United Nations Security Council Resolution 2567 – Reports of the Secretary-General on the Sudan and South SudanLetter from the President of the Council on the voting outcome (S/2021/254) and voting details (S/2021/259)

Resolution 2567 (2021)

The Security Council,

Recalling its previous resolutions, statements of its President, and press statements concerning the situation in South Sudan,

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,

Affirming its support for the 2018 “Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the Revitalised Agreement),

Stressing that the peace process only remains viable with the full commitment by all parties, welcoming in this regard encouraging developments in South Sudan’s peace process, and demonstrations of political will by the parties to the Revitalised Agreement in order to create the conditions necessary to advance the peace process, including agreement on the appointment of governors and other progress in the formation of state and local government structures,

Recognizing the reduction in violence between signatory parties to the Revitalised Agreement, and that the permanent ceasefire was upheld in most parts of the country,

Expressing appreciation for the leadership of the Intergovernmental Authority on Development (IGAD) in advancing the peace process for South Sudan and welcoming the commitment and efforts of IGAD and its member states, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), the African Union (AU), the African Union Peace and Security Council (AUPSC), the United Nations (UN), and countries in the region to continue engaging with South Sudanese leaders to address the current crisis, and encouraging their continued and proactive engagement,

Welcoming the ongoing facilitation of political dialogue by the Community of Sant’Egidio between signatories and non-signatories of the Revitalised Agreement and encouraging all parties to continue their efforts to peacefully resolve disputes in order to achieve an inclusive and sustainable peace,

Reiterating its alarm and deep concern regarding the political, security, economic, and humanitarian crisis in South Sudan, taking note of the impact of the COVID-19 pandemic, and emphasizing there can be no military solution to the situation in South Sudan,

Expressing concern regarding the delays in implementing the Revitalised Agreement and stressing the need to expeditiously finalize security arrangements, establish all institutions of the Revitalised Transitional Government of National Unity, including the national legislative assembly, and make progress on transitional reforms,

Strongly condemning all fighting, including violence and casualties that resulted from recent defections, and other violations of the 21 December 2017 “Agreement on Cessation of Hostilities, Protection of Civilians, and Humanitarian Access” (the ACOH) and the permanent ceasefire provisions of the Revitalised Agreement, welcoming the rapid assessment of violations by the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), encouraging IGAD to share reports with the Security Council rapidly, and noting that the African Union, IGAD, and the United Nations Security Council demanded that parties that violate the ACOH must be held accountable,

Expressing grave concern regarding increased violence between armed groups in some parts of South Sudan, which has killed and displaced thousands, and condemning the mobilization of such groups by parties to the conflict, including by members of government forces and armed opposition groups,

Expressing grave concern at ongoing reports of sexual and gender-based violence, including the findings of the report of the Secretary-General on Conflict-Related Sexual Violence to the Security Council (S/2020/487) of the use of sexual violence as a tactic by parties to the conflict against the civilian population in South Sudan, including use of rape, sexual slavery and sexual torture for the purpose of intimidation and punishment, based on perceived political affiliation, and employed as part of a strategy targeting members of ethnic groups, and where conflict-related sexual violence and other forms of violence against women and girls has persisted after the signing of the Revitalised Agreement, as documented in the May 2020 report published by the United Nations Mission in the Republic of South Sudan (UNMISS) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) on “Access to Health for Survivors of Conflict-Related Sexual Violence in South Sudan”, noting that some progress was observed by South Sudanese parties through implementation of action plans to address sexual violence in conflict, and underlining the urgency and importance of timely investigations to support accountability and the provision of assistance and protection to survivors and victims of sexual and gender-based violence,

Alarmed by the dire humanitarian situation, the high levels of food insecurity in the country and likely famine in some areas, recalling its resolution 2417 (2018) that recognizes the need to break the vicious cycle between armed conflict and food insecurity, condemning attacks on the means of livelihood and intentional denial of access to food, which could amount to war crimes, further condemning the obstructions by all parties to civilians’ movement and to humanitarian actors’ movement to reach civilians in need of assistance, expressing concern at the imposition of taxes and fees which hamper the delivery of humanitarian assistance across the country, noting with concern reports that forced displacement and denial of humanitarian access is exacerbating food insecurity for the civilian population,

Expressing serious and urgent concern over the nearly 3.8 million displaced persons and ongoing humanitarian crisis, 8.3 million in need of humanitarian assistance according to the 2021 South Sudan Humanitarian Needs Overview, and the estimated 7.2 million that will face severe food insecurity by mid-2021, according to the December 2020 Integrated Food Security Phase Classification report, and commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population,

Strongly condemning all attacks against humanitarian personnel and facilities that resulted in the deaths of at least 124 personnel since December 2013, including the attack on the Terrain compound on 11 July 2016 and attacks against medical personnel and hospitals, noting with alarm the increasing trend of harassment and intimidation of humanitarian personnel, and recalling that attacks against humanitarian personnel and objects indispensable to the survival of the civilian population may amount to violations of international humanitarian law,

Strongly condemning all human rights violations and abuses and violations of international humanitarian law by all parties, including armed groups and national security forces, as well as the incitement to commit such abuses and violations, further condemning harassment, targeting, and censorship of civil society, humanitarian personnel and journalists, emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable, and that South Sudan’s government bears the primary responsibility to protect its populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, and expressing concern that despite the signing of the Revitalised Agreement, violations and abuses including rape and sexual violence continue to occur which may amount to international crimes, including war crimes and crimes against humanity,

Expressing grave concern regarding the reports on the human rights situation in South Sudan issued by UNMISS and the Secretary-General, further expressing grave concern that according to the AU Commission of Inquiry report on South Sudan, released on 27 October 2015, and the reports of the Commission on Human Rights in South Sudan, released on 23 February 2018, 20 February 2019, 20 February 2020, and 19 February 2021 war crimes and crimes against humanity may have been committed, emphasizing its expectation that these and other credible reports will be duly considered by any transitional justice mechanisms for South Sudan including those established pursuant to the Revitalised Agreement, stressing the importance of collection and preservation of evidence for eventual use by the Hybrid Court for South Sudan and other accountability mechanisms, and encouraging efforts in this regard,

Reiterating the urgent need to end impunity in South Sudan and to bring to justice all those responsible for violations of international humanitarian law and violations and abuses of human rights, stressing the importance of transitional justice measures, including those in the Revitalised Agreement, to end impunity and promote accountability, facilitate national reconciliation and healing, and ensure a sustainable peace, as recognized by Chapter V in the Revitalised Agreement, and in this regard, recognizing the operationalization of a Gender-Based Violence and Juvenile Court by the Judiciary of South Sudan, further recognizing the steps taken by the African Union to establish the Hybrid Court for South Sudan, as well as the work done to date by the UN, and acknowledging the approval by the Government of South Sudan (GoSS) to establish transitional justice mechanisms, including the Hybrid Court for South Sudan,

Strongly condemning the continued obstruction of UNMISS by the GoSS and opposition groups, including restrictions on freedom of movement, assault of UNMISS personnel, and constraints on mission operations, including restrictions on patrols and UNMISS efforts to, inter alia, monitor human rights conditions, many of which were reported by the Secretary-General as violations of the Status of Forces Agreement (SOFA) by the GoSS, and recalling that, according to the SOFA, UNMISS, as well as its contractors, shall enjoy full and unrestricted freedom of movement without delay throughout South Sudan by the most direct route possible without the need for travel permits or prior authorization or notification, and the right to import equipment, provisions, supplies, fuel, materials, and other goods free of duty, taxes, fees and charges and free of other prohibitions and restrictions,

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,

Noting the measures adopted by the Security Council in resolution 2428 (2018)and renewed in 2471 (2019), and 2521 (2020), recalling 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, further recalling its willingness to impose targeted sanctions, and stressing the critical importance of effective implementation of the sanctions regime, including its travel ban measures, and the key role that neighboring states, as well as regional and subregional organizations, can play in this regard, encouraging efforts to further enhance cooperation, and reiterating its readiness to consider adjusting measures, including through modifying, suspending, lifting or strengthening measures to respond to the situation,

Emphasizing that persistent barriers to full implementation of resolution 1325 (2000), and subsequent resolutions addressing women, peace, and security, including resolution 2242 (2015), will only be dismantled through dedicated commitment to women’s empowerment, participation, and human rights, concerted leadership, consistent information and action, and support, to build women’s full, equal, and meaningful participation in all levels of decision-making,

Acknowledging the significance of the GoSS’s ratification of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, and welcoming the signature of the Comprehensive Action Plan to End and Prevent All Grave Violations Against Children by the GoSS,

Expressing ongoing concern on the severe restriction of freedoms of opinion, expression, and association, acknowledging the important role of those who protect and promote human rights, civil society organizations, journalists and other media workers in the promotion and protection of the right to freedom of opinion and expression and, in this context, expressing deep concern that violations and abuses of the right to freedom of opinion and expression continue to occur, and condemning the use of media to broadcast hate speech and transmit messages instigating violence against a particular ethnic group, a practice that has the potential to lead to widespread violence and exacerbate armed conflict,

Expressing serious concern about the dire situation of persons with disabilities in South Sudan, including abandonment, violence, and lack of access to basic services, and emphasizing the need to ensure that the particular needs of persons with disabilities are addressed in the humanitarian response,

Recognizing the adverse effects of climate change, ecological changes, and natural disasters, among other factors, on the humanitarian situation and stability in South Sudan, and emphasizing the need for comprehensive risk assessments and risk management strategies by the GoSS and the UN to inform programs relating to these factors,

Commending the work of UNMISS, and expressing its deep appreciation for the actions taken by UNMISS peacekeepers and troop- and police-contributing countries in implementing the UNMISS mandate in a challenging environment, including in protecting civilians, including foreign nationals, under threat of physical violence and to stabilize the security situation within and beyond UNMISS sites, and further expressing deep appreciation for UNMISS personnel for their extraordinary efforts in the face of the COVID-19 pandemic and its consequences,

Welcoming the commitment of the Secretary-General to enforce strictly his zero-tolerance policy on sexual exploitation and abuse, noting the various measures taken by UNMISS and troop- and police-contributing countries to combat sexual exploitation and abuse, but still expressing grave concern over allegations of sexual exploitation and abuse reportedly committed by peacekeepers in South Sudan,

Strongly condemning the attacks by government and opposition forces and other groups on United Nations and IGAD personnel and facilities, the February 2016 attack on the Malakal protection of civilians site, the July 2016 attack on the Juba protection of civilians site, and the Terrain Compound attack, 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 the Sudan People’s Liberation Army (SPLA), and deaths of three United Nations-affiliated national staff and one national contractor in Upper Nile State, and the December 2018 detention and abuse of the CTSAMVM team by GoSS officials, and calling upon the GoSS to complete its investigations of these attacks in a swift and thorough manner and to hold those responsible to account,

Taking note of the findings of the independent strategic review of UNMISS (S/2020/1224),

Taking note of the Report of the Secretary-General of 23 February 2021 (S/2021/172),

Expressing appreciation for the work of Special Representative of the Secretary General for South Sudan and the Head of UNMISS Mr. David Shearer to advance peace, security, and development in South Sudan, and welcoming the Secretary-General’s appointment of his successor, Mr. Nicholas Haysom,

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 on 12 March 2021.