UNSCR Search engine for the United Nations Security Council Resolutions

Abstract

S/RES/2363 (2017)
Security Council Distr.: General 29 June 2017
Resolution 2363 (2017)
Adopted by the Security Council at its 7989th meeting, on 29 June 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
S/RES/2363 (2017)
17-10875 2 /15
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 genderbased 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
S/RES/2363 (2017)
3/15 17 -10875
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
S/RES/2363 (2017)
17-10875 4 /15
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
S/RES/2363 (2017)
5/15 17 -10875
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, 1. Decides to extend until 30 June 2018 the mandate of UNAMID; 2. Takes note of the recommendations of the Secretary-General and the Chairperson of the African Commission in the Special Report, supports the recommendation for a two-pronged approach, which focuses on military protection, explosive remnants of war clearance and emergency relief in the Jebel Marra area and, in other areas of Darfur where there has not been recent fighting, an approach that focuses on stabilising the situation, supporting the police and helping to build rule of law institutions whilst continuing to protect civilians, mediating intercommunal conflict and following up on security sector reform-related issues as provided in the DDPD and guided by the African Union Security Sector Reform Framework, and the implementation of the DDPD; 3. Underlines the need to keep the situation in all areas of Darfur under review, to conduct regular reviews of the geographic deployment of UNAMID’s force and to maintain the flexibility within UNAMID to respond to developments throughout Darfur as the situation requires; 4. Underlines that the reconfiguration of UNAMID has to be effectively mitigated by an improved ability to respond to threats quickly and adequately; 5. Decides that, in line with these recommendations, from the date of adoption of this resolution until six months thereafter (“phase one”), UNAMID’s authorised ceiling for troops and police shall be reduced to consist of up to 11,395
S/RES/2363 (2017)
17-10875 6 /15
military personnel, 2,888 police personnel including individual police officers and members of formed police units; 6. Requests the Secretary-General and the Chairperson of the African Commission, in consultation with UNAMID, to provide a written assessment by 1 January 2018 on the following: (i) progress in implementing phase one of the reconfiguration recommended in the Special Report; (ii) the impact of the phase one reductions on the areas that UNAMID has withdrawn from, including protection needs, violations and abuses of human rights and violations of international humanitarian law, and the ability for relief actors to provide humanitarian assistance; (iii) the Government of Sudan’s cooperation with UNAMID, including ensuring that UNAMID has unfettered freedom of movement and the ability to facilitate the delivery of humanitarian assistance throughout Darfur and the flexibility to open and close UNAMID operating bases, as necessary, including the establishment of a temporary operating base in Golo, and the ability for UNAMID’s mandated forces to return, without impediments or obstacles, to areas throughout Darfur, including to areas that it has withdrawn from; (iv) the removal of bureaucratic hindrances to UNAMID, including with regard to customs clearances and visas; (v) whether the conditions on the ground remain conducive to further reductions; 7. Decides, from 31 January 2018, to further reduce UNAMID’s troop and police ceiling, taking into account the recommendations in the Special Report (“phase two”), and that by 30 June 2018, UNAMID’s authorised ceiling for troops and police shall be reduced to consist of up to 8,735 military personnel and 2,500 police personnel including individual police officers and members of formed police units, unless the Security Council decides, taking into account the findings of the assessment requested in paragraph six of this Resolution, to adjust the scope and pace of the reduction; 8. Stresses that, in the context of the evolving security situation, any further refinement of the Mission should be based on progress against the benchmarks and the conditions on the ground, and implemented in a gradual, phased, flexible and reversible manner, and that a reduction in the uniformed component should preserve the hybrid nature of the Mission and should prioritise the retention of the highest performing contingents; 9. Welcomes the intention to conduct a comprehensive Civilian Staffing Review of UNAMID to ensure that staffing levels are adjusted to implement the revised mandate and underlines the need for appropriate staffing levels in accordance with the reconfiguration of UNAMID, including the increased focus on stabilising the situation in Darfur; 10. Reaffirms that UNAMID’s strategic priorities, as set out in resolution 2296 (2016) are: (a) The protection of civilians, the facilitation of humanitarian assistance and the safety and security of humanitarian personnel; (b) Mediation between the Government of Sudan and non-signatory armed movements on the basis of the DDPD, while taking into account ongoing democratic transformation at the national level;
S/RES/2363 (2017)
7/15 17 -10875
(c) Support for the mediation of inter-communal conflict, including through measures to address its root causes, in conjunction with the Government of Sudan, the United Nations Country Team and civil society; 11. Requests that UNAMID continue to align all its activity and direct the use of its resources to the achievement of these priorities, discontinue all other tasks not aligned to these priorities and continue to streamline the Mission accordingly, requests all components of the UNAMID Force, police and civilian components to work together in an integrated way, encourages UNAMID the United Nations Country Team and other United Nations entities operating in Darfur to strengthen integration and stresses the importance of the appropriate distribution of tasks and coordination between UNAMID and the United Nations Country Team; 12. Reaffirms that UNAMID must continue to give priority in decisions about the use of available capacity and resources to: (a) the protection of civilians across Darfur; and (b) ensuring safe, timely and unhindered humanitarian access, and the safety and security of humanitarian personnel and activities, in accordance with relevant provisions of international law and the United Nations guiding principles on humanitarian assistance; and requests UNAMID to maximise the use of its capabilities, in cooperation with the United Nations Country Team and other international and non-governmental actors, in the implementation of its missionwide comprehensive strategy for the achievement of these objectives; 13. Stresses the need for coordination and cooperation between the Government of Sudan, including local authorities, United Nations entities and development actors to work together, including to stabilize and improve the security situation and assist in restoration of State authority; 14. Decides, acting under Chapter VII, to extend the authorizations to take the necessary action set out in paragraph 15 of resolution 1769 (2007), as further elaborated in paragraph 15 of this resolution; and urges UNAMID to deter any threats against itself and its mandate; 15. Decides that the mandate of UNAMID will include the following tasks: (a) Protection of civilians, facilitation of humanitarian assistance and the safety and security of humanitarian personnel: (i) Without prejudice to the primary responsibility of the Sudanese authorities to protect civilians, to protect civilians across Darfur, including women and children, through, inter alia, continuing to move to a more preventative and pre-emptive posture in pursuit of its priorities and in active defence of its mandate; enhanced early warning; proactive military deployment and active and effective patrolling in areas at high risk of conflict and high concentration of IDPs; more prompt and effective responses to threats of violence against civilians, including through regular reviews of the geographic deployment of UNAMID’s force; securing IDP camps, adjacent areas and areas of return; (ii) To identify and report threats to and attacks against civilians and implement prevention and response plans and strengthen civil-military cooperation; (iii) To fully implement and deliver, in close consultation with humanitarian partners and other relevant partners, the Mission-wide protection of civilians strategy; (iv) To support, in coordination with the Government of Sudan, the capacitybuilding of the Government of Sudan police in Darfur, including the development and training of community policing, including on providing
S/RES/2363 (2017)
17-10875 8 /15
security in IDP camps and along migration routes, in accordance with international standards of human rights and accountability; (v) To monitor through proactive patrolling policing activities in camps for internally displaced persons; (vi) To provide technical mine-action advice and coordination and demining capacity in support of national institutions; (vii) To assist in the implementation of the provisions of the Darfur Peace Agreement, the DDPD and any subsequent agreements relating to human rights and the rule of law and to contribute to the creation of an environment conducive to respect for human rights, accountability, and the rule of law, in which all are ensured effective protection, including through monitoring and reporting on human rights, and support to institutional development, advocacy with the authorities and increased capacity building to strengthen transitional justice and human rights institutions, including the Special Court for Darfur, and through supporting the establishment of criminal justice institutions and rural courts through the provision of advice and logistical support in areas of Darfur that are key to the voluntary return of displaced populations to address land disputes and other inter-communal conflict drivers; (viii) Support the Government of Sudan and local government authorities in extending state authority throughout Darfur through the provision of technical and logistical support to local conflict resolution mechanisms, as a means to reduce inter-communal conflict, enhance accountability and create conditions conducive to voluntary return of displaced populations; (ix) To ensure an adequate human rights, child protection and gender presence, capacity, and expertise in Darfur in order to contribute to efforts to protect and promote human rights in Darfur, with particular attention to vulnerable groups; (x) To monitor, verify, and draw to the attention of the authorities abuses and violations of human rights, including those committed against women and children, and violations of international humanitarian law and enhanced, detailed, full and public reporting by the Secretary-General to the Security Council on this issue as part of his regular 60 day reports; (xi) To support the implementation of provisions included in the Darfur Peace Agreement, the DDPD and any subsequent agreements relating to upholding the rights of women and children; (xii) To facilitate the effective and unhindered provision of humanitarian assistance and full access to people in need; (xiii) To contribute to the creation of the necessary security conditions for the provision of humanitarian assistance and to facilitate the voluntary and sustainable return of refugees and IDPs to their homes, and support the Government in finding sustainable solution for the voluntary return of IDPs in line with international standards; (xiv) In the areas of its deployment and within its capabilities, to protect the hybrid operation’s personnel, facilities, installations and equipment, to ensure the security and freedom of movement of United Nations-African Union personnel and humanitarian workers;
S/RES/2363 (2017)
9/15 17 -10875
(b) Mediation between Government of Sudan and non-signatory armed movements: (i) To support the AU-HIP-led peace process in Sudan, in coordination and collaboration with the Special Envoy for Sudan and South Sudan, including the negotiations on cessation of hostilities and humanitarian access in Darfur; (ii) To support and monitor the implementation of the Darfur Peace Agreement, the DDPD and subsequent agreements; (iii) To advise on the complementary implementation of all peace agreements in Darfur, particularly with regard to the national provisions of those agreements, and compliance with the Interim National Constitution; (iv) To support the implementation of the Darfur Peace Agreement, the DDPD and any subsequent agreements, with particular focus on the provisions related to returns, internal dialogue, justice, reconciliation and land, within its capacities, including through the provision of technical assistance and logistical support to the residual bodies of the Darfur Regional Authority; (v) To assist in harnessing the capacity of women to participate in the peace process, including through political representation, economic empowerment and protection from gender-based violence; (c) Support to the mediation of inter-communal conflict including measures to address root causes: (i) To support the mediation of inter-communal conflict, including through supporting local conflict resolution mechanisms by working with the Government of Sudan, tribal and militia leaders, the United Nations Country Team and civil society, to develop an action plan on the prevention and resolution of inter-communal conflict in each state of Darfur, including resolving the underlying drivers of inter-communal conflict such as land, access to resources, migration issues and tribal rivalries; (ii) To support the implementation of a legal and institutional framework to address the root causes of conflict, including land issues, access to resources, migration issues and tribal rivalries, including with the involvement of paramilitary units and tribal militia; (iii) To assist all stakeholders and local government authorities, in particular in their efforts to transfer resources in an equitable manner from the federal Government to the Darfur states, and to implement reconstruction plans and existing and subsequent agreements on land use and compensation issues; (iv) To support the implementation of the Darfur Internal Dialogue and Consultation (DIDC), including through encouraging their inclusion in the constitutional review process; 16. Stresses the importance of adequate resourcing for the United Nations Country Team to provide support as highlighted in this resolution and encourages Member States and relevant organisations to consider providing the necessary voluntary funding; 17. Welcomes efforts to increase the effectiveness of UNAMID, and in this regard, underlines that UNAMID should ensure a higher degree of flexibility in its military deployments throughout Darfur and enhance the field presence of individual police officers and calls on the Secretary-General to ensure that Memoranda of Understanding (MoUs) and Statements of Unit Requirements (SURs) between UNAMID troop- and police-contributing countries and the United Nations reflect this need;
S/RES/2363 (2017)
17-10875 10 /15
18. Requests UNAMID to ensure that any support provided to non-United Nations security forces is provided in strict compliance with the Human Rights Due Diligence Policy on United Nations support to non-United Nations security forces (HRDDP), and requests the Secretary-General to include progress made in implementing the policy in his reports to the Security Council; 19. Urges close coordination among United Nations missions in the region, including UNAMID, the United Nations Interim Security Force for Abyei (UNISFA), the United Nations Mission in South Sudan (UNMISS), the United Nations Support Mission in Libya (UNSMIL) and the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic (MINUSCA), and requests the Secretary-General to ensure effective inter-mission cooperation;
Political Situation 20. Commends the efforts of the JSR to revitalise the peace process and to increase its inclusiveness, guided by the Framework for African Union and United Nations facilitation of the Darfur Peace Process, including through renewed engagement of the non-signatory movements; welcomes the JSR’s strengthened coordination with the AU-HIP and the United Nations Special Envoy for Sudan and South Sudan in synchronising their mediation efforts and in generating progress on direct negotiations between the Government of Sudan and the Darfur armed movements; 21. Welcomes that progress has been made in implementation of elements of the DDPD, including the accession of SLM-Second Revolution to the Document, the integration of former rebels into power structures of Sudan and the ongoing DIDC, but expresses concern at continuing delays in implementation overall, including provisions related to compensation and the creation of a conducive environment enabling the return of IDPs and refugees; urges the signatory parties to implement the DDPD in full, acknowledges the establishment of the Darfur Peace Follow Up Office in place of the Darfur Regional Authority and urges the Government and signatory parties to ensure that the institutions established under it are resourced and empowered to carry out their mandates; demands that the non-signatory armed movements refrain from impeding the implementation of the DDPD; and encourages UNAMID and the United Nations Country Team to continue to engage fully in support of implementation of the DDPD; 22. Takes note of the conclusion of the most recent phase of the National Dialogue in October 2016 and the formation of a new Government in May 2017, including the appointment of the First Vice-President as Prime Minister, encourages the Government of Sudan to support an environment that is conducive to the participation of the opposition in political processes, including the implementation of National Dialogue recommendations in an inclusive manner; 23. Emphasizes the importance of the work of the AU-HIP, encourages all parties to the conflict to engage constructively with the AU-HIP to implement the AU-HIP Roadmap in full and in this regard condemns the attitude of those who refuse to join the mediation process, including the Sudan Liberation Army Abdul Wahid (SLA/AW), urges the SLA/AW to join the peace process, without pre-conditions, in order to achieve a cessation of hostilities as a first step towards a comprehensive and sustainable peace agreement; expresses its intention to consider imposing additional measures against any party that impedes the peace process; 24. Reaffirms its support for a Darfur-based internal dialogue that takes place in an inclusive environment with full respect for the civil and political rights of participants, including the full and effective participation of women and IDPs;
S/RES/2363 (2017)
11/15 17 -10875
25. Calls for an urgent end to inter-communal conflict, criminality and banditry that affect civilians, acknowledges efforts of Sudanese authorities and local mediators to mediate in inter-communal conflict; further calls for reconciliation and dialogue, underlines the need for sustainable solutions to the root causes of inter-communal conflict, and welcomes UNAMID’s intention to intensify its efforts to support the mediation of inter-communal conflict within the framework of its mandate and strategic priorities;
Security 26. Demands that all parties to the conflict in Darfur immediately cease all acts of violence, and commit themselves to a sustained and permanent ceasefire, in order to bring a stable and durable peace to the region; 27. Demands that the parties to the conflict immediately cease all acts of sexual and gender-based violence and make and implement specific and time-bound commitments to combat sexual violence, in accordance with resolution 2106 (2013); urges the Government of Sudan, with the support of the United Nations and the African Union, to develop a structured framework through which conflict related sexual violence will be comprehensively addressed, to cooperate with UNAMID to enable comprehensive reporting of and response to incidents of sexual and gender based violence, allow access for service provision for sexual violence survivors and hold perpetrators accountable; requests UNAMID to strengthen its reporting on sexual and gender-based violence and actions taken to combat it, including through the swift deployment of Women Protection Advisers; requests the Secretary-General to ensure that the relevant provisions of resolutions 1325 (2000), 2242 (2015), and subsequent resolutions on women, peace and security, are implemented, including supporting the full and effective participation of women during all stages of peace processes, particularly in conflict resolution, post-conflict planning and peacebuilding, including women’s civil society organisations, and to include information on this in his reporting to the Council; further requests UNAMID to monitor and assess the implementation of these tasks and requests the SecretaryGeneral to include information on this in his reporting to the Council; 28. Demands that the parties to the conflict immediately cease all violations and abuses against children and that the Government of Sudan hold perpetrators accountable; welcomes the adoption and the progress made in the implementation of the Action Plan for the Protection of Children from violations in armed conflict, to inter alia end child recruitment and use in its armed and security forces, signed by the Government of Sudan in March 2016, and urges SLA/MM and JEM/Gibril to expedite the implementation of their respective Action Plans to end child recruitment and use in full, urges all parties to the conflict to implement the conclusions on Children and Armed Conflict agreed by the Security Council Working Group on Armed Conflict, adopted on 22 June 2017; and requests the Secretary-General to ensure: (a) continued monitoring and reporting of the situation of children in Darfur including through the deployment of Child Protection Advisers and requests the Secretary-General to include information on this in his reporting to the Council; and (b) continued dialogue with the parties to the conflict towards the development and implementation of the aforementioned action plans, in accordance with resolution 1612 (2005) and subsequent resolutions on children and armed conflict; 29. Strongly condemns all killings resulting from inter-communal conflicts and other attacks against civilians, recognises that local/traditional dispute mechanisms have their limitations in addressing serious criminal and human rights
S/RES/2363 (2017)
17-10875 12 /15
abuses resulting from inter-communal conflicts and violence such as mass killings, injuries, destruction of property and livelihoods, and notes the recurrent nature of these inter-communal conflicts and the threat to civilian protection, peace and stability, urges the Government of Sudan, with the support of UNAMID and the United Nations Country Team, to address the ongoing impunity through ensuring accountability for human rights abuses and violations in situations of intercommunal conflicts in Darfur as well as attacks perpetrated by militias; 30. Expresses deep concern over the proliferation of arms, in particular small arms and light weapons and the use of such arms against civilians, including by militia, requests UNAMID to continue to cooperate in this context with the Panel of Experts established by resolution 1591 (2005) in order to facilitate their work, and encourages UNAMID to continue to provide technical and logistical assistance to the Sudan DDR Commission and urges the Government of Sudan to conduct a genuine and comprehensive disarmament process, in full cooperation with UNAMID;
Humanitarian situation and displacement 31. Condemns all violations of international humanitarian law and violations and abuses of human rights, including those involving any form of sexual and gender-based violence, in particular the deliberate targeting of civilians, indiscriminate or disproportionate attacks; and demands that all parties in Darfur immediately end attacks targeting civilians, peacekeepers and humanitarian personnel, and comply with their obligations under international human rights law and international humanitarian law as applicable and that the Government of Sudan hold perpetrators accountable; 32. Expresses serious concern at the ongoing humanitarian crisis in Darfur, and at the threats to and attacks on humanitarian personnel and facilities; acknowledges improvements in humanitarian access resulting by the Directives issued by the Humanitarian Aid Commission in December 2016 but expresses concern that these are not being implemented in full; welcomes that humanitarian organisations have been able to expand support to new populations, and expresses concern that access to some conflict areas where vulnerable populations reside remains restricted, that some conflict areas are inaccessible, and at ongoing restrictions on humanitarian access in some parts of Darfur due to insecurity, acts of criminality, movement restrictions by Government forces, militia groups, and armed movements, attacks against humanitarian workers, denial of access by the parties to the conflict and bureaucratic impediments imposed by the Government of Sudan; 33. Expresses concern over the insufficient availability of funding for humanitarian actors; stresses the need for the timely issuing of visas and travel permits for humanitarian organisations, the rapid processing of technical agreements and reduced restrictions on recruitment and employment of personnel and the selection of partners; and demands that the Government of Sudan, all militia groups, including auxiliary units of the Government of Sudan forces, armed movements and all other stakeholders ensure the safe, timely and unhindered access of humanitarian organisations and relief personnel, and the delivery of humanitarian assistance to populations in need throughout Darfur, in accordance with the relevant provisions of international law and United Nations guiding principles of humanitarian assistance, including humanity, impartiality, neutrality and independence; 34. Condemns increased human rights violations and abuses in, and relating to, Darfur, including those involving extrajudicial killings, the excessive use of force, abduction of civilians, acts of sexual and gender-based violence, violations and abuses against children, and arbitrary arrests and detentions; calls on the
S/RES/2363 (2017)
13/15 17 -10875
Government of Sudan to investigate allegations of such violations and abuses and bring those responsible to justice; expresses deep concern about the situation of all those so detained, including civil society members, IDPs and a UNAMID human rights monitor; emphasizes the importance of ensuring, within its current mandate, UNAMID’s and other relevant organisations’ ability to monitor such cases and in this regard urges the Government of Sudan to extend full cooperation to UNAMID towards fulfilment of this goal and to provide accountability and access to justice for victims; calls on the Government of Sudan fully to respect its obligations, including by fulfilling its commitment to lift the state of emergency in Darfur, releasing all political prisoners, ensuring free expression and ensuring UNAMID monitors’ access and freedom of movement, including by refraining from arresting and detaining UNAMID staff; 35. Notes the Government of Sudan’s stated desire to see the displaced return to their areas of origin or resettle in their current areas of displacement; stresses that any returns should be safe, voluntary and in accordance with applicable international law; and further stresses the importance of achieving dignified and durable solutions for refugees and IDPs, and of ensuring their full participation in the planning and management of these solutions; 36. Demands that all parties to the conflict in Darfur create the conditions conducive to allowing the voluntary, informed, safe, dignified and sustainable return of refugees and IDPs, or, where appropriate, their local integration or relocation to a third location and within the context of its protection of civilians mandate, welcomes UNAMID’s plan for renewed effort to enhance the protection of IDPs; stresses the need for the establishment of a mechanism in order to verify the extent to which these returns are voluntary and informed in nature, and underlines the importance of addressing land issues for the realisation of durable solutions in Darfur;
Operational Challenges 37. Strongly condemns all attacks on UNAMID; underlines that any attack or threat of attack on UNAMID is unacceptable; demands that there be no recurrence of such attacks and that those responsible be held to account following prompt and thorough investigation; pays tribute to the UNAMID personnel who have paid the ultimate sacrifice in the line of duty for the cause of peace in Darfur; urges UNAMID to take all necessary measures within its rules of engagement to protect United Nations personnel and equipment; condemns the ongoing impunity for those who attack peacekeepers, and in this regard urges the Government of Sudan to do its utmost to bring all perpetrators of any such crimes to justice and to cooperate with UNAMID to this end; 38. Acknowledges recent improvements in the issuance of visas and the clearance of UNAMID shipments, freedom of movement and the processing of travel documents, reiterates its concern that hindrances remain to UNAMID in the implementation of its mandate, including that some elements of UNAMID, particularly the human rights section, continue to suffer from targeted visa restrictions, ongoing delays in the processing of UNAMID containers, movement and access restrictions, caused by insecurity, acts of criminality and significant movement restrictions by the Government of Sudan, militia groups and armed movements, including restrictions from the Government of Sudan on the conduct of night patrols all over Darfur and other restrictions preventing UNAMID from reaching areas where there are instances of inter-communal conflict in a timely fashion; calls on all parties in Darfur to remove all obstacles to UNAMID’s full and proper discharge of its mandate, including by ensuring its security and freedom of movement; and in this regard, demands that the Government of Sudan,
S/RES/2363 (2017)
17-10875 14 /15
communicating and collaborating closely with its various agencies and all levels of local government bodies, recommit to and comply with the Status of Forces Agreement fully and without delay, particularly provisions relevant to the movement of patrols in conflict-affected areas and flight clearances, as well as those provisions relevant to the removal of obstacles to the use of UNAMID aerial assets, the timely processing of UNAMID’s equipment and rations at the port of entry to Sudan, and the timely issuing of visas;
Exit strategy 39. Underscores the importance of regular review by the Security Council of each United Nations peacekeeping mission’s progress in implementing its mandate, takes note of the Secretary-General’s efforts to make recommendations on the future of UNAMID, including its exit strategy, as requested by the Security Council in paragraph 7 of resolution 2173 (2014); concurs that UNAMID’s long-term planning should be based upon progress towards the Mission’s benchmarks as set out in the Secretary-General’s report of 16 October 2012 (S/2012/771) and subsequently refined in his reports of 25 February 2014 (S/2014/138) and 15 April 2014 (S/2014/279) (Annex), underlines that the reconfiguration of UNAMID decided in this resolution aims to make progress towards the fulfilment of these benchmarks; and takes note that the Secretary-General, in his report of 26 May 2015 (S/2015/378), emphasizes that a political settlement in Darfur and direct talks between Government and the non-signatory armed movements, starting with a cessation of hostilities in Darfur, is essential to re-establishing peace in Darfur and is primary to the achievement of these benchmarks; 40. Takes note of consultations between the United Nations, the African Union and the Government of Sudan, notably in the frameworks of the Tripartite mechanism and the Joint Working Group over the past year, including discussion of operational and logistical issues pertaining to the Mission’s operation as well as the development of an exit strategy in accordance with the Mission’s benchmarks;
Reporting 41. Requests the Secretary-General to report to the Council every 60 days following adoption of this resolution on UNAMID, including: (i) information on the political, humanitarian and security situation in Darfur, including detailed reporting on incidents of violence and attacks against civilians, including sexual and gender-based violence, by whomsoever perpetrated; (ii) information on violations of the Status of Forces Agreement, including those involving attacks or threats of attack on UNAMID, violations of international humanitarian law perpetrated by any party to the conflict, as well as access restrictions and significant operational obstacles such as those related to customs clearances and visas; (iii) developments and progress towards achievement of UNAMID’s strategic priorities and benchmarks; (iv) progress in the implementation of the recommendations made in the Special Report, including the progress of reductions to UNAMIDs military and police component and its impact, including on protection needs and violations and abuses of human rights; (v) developments and progress on strategically addressing the underlying drivers of inter-communal conflict and the action plan on the prevention and resolution of inter-communal conflict;
S/RES/2363 (2017)
15/15 17 -10875
(vi) developments and progress in addressing the challenges facing UNAMID; (vii) enhanced, detailed and full information on abuses and violations of human rights, including those committed against women and children and violations of international humanitarian law; (viii) developments regarding UNAMID’s support for local conflict resolution mechanisms, including progress regarding the full and effective participation of women; and (ix) on the implementation of this resolution; 42. Requests the Secretary-General to provide an assessment of the status of implementation of the DDPD in the next 60 day report on UNAMID; 43. Decides to remain seized of the matter.