S/RES/2459 (2019)
Security Council Distr.: General 15 March 2019
Resolution 2459 (2019)
Adopted by the Security Council at its 8484th meeting, on 15 March 2019
The Security Council, Recalling its previous resolutions 1996 (2011), 2046 (2012), 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206 (2015), 2223 (2015), 2241 (2015), 2252 (2015), 2302 (2016), 2304 (2016), 2327 (2016), 2392 (2017), 2428 (2018), and 2406 (2018) and statements by its President S/PRST/2014/16,… [read more] S/PRST/2014/26, S/PRST/2015/9, S/PRST/2016/1, S/PRST/2016/3, S/PRST/2017/4, and S/PRST/2017/25, 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, Reiterating its grave alarm and concern regarding the political, security, economic, and humanitarian crisis in South Sudan, and subsequent violence caused by the country’s political and military leaders since December 2013, and emphasizing there can be no military solution to the situation in South Sudan, Strongly condemning all fighting and other violations of the 21 December 2017 “Agreement on Cessation of Hostilities, Protection of Civilians, and Humanitarian Access” (the ACOH), welcoming the rapid assessment of violations by the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), encouraging the Intergovernmental Authority on Development (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 appreciation for the leadership of 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, Underlining that the 2018 “Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the Revitalised Agreement) is an important
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step forward in the peace process that provides a window of opportunity to achieve sustainable peace and stability in South Sudan, calling on South Sudanese parties to demonstrate the political will to peacefully resolve the conflict, stressing that the negotiation of power-sharing and security arrangements and the safe return of all South Sudanese parties to Juba are essential to advance the peace process, and calling on parties to ensure full and meaningful participation of women in the peace process and fulfill the commitments set out on inclusivity, including in respect of national diversity, gender, youth and regional representation in the Revitalised Agreement, Recognizing the reduction in political violence since the signing of the Revitalised Agreement and that the permanent ceasefire was upheld in most parts of the country, and further recognizing confidence building measures between signatories of the Revitalised Agreement, and the formation of most of the pre-transitional mechanisms of the Revitalised Agreement, 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), 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 pursuant to resolution 2206 (2015), 2271 (2016), 2280 (2016), 2290 (2016), 2353 (2017), and 2428 (2018), including individuals who plan, direct, or commit acts that violate applicable international human rights law or international humanitarian law, acts that constitute human rights abuses or acts involving sexual and gender-based violence in South Sudan, engage in attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel and recalling its willingness to impose targeted sanctions, 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 and encouraging efforts to further enhance cooperation, Commending the work of the United Nations Mission in the Republic of South Sudan (UNMISS), and stressing the importance of effective engagement and liaison with local communities, as well as humanitarian actors, including through regular communication about the UNMISS mandate, including its planned actions and capacities, security threats and related information, both within and outside the protection of civilians sites, in order to fulfill UNMISS’s protection of civilians mandate, Recognizing that unarmed civilian protection can often complement efforts to build a protective environment, particularly in the deterrence of sexual and genderbased violence against civilians, and encouraging UNMISS, as appropriate and when possible, to explore how it can use civilian protection techniques, including through community engagement and the mission communication strategy, to enhance its ability to protect civilians, and to train UNMISS staff accordingly, Recognizing the dire humanitarian situation and high levels of food insecurity in the country, and in this regard noting the importance of UNMISS’s contribution to creating conditions conducive to the delivery of humanitarian assistance, and to creating through coordination with humanitarian actors, displaced communities, and authorities the conditions for the safe, informed, voluntary, and dignified return or relocation of internally displaced persons (IDPs) and refugees, so that they may resume their livelihoods including the cultivation of land for food production,
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Strongly condemning the continued obstruction of UNMISS by the Government of South Sudan (GoSS) and opposition groups, including severe restrictions on freedom of movement, assault of UNMISS personnel, and constraints on mission operations, 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, Demanding that all parties, particularly the GoSS and the SPLA-IO, end all obstructions to UNMISS, including inter alia obstructions that hamper UNMISS carrying out its mandate to monitor and investigate human rights, Recalling its strong condemnation of all instances of attacks against civilians, including those involving violence against women, children, and persons in vulnerable situations, ethnically targeted violence, hate speech, and incitements to violence, and further expressing deep concern at the possibility that what began as a political conflict could continue to transform into an outright ethnic war, as noted by the Special Advisor for the Prevention of Genocide Adama Dieng, Expressing grave concern at ongoing reports of sexual and gender-based violence, particularly against women and girls, including the findings of the report of the Secretary-General on Sexual Violence in Conflict to the Security Council (S/2018/250) 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 and gang-rape of women and girls, and abduction, forced marriage and sexual slavery, and where persistent levels of conflict-related sexual violence and other forms of violence against women and girls has become normalized and continued after the signing of the Revitalised Agreement and despite the suspension of most military offensives, as documented in the February 2019 UNMISS and Office of the United Nations High Commissioner for Human Rights (OHCHR) report on conflict-related sexual violence in Northern Unity between September and December 2018, underlining the urgency and importance of timely investigations and the provision of assistance and protection to victims of sexual and gender-based violence, Strongly condemning all human rights violations and abuses and violations of international humanitarian law, including those involving extrajudicial killings, ethnically targeted violence, rape and other forms of sexual and gender-based violence, recruitment and use of children, enforced disappearances, arbitrary arrests and detention, violence aimed at spreading terror among the civilian population, targeting of members of civil society, and attacks on schools, places of worship, hospitals, medical facilities and transport, United Nations and associated personnel, and humanitarian and medical personnel, 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 including rape and sexual violence continue to occur which may amount to international crimes, including war crimes and crimes against humanity,
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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, strongly calling for its full and immediate implementation, further taking note of the role played by the GoSS in negotiating the release of children by parties to conflict, urging all parties to make further efforts to end immediately the recruitment of children to armed groups and to release all children that have been recruited to date, and encouraging further efforts in this regard, in particular through the GoSS’s endorsement of the Paris principles, Taking note of the UNMISS and OHCHR report on the Freedom of Expression in South Sudan, and expressing ongoing concern on the severe restriction of freedoms of opinion, expression, and association, 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 play a significant role in promoting mass violence and exacerbating conflict, and calling on the GoSS to immediately condemn and counter increasing hate speech and ethnic violence and to promote reconciliation among its people, including through a process of justice and accountability, 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, Reiterating the urgent need to end impunity in South Sudan and to hold accountable and bring to justice all those responsible for violations of international humanitarian law and violations and abuses of human rights, and further stressing the importance of accountability, reconciliation and healing in ending impunity and ensuring a sustainable peace, as recognized by Chapter V in the Revitalised Agreement, and in this regard, sharing the concern of the AUPSC about the delays in establishing the Hybrid Court for South Sudan, Expressing grave concern regarding the reports on the human rights situation in South Sudan issued by UNMISS and the Secretary-General, as well as the report of the AU Commission of Inquiry on South Sudan and the Separate Opinion, expressing grave concern that according to some reports, including the AU Commission of Inquiry report on South Sudan, released on 27 October 2015, there were reasonable grounds to believe that war crimes and crimes against humanity had been committed and the reports of the Commission on Human Rights in South Sudan, released on 23 February 2018 and 20 February 2019 that war crimes and crimes against humanity may have been committed, emphasizing its hope that these and other credible reporting will be duly considered by any transitional justice and reconciliation mechanisms for South Sudan including those established in the Revitalised Agreement, stressing the importance of collection and preservation of evidence for eventual use by the Hybrid Court for South Sudan, and encouraging efforts in this regard, Expressing serious and urgent concern over the nearly 4.3 million displaced persons and ongoing humanitarian crisis, and an estimated 6.2 million that face severe food insecurity according to the February 2019 Integrated Food Security Phase Classification report, and 7.1 million in need of life-saving assistance, and that 2.2 million of the country’s children are out of school, stressing the responsibility borne by all parties to the conflict for the immense suffering of the people of South Sudan, including the destruction or damage to livelihoods and productive assets, commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population, and calling upon the international community to continue these efforts to meet the growing humanitarian needs of the people of South Sudan,
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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, and recalling the need for all parties to the conflict to allow and facilitate, in accordance with relevant provisions of international law and United Nations guiding principles of humanitarian assistance, including humanity, impartiality, neutrality, and independence, the full, safe and unhindered access of relief personnel, equipment and supplies and timely delivery of humanitarian assistance, to all those in need, in particular to IDPs and refugees, Strongly condemning all attacks against humanitarian personnel and facilities that resulted in the deaths of at least 112 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, 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 stressing that any national caveat that negatively affects the implementation of mandate effectiveness should not be accepted by the Secretary-General, and further highlighting that lack of effective command and control, refusal to obey orders, failure to respond to attacks on civilians, inadequate equipment, and financial resources may adversely affect the shared responsibility for effective mandate implementation, Welcoming the commitment of the Secretary-General to enforce strictly his zerotolerance 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, stressing the urgent need for Troop- and Police-contributing countries and, as appropriate, UNMISS, to promptly investigate those allegations in a credible and transparent manner and for those responsible for such criminal offences or misconduct to be held to account, and further stressing the need to prevent such exploitation and abuse and to improve how these allegations are addressed in line with resolution 2272 (2016), Recognizing the significant resource and capacity challenges UNMISS faces in implementing its mandate, expressing appreciation for UNMISS’s ongoing efforts to ensure the safety of IDPs seeking protection on its sites, while recognizing the importance of finding sustainable solutions for IDPs in keeping with the Guiding Principles on Internal Displacement, and underlining in this regard the need to extend its presence, including through proactive deployment and patrolling, to areas of displacement, return, and local integration, Emphasizing that persistent barriers to full implementation of resolution 1325 (2000), and subsequent resolutions on women, peace, and security including 2242 (2015), will only be dismantled through dedicated commitment to women’s empowerment, participation, and human rights, concerted leadership, consistent information and action, and support, to build women’s engagement in all levels of decision-making, and through ensuring that the full and meaningful participation and involvement of women in all spheres and levels of political leadership, the peace process, and pre-transitional and transitional government, welcoming the commitment
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to the inclusion of women in the Revitalised Agreement, including the 35% minimum for women’s representation, and calling on all parties to do more to ensure that these minimum commitments are achieved, Expressing grave concern regarding the threats made to oil installations, petroleum companies and their employees, and urging all parties to ensure the security of economic infrastructure, condemning attacks on oil installations, petroleum companies and their employees, and any fighting around these facilities, and urging all parties to ensure the security of economic infrastructure, Strongly condemning the December 2018 obstruction, detention and abuse of the CTSAMVM team by GoSS officials, and calling upon the GoSS to complete and publish its investigations and hold those responsible to account, Strongly condemning the attacks by government and opposition forces and other groups on United Nations and IGAD personnel and facilities, including the December 2012 downing of a United Nations helicopter by the Sudan People’s Liberation Army (SPLA), the April 2013 attack on a United Nations convoy, the December 2013 attack on the UNMISS camp in Akobo, the August 2014 shooting down of a United Nations helicopter by unidentified armed groups, the August 2014 arrest and detention of an IGAD monitoring and verification team, the October 2015 seizure and detention of UNMISS personnel and equipment in Upper Nile State by opposition forces, 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 SPLA forces, and deaths of three United Nations-affiliated national staff and one national contractor in Upper Nile State, 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, 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, 1. Demands that all parties to the conflict immediately end the fighting throughout South Sudan and engage in political dialogue, and further demands that South Sudan’s leaders implement the permanent ceasefire declared in the Revitalised Agreement and ceasefires for which they respectively called on 11 July 2016 and 22 May 2017, as well as the ACOH signed on 21 December 2017, and ensure that subsequent decrees and orders directing their commanders control their forces and protect civilians and their property are fully implemented; 2. Demands that the GoSS comply with the obligations set out in the SOFA between the Government of South Sudan and the United Nations, and immediately cease obstructing UNMISS in the performance of its mandate, and further demands the GoSS immediately cease obstructing international and national humanitarian actors from assisting civilians, and facilitate freedom of movement for the CTSAMVM and calls on the GoSS to take action, to deter, and to hold those responsible to account for any hostile or other actions that impede UNMISS or international and national humanitarian actors; 3. Expresses its intention to consider all appropriate measures, as demonstrated by adoption of resolutions 2206 (2015), 2290 (2016), 2353 (2017), and 2428 (2018) against those who take actions that undermine the peace, stability, and security of South Sudan, stresses the sanctity of United Nations protection sites, specifically underscores that individuals or entities that are responsible or complicit in, or have engaged in, directly or indirectly, attacks against UNMISS personnel and
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premises and any humanitarian personnel, may meet the designation criteria, and in this regard takes note of the 20 February 2018 Special Report of the Secretary-General on the renewal of the mandate of the United Nations Mission in South Sudan (S/2018/143) that the steady re-supply of weapons and ammunition to South Sudan has directly affected the safety of UN personnel and UNMISS’s ability to carry out its mandate, takes note of the AUPSC’s 8 February 2018 communique which states that signatories to the ACOH should be deprived of the means to continue fighting, and underscores the measures adopted by the Security Council in resolution 2428 (2018), including the arms embargo to deprive the parties of the means to continue fighting and to prevent violations of the ACOH; 4. Commends the 22 January 2019 report by RJMEC Interim Chairperson Augostino S.K. Njoroge on the status of implementation of the Revitalised Agreement for the period October 2018 to December 2018, welcomes the gradual decrease in fighting among the warring parties, calls on parties to the Revitalised Agreement to take the necessary steps to ensure that pretransitional institutions and mechanisms can be operational as soon as possible, taking into account the timetable set by the Revitalised Agreement, condemns violations of the ACOH by all parties, including continuing use of sexual and gender-based violence in attacks, and the assault of CTSAMVM monitors that undermines confidence building measures between the warring parties, underscores that lack of feasible security arrangements may delay the peace process, and calls upon all parties to ensure full and meaningful participation of youth, women, diverse communities, faith groups, and civil society in all conflict resolution and peacebuilding efforts; 5. Decides to extend the mandate of UNMISS until 15 March 2020; 6. Decides to maintain the overall force levels of UNMISS with a troop ceiling of 17,000 troops, which includes a Regional Protection Force at levels to be set by the Secretary-General but not to exceed 4,000, and maintaining the police ceiling of 2,101 police personnel, including individual police officers, formed police units and 78 corrections officers, requests the Secretary-General to take the necessary steps to expedite force and asset generation, requests the Secretary-General to conduct a military and police capability study subsequent to the parties to the Revitalised Agreement negotiating permanent security arrangements, and expresses its readiness to consider making the necessary adjustments to UNMISS including its Regional Protection Force to match security conditions on the ground; 7. Decides that the mandate of UNMISS shall be as follows, and authorizes UNMISS to use all necessary means to perform the following tasks: (a) Protection of civilians: (i) To protect civilians under threat of physical violence, irrespective of the source of such violence, within its capacity and areas of deployment, with specific protection for women and children, including through the continued use of the Mission’s Child Protection and Women Protection Advisers, the positions for which should be filled expeditiously; (ii) To deter violence against civilians, including foreign nationals, especially through proactive deployment, active patrolling with particular attention to IDPs, including, but not limited to, those in protection sites and refugee camps, humanitarian personnel and human rights defenders, and identification of threats and attacks against civilians, including through regular interaction with civilians and working closely with humanitarian, human rights, civil society, and development organizations, in areas at high risk of conflict including, as appropriate, schools, places of worship, hospitals, and the oil installations, in particular when the GoSS is unable or failing to provide such security;
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(iii) To implement a mission-wide early warning strategy, including a coordinated approach to information gathering, monitoring, verification, early warning and dissemination, and response mechanisms, including response mechanisms to threats and attacks against civilians that may involve violations and abuses of human rights or violations of international humanitarian law, as well as to prepare for further potential attacks on United Nations personnel and facilities; (iv) To maintain public safety and security of and within UNMISS protection of civilians sites; (v) To deter and prevent sexual and gender-based violence within its capacity and areas of deployment, as highlighted in paragraph 41 of the Special Report of the Secretary-General of 10 November 2016 (S/2016/951); (vi) To exercise good offices, confidence-building, and facilitation in support of the mission’s protection strategy, especially in regard to women and children, including to facilitate the prevention, mitigation, and resolution of intercommunal conflict through, inter alia, mediation and community engagement in order to foster sustainable local and national reconciliation as an essential part of preventing violence and long-term state-building activity, as well as to provide support, within existing resources, for the relevant authorities and civil society organizations in developing and implementing gender-sensitive community violence reduction (CVR) programs, in cooperation and coordination with development partners and community representatives, especially women and youth; (vii) To foster a secure environment for the safe, informed, voluntary, and dignified, return or relocation of IDPs and refugees including through monitoring of, ensuring respect for human rights by, and where compatible and in strict compliance with the United Nations Human Rights Due Diligence Policy (HRDDP), coordination with police services, security and government institutions, and civil society actors in relevant and protection-focused activities, such as sensitization to issues of sexual and gender-based violence and children and armed conflict as well as technical assistance or advice, within existing resources, on international humanitarian law, investigation and prosecution of sexual and gender-based violence and conflict-related sexual violence, as well as other human rights violations and abuses, in order to strengthen protection of civilians; (viii) To support the facilitation of the safe, informed, voluntary, and dignified return or relocation of IDPs from United Nations protection of civilian sites, in coordination with humanitarian actors and other relevant stakeholders, and within existing resources; (b) Creating the conditions conducive to the delivery of humanitarian assistance: (i) To contribute, in close coordination with humanitarian actors, to the creation of security conditions conducive to the delivery of humanitarian assistance, so as to allow, the rapid, safe and unhindered access of relief personnel to all those in need in South Sudan and timely delivery of humanitarian assistance, in particular to IDPs and refugees, recalling the need for compliance with the relevant provisions of international law and respect for the UN guiding principles of humanitarian assistance, including humanity, impartiality, neutrality, and independence;
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(ii) To ensure the security and freedom of movement of United Nations and associated personnel where appropriate, and to ensure the security of its installations and equipment necessary for implementation of mandated tasks; (c) Monitoring, and investigating human rights: (i) To monitor, investigate, verify, and report immediately, publicly, and regularly on abuses and violations of human rights and violations of international humanitarian law, including those that may amount to war crimes or crimes against humanity; (ii) To monitor, investigate, verify and report specifically and publicly on violations and abuses committed against children and women, including those involving all forms of sexual and gender-based violence in armed conflict by accelerating the implementation of monitoring, analysis and reporting arrangements on conflict-related sexual violence and by strengthening the monitoring and reporting mechanism for violations and abuses against children; (iii) To monitor, investigate and report on incidents of hate speech and incitement to violence in cooperation with the UN Special Adviser on the Prevention of Genocide; (iv) To coordinate with, share appropriate information with, and provide technical support to international, regional, and national mechanisms engaged in monitoring, investigating, and reporting violations of international humanitarian law and human rights violations and abuses, including those that may amount to war crimes or crimes against humanity, as appropriate; (d) Supporting the Implementation of the Revitalised Agreement and the Peace Process: To carry out, within its capabilities, the following tasks in support of the implementation of the Revitalised Agreement and the peace process, and recognizing that the tasks outlined in paragraph 10 and implemented by the Regional Protection Force (RPF) are essential to creating an enabling environment for implementation of the Revitalised Agreement and the peace process: (i) Using good offices to support the peace process, including advice or technical assistance, within existing resources; (ii) Participating in and supporting the CTSAMVM in implementation of its ceasefire monitoring and verification mandate, including through facilitating and supporting the CTSAMVM in its implementation of monitoring and reporting of violations and overall effectiveness in identifying those responsible for these violations; (iii) Actively participating in and supporting the work of the RJMEC, especially at the sub-national level; 8. Stresses that the peace process only remains viable with the full commitment by all parties and inclusion of civil society, women, and youth, urges all the parties to participate in the peace process in good faith in order to reach the compromises necessary for the peace and stability of South Sudan, reminds the parties that UNMISS shall only undertake those tasks related to the peace process as described in paragraph 7 (d) and notes its intention to keep the tasks and composition of UNMISS under active review based on progress with the peace process and implementing the Revitalised Agreement; 9. Noting the request from the AUPSC outlined in the Secretary General’s letter to the Security Council (S/2019/110), expresses its willingness to consider a review of the mandate and composition of the RPF in line with UN peacekeeping
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principles and standards, subsequent to the parties to the Revitalised Agreement negotiating permanent security arrangements and forming the Revitalized Transitional Government of National Unity; 10. Decides that UNMISS shall continue to include an RPF, recalls that per 2304 (2016) the RPF has the responsibility of providing a secure environment in and around Juba and in other parts of South Sudan as necessary, and authorizes the RPF to use all necessary means, including undertaking robust action where necessary and actively patrolling, to accomplish the RPF mandate, to: (i) Facilitate the conditions for safe and free movement into, out of, and around Juba, including through protecting the means of ingress and egress from the city and major lines of communication and transport within Juba; (ii) Protect the airport to ensure the airport remains operational, and protect key facilities in Juba essential to the well-being of the people of Juba, as identified by the Special Representative of the Secretary-General; (iii) Promptly and effectively engage any actor that is credibly found to be preparing attacks, or engages in attacks, against United Nations protection of civilians sites, other United Nations premises, United Nations personnel, international and national humanitarian actors, or civilians; 11. Welcomes the efforts of IGAD, the AU, the AUPSC, and countries in the region to find durable solutions to peace and security challenges in South Sudan, encourages their continued firm engagement with South Sudan’s leaders to meet without delay all commitments made under cessation of hostilities agreements and the Revitalised Agreement, underlines the support by IGAD of the national dialogue, in cooperation with the UN and AU, and urges IGAD to appoint a Chairperson for the RJMEC; 12. Affirms the critical importance of the ability of UNMISS to use all of its bases without restrictions in order to execute its mandate including, but not limited to, its base in Tomping and in this regard, calls on the Government of South Sudan to uphold its obligations to guarantee UNMISS unimpeded access to United Nations premises per the SOFA; 13. Recalls its resolution 2086 (2013) and reaffirms the basic principles of peacekeeping, as set forth in Presidential Statement S/PRST/2015/22, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, recognizes that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned, and that the Security Council expects full delivery of the mandates it authorizes; 14. Emphasizes that protection of civilians must be given priority in decisions about the use of available capacity and resources within the mission, stresses that UNMISS’s mandate as set out in paragraphs 7 and 10 above includes authority to use all necessary means in order to accomplish its mandated tasks, particularly the protection of civilians, and stresses that such actions include, but are not limited to, within UNMISS’s capacity and areas of deployment, defending protection of civilians sites, establishing areas around the sites that are not used for hostile purposes by any forces, including by extending weapons free zones to UNMISS protection of civilians sites where appropriate, addressing threats to the sites, searching individuals attempting to enter the sites, and seizing weapons from those inside or attempting to enter the sites, removing from and denying entry of armed actors to the protection of civilians sites; 15. Recognizes the important use of confidence-building, facilitation, mediation, and community engagement, and encourages UNMISS as appropriate and
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when possible, to explore how it can use these techniques to enhance its ability to support the Mission’s protection, information gathering and situational awareness, and to implement its mandated tasks, including to protect civilians; 16. Requests and encourages the Special Representative of the SecretaryGeneral to direct the operations of an integrated UNMISS and coordinate all activities of the United Nations system in the Republic of South Sudan, and to exercise his or her good offices to lead the UN system in South Sudan in assisting the RJMEC, the AU, IGAD and other actors, as well as the parties, with implementation of the Revitalised Agreement and to promote peace and reconciliation, underscores in this regard the critical role of CTSAMVM as well as the importance of the support provided to it by UNMISS in delivering on its mandate, and reaffirms in this regard the critical role that the UN plays, in coordination with regional organizations and other actors, to advance political dialogue between parties and contribute to achieving an enduring cessation of hostilities and lead the parties to an inclusive peace process; 17. Requests UNMISS to strengthen its sexual and gender-based violence prevention and response activities, including by ensuring that risks of sexual and gender-based violence is included in the Mission’s data collection, threat analysis and early warning systems, by engaging with victims of sexual violence, and women’s organizations, further requests UNMISS to take fully into account gender considerations as a crosscutting issue throughout its mandate, reaffirms the importance of gender advisors, gender expertise and capacity strengthening in executing the mission mandate in a gender-responsive manner, and encourages Troop- and Police-contributing Countries to take measures to increase the deployment of women in the military, police, and civilian components of the Mission; 18. Requests UNMISS to continue to intensify its presence and active patrolling in areas of high risk of conflict, high concentrations of IDPs and refugees, with particular attention to women and children, including as guided by its early warning strategy, in all areas, and key routes for population movement, to extend its presence, including through proactive deployment and patrolling, to areas of displacement, return, resettlement, and reintegration, in order to foster a secure environment for the safe, informed, dignified and voluntary return of IDPs and refugees, and to conduct regular reviews of its geographic deployment to ensure that its forces are best placed to fulfil its mandate; 19. Recognizes that the effective implementation of UNMISS mandate is the responsibility of all stakeholders and is contingent upon several critical factors, including well defined, realistic, and achievable mandates; political will, leadership, performance and accountability at all levels; adequate resources; policy, planning and operational guidelines and training; in this regard, welcomes the initiatives undertaken by the Secretary-General to standardize a culture of performance in UN peacekeeping and reaffirms its support, as set out in paragraph 1 of resolution 2436 (2018), for the development of a comprehensive and integrated performance policy framework that identifies clear standards of performance for evaluating all United Nations civilian and uniformed personnel working in and supporting peacekeeping operations that facilitates effective and full implementation of mandates, and includes comprehensive and objective methodologies based on clear and well-defined benchmarks to ensure accountability for underperformance and incentives and recognition for outstanding performance, and calls on him to apply it to UNMISS; and further welcomes efforts by the Secretary-General to operationalize the Operational Readiness Assurance Policy, conduct mission performance reviews of uniformed and civilian personnel, leverage the Peacekeeping Capabilities and Readiness System (PCRS) to ensure performance data informs decisions regarding peacekeepers deployment, and calls on him to continue his efforts in this regard;
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20. Recalls its Presidential Statement S/PRST/2015/22 and its resolution 2272 (2016) and requests the Secretary-General to take all necessary measures to ensure full compliance of UNMISS with the United Nations zero tolerance policy on sexual exploitation and abuse and to ensure that all personnel of the mission are vetted for history of sexual misconduct in the service with the United Nations and requests the Secretary-General to include in his regular reporting to the Security Council on UNMISS information in this regard, including any reviews of UNMISS troop- and police-contributing countries according to the operational guidance for resolution 2272 (2016), and urges troop- and police-contributing countries to take appropriate preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel; 21. Requests UNMISS to ensure that any support provided to non-United Nations security forces is provided in strict compliance with the HRDDP on United Nations Support to non-United Nations security forces; 22. Requests UNMISS to assist the Committee, within existing resources, established pursuant to paragraph 16 of resolution 2206 (2015) and the Panel of Experts established by the same resolution, regarding the measures adopted in resolution 2428 (2018), including its provisions related to the arms embargo, and in particular encourages timely information exchange between UNMISS and the Panel of Experts, further urges all parties and Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts and further urges all Member States involved to ensure the safety of the members of the Panel of Experts and unhindered access, in particular to persons, documents and sites in order for the Panel of Experts to execute its mandate; 23. Condemns in the strongest terms attacks on and threats made to UNMISS personnel and United Nations facilities, as well as those of IGAD, including the December 2018 obstruction, detention, and abuse of a CTSAMVM team by GoSS officials in December 2018, stresses that such attacks may constitute violations of the SOFA and/or war crimes, demands that all parties respect the inviolability of United Nations premises and immediately desist and refrain from any violence against those gathered at United Nations facilities, reiterates that the GoSS is bound by the terms of the SOFA, and further demands the immediate and safe release of detained and kidnapped United Nations and associated personnel; 24. Condemns the clash that took place in Malakal in February 2016 and the fighting in Juba in July 2016, and urges the UN to continuously incorporate lessons learned to conduct reforms across UNMISS to better enable it to implement its mandate, in particular regarding the protection of civilians, and to improve UNMISS chain of command, increase the effectiveness of UNMISS operations, strengthen safety and security of personnel, and enhance UNMISS’ ability to manage complex situations; 25. Condemns in the strongest terms attacks on and looting of humanitarian aid, including food and medicine, and premises, including hospitals and medical facilities and warehouses, and demands that all parties allow, in accordance with relevant provisions of international law and United Nations guiding principles of emergency humanitarian assistance, including humanity, impartiality, neutrality, and independence, the rapid, safe and unhindered access of relief personnel, equipment and supplies, and timely delivery of humanitarian assistance, to all those in need throughout South Sudan in particular to IDPs and refugees, and end use of hospitals, schools and other civilian premises for purposes that could make them subject to attack, stresses the obligation to respect and protect all medical personnel and humanitarian personnel exclusively engaged in medical duties, their means of transport and equipment, as well as hospitals and other medical facilities, stresses
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also that any returns or other durable solutions for IDPs or refugees must be undertaken on a voluntary and informed basis in conditions of dignity and safety, and notes that freedom of movement of civilians and their right to seek asylum should be respected; 26. Further demands that all parties immediately cease all forms of violence, human rights violations and abuses, and violations of international humanitarian law, including rape and other forms of sexual and gender-based violence, and hold those responsible accountable, in order to break the prevailing cycle of impunity; 27. Condemns all violations of applicable international law committed by all parties to the conflict, in particular against children, strongly urges all parties to the conflict to implement the actions called for in The Conclusions on Children and Armed Conflict in South Sudan adopted by the Security Council Working Group on Children and Armed Conflict on 17 December 2018, including the immediate release of all children in their ranks and steps to end and prevent the killing and maiming of children, welcomes the release of children by some groups, strongly urges the GoSS to develop and implement a comprehensive action plan addressing all violations and abuses against children, and further strongly urges the SPLA-IO to implement its action plan to end and prevent the recruitment and use of children and the killing and maiming of children, and underlines the importance of the GoSS providing timely and appropriate reintegration and rehabilitation assistance to children affected by armed conflict and minimize the risk of re-recruitment, while ensuring that the specific needs of girls as well as children with disabilities are addressed, including access to health care, psychosocial support, and education programmes and calls on the international community to assist these efforts; 28. Requests UNMISS continue to engage in dialogue with the parties to the conflict regarding the development and implementation of action plans, in line with resolution 1612 (2005) and subsequent resolutions on children and armed conflict and to support efforts aimed at releasing children associated with armed groups and forces in all parts of the country; 29. Strongly urges the SSPDF, SPLA-IO, and other armed groups to prevent further commission of sexual violence, urges the GoSS and the SPLA-IO to implement the joint and unilateral commitments and action plans they have made on preventing conflict-related sexual violence with focus on prevention, accountability, and enhancing assistance to victims, and strongly urges SSPDF leadership to issue specific command orders regarding prevention of conflict-related sexual violence, and demands the GoSS show concrete steps to hold those responsible within its ranks accountable for crimes of sexual violence; 30. Urges the parties to the Revitalised Agreement to demilitarize civilian areas as required in chapter 2 of the R-ARCSS, thereby reducing the proliferation and misuse of small arms and other weapons; 31. Underscores that truth-seeking and reconciliation is essential for achieving peace in South Sudan and in this regard stresses that the Commission of Truth, Reconciliation and Healing, as stipulated in the Revitalised Agreement, is a critical part of the peacebuilding process in South Sudan, to spearhead efforts to achieve national cohesion, promote peace, national reconciliation and healing; 32. Takes note of the steps taken by the African Union towards the setting up of the Hybrid Court for South Sudan as provided for under Chapter V of the Revitalised Agreement, as well as the work done to date by the UN, welcomes the African Union’s formal invitation for the UN to provide technical assistance towards the setting up of the Hybrid Court for South Sudan, and requests the SecretaryGeneral to continue to make available technical assistance to the Commission of the
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African Union and to the GoSS in setting up the Hybrid Court for South Sudan and for the implementation of other aspects of Chapter V of the Revitalised Agreement, including with regard to the establishment of the Commission for Truth, Reconciliation, and Healing; 33. Takes note of the 8 February 2018 African Union Peace and Security Council communique and in this regard calls upon the GoSS to sign without further delay the Memorandum of Understanding with the African Union to establish the Hybrid Court for South Sudan, and further calls on the international community to extend support to establishing the Hybrid Court for South Sudan; 34. Calls upon the GoSS to move forward expeditiously and transparently to complete the ongoing investigations of allegations of human rights violations and abuses in a manner consistent with its international obligations, and encourages it to release the reports of those investigations; 35. Calls upon the GoSS, while taking note of paragraph 3.2.2 of Chapter V of the Revitalised Agreement, to hold to account all those responsible for violations and abuses of human rights and violations of international humanitarian law, and to ensure that all victims of sexual violence have equal protection under the law and equal access to justice, and to safeguard equal respect for the rights of women and girls in these processes, and notes that implementing holistic transitional justice measures, including accountability, truth-seeking and reparations, are key to healing and reconciliation, and underscoring the importance of the rule of law to advancing the peace process, urges the GoSS to prioritize restoration and reform of the rule of law and justice sector, welcomes in this regard the initial steps the GoSS has taken with the deployment of mobile courts facilitated by UNMISS, and further urges the GoSS to take further steps in this regard;
Reports 36. Requests the Secretary-General to provide within 180 days of the mandate renewal a written report on future planning for the protection of civilian sites, including an assessment of each protection of civilian site, a review of the current model for providing security to the protection of civilian sites, recommendations clarifying the roles and responsibilities of UNMISS and other relevant stakeholders, and recommendations for steps necessary to foster a secure environment for the safe, informed, voluntary, and dignified return or relocation of residents of protection of civilian sites, with a view towards durable solutions for all displaced persons, and encourages the UN to undertake broad consultations with relevant GoSS offices, humanitarian and development actors, local communities, and civil society organizations to inform the report; 37. Requests the Secretary-General to continue to report violations of the SOFA or obstructions to UNMISS on a monthly basis; 38. Requests the Secretary-General to report to the Security Council on implementation of the UNMISS mandate and the obstructions UNMISS encounters in doing so in a comprehensive written report to be submitted within 90 days of the date of adoption of this resolution, every 90 days thereafter, and underscores that such reporting should include: • reporting on progress in implementing the HRDDP, • specific and detailed reporting on how UNMISS is working toward fulfilling its protection of civilian duties, including but not limited to troop responsiveness and performance and new patrol areas and proactive deployment, • the consideration of gender as cross cutting throughout the mandate,
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• steps taken to deter and prevent sexual and gender-based violence, • the participation of women in peace processes, • the steps taken to enhance the safety and security of UN personnel, • the steps that have been taken to address performance concerns reflected in the reviews outlined in paragraphs 18 and 19, • strengthened reporting on human rights issues in South Sudan, and • recommendations on the steps to adapt UNMISS to the situation on the ground; 39. Requests the Secretary-General to report, through his regular 90-day reports, on the technical assistance provided consistent with paragraph 30 above, invites the African Union to share information on progress made in the establishment of the Hybrid Court for South Sudan, with the Secretary-General to inform his report, and expresses the Security Council’s intention upon receipt of the SecretaryGeneral’s reports to assess the work that has been done in the establishment of the Hybrid Court in line with international standards; 40. Decides to remain seized of the matter [^]
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