United Nations Security Council Resolution 2327 – Reports of the Secretary-General on the Sudan and South Sudan

Resolution 2327 (2016)

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 Co nflict 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 extr ajudicial 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,

Except 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,

Adopted by the Security Council at its 7840th meeting, on 16 December 2016.