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Resolution 2104

Sudan/South Sudan

Abstract

S/RES/2104 (2013)
Security Council Distr.: General
29 May 2013
13-34909 (E)
*1334909*
Resolution 2104 (2013)
Adopted by the Security Council at its 6970th meeting,
on 29 May 2013
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), as well as presidential
statement S/PRST/2012/19, and the Council’s press statements of 18 June 2012,
21 September 2012, 28 September 2012, and 6 May 2013,
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, 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,
Reaffirming its previous resolutions 1265 (1999), 1296 (2000), 1674 (2006)
1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, 1612
(2005), 1882 (2009), 1998 (2011), and 2068 (2012) on children and armed conflict,
1502 (2003) on the protection of humanitarian and United Nations personnel, and
1325 (2000), 1820 (2008), 1888 (2009), and 1889 (2009) and 1960 (2010) on
women peace and security,
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
Southern Sudan on Border Security and the Joint Political and Security Mechanism,
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
Joint Political and Security Mechanism’s March 8 decision, and the Implementation
Matrix of 12 March 2013, reached by the Government of Sudan and the Government S/RES/2104 (2013)
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of South Sudan in Addis Ababa under the auspices of the AU High-Level
Implementation Panel (AUHIP),
Emphasizing the importance of the full participation of women in the
implementation of agreements and in the prevention and resolution of conflict and
peacebuilding more broadly,
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, recalling in this regard the AU Peace and Security
Council Communiqués of 24 April 2012, 24 October 2012, 25 January 2013 and 7 May
2013, expressing its determination 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, and calling upon all parties to engage constructively in
the process mediated by the AU High-level Implementation Panel (AUHIP) toward final
agreement of Abyei status,
Welcoming the efforts by the Government of Sudan and the Government of
South Sudan to demilitarize the Safe Demilitarized Border Zone, including the
“14 Mile Area,” and to implement the Joint Border Verification and Monitoring
Mechanism (JBVMM), in accordance with Council resolution 2046 and the AU
Peace and Security Council Roadmap of 24 April 2012,
Underlining the importance of establishing and maintaining effective JBVMM
monitoring of the Safe Demilitarized Border Zone, including the “14 Mile Area,”
Stressing that both countries will have much to gain if they show restraint and
choose the path of dialogue instead of resorting to violence or provocations,
Welcoming the meetings of President Bashir and President Kiir in Addis Ababa
on January 5 and 25 and in Juba on 12 April,
Commending the continued assistance provided to the parties by 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 Development, Ethiopian Prime Minister
Hailemariam Desalegn, 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 Major General Yohannes Tesfamariam,
Commending the efforts of UNISFA in carrying out its mandate, including by
its ongoing facilitation of peaceful migration throughout the Abyei Area and
expressing its deep appreciation for the work of the troop contributing countries,
Encouraged by the improvements in security and stability in Abyei Area since
the deployment of UNISFA, and determined to prevent the recurrence of violence
against or displacements of civilians and to avert inter-communal conflict,
Noting with concern the rise of inter-communal violence in the Abyei Area,
Emphasizing the importance of all parties refraining from any politically
motivated unilateral action to aggravate inter-communal relations within Abyei
Area, S/RES/2104 (2013)
13-34909 3
Deeply concerned by delays in the establishment of the Abyei Area
Administration, Council and Police, which are essential to maintain law and order
and prevent inter-communal conflict in Abyei,
Noting the lack of progress in establishing the Abyei Police Service, including
a special unit to deal with particular issues related to nomadic migration,
Bearing in mind the importance of coherence of United Nations assistance in
the region,
Welcoming and encouraging efforts by the United Nations to sensitize
peacekeeping personnel in the prevention and control of HIV/AIDS and other
communicable diseases in all of its peacekeeping operations,
Stressing the need for effective human rights monitoring, including of any
sexual and gender-based violence or violations and abuses committed against
children, and reiterating its concern at the lack of cooperation by the parties with the
Secretary-General to this end,
Stressing the urgency of facilitating the delivery of humanitarian assistance to
all affected communities in the Abyei area,
Affirming the importance of voluntary, safe, orderly 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 take measures as necessary to ensure security in the
Abyei Area in accordance with its mandate,
Recognizing the deleterious impact of the proliferation of arms, on the security
of civilians,
Concerned with 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 and safe migration,
Recognizing that the current situation in Abyei and along the border between
Sudan and South Sudan continues to constitute a serious threat to international
peace and security,
Welcoming the steps taken by UNISFA towards the effective implementation of
its mandate, including, inter alia, through conflict prevention, mediation and
deterrence,
1. Decides to extend until 30 November 2013 the mandate of the United
Nations Interim Security Force for Abyei (UNISFA) as set out in paragraph 2 of
resolution 1990 (2011) and modified by resolution 2024 (2011) and paragraph 1 of
resolution 2075 (2012), and acting under Chapter VII of the Charter of the United
Nations, further decides to extend until 30 November 2013 the mandate of UNISFA
as set out in paragraph 3 of resolution 1990, and determines that for the purposes of
paragraph 1 of resolution 2024 (2011), support to the operational activities of the
JBVMM shall include support to the Ad Hoc Committees, as appropriate when so
requested by consensual decisions of these mechanisms, within UNISFA’s
operational area and existing capabilities;
2. Decides to increase the authorized troop ceiling for UNISFA to 5,326 as
requested by the parties through the Joint Political and Security Mechanism decision S/RES/2104 (2013)
4 13-34909
of 8 March and further recommended by the Secretary-General in his report of
28 March (S/2013/198) to enable UNISFA to support fully the JBVMM;
3. Welcomes the establishment and commencement of effective operations
of the JBVMM, and calls on the Government of Sudan and the Government of
South Sudan to make timely and effective use of the JBVMM, JPSM, and other
agreed joint mechanisms to ensure the security and transparency of the SDBZ,
including the 14 Mile Area;
4. Underscores that UNISFA’s protection of civilians mandate as set out in
paragraph 3 of resolution 1990 (2011) includes taking the necessary actions to
protect civilians under imminent threat of physical violence, irrespective of the
source of such violence,
5. Welcomes the redeployment of Sudanese military and South Sudanese
military and police personnel from the Abyei Area in compliance with resolution
2046, and demands that the Government of Sudan redeploy the oil police in Diffra
from the Abyei Area immediately and without preconditions, and reiterates, in
accordance with relevant resolutions, in particular resolution 1990 and resolution
2046, that the Abyei Area shall be demilitarized from any forces, as well as armed
elements of the local communities, other than UNISFA and the Abyei Police
Service;
6. Reiterates its demand that Sudan and South Sudan urgently finalize the
establishment of the Abyei Area Administration and Council, including by resolving
the deadlock over the composition of the Council, and constitute the Abyei Police
Service, to enable it to take over policing functions throughout the Abyei Area,
including the protection of oil infrastructure, in accordance with their commitments
in the 20 June 2011 Agreement;
7. Urges Sudan and South Sudan to make regular use of the Abyei Joint
Oversight Committee to ensure steady progress on the implementation of the
20 June 2011 Agreement, including the implementation of the AJOC decisions;
8. Welcomes the Abyei Joint Oversight Committee’s May 3 decision
reiterating Abyei’s status as a weapons-free area, underscores the AU Peace and
Security Council’s concern in its 7 May 2013 Communiqué over reports that various
communities living in Abyei are heavily armed, recalls that the June 20, 2011
Agreement on Temporary Arrangements for the Administration and Security of the
Abyei Area stipulates that Abyei should be a weapons-free area and that only
UNISFA is authorized to carry weapons inside the area, and likewise urges the two
governments to take all necessary steps to ensure that Abyei is effectively
demilitarized, including through disarmament programs as necessary;
9. Urges the two governments immediately to take steps to implement
confidence-building measures among the respective communities in Abyei Area,
including through reconciliation processes at the grass roots level, and further urges
all Abyei communities to exercise maximum restraint in all their engagements and
to desist from inflammatory acts or statements that may lead to violent clashes;
10. Requests UNISFA to continue its dialogue with the Abyei Joint Oversight
Committee and with the Misseriya and Ngok Dinka communities on effective strategies
and oversight mechanisms for ensuring full compliance by all relevant parties with
Abyei’s status as a weapons-free area, with a particular priority placed on the urgent S/RES/2104 (2013)
13-34909 5
elimination of heavy or crew-served weapons, as well as rocket-propelled grenades, and
calls upon the governments of Sudan and South Sudan, the AJOC, and the Misseriya
and Ngok Dinka communities to extend full cooperation to UNISFA in this regard;
11. Expresses its intention to review as appropriate the mandate of UNISFA
for possible reconfiguration of the mission in light of the compliance by Sudan and
South Sudan with the decisions set forth in resolution 2046 and their commitments
as set forth in the Agreements of June 20, June 29, July 30, 2011, and September 27,
2012, including the redeployment of all forces from the Safe Demilitarized Border
Zone, achieving full operational capability for the Joint Border Verification and
Monitoring Mechanism, and the Ad Hoc Committees, as well as completing the full
demilitarization of the Abyei Area;
12. Requests the Secretary-General to conduct a review of UNISFA’s
configuration, an assessment of the relevant risks and threats, and the force posture
and troop ceiling required for implementation of its mandate, and requests the
Secretary-General to include this assessment as an annex to the Secretary-General’s
regular report scheduled 120 days after the adoption of this resolution;
13. Calls on all Member States, in particular Sudan and South Sudan, to
ensure the free, unhindered and expeditious movement to and from Abyei and
throughout the Safe Demilitarized Border Zone of all personnel, as well as
equipment, provisions, supplies and other goods, including vehicles, aircraft, and
spare parts, which are for the exclusive and official use of UNISFA;
14. Renews its call on Sudan and South Sudan to provide full support to the
United Nations, including by promptly issuing visas to military, police and civilian
UN personnel, including humanitarian personnel, without prejudice to their
nationality, facilitating basing arrangements and flight clearances, and providing
logistical support, and welcomes in this regard the signing of the Status of Forces
Agreements by Sudan on 1 October 2012, and by South Sudan on 20 November
2012;
15. Recognizes the importance of the difficult living conditions affecting
UNISFA peacekeeping personnel, notes the action being taken to address this
situation, and urges the Secretary-General to continue to take the measures available
to him to remediate this situation and better enable UNISFA to implement its
mandate;
16. Demands that the Government of Sudan and the Government of South
Sudan continue to facilitate the deployment of the United Nations Mine Action
Service to ensure JBVMM freedom of movement as well as the identification and
clearance of mines in the Abyei Area and SDBZ;
17. Demands that all parties involved provide humanitarian personnel with
full, safe and unhindered access to civilians in need of assistance and all necessary
facilities for their operations, in accordance with international law, including
applicable international humanitarian law, and guiding principles of humanitarian
assistance;
18. Requests the Secretary-General to ensure that effective human rights
monitoring is carried out, and the results included in his reports to the Council, and
reiterates its call upon the Government of Sudan and the Government of South S/RES/2104 (2013)
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Sudan to extend their full cooperation to the Secretary-General to this end, including
by issuing visas to the concerned UN personnel;
19. Requests the Secretary-General to take the necessary measures to ensure
full compliance of UNISFA with the United Nations zero tolerance policy on sexual
exploitation and abuses and to keep the Council informed if cases of such conduct
occur;
20. Stresses that improved cooperation between the Government of Sudan
and Government of South Sudan is also critical for peace, security and stability and
the future relations between them;
21. Requests the Secretary-General to continue to inform the Council of
progress in implementing UNISFA’s mandate in 60 day intervals, and continue to
bring to the Council’s immediate attention any serious violations of the above
referenced agreements;
22. Notes the Secretary-General’s efforts to ensure close cooperation among
UN missions in the region, including UNISFA, UNMISS, and UNAMID, as well as
his Special Envoy for Sudan and South Sudan, and requests him to continue this
practice;
23. Decides to remain actively seized of this matter.

Topics
Sudan, South, Sudan
Year
2013
Title
Sudan/South Sudan
Related with resolutions
1265 1296 1325 1502 1612 1674 1738 1820 1882 1888 1889 1894 1960 1990 1998 2024 2032 2046 2047 2068 2075
Quoted in resolutions
2126 2156 2179 2205 2230 2251 2287 2318 2352 2386
Security Council Composition
CHN FRA RUS GBR USA ARG AUS AZE GTM KOR LUX MAR PAK RWA TGO