United Nations Security Council Resolution 2113 – Reports of the Secretary-General on the Sudan

Resolution 2113 (2013)

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 1265 (1999), 1296 (2000),1674 (2006), 1738 (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), 1998 (2011) and 2068 (2012) on children and armed conflict; 1502 (2003) on the protection of humanitarian and United Nations personnel; and 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010) and 2106 (2013) on women, peace and security,

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, welcoming the ongoing investigations by the Special Prosecutor for Darfur appointed by the Government of Sudan, and encouraging further progress in this regard,

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 of the Secretary-General on Children and Armed Conflict in Sudan dated 5 July 2011 (S/2011/413), including its recommendations, and also recalling the conclusions of the Security Council Working Group on Children and Armed Conflict (S/AC.51/2012/1) adopted on 11 October 2012,

Reiterating its support for the Doha Document for Peace in Darfur (DDPD) as a solid basis for the Darfur peace process; expressing its strong commitment and determination to support the peace process, welcoming progress made so far 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, welcoming the signature of the DDPD by the Justice and Equality Movement — Bashar faction and its reaffirmed commitment to the DDPD’s implementation, and urging swift implementation of its commitments, 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 faction headed by Gibril Ibrahim, 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 Thabo 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 12 July (S/2013/420) on UNAMID,

Commending the efforts of UNAMID towards promoting peace and stability on Darfur, and reiterating its full support for UNAMID,

Strongly condemning attacks on UNAMID, most recently the attack on 13 July in which 7 peacekeepers were killed and 17 peacekeepers and police were injured; expressing its deep condolences to the Governments and families of those killed; calling on the Government of Sudan swiftly to investigate these attacks and bring the perpetrators to justice and welcoming the Government’s publicly-stated commitment to do so in respect of the 13 July attack; and calling on all parties in Darfur to cooperate fully with the Mission,

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 expressing its concern about the urgent need to raise the operational and self-sustainment capabilities of those military and police contingents, who have yet to do so, to the agreed levels,

Expressing deep concern at the increased violence and insecurity in some parts of Darfur in recent months, including notably the escalation in inter-tribal fighting, 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, acknowledging the efforts of Sudanese authorities to mediate in inter-tribal fighting, and urging their continued work, 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, while continuing to note that the overall security situation in Darfur has improved since the deployment of UNAMID,

Recalling the commitments made by the Government of Sudan and other signatories to 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,

Expressing deep concern at the hindrances to UNAMID in the implementation of its mandate, including movement and access restrictions,

Expressing deep concern at the significant increase in population displacements this year and the consequent increase in humanitarian assistance and protection needs, and at the fact that approximately two million IDPs and refugees remain displaced, further expressing deep concern at the deteriorating conditions for the internally displaced in Darfur as well as for new refugees in neighbouring countries and Chadians who have fled Darfur, and at the situation of refugees and IDPs unable to reach camps, and therefore vulnerable to ongoing violence or lacking humanitarian assistance, stressing the importance of continued international support to address these needs, 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 faction headed by Gibril Ibrahim, 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 the 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,

Expressing its appreciation for the work of Mr. Ibrahim Gambari as the Joint African Union-United Nations Special Representative for Darfur and Head of UNAMID, and welcoming the appointment of Dr. Mohamed Ibn Chambas,

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,

Welcoming work by UNAMID to revise its protection of civilians and early warning strategies, and urging their finalization and implementation,

Stressing the importance of continued to efforts to enhance effective working between UNAMID’s military, civilian and police components, and between UNAMID and humanitarian organizations in Darfur, in the implementation of its mandate,

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 the ongoing good relations between Sudan and Chad, as well as the deployment of a joint force 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,

Welcoming the holding of the Darfur Donors’ Conference in Doha on 7-8 April, noting its endorsement of the Darfur Development Strategy and urging donors to honour their pledges and fulfil their obligations in a timely manner, and affirming that development can help support a lasting peace in Darfur,

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 13 months to 31 August 2014;

2. Recalls its decision that UNAMID’s uniformed personnel would 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; welcomes the steps taken by UNAMID towards implementation of this decision; and urges its completion within the stipulated timeframe, as well as continued efforts by UNAMID to ensure that its uniformed personnel are focused on the areas in Darfur facing the highest security threats;

3. Requests the Secretary-General to conduct, in close consultation with the African Union, and seeking perspectives from all relevant parties, a detailed and forward-looking review of UNAMID’s progress towards achieving its mandate, including in light of major changes and developments in the situation in Darfur since UNAMID’s establishment, progress towards its benchmarks and consequences for UNAMID; and requests that he present options and recommendations on improving UNAMID’s effectiveness to the Security Council by 28 February 2014;

4. Underlines the need for UNAMID to continue 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 full implementation of its mission-wide early warning strategy with associated early warning indicators; proactive military deployment and increased patrols in areas at high risk of conflict; enhanced efforts to respond promptly and effectively to threats of violence against civilians; 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

5. 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; reiterates that it is important to ensure that contingents are properly prepared and effectively equipped to be able to carry out UNAMID’s mandate, and urges continued efforts, with those contingents for whom it is necessary, to achieve improvements in this area;

6. 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 7, 8 and 10 below, and welcomes the efforts of the AU High-level Implementation Panel for Sudan in this regard;

7. Urges the signatory parties 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, as well as the Darfur Regional Security Committee, the establishment of which 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, in this context, condemns the killing of Mohamed Bashar and other members of his movement by JEM-Gibril forces, and the taking captive of several others, and further demands their immediate release; 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 welcomes the Integrated Strategic Framework developed by UNAMID and the United Nations country team for United Nations system-wide support to the DDPD;

8. 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), and further demands that all parties to the conflict and other groups immediately cease all acts of violence, in order to bring a stable and durable peace to the region;

9. Welcomes the initiative of the Joint Chief Mediator to revitalize the peace process, including through renewed engagement of the non-signatory movements;

10. 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; welcomes steps taken in this regard, in particular the finalization of the strategy for the Darfur Internal Dialogue and Consultations, endorsed by the facilitators, UNAMID, the AU-HIP and the State of Qatar; calls on the Government of Sudan and the armed groups to ensure the necessary enabling environment for such a dialogue to begin promptly; 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 14 below, to report any security incidents, threats, violations of the participants’ freedoms or instances of interference as well as on the overall environment for the dialogue. 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;

11. Commends UNAMID troop- and police-contributing countries and the contributions of donors to UNAMID, calls on Member States to pledge and provide remaining force enablers, including military air assets, required for the Mission, and recalls the importance of continued close consultations with troop- and police-contributing countries; strongly condemns all attacks on UNAMID, including the 13 July attack that led to the death of seven United Nations peacekeepers, and other attacks that have killed or wounded others; underlines that any attack or threat of attack on UNAMID is unacceptable and notes that individuals and entities who plan, sponsor or participate in such attacks constitute a threat to stability in Darfur and may therefore meet the designation criteria provided for in paragraph 3 (c) of resolution 1591 (2005); demands that there be no recurrence of such attacks and that those responsible be held to account following prompt and thorough investigation, stresses the need to enhance the safety and security of UNAMID personnel, urges UNAMID to take all necessary measures within its rules of engagement to protect United Nations personnel and equipment; condemns the ongoing impunity for those who attack peacekeepers, and in this regard urges the Government of Sudan to do its utmost to bring all perpetrators of any such crimes to justice and to cooperate with UNAMID in this regard, and further urges relevant parties to cooperate with the Panel of Experts appointed by the Secretary-General pursuant to paragraph 3 (b) of resolution 1591 (2005) and extended by subsequent resolutions;

12. 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 and processing of its equipment at the port of entry to Sudan; welcomes that, in the latest rotation cycle, equipment clearances were given in a more timely manner, but expresses concern that other delays continue; welcomes some progress made in the provision of such visas, but deplores continued delays, 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;

13. 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;

14. 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; welcomes the updated benchmarks and indicators for UNAMID submitted by the Secretary-General, after consultation with the African Union, in his report of 16 October 2012 (S/2012/771), and the inclusion in his regular reports to the Council every 90 days thereafter of an assessment of progress towards and obstacles to the achievement of these benchmarks, which help the Council to 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;

15. Demands that all parties to the conflict in Darfur immediately end violence, including 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;

16. Expresses its serious concern at the deteriorating humanitarian situation in Darfur, and at the threats to humanitarian organizations that persist, welcomesthat humanitarian organizations are able to deliver aid to most people in need of assistance in Darfur but expresses serious concern that access to populations in conflict-affected areas remains constrained, deplores 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, notes the publication of the Government of Sudan’s Directives for Humanitarian Work 2013, regarding cooperation with the humanitarian community on facilitation of humanitarian access in Darfur, and calls for their full implementation, stressing the need for 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, while respecting United Nations guiding principles of humanitarian assistance including humanity, impartiality, neutrality and independence;

17. Condemns rights violations and abuses in, and relating to, Darfur, including extrajudicial killings, the excessive use of force, abduction of civilians, acts of sexual and gender-based violence and 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 within its current mandate, UNAMID’s, and other relevant organizations’ ability to monitor such cases and in this regard urges the Government of Sudan to extend greater cooperation with UNAMID towards fulfilment of this goal; calls onthe 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;

18. Takes note of the elaboration of the human rights due diligence policy, encourages UNAMID to implement it fully, and requests the Secretary-General to include progress made in implementing the policy in his reports to the Council;

19. 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 requests the Secretary-General to ensure effective inter-mission cooperation;

20. Notes the request contained in paragraph 25 of resolution 2109 (2013) 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;

21. 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; expresses deep concern at the significant worsening of insecurity and increase in displacements this year and the resulting humanitarian and protection needs, 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;

22. 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;

23. Expresses deep concern over the increased localized conflicts, increased criminality and violence and their effect on civilians, and particularly over the sharp increase in inter-tribal clashes and calls on all parties urgently to put an end to such clashes and to pursue reconciliation and dialogue; 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, including with civil society organizations and authorizes the Joint Chief Mediator to conduct mediation and reconciliation efforts involving Darfuri armed groups; 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;

24. Encourages the Joint Chief Mediator, in his facilitation of the Darfur peace process and his mediation and reconciliation efforts, to be mindful of other relevant peace processes;

25. Demands that the parties to the conflict immediately cease all acts of sexual violence, and make and implement specific and time-bound commitments to combat such violence, in accordance with resolution 2106 (2013); and requestsUNAMID to report on sexual and gender-based violence, as well as to assess progress towards the elimination of sexual and gender-based violence, including through the timely appointment of women protection advisers, and notes the inclusion of 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 4 above, and requests the Secretary-General to ensure that the relevant provisions of resolutions 1325 (2000), and associated resolutions on women, peace and security, are implemented by UNAMID, including supporting the participation of women during all stages of peace processes, particularly in conflict resolution, post-conflict planning and peacebuilding, including women’s civil society organizations, and through the appointment of gender advisers, and to include information on this in his reporting to the Council;

26. Demands furthermore that the parties to the conflict immediately cease all violations and abuses against children and requests the Secretary-General to ensure

(a) continued monitoring and reporting, including as part of the reports referred to in paragraph 14 above, of the situation of children including through enhanced 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 children and other violations of international humanitarian law and human rights law committed against children;

27. Takes note of the ongoing review of the civilian component of UNAMID, and expects this review to ensure that the Mission will effectively and efficiently implement its mandate and respond to developments on the ground and emerging priority needs;

28. Recognizes UNAMID’s efforts to manage the environmental impacts of its operations when fulfilling mandated tasks, as appropriate and in accordance with applicable and relevant General Assembly resolutions and United Nations rules and regulations, and encourages UNAMID to continue such efforts;

29. 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 14 above, on this to the Security Council and troop-contributing countries;

30. Decides to remain seized of the matter.

Adopted by the Security Council at its 7013th meeting, on 30 July 2013.