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Resolution 2046

Reports of the Secretary-General on the Sudan

Abstract

S/RES/2046 (2012)
Security Council Distr.: General
2 May 2012
12-32777 (E)
*1232777*
Resolution 2046 (2012)
Adopted by the Security Council at its 6764th meeting, on
2 May 2012
The Security Council,
Recalling its previous resolutions and statements on the situation in Sudan and
South Sudan, in particular resolutions 1990 (2011), 2024 (2011) and 2032 (2011),
and its Presidential Statements of 6 March 2012 and 12 April 2012, and further
recalling the priority it attaches to the full and urgent advancement of all
outstanding issues from the Comprehensive Peace Agreement,
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 United Nations Charter,
Noting paragraph 7 of the 24 April 2012 decision of the Peace and Security
Council of the African Union at its 319th meeting, and 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,
Recalling the importance of the principles of the peaceful settlement of
international disputes, good neighbourliness, non-interference and regional
cooperation,
Deeply committed to seeing Sudan and South Sudan become two economically
prosperous states living side-by-side in peace, security, and stability, and
underlining the importance of building mutual trust, confidence and an environment
conducive to long-term stability and economic development,
Condemning the repeated incidents of cross-border violence between Sudan
and South Sudan, including troop movements, the seizure and occupation of Heglig,
support to proxy forces, and Sudanese Armed Forces aerial bombardments,
Condemning actions by any armed group aimed at the forced overthrow of the
government of either Sudan or South Sudan,
Expressing deep concern at the humanitarian situation created by the fighting
between Sudan and South Sudan, and the continued fighting in the states of
Southern Kordofan and Blue Nile, in Sudan,
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Strongly condemning all acts of violence committed against civilians in
violation of international humanitarian law and human rights law,
Welcoming the withdrawal from Heglig of the army of South Sudan and
calling for the immediate cessation of aerial bombardments by the Sudanese Armed
Forces against South Sudan,
Strongly condemning the violations of human rights of non-combatants in the
affected area, the damage to economic infrastructure, in particular oil installations,
and all inflammatory statements, which result in mutual demonization and the threat
of hostile action by extremist elements, including xenophobic attacks,
Calling for an impartial fact finding effort to assess the losses and economic
and humanitarian damage, including to oil facilities and other key infrastructure, in
and around Heglig,
Expressing deep concern at the fate of the nationals of both countries resident
in each other’s territory, following the end of the transition period that occurred on
8 April 2012,
Recalling the June 29, 2011 Agreement Between the Government of the Sudan
and the Government of Southern Sudan on Border Security and the Joint Political
and Security Mechanism, taking note of the commitment in Paragraph 2 to create a
safe demilitarized border zone (SDBZ), and the July 30, 2011 Agreement on the
Border Monitoring Support Mission Between the Government of Sudan and the
Government of South Sudan, which elaborates on the establishment of a Joint
Border Verification and Monitoring Mechanism (JBVMM) with an area of
responsibility corresponding to the SDBZ, and a Joint Political and Security
Mechanism (JPSM),
Recognizing the urgent need for Sudan and South Sudan to commence the
process of border demilitarization,
Deploring the failure of Sudan and South Sudan security forces to redeploy
from the Abyei Area in accordance with their Agreement of June 20, 2011 and
resolution 1990 (2011),
Convinced that there can be no military solution to the conflict in Southern
Kordofan and Blue Nile, and stressing the urgent need for a political and negotiated
solution, based on respect for diversity in unity,
Reaffirming its previous resolutions 1674 (2006) and 1894 (2009) on the
protection of civilians in armed conflict, 1612 (2006), 1882 (2009), and 1998 (2011)
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)
and 1960 (2010) on women, peace and security,
Welcoming the continuing efforts of the African Union to support Sudan and
South Sudan in addressing the legacy of conflict and bitterness in Sudan, notably
through the conclusion of the January 2005 Comprehensive Peace Agreement
(CPA), its implementation, in particular the holding of the referendum on selfdetermination
of South Sudan, and the negotiations on post-secession relations,
Commending the efforts of the AU High-level Implementation Panel, including
its Chairman President Thabo Mbeki, former Presidents Abdulsalami Abubakar and
Pierre Buyoya, the Chairperson of the Intergovernmental Authority on
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Development, Ethiopian Prime Minister Meles Zenawi, the Special Envoy of the
Secretary-General for Sudan and South Sudan, Haile Menkerios, and the United
Nations Interim Security Force for Abyei (UNISFA) under the leadership of
Lieutenant General Tesfay Tadesse,
Expressing its full support for the 24 April 2012 decision of the Peace and
Security Council of the African Union at its 319th meeting 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, including, in particular the Roadmap outlined in
that decision,
Determining that the prevailing situation along the border between Sudan and
South Sudan constitutes a serious threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that Sudan and South Sudan shall take the following actions
with immediate effect unless otherwise specified below:
(i) Immediately cease all hostilities, including aerial bombardments, with
the parties formally conveying their commitment in this respect to the
Chairperson of the African Union Commission and the President of the
Security Council not later than 48 hours from the adoption of this resolution;
(ii) Unconditionally withdraw all of their armed forces to their side of the
border, in accordance with previously adopted Agreements, including the
Agreement on the Border Monitoring Support Mission of 30 July 2011;
(iii) Activate, within no more than a week of the adoption of this resolution,
the necessary border security mechanisms, namely the Joint Border
Verification and Monitoring Mechanism (JBVMM) and the Safe Demilitarized
Border Zone (SDBZ), in accordance with the administrative and security map
presented to the Parties by the AUHIP in November 2011, it being understood
that this map in no way prejudices ongoing negotiations on the disputed areas
and demarcation of the border;
(iv) Cease the harbouring of, or support to, rebel groups against the other
State;
(v) Activate the ad hoc Committee, under the Joint Political and Security
Mechanism, to receive and investigate complaints and allegations made by one
party against the other;
(vi) Immediately cease hostile propaganda and inflammatory statements in
the media, as well as any attacks against the property, religious and cultural
symbols belonging to the nationals of the other State, with the two
governments assuming full responsibility for the protection of each other’s
nationals in line with international principles, consistent with the Framework
Agreement on the Status of Nationals of the Other State and Related Matters
initialled in March 2012;
(vii) Implement pending aspects of the 20 June 2011 Agreement on Temporary
Security and Administrative Arrangements for the Abyei Area, in particular the
redeployment, within no more than two weeks of the adoption of this
resolution, of all Sudanese and South Sudanese forces out of the Abyei Area;
S/RES/2046 (2012)
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2. Decides that Sudan and South Sudan shall unconditionally resume
negotiations, under the auspices of the AUHIP and with the support of the Chairman
of IGAD, at a time to be set by the AUHIP in consultation with relevant
international partners, but within no more than two weeks from the time of adoption
of this resolution, to reach agreement on the following critical issues:
(i) Arrangements concerning oil and associated payments;
(ii) The status of nationals of one country resident in the other, consistent
with the Framework Agreement on the Status of Nationals of the Other State
and Related Matters initialled in March 2012;
(iii) Resolution of the status of the disputed and claimed border areas and the
demarcation of the border; and
(iv) The final status of the Abyei Area;
3. Decides that the Government of Sudan and the SPLM-North shall extend
full cooperation to the AUHIP and the Chair of IGAD, to reach a negotiated
settlement on the basis of the June 28, 2011 Framework Agreement on Political
Partnership between NCP and SPLM-N and Political and Security Arrangements in
Blue Nile and Southern Kordofan States;
4. Strongly urges Sudan and the SPLM-N to accept the tripartite proposal
submitted by the African Union, the United Nations and the League of Arab States,
to permit humanitarian access to the affected population in the two areas, ensuring
in accordance with applicable international law, including applicable international
humanitarian law, and guiding principles of emergency humanitarian assistance, the
safe, unhindered and immediate access of United Nations and other humanitarian
personnel, as well as the delivery of supplies and equipment, in order to allow such
personnel to efficiently perform their task of assisting the conflict-affected civilian
population;
5. Decides that the negotiations referred to in paragraph 2 above shall be
concluded within three months of the adoption of this resolution, and in the event
these negotiations fail to result in an agreement on any or all of the issues within the
allotted timeframe of three months, requests the Secretary-General, in consultation
with the AUHIP, the Chair of IGAD, and the Chairman of the AU Commission, to
report within four months of the date of this resolution to the Security Council on
the status of the negotiations, including detailed proposals on all outstanding issues;
6. Requests the Secretary-General to consult with the African Union on the
implementation of this resolution and the decisions of the AU PSC, to work closely
with the AUHIP in support of its facilitation efforts, and to inform the Security
Council within 15 days and in two week intervals thereafter on the status of
compliance by Sudan, South Sudan, and the SPLM-N with the decisions set forth in
this resolution, and expresses its intention, in the event that any or all of the parties
have not complied with the decisions set forth in this resolution, to take appropriate
additional measures under Article 41 of the Charter as necessary;
7. Calls upon all parties to promote and protect human rights, including
those of women and people belonging to vulnerable groups, to comply with their
obligations under international law, including international humanitarian and
international human rights law, and calls for those responsible for serious violations
of such law, including sexual violence, to be held accountable;
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8. Commends the efforts by UNISFA in carrying out its mandate, expresses
its deep appreciation for the work of the Force Commander and the troopcontributing
countries, and expresses its intention to evaluate the mandate of
UNISFA in the context of compliance by Sudan and South Sudan with the decisions
set forth in this resolution, and with the fulfilment of their commitments as set out
in the June 20, June 29, and July 30, 2011 Agreements;
9. Stresses the importance of, and the need to restore, a comprehensive, just
and lasting peace between Sudan and South Sudan;
10. Decides to remain actively seized of this matter.

Topics
Sudan, South, Sudan
Year
2012
Title
Reports of the Secretary-General on the Sudan
Related with resolutions
1325 1502 1612 1674 1820 1882 1888 1889 1894 1960 1990 1998 2024 2032
Quoted in resolutions
2047 2057 2075 2104 2126 2132 2155 2156 2179 2187 2205 2223 2230 2241 2251 2252 2287 2302 2304 2318 2326 2327 2352 2386 2392
Security Council Composition
CHN FRA RUS GBR USA AZE COL DEU GTM IND MAR PAK PRT TGO ZAF