United Nations Security Council Resolution 2063 – Reports of the Secretary-General on the Sudan

Resolution 2063 (2012)

The Security Council,

Reaffirming all its previous resolutions and presidential statements concerning the situation in Sudan and underlining the importance of full compliance with these,

Reaffirming its strong commitment to the sovereignty, unity, independence and territorial integrity of Sudan and its determination to work with the Government of Sudan, in full respect of its sovereignty, to assist in tackling the various challenges in Sudan,

Recalling the importance of the principles of the peaceful settlement of international disputes, good neighbourliness, non-interference and cooperation in the relations among States in the region,

Recalling also its previous resolutions 1674 (2006) and 1894 (2009) on the protection of civilians in armed conflict, which reaffirm, inter alia, the relevant provisions of the United Nations World Summit outcome document; 1612 (2005), 1882 (2009), and 1998 (2011) on children and armed conflict; 1502 (2003) on the protection of humanitarian and United Nations personnel; and 1325 (2000) and associated resolutions on women, peace and security and children and armed conflict,

Recalling its resolutions reaffirming that there can be no peace without justice, and recalling the importance that the Council attaches to ending impunity and to ensuring justice for crimes committed in Darfur, expressing concern at the lack of progress made so far in the work of the Special Prosecutor for Darfur appointed by the Government of Sudan, and noting the appointment of a new Special Prosecutor, Bearing in mind the Convention relating to the Status of Refugees of 28 July 1951 and its additional protocol of 16 December 1966, along with the 1969 Convention of the Organization of African Unity governing the specific aspects of refugee problems in Africa, as well as the African Union Convention of 29 October 2009, on the Protection of and Assistance to internally displaced persons in Africa,

Recalling the report on Children and Armed Conflict in Sudan dated 5 July 2011 (S/2011/413), including its recommendations,

Welcoming the Doha Document for Peace in Darfur (DDPD) as an important step forward in the African Union (AU)-United Nations Darfur peace process; expressing its strong commitment and determination to support the peace process, welcoming initial progress but deploring the serious delays in the implementation of the DDPD, urging the Government of Sudan and the Liberation and Justice Movement to accelerate the implementation of the DDPD in order to deliver real benefits for the Darfuri people, and encouraging the international community to assist the signatories in this regard, deploring also the fact that some armed groups have refused to join the process and are impeding implementation of the DDPD and strongly urging them to support the process, condemning any actions by any armed group aimed at forced overthrow of the Government of Sudan, and strongly urging the Government of Sudan and all the armed groups, including the Sudan Liberation Army, Abdul Wahid faction (SLA/AW), the Sudan Liberation Army, Minni Minawi faction (SLA/MM), and the Justice and Equality Movement (JEM), to make every effort to reach a comprehensive peace settlement on the basis of the DDPD, and to agree upon a permanent ceasefire without further delay or preconditions,

Underlining, without prejudice to the Security Council’s primary responsibility for the maintenance of international peace and security, the importance of the partnership between the United Nations and the AU, consistent with Chapter VIII of the United Nations Charter, with regard to the maintenance of peace and security in Africa, particularly in Sudan, and welcoming, in particular, the efforts of the AU High-level Implementation Panel for Sudan under the leadership of President Mbeki working in cooperation with UNAMID, to address in a comprehensive and inclusive manner the challenges of peace, justice and reconciliation in Darfur, Welcoming the report of the Secretary-General of 16 July (S/2012/548) on UNAMID,

Stressing the need for the Council to pursue a rigorous, strategic approach to peacekeeping deployments, with a view to enhancing the effectiveness of peacekeeping missions; encouraging the full implementation by UNAMID of its Chapter VII mandate; underlining, in this regard, the importance of UNAMID deterring any threats to the implementation of its mandate, and the safety and security of its peacekeeping personnel in accordance with the Charter of the United Nations; and noting the need to raise the operational and self-sustainment capabilities of military and police contingents to the agreed levels,

Expressing deep concern at the increased violence and insecurity in some parts of Darfur in recent months, and at confrontations between the Government of Sudan and the armed groups, expressing deep concern that such clashes, including attacks by rebel groups and aerial bombardment by the Government of Sudan, inter-tribal fighting, banditry and criminality continue to threaten civilians, and that attacks on humanitarian personnel and peacekeepers continue to restrict humanitarian access to conflict areas where vulnerable civilian populations reside, while noting the Secretary-General’s observation that the security situation in Darfur has improved since the deployment of UNAMID, calling on all parties to cease hostilities, including all acts of violence committed against civilians, and urgently facilitate unhindered humanitarian access in accordance with international law, including applicable international humanitarian law and the guiding principles of humanitarian assistance,

Recalling the commitments made by the Government of Sudan and the Liberation and Justice Movement in the Doha Document for Peace in Darfur (DDPD) to ensure the unimpeded access of humanitarian assistance to the population in need and the protection of humanitarian workers and their operations in areas under their control, as well as to guarantee UNAMID unimpeded freedom of movement in all areas and at all times in Darfur in the exercise of its mandate,

Welcoming the potentially encouraging trend of voluntary returns of IDPs and refugees to their villages and places of origin, which were, according to the figures available to the Secretary-General, greater than new displacements in recent months, but expressing deep concern that new displacements continue to occur and at the fact that approximately two million IDPs and refugees remain displaced, recognizing that some displaced will settle permanently in urban areas, but underlining the need to ensure security in areas of return,

Expressing its concern at the hostilities between the Government of Sudan and the Sudan Liberation Army, Abdul Wahid faction (SLA/AW), the Sudan Liberation Army, Minni Minawi faction (SLA/MM), and the Justice and Equality Movement (JEM), and reiterating that there can be no military solution to the conflict in Darfur, and that an inclusive political settlement is essential to re-establishing peace,

Expressing concern about reported links between non-signatory armed groups in Darfur and groups outside Darfur, and demanding that any form of direct or indirect external support for such groups ceases,

Reiterating its condemnation of all violations of international human rights and humanitarian law in Darfur and in relation to Darfur, calling on all parties to comply with their obligations under international human rights and humanitarian law, emphasizing the need to bring to justice the perpetrators of such crimes, and urging the Government of Sudan to comply with its obligations in this respect,

Reaffirming its concern over the negative effect of ongoing violence in Darfur on the stability of Sudan as a whole as well as the region, welcoming improved relations between Sudan and Chad, as well as the deployment of a joint force, including forces from the Central African Republic (CAR) under a joint command along the border, and encouraging Sudan, Chad and CAR to continue to cooperate in order to achieve peace and stability in Darfur and the wider region,

Determining that the situation in Sudan constitutes a threat to international peace and security,

1. Decides to extend the mandate of UNAMID as set out in resolution 1769 (2007) for a further 12 months to 31 July 2013;

2. Takes note of the conclusion of the Secretary-General’s review, conducted in consultation with the African Union, that UNAMID’s uniformed personnel be reconfigured to focus on the areas in Darfur with the highest security threats, calls onthe Secretary-General to implement the results of the review, as set out in paragraphs 69 to 81 of his report of 17 April (S/2012/231), and paragraph 80 of his report of 16 July (S/2012/548), therefore decides that over a period of 12 to 18 months, UNAMID’s uniformed personnel will be reconfigured so that UNAMID shall consist of up to 16,200 military personnel, 2,310 police personnel and 17 formed police units of up to 140 personnel each;

3. Underlines the need for UNAMID to make full use of its mandate and capabilities, giving priority in decisions about the use of available capacity and resources to:

(a) the protection of civilians across Darfur, including through the implementation of a mission-wide early warning strategy; proactive military deployment and increased patrols in areas at high risk of conflict; securing, through increased police patrols, IDP camps, adjacent areas and areas of return; and supporting the development and training of community policing for IDP camps and areas of return; and

4. Emphasizes UNAMID’s Chapter VII mandate, as defined in resolution 1769, to deliver its core tasks to protect civilians without prejudice to the primary responsibility of the Government of Sudan and to ensure the freedom of movement and security of UNAMID’s own personnel and humanitarian workers; urgesUNAMID to deter any threats against itself and its mandate; notes the observation in the Secretary-General’s report that it is important to ensure that contingents are properly prepared and effectively equipped to be able to carry out UNAMID’s mandate;

5. Welcomes the Framework for AU and United Nations Facilitation of the Darfur Peace Process, and the priority given to UNAMID’s efforts, in coordination with the United Nations country team, to support this framework in accordance with paragraphs 6, 7 and 8 below, and welcomes the efforts of the AU High-level Implementation Panel for Sudan in this regard;

6. Urges the Government of Sudan and the Liberation and Justice Movement (LJM) to implement the DDPD in full, including by ensuring that the Darfur Regional Authority (DRA), National Human Rights Commission and Office for the Special Prosecutor for Darfur, whose establishment by the signatory parties in accordance with the DDPD is welcome, are resourced and empowered to carry out their mandates, demands that the non-signatory armed groups refrain from impeding the implementation of the DDPD; and requests UNAMID to support the implementation of the DDPD, by working closely with the United Nations country team on Disarmament, Demobilization and Reintegration and building the capacity of the police, justice and corrections sectors; and requests UNAMID and the United Nations country team to develop an Integrated Strategic Framework for United Nations system-wide support to the DDPD based on a clear division of labour and taking into account the Darfur Joint Assessment Mission, and requests the Secretary-General to present this Framework to the Council in his next 90-day report;

7. Demands that all parties to the conflict, including in particular all the non-signatory armed groups engage immediately and without preconditions to make every effort to reach a permanent ceasefire and a comprehensive peace settlement on the basis of the Doha Document for Peace in Darfur (DDPD), in order to bring a stable and durable peace to the region;

8. Reaffirms its support for: a Darfur-based internal dialogue that takes place in an environment of respect for the civil and political rights of participants, including women, such that they can exercise their views without fear of retribution; freedom of speech and assembly to permit open consultations; freedom of movement of participants and UNAMID; proportional participation among Darfurians; freedom from harassment, arbitrary arrest and intimidation; and freedom from interference by the Government or the armed groups; calls on the Government of Sudan and the armed groups to ensure the necessary enabling environment for such a dialogue; requests UNAMID to support and monitor the development of such a dialogue, and requests the Secretary-General in his regular reports, referred to in paragraph 12 below, to report any security incidents, threats, violations of the participants’ freedoms or instances of interference. Calls on the signatories of the DDPD to heed the results of the internal dialogue process, and to respond in the context of DDPD implementation to the wants and needs of the people expressed through such a process;

9. Commends UNAMID troop- and police-contributing countries; strongly condemns all attacks on UNAMID; underlines that any attack or threat of attack on UNAMID is unacceptable; demands that there be no recurrence of such attacks, stresses the need to enhance the safety and security of UNAMID personnel, as well as the need to bring an end to impunity for those who attack peacekeepers, and in this regard urges the Government of Sudan to do its utmost to bring the perpetrators of any such crimes to justice;

10. Commends the credible work of the Tripartite Mechanism but expresses deep concern at increased restrictions and bureaucratic impediments placed by the Government of Sudan upon UNAMID movement and operations, particularly to areas of recent conflict; calls on all parties in Darfur to remove all obstacles to UNAMID’s full and proper discharge of its mandate, including by ensuring its security and freedom of movement; and in this regard, demands that the Government of Sudan comply with the Status of Forces Agreement fully and without delay, particularly regarding the movement of patrols, flight and equipment clearances, the removal of all obstacles to the use of UNAMID aerial assets, and the timely provision of visas for UNAMID personnel; deplores the continued delays in the provision of such visas, which threaten seriously to undermine the ability of the mission to implement its mandate; demands that the Government of Sudan respect the rights of UNAMID personnel under the SOFA;

11. Reiterates its demand that UNAMID be given a licence for its own radio transmitter in line with the provisions of the Status of Forces Agreement, so that it can communicate freely with all Darfuri stakeholders;

12. Requests the Secretary-General to continue reporting to the Council every 90 days on progress in the implementation of UNAMID’s mandate, including the operational and self-sustainment capabilities of troop and police contingents, as well as on progress on the political track, the security and humanitarian situation, including in the IDP sites and refugee camps, the actions of all parties with respect to the provisions of this resolution, human rights, violations of international humanitarian and human rights law, early recovery and on all restrictions and bureaucratic impediments to UNAMID’s freedom of movement; requests the Secretary-General, after consultation with the African Union, to submit in his next 90-day report updated benchmarks and indicators for UNAMID and to include in his regular reports to the Council every 90 days thereafter an assessment of progress towards and obstacles to the achievement of these benchmarks, so that the Council may assess progress made by UNAMID in implementing its mandate, as well as the cooperation of the Government of Sudan and the armed groups with UNAMID, as well as all parties’ compliance with their international obligations;

13. Demands that all parties to the conflict in Darfur immediately end violence, attacks on civilians, peacekeepers and humanitarian personnel, and comply with their obligations under international human rights and humanitarian law; affirms, in this context, the Council’s condemnation of serious violations of international humanitarian law and human rights law; calls for an immediate cessation of hostilities and for all parties to commit themselves to a sustained and permanent ceasefire and underlines the need for UNAMID to report on major instances of violence which undermine the parties’ full and constructive efforts towards peace;

14. While noting that the overall humanitarian situation in Darfur has not deteriorated, expresses its serious concern at the fact that it has not improved, and at the threats to humanitarian organizations that persist, and the increased restrictions on humanitarian access in Darfur resulting from increased insecurity, attacks against humanitarian workers, denial of access by the parties to the conflict and bureaucratic impediments imposed by the Government of Sudan, calls for the full implementation of the Communiqué between the Government of Sudan and the United Nations on Facilitation of Humanitarian Activities in Darfur, including regarding the timely issuance of visas and travel permits for humanitarian organizations; and demandsthat the Government of Sudan, all militias, armed groups and all other stakeholders ensure the full, safe and unhindered access of humanitarian organizations and relief personnel, and the delivery of humanitarian assistance to populations in need and underscores the importance of upholding the principles of humanity, neutrality, impartiality and independence in the provision of humanitarian assistance;

15. Condemns human rights violations and abuses in, and relating to, Darfur, including arbitrary arrests and detentions, expresses deep concern about the situation of all those so detained, including civil society members and IDPs, and emphasizes the importance of ensuring UNAMID’s, within its current mandate, and other relevant organizations’ ability to monitor such cases; calls on the Government of Sudan fully to respect its obligations, including by fulfilling its commitment to lift the state of emergency in Darfur, releasing all political prisoners, allowing free expression and undertaking effective efforts to ensure accountability for serious violations of international human rights and humanitarian law, by whomsoever perpetrated, and emphasizes the importance of UNAMID acting to promote human rights, bringing abuses and violations to the attention of the authorities and requests the Secretary-General to provide reporting on all the human rights issues identified in this resolution in his regular reports to the Security Council, and to report promptly gross violations and abuses to the Security Council;

16. Notes that conflict in one area of Sudan affects other areas of Sudan and the wider region; and urges close coordination among United Nations missions in the region, including UNAMID, the United Nations Interim Security Force for Abyei (UNISFA) and the United Nations Mission in South Sudan (UNMISS), and requeststhe Secretary-General to ensure effective inter-mission cooperation;

17. Notes the request contained in paragraph 19 of resolution 2057 (2012) related to the regional threat of the Lord’s Resistance Army, and encourages UNAMID, within existing capacities and consistent with its mandate, to cooperate and share information in this regard;

18. Stresses the importance of achieving dignified and durable solutions for refugees and internally displaced persons, and of ensuring their full participation in the planning and management of these solutions, demands that all parties to the conflict in Darfur create the conditions conducive to allowing the voluntary, informed, safe, dignified and sustainable return of refugees and internally displaced persons, or their local integration; welcomes the potentially encouraging trend of voluntary returns of IDPs and refugees to their villages and places of origin, which were, according to the figures available to the Secretary-General, greater than new displacements in recent months, but expresses deep concern that new displacements continue to occur and at the fact that approximately two million IDPs and refugees remain displaced, stresses the importance of the Joint Verification Mechanism in verifying the extent to which these returns are voluntary and informed in nature and expresses deep concern over some bureaucratic obstacles that undermine its effectiveness and independence;

19. Notes that security and freedom of movement will greatly facilitate recovery initiatives and a return to normalcy in Darfur; stresses the importance of early recovery efforts in Darfur when such interventions are suitable, and in this respect encourages UNAMID, within its current mandate, to facilitate the work of the United Nations country team and expert agencies on recovery and reconstruction in Darfur, inter alia through the provision of area security; calls on all parties to provide unhindered access and on the Government of Sudan to lift all access restrictions, work to resolve the root causes of the Darfur crisis and to increase investment in early recovery activity;

20. Expresses deep concern over the persistent localized conflicts, increased criminality and violence and their effect on civilians, but, in this context, notes a reduction in inter tribal clashes and calls on all parties to put an end to such clashes and to pursue reconciliation; expresses deep concern over the proliferation of arms, in particular small arms and light weapons, and, in this regard, requests UNAMID to continue to support local conflict resolution mechanisms, and authorizes the Joint Chief Mediator to conduct local mediation and reconciliation efforts between communities and armed groups in Darfur; further requests UNAMID to monitor whether any arms or related material are present in Darfur in accordance with its mandate as set out in paragraph 9 of resolution 1769, and in this context, to continue to cooperate with the Panel of Experts established by resolution 1591 (2005) in order to facilitate their work;

21. Demands that the parties to the conflict immediately take appropriate measures to protect civilians, including women and children, from all forms of sexual violence, in line with resolution 1820 (2008); and requests UNAMID to report on sexual and gender-based violence, as well as to assess progress towards the elimination of sexual and gender-based violence, and further emphasizes the need to include protection to women and children from sexual violence and gender-based violence, as part of the mission-wide Protection of Civilians strategy identified in paragraph 3 above, and requests the Secretary-General to ensure that the relevant provisions of resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) are implemented by UNAMID, including supporting the participation of women through the appointment of women protection advisers, and to include information on this in his reporting to the Council;

22. Requests the Secretary-General to ensure

(a) continued monitoring and reporting, as part of the reports referred to in paragraph 12 above, of the situation of children including close cooperation with child protection actors and

(b) continued dialogue with the parties to the conflict towards the development and implementation of time bound action plans to end the recruitment and use of child soldiers and other violations of international humanitarian law and human rights law against children;

23. Requests the Secretary-General periodically to review and update the concept of operations and rules of engagement of UNAMID in line with the mission’s mandate under relevant Security Council resolutions and to report, as part of the reports referred to in paragraph 12 above, on this to the Security Council and troop-contributing countries;

24. Decides to remain seized of the matter.

Adopted by the Security Council at its 6819th meeting, on 31 July 2012.