United Nations Security Council Resolution 2459 – Reports of the Secretary-General on the Sudan and South Sudan

Resolution 2459 (2019)

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), 2304 (2016), 2327 (2016), 2392 (2017), 2428 (2018), and 2406 (2018) and statements by its President S/PRST/2014/16, S/PRST/2014/26, S/PRST/2015/9, S/PRST/2016/1, S/PRST/2016/3, S/PRST/2017/4, and S/PRST/2017/25,

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 grave alarm and concern regarding the political, security, economic, and humanitarian crisis in South Sudan, 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,

Strongly condemning all fighting and other violations of the 21 December 2017 “Agreement on Cessation of Hostilities, Protection of Civilians, and Humanitarian Access” (the ACOH), welcoming the rapid assessment of violations by the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), encouraging the Intergovernmental Authority on Development (IGAD) to share reports with the Security Council rapidly, and noting that the African Union, IGAD, and the United Nations Security Council demanded that parties that violate the ACOH must be held accountable,

Expressing appreciation for the leadership of IGAD in advancing the peace process for South Sudan and welcoming the commitment and efforts of IGAD and its member states, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), the African Union (AU), the African Union Peace and Security Council (AUPSC), the United Nations (UN), and countries in the region to continue engaging with South Sudanese leaders to address the current crisis, and encouraging their continued and proactive engagement,

Underlining that the 2018 “Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the Revitalised Agreement) is an important step forward in the peace process that provides a window of opportunity to achieve sustainable peace and stability in South Sudan, calling on South Sudanese parties to demonstrate the political will to peacefully resolve the conflict, stressing that the negotiation of power-sharing and security arrangements and the safe return of all South Sudanese parties to Juba are essential to advance the peace process, and callingon parties to ensure full and meaningful participation of women in the peace process and fulfill the commitments set out on inclusivity, including in respect of national diversity, gender, youth and regional representation in the Revitalised Agreement,

Recognizing the reduction in political violence since the signing of the Revitalised Agreement and that the permanent ceasefire was upheld in most parts of the country, and further recognizing confidence building measures between signatories of the Revitalised Agreement, and the formation of most of the pre-transitional mechanisms of the Revitalised Agreement,

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,

Noting the measures adopted by the Security Council in resolution 2428 (2018),

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), 2290 (2016), 2353 (2017), and 2428 (2018), including individuals who plan, direct, or commit acts that violate applicable international human rights law or international humanitarian law, acts that constitute human rights abuses or acts involving sexual and gender-based violence in South Sudan, engage in attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel and recalling its willingness to impose targeted sanctions,

Stressing the critical importance of effective implementation of the sanctions regime, including its travel ban measures, and the key role that neighboring states, as well as regional and subregional organizations, can play in this regard and encouraging efforts to further enhance cooperation,

Commending the work of the United Nations Mission in the Republic of South Sudan (UNMISS), and stressing the importance of effective engagement and liaison with local communities, as well as humanitarian actors, including through regular communication about the UNMISS mandate, including its planned actions and capacities, security threats and related information, both within and outside the protection of civilians sites, in order to fulfill 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, including through community engagement and the mission communication strategy, to enhance its ability to protect civilians, and to train UNMISS staff accordingly,

Recognizing the dire humanitarian situation and high levels of food insecurity in the country, and in this regard noting the importance of UNMISS’s contribution to creating conditions conducive to the delivery of humanitarian assistance, and to creating through coordination with humanitarian actors, displaced communities, and authorities the conditions for the safe, informed, voluntary, and dignified return or relocation of internally displaced persons (IDPs) and refugees, so that they may resume their livelihoods including the cultivation of land for food production,

Strongly condemning the continued obstruction of UNMISS by the Government of South Sudan (GoSS) and opposition groups, including severe restrictions on freedom of movement, assault of UNMISS personnel, and constraints on mission operations, many of which were reported by the Secretary-General as violations of the Status of Forces Agreement (SOFA) by the GoSS, and recalling that, according to the SOFA, UNMISS, as well as its contractors, shall enjoy full and unrestricted freedom of movement without delay throughout South Sudan by the most direct route possible without the need for travel permits or prior authorization or notification, and the right to import equipment, provisions, supplies, fuel, materials, and other goods free of duty, taxes, fees and charges and free of other prohibitions and restrictions,

Demanding that all parties, particularly the GoSS and the SPLA-IO, end all obstructions to UNMISS, including inter alia obstructions that hamper UNMISS carrying out its mandate to monitor and investigate human rights,

Recalling its strong condemnation of all instances of attacks against civilians, including those involving violence against women, children, and persons in vulnerable situations, ethnically targeted violence, hate speech, and incitements to violence, and further expressing deep concern at the possibility that what began as a political conflict could continue to transform into an outright ethnic war, as noted by the Special Advisor for the Prevention of Genocide Adama Dieng,

Expressing grave concern at ongoing reports of sexual and gender-based violence, particularly against women and girls, including the findings of the report of the Secretary-General on Sexual Violence in Conflict to the Security Council (S/2018/250) of the use of sexual violence as a tactic by parties to the conflict against the civilian population, in South Sudan, including use of rape and gang-rape of women and girls, and abduction, forced marriage and sexual slavery, and where persistent levels of conflict-related sexual violence and other forms of violence against women and girls has become normalized and continued after the signing of the Revitalised Agreement and despite the suspension of most military offensives, as documented in the February 2019 UNMISS and Office of the United Nations High Commissioner for Human Rights (OHCHR) report on conflict-related sexual violence in Northern Unity between September and December 2018, underlining the urgency and importance of timely investigations and the provision of assistance and protection to victims of sexual and gender-based violence,

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, medical facilities and transport, United Nations and associated personnel, and humanitarian and medical 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, targeting, and censorship of civil society, humanitarian personnel and journalists, 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 government bears the primary responsibility to protect its populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, and expressing concern that despite the signing of the Revitalised Agreement, violations including rape and sexual violence continue to occur which may amount to international crimes, including war crime s and crimes against humanity,

Acknowledging the significance of the GoSS’s ratification of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, strongly calling for its full and immediate implementation, further taking note of the role played by the GoSS in negotiating the release of children by parties to conflict, urging all parties to make further efforts to end immediately the recruitment of children to armed groups and to release all children that have been recruited to date, and encouraging further efforts in this regard, in particular through the GoSS’s endorsement of the Paris principles,

Taking note of the UNMISS and OHCHR report on the Freedom of Expression in South Sudan, and expressing ongoing concern on the severe restriction of freedoms of opinion, expression, and association, and 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, and calling on the GoSS 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,

Expressing serious concern about the dire situation of persons with disabilities in South Sudan, including abandonment, violence and lack of access to basic services, and emphasizing the need to ensure that the particular needs of persons with disabilities are addressed in the humanitarian response,

Reiterating the urgent need to end impunity in South Sudan and to hold accountable and bring to justice all those responsible for violations of international humanitarian law and violations and abuses of human rights, and further stressing the importance of accountability, reconciliation and healing in ending impunity and ensuring a sustainable peace, as recognized by Chapter V in the Revitalised Agreement, and in this regard, sharing the concern of the AUPSC about the delays in establishing the Hybrid Court for South Sudan,

Expressing grave concern regarding 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, expressinggrave 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 and the reports of the Commission on Human Rights in South Sudan, released on 23 February 2018 and 20 February 2019 that war crimes and crimes against humanity may have 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 Revitalised 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 nearly 4.3 million displaced persons and ongoing humanitarian crisis, and an estimated 6.2 million that face severe food insecurity according to the February 2019 Integrated Food Security Phase Classification report, and 7.1 million in need of life-saving assistance, and that 2.2 million 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, commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population, and calling upon the international community to continue these efforts to meet the growing humanitarian needs of the people of South Sudan,

Condemning the obstructions by all parties to civilians’ movement and to humanitarian actors’ movement to reach civilians in need of assistance, expressingconcern at the imposition of taxes and fees which hamper the delivery of humanitarian assistance across the country, 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 IDPs and refugees,

Strongly condemning all attacks against humanitarian personnel and facilities that resulted in the deaths of at least 112 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 in implementing the UNMISS mandate in a challenging environment, including in protecting civilians, including foreign nationals, under threat of physical violence and to stabilize the security situation within and beyond UNMISS sites, and stressing that any national caveat that negatively affects the implementation of mandate effectiveness should not be accepted by the Secretary-General, and further highlighting that lack of effective command and control, refusal to obey orders, failure to respond to attacks on civilians, inadequate equipment, and financial resources may adversely affect the shared responsibility for effective mandate implementation,

Welcoming the commitment of the Secretary-General to enforce strictly his zero-tolerance policy on sexual exploitation and abuse, noting the various measures taken by UNMISS and Troop- and Police-contributing countries to combat sexual exploitation and abuse, but still expressing grave concern over allegations of sexual exploitation and abuse reportedly committed by peacekeepers in South Sudan, stressing the urgent need for Troop- and Police-contributing countries and, as appropriate, UNMISS, to promptly investigate those allegations in a credible and transparent manner and for those responsible for such criminal offences or misconduct to be held to account, and further stressing the need to prevent such exploitation and abuse and to improve how these allegations are addressed in line with resolution 2272 (2016),

Recognizing the significant resource and capacity challenges UNMISS 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 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, concerted leadership, consistent information and action, and support, to build women’s engagement in all levels ofdecision-making, and through ensuring that the full and meaningful participation and involvement of women in all spheres and levels of political leadership, the peace process, and pre-transitional and transitional government, welcoming the commitment to the inclusion of women in the Revitalised Agreement, including the 35% minimum for women’s representation, and calling on all parties to do more to ensure that these minimum commitments are achieved,

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, condemning attacks on oil installations, petroleum companies and their employees, and any fighting around these facilities, and urgingall parties to ensure the security of economic infrastructure,

Strongly condemning the December 2018 obstruction, detention and abuse of the CTSAMVM team by GoSS officials, and calling upon the GoSS to complete and publish its investigations and hold those responsible to account,

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 Sudan People’s Liberation Army (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 GoSS to complete its investigations of these attacks in a swift and thorough manner and to hold those responsible to account,

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 8484th meeting, on 15 March 2019.