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, encouraging their 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 demands that 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 intercommunal 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 stresses that 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.”