United Nations Security Council Resolution 2386 – Reports of the Secretary-General on the Sudan and South Sudan

Resolution 2386 (2017)

The Security Council,

Recalling its previous resolutions and its presidential statements on the situation in Sudan and South Sudan, and in particular, resolutions 1990 (2011), 2024 (2011), 2032 (2011), 2046 (2012), 2047 (2012), 2075 (2012), 2104 (2013), 2126 (2013), 2156 (2014), 2179 (2014), 2205 (2015), 2230 (2015), 2251 (2015), 2287 (2016), 2318 (2016), and 2352 (2017) as well as presidential statements S/PRST/2012/19 and S/PRST/2013/14, and the Council’s press statements of 18 June 2012, 21 September 2012, 28 September 2012, 6 May 2013, 14 June 2013, 14 February 2014, 17 March 2014, 11 December 2014, and 27 November 2015,

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Sudan and South Sudan, and to the purposes and the principles of the Charter of the United Nations, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation,

Reiterating that the territorial boundaries of States shall not be altered by force, and that any territorial disputes shall be settled exclusively by peaceful means, affirming the priority it attaches to the full and urgent implementation of all outstanding issues from the Comprehensive Peace Agreement (CPA), and underscoring that the future status of Abyei shall be resolved by negotiations between the parties in a manner consistent with the CPA and not by the unilateral actions of either party,

Recalling the commitments made by the Government of Sudan and the Government of South Sudan in the 20 June 2011 Agreement between the Government of Sudan and the Sudan People’s Liberation Movement on Temporary Arrangements for the Administration and Security of the Abyei Area, the 29 June 2011 Agreement between the Government of the Sudan and the Government of South Sudan on Border Security and the Joint Political and Security Mechanism (JPSM), and the 30 July 2011 Agreement on the Border Monitoring Support Mission between the Government of Sudan and the Government of South Sudan, as well as the 27 September 2012 Agreements on Cooperation and Security Arrangements, the JPSM’s 8 March 2013 decision, and the Implementation Matrix of 12 March 2013, reached by the Government of Sudan and the Government of South Sudan in Addis Ababa under the auspices of the African Union High-level Implementation Panel (AUHIP), as well as the extraordinary meetings of the JPSM in October 2015 and May 2017 and the ordinary session of the JPSM in June 2016 and October 2017,

Encouraging progress on improving bilateral relations between Sudan and South Sudan, and stressing the need for regular meetings of the JPSM and other joint mechanisms, including the Joint Border Commission and Joint Demarcation Committee, to enable dialogue and coordination on matters of border security, and recognizing cooperation between Sudan and South Sudan on refugees, humanitarian corridors, and trade,

Urging the Governments of Sudan and South Sudan to reinvigorate progress towards implementing the Temporary Arrangements for the Administration and Security of the Abyei Area as set out in the 20 June 2011 Agreement,

Expressing its full support for the efforts of the African Union on the situation between the Republic of Sudan and the Republic of South Sudan, in order to ease the current tension, facilitate the resumption of negotiations on post-secession relations and the normalization of their relations, and stressing the importance of the African Union’s continued engagement,

Reaffirming its previous resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006), 1894 (2009) 2175 (2014) and 2222 (2015) on the protection of civilians in armed conflict; 1612 (2005), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014) and 2223 (2015) 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), 2106 (2013), 2122 (2013), and 2242 (2015) on women, peace and security,

Stressing the need for effective human rights monitoring and reporting, including of any sexual and gender-based violence and violations and abuses committed against women and children, taking note that there have been no developments with regard to the operationalization of human rights monitoring in the Abyei Area, and reiterating its concern at the lack of cooperation by the parties with the Secretary-General to this end,

Recalling that its resolution 2086 (2013) reiterates the importance, when establishing and renewing the mandates of United Nations Missions, of including provisions on the promotion of gender equality and the empowerment of women in post-conflict situations and on children and armed conflict, and 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, and through concerted leadership, consistent information and action, and support, to build women’s engagement in all levels of decision-making,

Acknowledging the Government of Sudan and the Government of South Sudan’s acceptance at the 13–14 October 2015 JPSM meeting of the map presented by the AUHIP in November 2011 relating to the Safe Demilitarized Border Zone (SDBZ), their agreement that the centreline is only the location of the separation line between armed forces, as well as the parties’ agreement to activate all mechanisms relating to the JPSM as provided for in relevant agreements, and encouraging the parties to delineate or agree on the coordinates of, and demilitarize the SDBZ, including the “14 Mile Area”, and to fully implement the Joint Border Verification and Monitoring Mechanism (JBVMM), in accordance with Security Council resolution 2046 (2012) and the AUPSC Roadmap of 24 April 2012, and underlining the importance of fully establishing and maintaining effective JBVMM monitoring of the SDBZ, including the “14 Mile Area”, and further urging the parties to cooperate in allowing the United Nations Interim Security Force for Abyei (UNISFA) to fulfil its responsibility to provide security for the JBVMM’s mission to monitor the SDBZ,

Recalling its decision in resolution 2352 (2017) to end the mandate for support to the Joint Border Verification and Monitoring Mechanism (JBVMM) unless both parties demonstrate through their actions clear commitment and steadfast guarantees for the implementation of the JBVMM, in line with steps outlined in paragraph 7 of resolution 2352 (2017), including resuming border demarcation discussions, holding regular meetings of the JPSM, and granting UNISFA full freedom of movement,

Recognizing some progress by the parties since May 2017 but regretting the lack of significant concrete progress made by both parties on achieving the benchmarks for the JBVMM and the unnecessary impediments imposed upon the JBVMM, reducing its ability to effectively monitor the SDBZ,

Noting with concern the absence of local institutions to manage the Abyei Area and encouraging continued progress in convening Abyei Joint Oversight Committee (AJOC) meetings,

Recognizing the importance of regular dialogue between the Governments of Sudan and South Sudan, recalling the United Nations Security Council decision in resolution 2046 (2012) that the parties must resume immediately negotiations to reach agreement on Abyei’s final status under the auspices of the AUHIP, calling upon all parties to engage constructively in the process mediated by the AUHIP towards final agreement on the final status of the Abyei Area, and stressing that the parties must immediately implement pending aspects of the 20 June 2011 Agreement, in particular to resolve the dispute over the Abyei Area Agreement, and to resolve the dispute over the Abyei Area Council, and immediately establish the Abyei Area Administration and Abyei Police Service,

Stressing that both countries and communities will have much to gain if they show restraint and choose the path of dialogue instead of resorting to violence or provocations,

Commending the continued assistance provided to the parties by the AUHIP, the Intergovernmental Authority on Development, the Federal Democratic Republic of Ethiopia, the Special Envoy of the Secretary-General for Sudan and South Sudan, and UNISFA,

Further commending the efforts of UNISFA in effectively carrying out its mandate, including by its ongoing facilitation of peaceful migration throughout the Abyei Area, conflict prevention, mediation and deterrence, and expressing its deepappreciation for the work of the troop-contributing countries, and strongly underscoring the unacceptability of any attack on United Nations personnel, including the firing on UNISFA patrols in early 2017 by unknown assailants, and reiterating that such attacks should be swiftly and thoroughly investigated, and that those responsible should be held to account,

Taking note of the security situation in the Abyei Area as characterized by the 17 October 2017 Secretary-General’s report (S/2017/870), and acknowledging UNISFA’s contribution to enhanced peace and stability since its deployment and expressing its determination to prevent the recurrence of violence against or displacements of civilians and to avert intercommunal conflict,

Reiterating its deep concern regarding the public administration and rule of law vacuum in the Abyei Area, due to continued delays in the establishment of the Abyei Area Administration and Council and Police, including a special unit to deal with particular issues related to nomadic migration, which are essential to maintain law and order and prevent intercommunal conflict in Abyei, and in this regard, welcoming UNISFA’s efforts to support and strengthen community protection committees, and to continue engaging with both governments on this issue,

Noting with concern the continued delay in establishing the temporary institutions and resolving the final status of Abyei and that the continued threat of intercommunal violence contributes to heightened tensions in the Abyei Area, including those ongoing tensions that prevent UNISFA’s and other agencies’ Sudanese staff from returning to Abyei,

Urging all parties to refrain from any unilateral action that could aggravate intercommunal relations within the Abyei Area, expressing concern over the continued implications of what the AUPSC described in their 6 November 2013 press statement as “the decision by the Ngok Dinka to conduct a unilateral referendum” and also in this context, taking note that the Government of Sudan proceeded with its April 2015 national elections in Abyei,

Bearing in mind the current humanitarian situation in which humanitarian actors continue to provide assistance to 100,000 people in the Abyei Area and the importance of coherence of United Nations assistance in the region, and further stressing the urgency of facilitating the delivery of humanitarian assistance to all affected populations,

Affirming the importance of voluntary, safe, dignified return and sustainable reintegration of displaced persons, and of peaceful and orderly migration cycles respecting the traditional migratory routes from Sudan to South Sudan through Abyei, and urging UNISFA to continue to take measures as necessary to ensure security in the Abyei Area in accordance with its mandate,

Recalling its resolution 2117 (2013), and expressing grave concern at the threat to peace and security in Abyei arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, welcoming the completion of infrastructure, systems, and policy for weapons confiscation, storage and destruction, and calling on UNISFA to ensure adequate protection of this infrastructure,

Expressing concern about the residual threat of landmines and explosive remnants of war in the Abyei Area, which hinders the safe return of displaced persons to their homes, safe migration, and livelihood activities,

Taking note of the 28 July 2017 and 17 October 2017 Secretary-General’s reports (S/2017/649 and S/2017/870), including the Secretary-General’s call on the parties to consolidate the gains achieved by UNISFA at the local level by actively engaging in efforts to establish the Abyei Area Administration and Council, and to constitute the Abyei Area Police,

Recalling that the Security Council welcomed in resolution 2205 (2015) the decision of the Secretary-General to appoint a civilian head of mission,

Recognizing that the current situation in Abyei and along the border between the Sudan and South Sudan continues to constitute a serious threat to international peace and security,

Adopted by the Security Council at its 8101st meeting, on 15 November 2017.