United Nations Security Council Resolution 2363 – Reports of the Secretary-General on the Sudan and South Sudan

Resolution 2363 (2017)

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 recognising that the mandate of each peacekeeping mission is specific to the country concerned, and recalling S/PRST/2015/22,

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,

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, Current situation,

Welcoming the reduction of military confrontations between Government forces and rebel groups and the announcement of unilateral cessation of hostilities by the Government of Sudan until June 2017 and by the Sudan Liberation Army Minni Minnawi (SLA/MM) and the Justice and Equality Movement (JEM)/Gibril until November 2017,

Expressing concern at the presence of Darfur armed movements in conflict areas outside Sudan; expressing further concern at the recent clashes in north and east Darfur, condemning the violations of unilateral cessations of hostilities and urging all parties to abide by their unilateral cessation of hostilities and to immediately agree to a permanent ceasefire,

Reiterating its demand that all parties to the conflict in Darfur immediately end violence, including attacks on civilians, peacekeepers and humanitarian personnel,

Welcoming the overall improvement in security conditions, expressing concern that the overall security situation in Darfur remains precarious due to activities of militia groups, the incorporation of some militias into auxiliary units of the Government of Sudan forces, which have become key actors in the conflict between the Government of Sudan and the armed movements and in inter-communal conflict and further exacerbate insecurity and threats against civilians in Darfur, the prevalence of weapons, which contributes to large scale violence and is undermining the establishment of the rule of law, acts of banditry and criminality and the absence of rule of law,

Noting that inter-communal conflicts remain one of the main sources of violence in Darfur and expressing concern at ongoing inter-communal conflict over land, access to resources, migration issues and tribal rivalries, including with the involvement of paramilitary units and tribal militias, as well as at the persistence of attacks against civilians, sexual and gender-based violence and that crucial grievances that caused the conflict remain unaddressed,

Welcoming the increased presence of the Sudanese Police in Darfur, as compared to previous years, urging the Government of Sudan to continue to increase the number and presence of police in Darfur, underlining the importance of effective police and rule of law institutions to establishing a protective environment and combating impunity in line with international human rights standards and noting that whilst the Sudanese Police have increased their presence in Darfur, they lack capacity to fully cover all the localities and protect communities and that the presence and capacity of justice and corrections institutions across Darfur is limited and impunity for serious crimes remains widespread, acknowledging efforts by the local governments to restore law and order through the deployment of additional police, corrections and judicial human and material resources across Darfur, noting that these efforts should be consolidated and expanded to enhance the protective environment for the civilian population, without any discrimination, particularly with respect to violations and abuses of women’s rights and sexual and gender-based violence as well as violations and abuses against children and recalling the importance of national political leadership towards that goal,

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, destabilising accumulation and misuse of small arms and light weapons, and the continued threats to civilians posed by unexploded ordnance, Humanitarian situation and displacement,

Whilst welcoming the reduction in the levels of new displacement in the first quarter of 2017, expressing deep concern at the increase in displacement in 2016, when armed conflict triggered the displacement of over 140,000 people, and of an additional 40,000 who were displaced and subsequently returned to their places of origin, with thousands more reported to be displaced but which could not be verified due to access constraints, increasing the estimated total number of long-term internally-displaced persons (IDPs) in Darfur to 2.7 million and a total number of people in need of humanitarian assistance of 2.1 million,

Calling on donors, the regional authorities in Darfur and the Government of Sudan to provide the financial resources necessary to reach those in need, including to the United Nations Country Team, and to undertake development activities in support of the transition to peacebuilding, and urging the Government of Sudan and the local authorities to ensure there is an environment conducive to the provision of such activities, including improving access for development actors,

Noting some improvements in the protective environment, expressing concern that IDPs continue to face grave security challenges including being killed, raped, or harassed as they conduct life-sustaining activities outside the camps and at the increase in human rights violations and abuses in 2016 and the first quarter in 2017 and the worrying levels of conflict-related sexual and gender based violence and grave violations against children,

Underlining the importance of the Government of Sudan addressing the root causes of conflict and extending state authority, including through the strengthening of the rule of law and respect for human rights, throughout Darfur in order to make the transition to peacebuilding possible,

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 stabilisation and development activities, urging the Government of Sudan, with the support of interested donors, to ensure that the Darfur Peace Follow-up Office is properly resourced in order to continue implementation of the work of the former Darfur Regional Authority and the Commissions, 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, affirming that development can support a lasting peace in Darfur, and calling on donors to support the Darfur Development Strategy and ensure their funding is adequately aligned to Darfur’s current development needs,

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 the United Nation-African Union Mission in Darfur (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,Operational Challenges,

Welcoming the improvement in freedom of movement for UNAMID and humanitarian personnel as well as in the issuance of visas for UNAMID staff and the processing of UNAMID containers, but expressing concern that restrictions remain in place, including restrictions from the Government of Sudan on the conduct of night patrols all over Darfur and restrictions preventing UNAMID from reaching areas where there are instances of inter-communal conflict in a timely fashion, and that obstacles, including bureaucratic obstacles, imposed on UNAMID continue to jeopardise its ability to deliver on its mandate, including visa restrictions targeted at some elements of UNAMID, particularly the human rights section, and ongoing delays in the processing of UNAMID containers, recognising 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 to ensure that humanitarian personnel and UNAMID can operate in support of addressing basic needs,Political situation,

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, including management of land, water and other resources, and the perceived bias by the Government of Sudan towards one group over another, 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 implementation of the AU High-Level Implementation Panel (AU-HIP) Roadmap and mediated peace talks,

Welcoming the signing of the AU-HIP Roadmap by the Government of Sudan and the armed movements, urging all parties to make immediate progress on the implementation of the Roadmap, including the signing of cessation of hostilities and humanitarian assistance agreements among the parties consistent with the first phase of the Roadmap, and further urging non-signatory groups to sign it without delay,

Acknowledging the progress of the Sudan National Dialogue in October 2016, including the adoption of a national document and the subsequent appointment of the First Vice President as Prime Minister and formation of a Government of National Unity, and noting that major opposition groups in Sudan have not yet participated in the National Dialogue out of concerns that the process being conducted was taking place in an adverse political and human rights climate, noting that the Government of Sudan has expressed openness for outstanding opposition groups to join the National Dialogue process and encouraging the Government of Sudan to create a more inclusive environment that would enable outstanding opposition groups to contribute to this process, including by contributing to modalities on implementing the recommendations agreed in the national document and to join the National Dialogue process in the drafting of a new constitution,

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 of Sudan and non-signatory armed movements,

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, with the support of UNAMID, and efforts of the United Nations Country Team, particularly through the Darfur Community Peace and Stability Fund (DCPSF), in this regard, welcoming the encouraging conclusion of several inter-communal peace agreements, with support from UNAMID and the United Nations Country Team, 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, commending the efforts of the AU-HIP, led by President Thabo Mbeki and the efforts of the Joint Special Representative (JSR) 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,

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, including sexual and gender-based violence, 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, particularly with respect to cases of sexual and gender based violence, and stressing the need for further progress in this regard with respect to perpetrators on all sides, 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 instability in Darfur on the stability of Sudan as a whole as well as the region, and encouraging cooperation between regional state actors to address cross-border issues, such as weapons smuggling, in order to achieve peace and stability in Darfur and the wider region, and recalling in this regard the arms embargo as contained in paragraph 9 of resolution 1556 (2004) and paragraph 7 of resolution 1591 (2005), as updated in paragraph 9 of resolution 1945 (2010) and paragraph 4 of resolution 2035 (2012),

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 18 May 2017 (S/2017/437) (the Special Report) and the Report of the Secretary-General of 14 June 2017 on UNAMID,

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

Adopted by the Security Council at its 7989th meeting, on 29 June 2017.