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United Nations Security Council Resolution 2241 – Reports of the Secretary-General on the Sudan and South Sudan

United Nations Security Council Resolution 2241 – Reports of the Secretary-General on the Sudan and South Sudan

Resolution 2241 (2015)

The Security Council,

Recalling its previous resolutions 1996 (2011), 2046 (2012), 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206 (2015) and 2223 (2015), and statements by its President S/PRST/2014/16, S/PRST/2014/26 and S/PRST/2015/9,

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,

Welcoming the signing of the “Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the “Agreement”) as contained in the annex to S/2015/654, by President Salva Kiir Mayardit, the Sudanese People’s Liberation Movement/Sudanese People’s Liberation Army in Opposition (SPLM/SPLA-IO) Chairman Dr. Riek Machar Teny, Former Detainees representative Mr. Pagan Amum Okiech, and other stakeholders, and recognizing these signatures as a commitment by the parties to implement the Agreement, without exception, and expressing its concern with any statement by any party suggesting a lack of commitment to implement the Agreement, as contained exclusively in the annex to S/2015/654,

Expressing deep appreciation for the Intergovernmental Authority on Development (IGAD) Ministerial Group’s initiative in leading the mediation since the onset of the crisis, commending the expanded efforts of the “IGAD-Plus”configuration, involving 19 nations and organizations including the United Nations, as friends of South Sudan from Africa and elsewhere, to develop and achieve a comprehensive solution that has now established a foundation to deliver a peace to South Sudan, and urging enhanced support by the international community during the peace implementation,

Recalling its resolution 2086 (2013) and reaffirming the basic principles of peacekeeping, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, and recognizing that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned,

Reiterating its grave alarm and concern regarding the political, security, 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,

Acknowledging that the Agreement is the first step in reversing the difficult political and economic situation, as well as the humanitarian, and security catastrophe resulting from this crisis, and calling upon the parties, with support from the United Nations and the international community, to fully implement the Agreement,

Calling upon the parties to adhere to the permanent ceasefire immediately, and confirming its intention to move swiftly to update the mandate of the United Nations Mission in South Sudan (UNMISS) to support implementation of key tasks in the Agreement,

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, and attacks on schools, places of worship, hospitals, and United Nations and associated peacekeeping personnel, by all parties, including armed groups and national security forces, as well as the incitement to commit such abuses and violations,

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Further condemning harassment and targeting of civil society, humanitarian personnel and journalists, and emphasizing the importance of accountability for those responsible for violations of international humanitarian law and violations and abuses of human rights and that the Government of South Sudan bears the primary responsibility to protect its populations from crimes against humanity, war crimes, ethnic cleansing, and genocide,

Expressing serious and urgent concern over the more than 2.21 million displaced persons and deepening humanitarian crisis, stressing the responsibility borne by all parties to the conflict for the suffering of the people of South Sudan, and the necessity of ensuring that the basic needs of the population are met, and commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population,

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, the full, safe and unhindered a ccess 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, including those that resulted in the deaths of 34 personnel since December 2013, and recalling that attacks against humanitarian personnel and depriving civilians of objects indispensable to their survival 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, and expressing appreciation for UNMISS’s efforts to support IDPs seeking protection on its sites, while underlining the necessity to find sustainable solutions for the internally displaced persons, including in alternative safe and secure locations, and in keeping with the Guiding Principles on Internal Displacement,

Taking note with interest of the reports on the human rights situation in South Sudan including on the “Escalation of Fighting in Great Upper Nile in April/May 2015” of 29 June 2015, the situation of children in armed conflict on 17 June 2015 and 11 December 2014, the “Attack on Bentiu-20 October 2014” released on 19 December 2014, and the “Attacks on Civilians in Bentiu and Bor-April 2014” on 9 January 2015, in addition to the 21 February 2014 UNMISS Interim Human Rights report, and 8 May 2014 “Conflict in South Sudan: A Human Rights Report”,

Expressing grave concern that according to some of these reports there are reasonable grounds to believe that war crimes and crimes against humanity, including those involving extrajudicial killings, rape and other acts of sexual violence, enforced disappearances, the use of children in armed conflict, and arbitrary arrests and detention have been committed by both government and opposition forces, and noting that such crimes constitute actions that threaten the peace, security and stability of South Sudan,

Reaffirming that sustainable peace requires an integrated approach based on coherence between political, security, development, human rights, including gender equality, rule of law, and justice and reconciliation activities and, in this regard, emphasizing the importance of the rule of law as one of the key elements of conflict prevention, peacekeeping, conflict resolution and peacebuilding,

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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,

Emphasizing 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), recalling its willingness to impose targeted sanctions and noting with interest the 26 September 2015 communique of the African Union Peace and Security Council expressing its determination to impose measures against all those who impede implementation of the Agreement,

Recognizing the work of the African Union Commission of Inquiry in independent and public human rights monitoring, investigation and reporting, and its 27 June 2014 “Interim Report of AU Commission of Inquiry on South Sudan”, and welcoming the African Union Peace and Security Council 26 September 2015 communique which includes a decision to release the African Union Commission of Inquiry on South Sudan report and the Separate Opinion, and anticipating with interest the findings and recommendations,

Strongly condemning the use of media to broadcast hate speech and transmit messages instigating violence against a particular ethnic group, which has the potential to play a significant role in promoting mass violence and exacerbating conflict, calling on the Government of South Sudan to take the appropriate measures in order to deter such activity, and further urging all parties to desist from these actions and instead contribute to promoting peace and reconciliation among the communities,

Recognizing the important role played by civil society organizations, faith leaders, women, and youth in South Sudan in reaching the Agreement, and underscoring the importance of their participation

— and other political parties

—in implementing the Agreement,

Emphasizing that persistent barriers to full implementation of resolution 1325 (2000) 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 deep concern at persistent restrictions placed upon the movement and operations of UNMISS, including through repeated violations of the Status of Forces Agreement and blocking the deployment of essential assets and enablers, and underscoring the importance of close cooperation and communication between UNMISS and the Government of South Sudan in addressing these issues,

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 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,

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Reiterating its request that UNMISS take additional measures, as appropriate, to ensure the security of its air operations in South Sudan, and report thereon to the Council,

Stressing the importance of effective engagement and liaison with local communities, both within and outside the Protection of Civilians sites, in order to fulfil UNMISS’s Protection of Civilians mandate,

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,

Welcoming IGAD’s continued operations of the Monitoring and Verification Mechanism (MVM) and its transition to the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM), and calling for the withdrawal of armed groups and allied forces invited by either side, consistent with the Agreement, Reaffirming its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006), 1894 (2009), 2150 (2014) and 2222 (2015) on the protection of civilians in armed conflict, and 1502 (2003) and 2175 (2015) on the protection of humanitarian and United Nations personnel; resolutions 1612 (2005), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014) and 2225 (2015) on children and armed conflict; resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), and 2122 (2013) on women, peace, and security; resolution 2150 (2014) on the prevention and fight against genocide; resolution 2151 (2014) on security sector reform; and resolution 2171 (2014) on conflict prevention,

Taking note of the 21 August 2015 Secretary-General’s Report (S/2015/655) 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 7532nd meeting, on 9 October 2015.

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