United Nations Security Council Resolution 2340 – Reports of the Secretary-General on the Sudan and South Sudan

Resolution 2340 (2017)

The Security Council,

Recalling its previous resolutions and statements of its President concerning Sudan,

Reaffirming its commitment to the cause of peace throughout Sudan, to the sovereignty, independence, unity and territorial integrity of Sudan, and to the full and timely implementation of resolution 1591 (2005), recalling the importance of the principles of good neighbourliness, non-interference and cooperation in the relations among States in the region, and further recalling that the Government of Sudan bears the primary responsibility for protecting all populations within its territory, with respect for the rule of law, international human rights law and international humanitarian law,

Noting the importance of the work of the African Union High-Level Implementation Panel (AUHIP), the aims of the Doha Document for Peace in Darfur (DDPD), and the stated commitment of the Government of Sudan to an inclusive national dialogue building on the AUHIP’s ongoing peace efforts, welcoming the African Union Peace and Security Council’s decision to extend the AUHIP’s mandate for another year, and further welcoming the AU Roadmap Agreement, signed by both the Government and the opposition, and urging the signatory groups to implement the Roadmap by working towards a negotiated cessation of hostilities and an open and inclusive political dialogue,

Reiterating the need for an end to the violence and continued violations and abuses in Darfur, underscoring the importance of fully addressing the root causes of the conflict in the search for a sustainable peace, and recognizing that the Darfur conflict cannot be resolved militarily and a durable solution can only be obtained through an inclusive political process,

Noting that the conflict between the Government and armed groups has mostly become limited to the Jebel Marra region and acknowledging an overall reduction in violence, while remaining particularly concerned at the violence and insecurity that remains, including intercommunal violence, militia activity, banditry, and fighting between the government and armed groups, expressing concern that such violence and insecurity continues to negatively affect civilians and has contributed to an increase in the number of internally displaced persons (IDPs) observed in 2016, and that the Government of Sudan continues to restrict humanitarian access to conflict areas where vulnerable civilian populations reside, and urging the Government of Sudan to work with international partners to address the urgent humanitarian crisis faced by the people of Darfur, including by improving the facilitation of timely and unhindered humanitarian access to all areas by humanitarian agencies and personnel, consistent with the United Nations guiding principles of humanitarian assistance, including humanity, impartiality, neutrality and independence, and the relevant provisions of international law,

Emphasizing the imperative for all armed actors to refrain from all acts of violence against civilians, in particular members of vulnerable groups such as women and children, and to end all violations and abuses of human rights and violations of international humanitarian law, and further emphasizing that some of these acts may amount to war crimes or crimes against humanity under international law,

Expressing concern about the external links, in particular military, between non-signatory armed groups in Darfur and groups outside Darfur, demanding that direct or indirect military support for such armed groups in Darfur ceases, and condemning actions by any armed group aimed at forced overthrow of the Government of Sudan, noting there is no military solution to the conflic t in Sudan,

Demanding that the parties to the conflict exercise restraint and cease military action of all kind, including aerial bombardments,

Welcoming the unilateral cessation of hostilities declarations by the parties, urging continued implementation of the cessation of hostilities declarations, and encouraging the parties to promptly reach a permanent cessation of hostilities,

Urging all armed groups engaged in conflict in the Jebel Marra area, including the Sudan Liberation Army-Abdul Wahid (SLA/AW) to join the AU-led peace negotiations, as a first step towards a comprehensive and sustainable peace agreement, and recalling its willingness to consider targeted sanctions against individuals or entities who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, or violate the measures implemented by Member States in accordance with relevant resolutions,

Recalling its resolution 2117 (2013) and the report of the Secretary-General (S/2015/289), and expressing concern at the threat to peace and security in Darfur arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, and the use of such weapons against civilians affected by armed conflict, and the continued threats to civilians posed by unexploded ordnance,

Deploring the continued violations of resolution 1591 (2005) by the Government of Sudan, including its Rapid Support Forces (RSF) and government-affiliated armed groups, involving the routine movement of weapons and ammunition into Darfur, without prior authorization of the 1591 committee, established pursuant to paragraph 3 of resolution 1591 (the Committee),

Demanding an immediate and complete cessation by all parties to the armed conflict of all deliberate and indiscriminate attacks on civilians, acts of sexual violence against civilians, the recruitment and use of children in violation of applicable international law, and other violations and abuses against children, and indiscriminate attacks on civilians, in line with all relevant resolutions on these issues, and emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable,

Welcoming the signing of an action plan in March 2016 between the United Nations and the Government of Sudan, to prevent the recruitment and use of children by Sudan Government Security Forces, urging continued progress on its implementation, and urging the Justice and Equality Movement (JEM)-Gibril forces to refrain from the recruitment and use of children in violation of applicable international law,

Reaffirming its concern over the negative effect of violence in Darfur on the stability of Sudan as a whole, as well as the region, welcoming the ongoing good relations between Sudan and Chad, and encouraging Sudan and the countries of the region to continue to cooperate in order to achieve peace and stability in Darfur and the wider region,

Deploring the violations of international humanitarian law and human rights violations and abuses committed by Government of Sudan security forces, their proxies, and armed groups, including those opposing the Government of Sudan, against civilians, including IDPs, particularly in the Jebel Marra area,

Stressing the need for improved cooperation between the Government of Sudan and the Panel of Experts, originally appointed pursuant to paragraph 3 of 1591 (2005) (the Panel of Experts), during the course of its mandate, reiterating its call on all parties in Darfur to cooperate fully with its mission, including by ensuring its free movement in, and access to, the region, notably to areas of armed conflict and areas of reported violations and abuses of human rights and violations of international humanitarian law, expressing continued concern at all the continued obstacles and impediments imposed by the Government of Sudan on the work of the Panel of Experts,

Recalling the report (S/2017/22) by the Panel of Experts, and expressing its intent to further study, through the Committee, the Panel’s recommendations and to consider appropriate next steps,

Emphasizing the need to respect the provisions of the United Nations Charter concerning privileges and immunities, and the Convention on the Privileges and Immunities of the United Nations, as applicable to United Nations operations and persons engaged in such operations,

Noting the critical importance of effective implementation of the sanctions regime, including the key role that neighbouring states, as well as regional and subregional organizations, can play in this regard, and encouraging efforts to further enhance cooperation,

Reminding all States, particularly States in the region, including the Government of Sudan, of the obligations contained in resolutions 1556 (2004), 1591 (2005), and 1945 (2010), in particular those obligations relating to arms and related materiel,

Calling on the Government of Sudan to fulfil all its commitments, including lifting the state of emergency in Darfur, allowing free expression and undertaking effective efforts to ensure accountability for violations and abuses of human rights and violations of international humanitarian law, by whomsoever perpetrated,

Noting that acts of hostility, violence or intimidation against the civilian population, including IDPs, in Darfur, endanger or undermine the parties’ commitment to a complete and durable cessation of hostilities, and would be inconsistent with the aims of the DDPD,

Determining that the situation in 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 7878th meeting, on 8 February 2017.