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Resolution 2567

Reports of the Secretary-General on the Sudan and South Sudan. Letter from the President of the Council on the voting outcome (S/2021/254)

Abstract

Resolution 2567 (2021)
Adopted by the Security Council on 12 March 2021
The Security Council,
Recalling its previous resolutions, statements of its President, and press statements concerning the situation in South Sudan,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity, and national unity of the Republic of South Sudan, and recalling the importance of the principles of non-interference, good-neighbourliness, and regional cooperation,
Affirming its support for the 2018 “Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the Revitalised Agreement),
Stressing that the peace process only remains viable with the full commitment by all parties, welcoming in this regard encouraging developments in South Sudan’s peace process, and demonstrations of political will by the parties to the Revitalised Agreement in order to create the conditions necessary to advance the peace process, including agreement on the appointment of governors and other progress in the formation of state and local government structures,
Recognizing the reduction in violence between signatory parties to the Revitalised Agreement, and that the permanent ceasefire was upheld in most parts of the country,
Expressing appreciation for the leadership of the Intergovernmental Authority on Development (IGAD) in advancing the peace process for South Sudan and welcoming the commitment and efforts of IGAD and its member states, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), the African Union (AU), the African Union Peace and Security Council (AUPSC), the United Nations (UN), and countries in the region to continue engaging with South Sudanese leaders to address the current crisis, and encouraging their continued and proactive engagement,
Welcoming the ongoing facilitation of political dialogue by the Community of Sant’Egidio between signatories and non-signatories of the Revitalised Agreement and encouraging all parties to continue their efforts to peacefully resolve disputes in order to achieve an inclusive and sustainable peace,
Reiterating its alarm and deep concern regarding the political, security, economic, and humanitarian crisis in South Sudan, taking note of the impact of the COVID-19 pandemic, and emphasizing there can be no military solution to the situation in South Sudan,
Expressing concern regarding the delays in implementing the Revitalised Agreement and stressing the need to expeditiously finalize security arrangements, establish all institutions of the Revitalised Transitional Government of National Unity, including the national legislative assembly, and make progress on transitional reforms,
Strongly condemning all fighting, including violence and casualties that resulted from recent defections, and other violations of the 21 December 2017 “Agreement on Cessation of Hostilities, Protection of Civilians, and Humanitarian Access” (the ACOH) and the permanent ceasefire provisions of the Revitalised Agreement, welcoming the rapid assessment of violations by the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), encouraging IGAD to share reports with the Security Council rapidly, and noting that the African Union, IGAD, and the United Nations Security Council demanded that parties that violate the ACOH must be held accountable,
Expressing grave concern regarding increased violence between armed groups in some parts of South Sudan, which has killed and displaced thousands, and condemning the mobilization of such groups by parties to the conflict, including by members of government forces and armed opposition groups,
Expressing grave concern at ongoing reports of sexual and gender-based violence, including the findings of the report of the Secretary-General on Conflict-Related Sexual Violence to the Security Council (S/2020/487) of the use of sexual violence as a tactic by parties to the conflict against the civilian population in South Sudan, including use of rape, sexual slavery and sexual torture for the purpose of intimidation and punishment, based on perceived political affiliation, and employed as part of a strategy targeting members of ethnic groups, and where conflict-related sexual violence and other forms of violence against women and girls has persisted after the signing of the Revitalised Agreement, as documented in the May 2020 report published by the United Nations Mission in the Republic of South Sudan (UNMISS) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) on “Access to Health for Survivors of Conflict-Related Sexual Violence in South Sudan”, noting that some progress was observed by South Sudanese parties through implementation of action plans to address sexual violence in conflict, and underlining the urgency and importance of timely investigations to support accountability and the provision of assistance and protection to survivors and victims of sexual and gender-based violence,
Alarmed by the dire humanitarian situation, the high levels of food insecurity in the country and likely famine in some areas, recalling its resolution 2417 (2018) that recognizes the need to break the vicious cycle between armed conflict and food insecurity, condemning attacks on the means of livelihood and intentional denial of access to food, which could amount to war crimes, further condemning the obstructions by all parties to civilians’ movement and to humanitarian actors’ movement to reach civilians in need of assistance, expressing concern at the imposition of taxes and fees which hamper the delivery of humanitarian assistance across the country, noting with concern reports that forced displacement and denial of humanitarian access is exacerbating food insecurity for the civilian population,
Expressing serious and urgent concern over the nearly 3.8 million displaced persons and ongoing humanitarian crisis, 8.3 million in need of humanitarian assistance according to the 2021 South Sudan Humanitarian Needs Overview, and the estimated 7.2 million that will face severe food insecurity by mid-2021, according to the December 2020 Integrated Food Security Phase Classification report, and commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population,
Strongly condemning all attacks against humanitarian personnel and facilities that resulted in the deaths of at least 124 personnel since December 2013, including the attack on the Terrain compound on 11 July 2016 and attacks against medical personnel and hospitals, noting with alarm the increasing trend of harassment and intimidation of humanitarian personnel, and recalling that attacks against humanitarian personnel and objects indispensable to the survival of the civilian population may amount to violations of international humanitarian law,
Strongly condemning all human rights violations and abuses and violations of international humanitarian law by all parties, including armed groups and national security forces, as well as the incitement to commit such abuses and violations, further condemning harassment, targeting, and censorship of civil society, humanitarian personnel and journalists, emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable, and that South Sudan’s government bears the primary responsibility to protect its populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, and expressing concern that despite the signing of the Revitalised Agreement, violations and abuses including rape and sexual violence continue to occur which may amount to international crimes, including war crimes and crimes against humanity,
Expressing grave concern regarding the reports on the human rights situation in South Sudan issued by UNMISS and the Secretary-General, further expressing grave concern that according to the AU Commission of Inquiry report on South Sudan, released on 27 October 2015, and the reports of the Commission on Human Rights in South Sudan, released on 23 February 2018, 20 February 2019, 20 February 2020, and 19 February 2021 war crimes and crimes against humanity may have been committed, emphasizing its expectation that these and other credible reports will be duly considered by any transitional justice mechanisms for South Sudan including those established pursuant to the Revitalised Agreement, stressing the importance of collection and preservation of evidence for eventual use by the Hybrid Court for South Sudan and other accountability mechanisms, and encouraging efforts in this regard,
Reiterating the urgent need to end impunity in South Sudan and to bring to justice all those responsible for violations of international humanitarian law and violations and abuses of human rights, stressing the importance of transitional justice measures, including those in the Revitalised Agreement, to end impunity and promote accountability, facilitate national reconciliation and healing, and ensure a sustainable peace, as recognized by Chapter V in the Revitalised Agreement, and in this regard, recognizing the operationalization of a Gender-Based Violence and Juvenile Court by the Judiciary of South Sudan, further recognizing the steps taken by the African Union to establish the Hybrid Court for South Sudan, as well as the work done to date by the UN, and acknowledging the approval by the Government of South Sudan (GoSS) to establish transitional justice mechanisms, including the Hybrid Court for South Sudan,
Strongly condemning the continued obstruction of UNMISS by the GoSS and opposition groups, including restrictions on freedom of movement, assault of UNMISS personnel, and constraints on mission operations, including restrictions on patrols and UNMISS efforts to, inter alia, monitor human rights conditions, many of which were reported by the Secretary-General as violations of the Status of Forces Agreement (SOFA) by the GoSS, and recalling that, according to the SOFA, UNMISS, as well as its contractors, shall enjoy full and unrestricted freedom of movement without delay throughout South Sudan by the most direct route possible without the need for travel permits or prior authorization or notification, and the right to import equipment, provisions, supplies, fuel, materials, and other goods free of duty, taxes, fees and charges and free of other prohibitions and restrictions,
Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in South Sudan arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons,
Noting the measures adopted by the Security Council in resolution 2428 (2018) and renewed in 2471 (2019), and 2521 (2020), recalling that individuals or entities responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan, may be designated for targeted sanctions, further recalling its willingness to impose targeted sanctions, and stressing the critical importance of effective implementation of the sanctions regime, including its travel ban measures, and the key role that neighboring states, as well as regional and subregional organizations, can play in this regard, encouraging efforts to further enhance cooperation, and reiterating its readiness to consider adjusting measures, including through modifying, suspending, lifting or strengthening measures to respond to the situation,
Emphasizing that persistent barriers to full implementation of resolution 1325 (2000), and subsequent resolutions addressing women, peace, and security, including resolution 2242 (2015), will only be dismantled through dedicated commitment to women’s empowerment, participation, and human rights, concerted leadership, consistent information and action, and support, to build women’s full, equal, and meaningful participation in all levels of decision-making,
Acknowledging the significance of the GoSS’s ratification of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, and welcoming the signature of the Comprehensive Action Plan to End and Prevent All Grave Violations Against Children by the GoSS,
Expressing ongoing concern on the severe restriction of freedoms of opinion, expression, and association, acknowledging the important role of those who protect and promote human rights, civil society organizations, journalists and other media workers in the promotion and protection of the right to freedom of opinion and expression and, in this context, expressing deep concern that violations and abuses of the right to freedom of opinion and expression continue to occur, and condemning the use of media to broadcast hate speech and transmit messages instigating violence against a particular ethnic group, a practice that has the potential to lead to widespread violence and exacerbate armed conflict,
Expressing serious concern about the dire situation of persons with disabilities in South Sudan, including abandonment, violence, and lack of access to basic services, and emphasizing the need to ensure that the particular needs of persons with disabilities are addressed in the humanitarian response,
Recognizing the adverse effects of climate change, ecological changes, and natural disasters, among other factors, on the humanitarian situation and stability in South Sudan, and emphasizing the need for comprehensive risk assessments and risk management strategies by the GoSS and the UN to inform programs relating to these factors,
Commending the work of UNMISS, and expressing its deep appreciation for the actions taken by UNMISS peacekeepers and troop- and police-contributing countries in implementing the UNMISS mandate in a challenging environment, including in protecting civilians, including foreign nationals, under threat of physical violence and to stabilize the security situation within and beyond UNMISS sites, and further expressing deep appreciation for UNMISS personnel for their extraordinary efforts in the face of the COVID-19 pandemic and its consequences,
Welcoming the commitment of the Secretary-General to enforce strictly his zero-tolerance policy on sexual exploitation and abuse, noting the various measures taken by UNMISS and troop- and police-contributing countries to combat sexual exploitation and abuse, but still expressing grave concern over allegations of sexual exploitation and abuse reportedly committed by peacekeepers in South Sudan,
Strongly condemning the attacks by government and opposition forces and other groups on United Nations and IGAD personnel and facilities, the February 2016 attack on the Malakal protection of civilians site, the July 2016 attack on the Juba protection of civilians site, and the Terrain Compound attack, the detention and kidnappings of United Nations and associated personnel, the repeated attacks on the UNMISS camps in Bor, Bentiu, Malakal and Melut, and the disappearance purportedly caused by the Sudan People’s Liberation Army (SPLA), and deaths of three United Nations-affiliated national staff and one national contractor in Upper Nile State, and the December 2018 detention and abuse of the CTSAMVM team by GoSS officials, and calling upon the GoSS to complete its investigations of these attacks in a swift and thorough manner and to hold those responsible to account,
Taking note of the findings of the independent strategic review of UNMISS (S/2020/1224),
Taking note of the Report of the Secretary-General of 23 February 2021 (S/2021/172),
Expressing appreciation for the work of Special Representative of the Secretary General for South Sudan and the Head of UNMISS Mr. David Shearer to advance peace, security, and development in South Sudan, and welcoming the Secretary-General’s appointment of his successor, Mr. Nicholas Haysom,
Determining that the situation in South Sudan continues to constitute a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
UNMISS Mandate
1. Decides to extend the mandate of UNMISS until 15 March 2022;
2. Decides that UNMISS’s mandate is designed to advance a three-year strategic vision to prevent a return to civil war in South Sudan, to build durable peace at the local and national levels, and to support inclusive and accountable governance and free, fair, and peaceful elections in accordance with the Revitalised Agreement;
3. Decides that UNMISS shall have the following mandate, and authorizes UNMISS to use all necessary means to implement its mandate:
(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 Advisers, Women Protection Advisers, and uniformed and civilian Gender 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 and refugees, including, but not limited to, those in protection sites and camps, humanitarian personnel and human rights defenders, and identification of threats and attacks against civilians, including through implementation of a mission-wide early warning and response strategy that draws upon regular interaction with civilians including with Community Liaison Assistants, and working closely with humanitarian, human rights, civil society, and development organizations, in areas at high risk of conflict, in particular when the GoSS is unable or failing to provide such security;
(iii) To maintain public safety and security of and within UNMISS protection of civilians sites, and where protection of civilian sites have been re-designated, to maintain a flexible posture linked to threat analysis, contingency plans for protecting sites in a crisis, and the ability to scale up presence and protection of re-designated sites if the security situation deteriorates;
(iv) To deter, prevent, and respond to sexual and gender-based violence within its capacity and areas of deployment;
(v) 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;
(vi) To provide support for the relevant authorities and civil society organizations in developing and implementing gender-responsive community violence reduction (CVR) programs, in cooperation and coordination with development partners and community representatives, with a particular focus on women and youth;
(vii) Using technical assistance and capacity building to support the GoSS to restore and reform the rule of law and justice sector, in order to strengthen protection of civilians, combat impunity, and promote accountability, including investigation and prosecution of gender-based violence and conflict-related sexual violence, and human rights violations and abuses;
(viii) To foster a secure environment for the safe, informed, voluntary, and dignified return, relocation, resettlement or integration into host communities for IDPs and refugees when and to locations where conditions are conducive, including through monitoring of, ensuring respect for human rights by, 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, 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, combat impunity, and promote accountability;
(ix) To facilitate the conditions for safe and free movement into, out of, and around Juba, including at the means of ingress and egress from the city and major lines of communication and transport within Juba, including the airport;
(x) To promptly and effectively engage any actor that is credibly found to be preparing attacks, or engages in attacks, against civilians, IDP camps, United Nations protection of civilians sites, other United Nations premises, United Nations personnel, or international and national humanitarian actors;
(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, in accordance with international law, including applicable international humanitarian law, all humanitarian personnel full, safe and unhindered access to all those in need in South Sudan and timely delivery of humanitarian assistance, including IDPs and refugees, consistent with UN guiding principles of humanitarian assistance, including humanity, impartiality, neutrality, and independence;
(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) Supporting the Implementation of the Revitalised Agreement and the Peace Process:
(i) Using good offices to support the peace process and implementation of the Revitalised Agreement, including through advice, technical assistance, and coordination with relevant regional actors;
(ii) Assisting all parties in the full, effective and meaningful participation of women, youth, faith groups, and civil society in the peace process, transitional government bodies and institutions, and all conflict resolution and peacebuilding efforts;
(iii) Participating in and supporting the work of CTSAMVM, RJMEC, and other implementation mechanisms in the implementation of their mandates, including at the subnational level;
(iv) Using technical assistance to support mechanisms of the Revitalised Agreement;
(d) Monitoring, investigating, and reporting on violations of international humanitarian law and violations and abuses of 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 women and children, including those involving all forms of sexual and gender-based violence in armed conflict, and accelerate 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 on 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;
4. Decides to maintain the overall force levels of UNMISS with a troop ceiling of 17,000 personnel, and a police ceiling of 2,101 personnel, including 88 corrections officers, expresses its readiness to consider adjustments to UNMISS force levels and capacity-building tasks based on security conditions on the ground and implementation of priority measures in OP7 below;
South Sudan Peace Process
5. Demands all parties to the conflict and other armed actors to immediately end the fighting throughout South Sudan and engage in political dialogue, and further demands South Sudan’s leaders to implement the permanent ceasefire declared in the Revitalised Agreement and all previous ceasefire and cessation of hostilities agreements, including commitments in the Rome Declaration;
6. Calls on parties to implement fully the Revitalised Agreement, establish its institutions without delay, and ensure full, effective, and meaningful participation of women, youth, faith groups, and civil society in all conflict resolution and peacebuilding efforts;
7. Calls on the GoSS and all relevant actors to take action to fulfill the following priority measures before the end of UNMISS’s current mandate:
• Provide security to re-designated protection of civilian sites in a manner consistent with its obligations under international human rights law and international humanitarian law, and to appropriately vet all security forces personnel involved in providing security at the re-designated sites,
• Completion of graduation of necessary unified forces, start of their effective redeployment, and adoption of their unified command structure,
• End all obstructions to UNMISS, including, inter alia, obstructions that hamper UNMISS carrying out its mandate to monitor and investigate human rights violations and abuses, and immediately cease obstructing international and national humanitarian actors from assisting civilians, and facilitate freedom of movement for the CTSAMVM,
• Sign without further delay the Memorandum of Understanding with the African Union to establish the Hybrid Court for South Sudan, start its effective establishment, and set up the Commission for Truth, Reconciliation, and Healing and the Compensation and Reparation Authority,
• Reconstitute the Transitional National Legislative Assembly and the Council of States and initiate and oversee a permanent Constitution-making process, with broad-based public consultations;
8. Demands that the Government of South Sudan (GoSS) comply with the obligations set out in the SOFA between the GoSS and the United Nations, and immediately cease obstructing UNMISS in the performance of its mandate, 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, reminds the GoSS that, pursuant to the SOFA, UNMISS does not require prior authorization or permission to undertake its mandated tasks, 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, adjacent to Juba International Airport, which is essential for the Mission’s operations and security, and urges the GoSS to facilitate the smooth functioning of all UNMISS bases and to build an environment of mutual cooperation for UNMISS and its partners to conduct their work;
9. 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, and calls on 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, encourages it to release the reports of those investigations; and calls on the GoSS to immediately condemn and counter increasing hate speech and ethnic violence and to promote reconciliation among its people;
10. Demands that all parties allow, in accordance with international law, including applicable international humanitarian law, 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 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;
11. Calls upon the GoSS to resolve housing, land and property issues for the realization of durable solutions for IDPs and refugees, including through efforts to develop a National Land Policy;
12. Calls on parties to ensure full, effective, and meaningful participation and involvement of women in all spheres and levels of political leadership, the peace process, the transitional government, and ongoing reform processes under the peace agreement, and further calls on parties to recognize the need to protect women-led organizations and women peacebuilders from threats and reprisals, and fulfill the commitments set out on inclusivity, including in respect of national diversity, gender, youth and regional representation in the Revitalised Agreement, including the 35% minimum for women’s representation;
13. Demands all parties to the conflict and other armed actors prevent further commission of sexual violence, and to implement the actions called for in resolution 2467 (2019) to adopt a survivor-centered approach to prevent and respond to sexual violence in conflict and post-conflict related situations and to hold those responsible accountable including through the prompt investigation, prosecution and punishment of perpetrators, as well as reparations for victims as appropriate and urges the SSPDF, the SPLA-IO, and the National Salvation Front (NAS) to implement the joint and unilateral commitments and action plans they have made on preventing conflict-related sexual violence;
14. Strongly urges all parties to armed conflict in South Sudan 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 5 March 2021, urges all parties to fully implement the January 2020 Comprehensive Action Plan to end and prevent all grave violations against children, and calls on the GoSS to implement the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict;
15. 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 human rights of women and girls in these processes, through the provision of legal aid and medical support and psychosocial counselling, notes that implementing transitional justice measures, including those in the Revitalised Agreement, are key to healing and reconciliation, urges the GoSS to prioritize restoration and reform of the rule of law and justice sector, and calls on the international community to extend support to establishing the Hybrid Court for South Sudan;
16. Expresses its intention to consider all appropriate measures, as demonstrated by adoption of resolutions 2206 (2015), 2290 (2016), 2353 (2017), 2428 (2018), 2471 (2019), and 2521 (2020), against those who take actions that undermine the peace, stability, and security of South Sudan, stresses the sanctity of United Nations protection sites, underscores that individuals or entities that are responsible for or complicit in attacks against UNMISS personnel and premises and any humanitarian personnel, may meet the designation criteria, 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, further 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, and demands that all Member States comply with their obligations to prevent the direct or indirect supply, sale or transfer of arms and related materiel of all types, including weapons and ammunition, to the territory of South Sudan as set out in relevant Security Council resolutions;
UNMISS Operations
17. Recalls its resolution 2086 (2013), 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, and 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;
18. Requests the Secretary-General fully implement the following capacities and existing obligations in the planning and conduct of UNMISS operations:
(a) Strengthening the implementation of a mission-wide early warning and response strategy, as part of a coordinated approach to information gathering, incident tracking and analysis, 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, and ensure gender-sensitive conflict analysis is mainstreamed across all early warning and conflict prevention efforts;
(b) Encouraging the use of confidence-building, facilitation, mediation, community engagement, and strategic communications to support the mission’s protection, information gathering, and situational awareness activities;
(c) Prioritizing enhanced mission mobility and active patrolling to better execute its mandate in areas of emerging protection risks and emerging threats, including in remote locations, and prioritize deployment of forces with appropriate air, land, and water assets, to support the mission’s protection, information gathering, and situational awareness activities;
(d) Ensuring that any future re-designations of protection of civilian sites are based on comprehensive security assessments that determine the necessary security conditions, the South Sudanese authorities assuming their primary responsibility to protect civilians and demonstrating the capacity to provide non-discriminatory protection to displaced persons on a site-specific basis, and continuing comprehensive community engagement, coordinated transition of service delivery, and support to the GoSS in preventing and responding to violence or criminality directed towards the inhabitants of those camps;
(e) Strengthening its sexual and gender-based violence prevention and response activities in line with resolution 2467 (2019), including by assisting the parties with activities consistent with resolution 2467 (2019), and by ensuring that risks of sexual and gender-based violence are included in the Mission’s data collection and threat analysis and early warning systems through engaging in an ethical manner with survivors and victims of gender-based violence, and women’s organizations;
(f) Assisting the Committee 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 2521 (2020), including its provisions related to the arms embargo, and in particular encourages timely information exchange between UNMISS and the Panel of Experts;
(g) Prioritizing mandated protection activities in decisions about the use of available capacity and resources within the mission, according to resolution 1894 (2009);
(h) Implementing women, peace and security priorities under resolution 1325 (2000) and all resolutions addressing women, peace, and security, including by seeking to increase the number of women in UNMISS in line with resolution 2538 (2020), as well as to ensure the full, equal, and meaningful participation of women in all aspects of operations, including by ensuring safe, enabling and gender-sensitive working environments for women in peacekeeping operations, taking fully into account gender considerations as a crosscutting issue throughout its mandate, and reaffirming the importance of uniformed and civilian gender advisors, gender focal points in all mission components, gender expertise and capacity strengthening in executing the mission mandate in a gender-responsive manner;
(i) Implementing youth, peace and security under resolution 2250 (2015), to develop and implement context-specific strategies on youth, peace and security and to ensure the full, effective and meaningful participation of youth, recognizing their vital role in the prevention and resolution of conflict and peacebuilding;
(j) Continuing 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;
(k) Implementing peacekeeping performance requirements under resolutions 2378 (2017) and 2436 (2018), as well as safety and security improvements under resolution 2518 (2020), and the Action Plan on improving safety and security related to the report on “Improving Security of United Nations Peacekeepers”, and principles to guide the COVID-19 vaccination of uniformed personnel in-theatre and prior to deployment in line with UN guidelines and best practices to improve safety of peacekeepers;
(l) Implementing the United Nations zero-tolerance policy on serious misconduct, sexual exploitation and abuse, and sexual harassment, and all actions under resolution 2272 (2016);
(m) Ensuring that any support provided to non-United Nations security forces is provided in strict compliance with the HRDDP, including the monitoring and reporting on how support is used and on the implementation of mitigating measures;
(n) Coordinating with all UN agencies, funds, and programmes on South Sudan, and to coordinate with regional organizations and other relevant stakeholders, including the Humanitarian Country Team and its associated bodies;
United Nations and International Support:
19. Requests and encourages the Special Representative of the Secretary-General 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 AU, IGAD, RJMEC, CTSAMVM, 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;
20. Encourages continued firm engagement by IGAD, the AU, the AUPSC and countries in the region to find durable solutions to peace and security challenges in South Sudan, and to urge South Sudan’s leaders to meet without delay all commitments made under cessation of hostilities agreements and the Revitalised Agreement, and further encourages consultation between regional entities and the Secretary-General and his Special Representative on an action plan and common messaging to this end, 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;
21. Urges all parties and Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts established by resolution 2206 (2015), 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;
22. Requests the Secretary-General to continue to make available technical assistance to the Commission of the 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 and the Compensation and Reparation Authority, emphasizing measures should be gender-responsive, inclusive, accessible, fully resourced and designed and implemented with women’s full and meaningful participation and leadership, and invites the African Union to share information on progress made in the establishment of the Hybrid Court for South Sudan, with the Secretary-General;
23. Commends the commitment of the troop- and police-contributing countries in implementing the Mission’s mandate in a challenging environment, and in this connection stresses that any national caveat that negatively affects the implementation of mandate effectiveness should not be accepted by the Secretary-General, requests troop- and police-contributing countries to implement relevant provisions of resolution 2538 (2020) on reducing barriers to and increasing women’s participation at all levels and in all positions in peacekeeping, including by ensuring safe, enabling and gender-sensitive working environments for women in peacekeeping operations, and highlights that lack of effective command and control, refusal to obey orders, failure to respond to attacks on civilians, declining to participate in or undertake long-range patrols in remote parts of the country, inadequate equipment, and financial resources may adversely affect the shared responsibility for effective mandate implementation;
24. Urges troop- and police-contributing countries to continue taking appropriate action to prevent sexual exploitation and abuse, including vetting of all personnel, pre-deployment and in-mission awareness training, to ensure full accountability in cases of such conduct involving their personnel, including through timely survivor-centered investigations of allegations of sexual exploitation and abuse by troop- and police-contributing countries to hold perpetrators accountable, and to repatriate units when there is credible evidence of widespread or systemic sexual exploitation and abuse by those units and to report to the United Nations fully and promptly on actions undertaken;
25. Calls upon the international community to scale up humanitarian response for the people of South Sudan to meet the severe and increasing range of humanitarian needs;
26. Stresses the ongoing need for bilateral and multilateral partners to work closely with the GoSS to respond to the COVID-19 pandemic, and provide international assistance, as well as sustainable development assistance, in partnership with agencies of the UN development system;
Reports:
27. Requests the Secretary-General, in accordance with best practices, to conduct and provide the Security Council, no later than 15 July 2021, a needs assessment, including security, procedural, and logistical requirements to create an enabling environment for elections in South Sudan;
28. Requests the Secretary-General to continue to report violations of the SOFA or obstructions to UNMISS on a monthly basis;
29. 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 attention to:
• Whether and how each of its activities undertaken pursuant to paragraph 3 have contributed toward advancing the strategic vision described in paragraph 2, and what challenges and obstacles the mission faced in advancing the strategic vision, using the data collected and analyzed through the Comprehensive Planning and Performance Assessment System (CPAS) and other strategic planning and performance measurement tools to describe the mission’s impact.
• Implementation of priority measures referenced in paragraph 7 above.
• How it has implemented the capacities and obligations described in paragraph 18 in the planning and conduct of its operations.
• Providing recommendations, where appropriate, for Security Council action to address obstacles identified through strategic planning and performance measurement tools;
30. Decides to remain actively seized of the matter.

Topics
Sudan, South, Sudan
Year
2021
Title
Reports of the Secretary-General on the Sudan and South Sudan. Letter from the President of the Council on the voting outcome (S/2021/254)
Related with resolutions
1325 1612 1894 2086 2117 2206 2242 2250 2272 2290 2353 2378 2417 2428 2436 2467 2471 2518 2521 2538
Security Council Composition
CHN FRA RUS GBR USA VNM TUN VCT NER EST IND IRL KEN MEX NOR