanitarian assistance, in
particular to IDPs and refugees, recalling the need for compliance with the relevant
provisions of international law and respect for the UN guiding principles of
humanitarian assistance, including humanity, impartiality, neutrality, and
independence;
(ii) To ensure
the security and freedom of movement of United Nations and associated personnel
where appropriate, and to ensure the security of its installations and
equipment necessary for implementation of mandated tasks;
(d) Supporting
the Implementation of the Agreement:
“To carry out, within
its capabilities, the following tasks in support of the implementation of the
Agreement:
(i) To
support the planning and establishment of agreed transitional security
arrangements, including support to the Joint Operations Centre;
(ii) To support,
in coordination with the United Nations Country Team, as appropriate, the work
of a National Constitutional Amendment Committee (NCAC) and the incorporation
of the Agreement into the Transitional Constitution of the Republic of South
Sudan, upon request of the parties to the Agreement;
(iii) To support, in
coordination with the United Nations Country Team, as requested by the TGNU,
the permanent constitution-making process, consistent with the Agreement,
including providing technical assistance to the National Constitutional Review
Commission for the drafting process and supporting public consultations during
the constitution-making process;
(iv) To assist
the parties to develop a strategy to address disarmament, demobilization,
reintegration (DDR) and security sector reform (SSR) activities;
(v) To
participate in and support the CTSAMM in implementation of its mandate to
monitor the separation, assembly and cantonment of forces consistent with the
Agreement, including to provide support for mobile and dedicated fixed site
security;
(vi) To actively
participate in and support the work of the JMEC;
(vii) To advise and
assist, as appropriate, the National Elections Commission, in coordination with
members of the United Nations Country Team, consistent with the Agreement;
(viii)
To support the establishment and operationalization of an inclusive Joint
Integrated Police (JIP), in coordination with members of the UN Country Team,
by providing training support and advisory assistance, consistent with the
HRDDP, including for the development and implementation of a training
curriculum and strategic planning;
“8. Recalls its resolution 2086 (2013) and reaffirms the basic principles of peacekeeping, as set
forth in Presidential Statement S/PRST/2015/22, including consent of the
parties, impartiality, and non-use of force, except in self-defence and defence
of the mandate, recognizes that the mandate of each peacekeeping mission is specific to the
need and situation of the country concerned;
“9. To
advance in cooperation with the TGNU the safety and security of the people of
South Sudan and to create an enabling environment for implementation of the
Agreement, decides that UNMISS shall continue to include a Regional Protection
Force (RPF), and authorizes the RPF to use all necessary means, including undertaking robust
action where necessary and actively patrolling, to accomplish the RPF mandate,
to:
(i)
Facilitate the conditions for safe and free movement into, out of, and around
Juba, including through protecting the means of ingress and egress from the
city and major lines of communication and transport within Juba;
(ii) Protect the
airport to ensure the airport remains operational, and protect key facilities
in Juba essential to the well-being of the people of Juba, as identified by the
Special Representative of the Secretary-General;
(iii) Promptly and
effectively engage any actor that is credibly found to be preparing attacks, or
engages in attacks, against United Nations protection of civilians sites, other
United Nations premises, United Nations personnel, international and national
humanitarian actors, or civilians;
“10. Affirms the Security Council’s intention to consider
appropriate measures, to address the evolving situation in South Sudan,
including those measures described in the Annex of resolution 2304 (2016), in
case of political or operational impediments to operationalizing the RPF or
obstructions to UNMISS in performance of its mandate due to the actions of the
TGNU and all other parties to the conflict in South Sudan;
“11. Emphasizes that protection of civilians must be given
priority in decisions about the use of available capacity and resources within
the mission, stresses that UNMISS’s mandate as set out in paragraphs 7 and 9 above
includes authority to use all necessary means to protect United Nations
personnel, installations and equipment to deter violence especially through
proactive deployment and active patrolling, to protect civilians from threats,
regardless of source, to create conditions conducive to delivery of
humanitarian assistance by international and national actors, and support
implementation of the Agreement, and stressesthat such actions include, but are not limited
to, within UNMISS’s capacity and areas of deployment, defending protection of
civilians sites, establishing areas around the sites that are not used for
hostile purposes by any forces, addressing threats to the sites, searching
individuals attempting to enter the sites, and seizing weapons from those
inside or attempting to enter the sites, removing from and denying entry of
armed actors to the protection of civilians sites;
“12. Requests and encourages the Special Representative of the
Secretary-General to direct the operations of an integrated UNMISS and
coordinate all activities of the United Nations system in the Republic of South
Sudan, and to exercise his or her good offices to lead the UN system in South
Sudan in assisting the JMEC, the AU and other actors, as well as the parties,
with implementation of the Agreement and to promote peace and reconciliation, reaffirms in this regard the critical role that the UN
plays, in coordination with regional organizations and other actors, to advance
political dialogue between parties and contribute to achieving a cessation of
hostilities and lead the parties to an inclusive peace process and to support
the TGNU’s implementation of an inclusive Agreement, and to further strengthen
its work to this end with the Chair of the JMEC and the AU High Representative
in South Sudan and in the region;
“13. Requests the Secretary-General to prioritize the
complete deployment of UNMISS personnel to the authorized military and police
strength, including tactical military helicopters, unarmed unmanned aerial
systems, and necessary enablers for the RPF;
“14. Requests UNMISS to take fully into account gender
considerations as a crosscutting issue throughout its mandate, reaffirms the
importance of appropriate gender expertise and training in all missions
mandated by the Security Council, and further encourages troop- and
police-contributing countries to take measures to increase the deployment of
women in the military, police, and civilian components of the Mission;
“15. Requests UNMISS to continue to intensify its presence
and active patrolling in areas of high risk of conflict, high concentrations of
IDPs and refugees, including as guided by its early warning strategy, in all
areas, and key routes for population movement, to extend its presence,
including through proactive deployment and patrolling, to areas of displacement,
return, resettlement, and reintegration, in order to foster a secure
environment for the eventual safe and voluntary return of IDPs and refugees,
and to conduct regular reviews of its geographic deployment to ensure that its
forces are best placed to fulfil its mandate;
“16. Recalls resolution 2272 (2016) and further
requests the Secretary-General
to take the necessary measures to ensure full compliance of UNMISS with the
United Nations zero tolerance policy on sexual exploitation and abuse and to keep
the Council fully informed through his regular country-specific reports to the
Council about UNMISS’ progress in this regard, including with respect to the
implementation of resolution 2272 (2016);
“17. Encourages UNMISS to ensure that any support provided to
non-United Nations security forces is provided in strict compliance with the
HRDDP on United Nations Support to non-United Nations security forces;
“18. Requests UNMISS to assist the Committee, within
existing resources, established pursuant to paragraph 16 of resolution 2206
(2015) and the Panel of Experts established by the same resolution; further urges all parties and Member States, as well as
international, regional and subregional organizations to ensure cooperation
with the Panel of Experts and further urges all Member States involved to
ensure the safety of the members of the Panel of Experts and unhindered access,
in particular to persons, documents and sites in order for the Panel of Experts
to execute its mandate;
“19. Condemns in the strongest terms attacks on and threats
made to UNMISS personnel and United Nations facilities, as well as those of
IGAD, stresses that such attacks may constitute violations of
the SOFA and/or war crimes, demands that all parties respect the inviolability of United Nations
premises and immediately desist and refrain from any violence against those
gathered at United Nations facilities,reiterates that the TGNU is bound by the terms of the
SOFA, and further demands the immediate and safe release of detained and kidnapped United
Nations and associated personnel;
“20. Condemns the clash that took place in Malakal in
February 2016 and the fighting in Juba in July 2016, and urges the UN to continuously incorporate lessons
learned to conduct reforms across UNMISS to better enable it to implement its
mandate, in particular regarding the protection of civilians, and to improve
Mission chain of command, increase the effectiveness of UNMISS operations,
strengthen safety and security of personnel, and enhance UNMISS’ ability to
manage complex situations;
“21. Reiterates
its request that UNMISS continue
to take measures, as appropriate, to ensure the security of its air operations
in South Sudan and report thereon to the Council;
“22. Condemns in the strongest terms attacks on and looting
of humanitarian aid, including food and medicine, and premises, including
hospitals and warehouses, and demands that all parties allow, in accordance with relevant provisions
of international law and United Nations guiding principles of emergency
humanitarian assistance, including humanity, impartiality, neutrality, and
independence, the rapid, safe and unhindered access of relief personnel,
equipment and supplies, and timely delivery of humanitarian assistance, to all
those in need throughout South Sudan in particular to IDPs and refugees and
stresses that any returns or other durable solutions for IDPs or refugees must
be undertaken on a voluntary and informed basis in conditions of dignity and
safety;
“23. Further
demands that all parties
immediately cease all forms of violence, human rights violations and abuses,
violations of international humanitarian law, including rape and other forms of
sexual and gender-based violence, and hold perpetrators accountable, in order
to break the prevailing cycle of impunity;
“24. Condemns all violations of applicable international
law, including international humanitarian law and violations and abuses of
international human rights committed by all parties to the conflict, in
particular against children, and strongly urges parties to implement conclusions and
commitments as described in paragraph 25 of resolution 2252 (2016) to end
violations and abuses against children, including the immediate release of all
children in their ranks;
“25. Strongly
urges the SPLA, SPLA-IO, and
other armed groups to prevent further commission of sexual violence, urges the TGNU and the SPLA/IO to implement the
joint and unilateral commitments and action plans they have made on preventing
conflict-related sexual violence with focus on prevention, accountability, and
enhancing assistance to victims, and strongly urges SPLA leadership to issue specific command
orders regarding prevention of conflict-related sexual violence, and demands the TGNU show concrete steps to hold
perpetrators within their ranks accountable for crimes of sexual violence;
“26. Underscores that truth-seeking and reconciliation is
essential for achieving peace in South Sudan and in this regard stresses that the Commission of Truth, Reconciliation
and Healing, as stipulated in the Agreement, is a critical part of the
peacebuilding process in South Sudan, to spearhead efforts to achieve national
cohesion, promote peace, national reconciliation and healing;
“27. Takes note of the steps taken by the African Union
towards the setting up of the Hybrid Court for South Sudan as provided for
under Chapter V of the Agreement, as well as the work done to date by the UN,welcomes the African Union’s formal invitation for the
UN to provide technical assistance towards the setting up of the Hybrid Court
for South Sudan, and requests the Secretary-General to continue to make available technical
assistance to the Commission of the African Union and to the TGNU in setting up
the Hybrid Court for South Sudan and for the implementation of other aspects of
Chapter V of the Agreement, including with regard to the establishment of the
Commission for Truth, Reconciliation, and Healing;
“28. Calls upon the Government of South Sudan to move forward
expeditiously and transparently to complete the ongoing investigations of
allegations of human rights violations and abuses in a manner consistent with
its international obligations, and encourages it to release the reports of
those investigations;
“29. Further calls upon the Government of South Sudan, while taking
note of paragraph 3.2.2 of Chapter V of the Agreement, to hold to account all
those responsible for violations and abuses of human rights and violations of
international humanitarian law, and to ensure that all victims of sexual
violence have equal protection under the law and equal access to justice, and
to safeguard equal respect for the rights of women and girls in these
processes, and notes that implementing holistic transitional justice measures,
including accountability, truth-seeking and reparations, are key to healing and
reconciliation;
“30. Condemns attacks on oil installations, petroleum
companies and their employees, and any fighting around these facilities, and urges all parties to ensure the security of economic
infrastructure;
“Reports
“31. Requests that the Secretary-General provide detailed
information within 30 days on force generation, restructuring of the UNMISS
force, logistical support and enablers, and civilian personnel to implement the
mandate, as well as whether the TGNU has maintained its consent in principle to
deployment of the RPF and not imposed any political or operational impediments
to operationalizing the RPF or obstructed UNMISS in the performance of its
mandate, and requests the Secretary-General to review needs on the ground, and provide
an updated assessment of the RPF’s operations, deployment, and future
requirements, as well as any political or operational impediments to
operationalizing the RPF and obstructions to UNMISS in performance of its
mandate, within 30 days after the adoption of this resolution, and every 30
days thereafter;
“32. Requests the Secretary-General to report to the Council
on implementation of the UNMISS mandate including UNMISS’ RPF as well as to
report on progress in implementing the HRDDP per paragraph 17 above, an update
on how UNMISS is working toward fulfilling its protection of civilian duties,
including but not limited to new patrol areas and proactive deployment per
paragraph 15 above, and the consideration of gender as cross cutting through
the mandate per paragraph 14 above, and to present the recommendations on the steps
to adapt UNMISS to the situation on the ground and to increase efficiency of
the implementation of its mandate in a same comprehensive written report to be
submitted within 90 days of the date of adoption of this resolution, and every
90 days thereafter;
“33. Recalls the paragraph 6 of resolution 2304 (2016), requests the Secretary-General to continue consulting
with troop- and police-contributing countries, to enhance the safety and
security of UNMISS’s personnel to enable UNMISS to execute effectively its
mandate in a complex security environment, and requests that the Secretary-General report in his
regular reports to the Council on steps taken to enhance the safety and
security of UN personnel, as well as report on reforms to better enable UNMISS
to implement its mandate, including improving chain of command, increasing
effectiveness of UNMISS operations, enhancing UNMISS’ ability to manage complex
situations, per paragraph 18 above;
“34. Requests the Secretary-General to provide within six
months of adoption of this resolution a review of progress made by the parties
in ceasing hostilities, returning to the path of dialogue, and achieving
inclusiveness within the government, as well as recommend any relevant
adjustments to the UNMISS mandate;
“35. Requests the Secretary-General to report, through his
regular 90-day reports, on the technical assistance provided consistent with
paragraph 27 above, invites the African Union to share information on progress made in the
establishment of the Hybrid Court for South Sudan, with the Secretary-General
to inform his report, and expresses the Security Council’s intention upon receipt of the
Secretary-General’s reports to assess the work that has been done in the
establishment of the Hybrid Court in line with international standards;
“36. Decides to remain seized of the matter.”
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