United Nations Security Council Resolution 2296 – Reports of the Secretary-General on the Sudan and South Sudan

Resolution 2296 (2016)

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,

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 country concerned,

Recalling all its relevant resolutions on women, peace and security, on children and armed conflicts, on the protection of humanitarian and United Nations personnel, and on the protection of civilians in armed conflicts,

Expressing deep concern at the ongoing insecurity in Darfur as characterised by attacks by rebel groups and Government forces in Jebel Marra, inter-tribal fighting, banditry and criminality, including sexual and gender-based violence targeting women and girls, which continues to threaten civilians, in particular women and children; and reiterating its demand that all parties to the conflict in Darfur immediately end violence, including attacks on civilians, peacekeepers and humanitarian personnel,

Taking note of the lack of military confrontation between the Government of Sudan and armed groups in Darfur over the past year, except for Jebel Marra, expressing deep concern at a significant increase in violence in and around the Jebel Marra, where fighting between the Government of Sudan and the Sudan Liberation Army Abdul Wahid (SLA/AW) continued, including aerial bombardments and reported attacks on women and children, as well as inter-communal conflict over land, access to resources, migration issues and tribal rivalries, including with the involvement of paramilitary units and tribal militias, including in East, West and North Darfur where inter-communal conflict led to significant displacement as well as the killing and wounding of civilians and the wounding of a peacekeeper,

Emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable and that the Government of Sudan bears the primary responsibility to protect civilians within its territory and subject to its jurisdiction, including protection from crimes against humanity and war crimes,

Recalling its resolution 2117 (2013) 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 continued threats to civilians posed by unexploded ordnance,

Expressing deep concern at the significant increase in population displacements in 2015 and so far in 2016 and the consequent increase in humanitarian assistance and protection needs, with 80,000 displaced across Darfur during the first five months of 2016 according to the United Nations and partners, some of whom have already returned, and unconfirmed reports due to access restrictions that up to an additional 127,000 were also reportedly displaced, in addition to 247,000 newly displaced in 2015, increasing the estimated total number of long-term internally-displaced persons (IDPs) in Darfur to 2.6 million and a total number of people in need of humanitarian assistance of 3.3 million,

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, and further recalling the role of the Implementation Follow-up Commission (IFC) in assessing the implementation of the DDPD,

Expressing concern that the continued denial of access and restrictions imposed on humanitarian actors have left significant gaps in the delivery of humanitarian assistance, calling on the Government of Sudan to ensure humanitarian actors can operate in support of addressing basic needs,

Expressing concern at access restrictions and obstacles, including bureaucratic obstacles, imposed on the United Nation-African Union Mission in Darfur (UNAMID) which continue to jeopardise its ability to deliver on its mandate, including access restrictions in North and Central Darfur which prevent access to populations displaced by the fighting in Jebel Marra, welcoming the recent clearance by the Government of Sudan of 233 shipments with food rations for UNAMID and 16 shipments with United Nations- and contingent-owned equipment, noting that clearance for 298 shipments containing United Nations- and contingent-owned Equipment remains pending, recognizing the Government of Sudan’s commitment to cooperate with UNAMID and humanitarian personnel on all logistical issues and calling on the Government of Sudan to continuously honour its commitment in full,

Calling on donors, the regional authorities in Darfur and the Government of Sudan to provide the financial resources necessary to reach those in need,

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, and underscoring the importance of fully addressing the root causes of the conflict in the search for a sustainable peace, which should rapidly deliver real benefits for the Darfuri people, in this regard reiterating its support for the DDPD as a viable framework for the peace process in Darfur, and for its accelerated implementation, as well as the AU High-Level Implementation Panel (AU-HIP) mediated peace talks,

Acknowledging the Sudan National Dialogue convened in Khartoum in October 2015 and the efforts of the Government of Sudan to promote the National Dialogue, and further acknowledging that this National Dialogue was not sufficiently inclusive as it did not include all relevant parties,

Recalling the statements made by the Secretary-General and the Chairperson of the African Union Commission, which welcome the signing by the Government of Sudan of the Roadmap Agreement proposed by the AU-HIP, urge the non-signatory groups to sign it urgently and call on all signatories to fully abide by the Roadmap Agreement,

Welcoming the additional commitments by the Government of Sudan regarding the inclusivity of the National Dialogue,

Deploring the fact that some armed groups are impeding the peace process and have continued to resort to violence, reiterating its demand for the release of members of the former movement of Mohamed Bashar, taken captive in May 2013 by Justice and Equality Movement (JEM)-Gibril forces, and condemning any actions by any armed group aimed at forced overthrow of the Government of Sudan,

Noting that UNAMID’s ability to facilitate progress in implementation of the DDPD is hampered by delays and the absence of an inclusive political settlement between the Government and non-signatory movements, urging the signatory parties to take the necessary remaining steps to implement the DDPD fully, expressing concern that the humanitarian and security situation, as well as the lack of capacity of the regional authorities in Darfur, hinder the transition from relief to stabilization and development activities, urging the Government of Sudan, with the support of interested donors, to ensure that the outstanding work of the Darfur Regional Authority and the Commissions are properly resourced to continue implementation, urging donors and the Government of Sudan to honour their pledges and fulfil their obligations in a timely manner, including those commitments made at the conference in Doha in April 2013, and affirming that development can support a lasting peace in Darfur,

Noting that local dispute resolution mechanisms play an important role in preventing and resolving inter-communal conflict, including conflict over natural resources, urging an intensification of effective efforts to prevent local disputes leading to violence, with its corresponding impact on the local civilian populations, acknowledging the efforts of Sudanese authorities and local mediators to intervene through the deployment of security forces and establishment of buffer zones between warring communities, and to mediate in inter-communal fighting, welcoming the encouraging conclusion of several inter-communal peace agreements, with support from UNAMID and the UN Country Team (UNCT), and urging their continued work in collaboration with the Government of Sudan to find sustainable solutions to these conflicts,

Welcoming regional and other initiatives, undertaken in close interaction with the Government of Sudan, to address the root causes of the conflict in Darfur and to promote a sustainable peace, including the convening of JEM and the Sudan Liberation Army Minni Minnawi (SLA/MM) by the Joint Special Representative/Joint Chief Mediator (JSR/JCM) in coordination with the Government of Qatar in May 2016 which focused on exploring the possibility for the two movements to join the peace process, and commending the efforts of the JSR/JCM to secure peace, stability and security in Darfur, including through support to international, regional and national efforts to revitalise the peace process and increase its inclusiveness,

Acknowledging efforts by local governments to restore law and order through the deployment of additional police, corrections and judicial human and material resources across Darfur, including legal advisers, prosecutors, legal aid assistants and family protection units and noting that these efforts should be consolidated and expanded to enhance the protective environment for the civilian population, particularly with respect to violation and abuses of women’s rights and sexual and gender-based violence,

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 African Union, consistent with Chapter VIII of the Charter of the United Nations, with regard to the maintenance of peace and security in Africa, particularly in Sudan,

Taking note of the regular consultations held between the United Nations, African Union and Government of Sudan in the format of the Tripartite mechanism, the report of the Joint Working Group of 23 May 2016, and the intention of the Joint Working Group to reconvene in four months,

Calling on all parties to comply with their obligations under international human rights law and international humanitarian law, stressing the importance that the Council attaches to ending impunity including through ensuring accountability and bringing to justice the perpetrators of crimes committed by all parties in Darfur, urging the Government of Sudan to comply with its obligations in this respect, welcoming the ongoing investigations by the Special Prosecutor for Darfur appointed by the Government of Sudan and stressing the need for further progress in this regard, reiterating the call for swift progress on the draft Memorandum of Understanding providing for UNAMID and African Union observation of the proceedings of the Special Court, and calling on the Government of Sudan swiftly to investigate attacks against UNAMID, and to bring the perpetrators to justice,

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, including on border control, and encouraging Sudan, Chad and the Central African Republic to continue to cooperate in order to achieve peace and stability in Darfur and the wider region,

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

Welcoming the Special Report of the Secretary-General and the Chairperson of the African Union Commission of 2 June 2015 (S/2016/510) on UNAMID,

Taking note of the completion of the review commissioned by the Secretary-General on 2 July 2014 into the issue of under-reporting, and allegations of manipulation of reporting, by UNAMID, and welcoming the recommendations and conclusions contained in the review and the continued implementation of me asures to address this issue,

Determining that the situation in Sudan constitutes a threat to international peace and security,

Adopted by the Security Council at its 7728th meeting, on 29 June 2016.