UN.org: Security Council Resolution-In South Sudan, Bolstering Its Strength to Quell Surging Violence

From: Berhane Habtemariam <Berhane.Habtemariam_at_gmx.de_at_dehai.org>
Date: Thu, 29 May 2014 19:13:34 +0200

In South Sudan, Bolstering Its Strength to Quell Surging Violence

Security Council, Adopting Resolution 2155 (2014), Extends Mandate of
Mission

Permanent Representative Acknowledges Constraints in Protection of Civilians

29 May 2014

The Security Council today extended the operation of the United Nations
Mission in South Sudan (UNMISS) until 30 November under a restructured
mandate intended to quell the violence, especially against civilians, and
support implementation of the recent Cessation of Hostilities Agreement,
increasing troop and police strength in order to fulfil its terms.

 

Unanimously adopting resolution 2155 (2014), the Council authorized the
Mission - under a ceiling of 12,500 military troops of all ranks and a
police component of up to 1,323 personnel - to "use all necessary means" to
perform the many tasks detailed in its text.

 

Among those was to protect civilians and deter violence against them;
implement a Mission-wide early warning strategy; foster a secure environment
for the eventual safe return of internally displaced persons and refugees;
monitor, investigate, verify and report specifically and publicly on
violations and abuses against children and women; coordinate with, and offer
technical support, where appropriate, to the African Union's Commission of
Inquiry for South Sudan; and, among others, create the conditions necessary
for delivery of humanitarian aid.

 

Further to the resolution, the Mission would protect civilians under threat
of physical violence, irrespective of the source, through proactive
deployment and active patrolling, particularly when the Government of South
Sudan was unable or failing to provide such security. It would foster a
secure environment for the eventual safe, voluntary return of internally
displaced persons and refugees through ensuring maintenance for
international human rights standards.

 

The 15-member body condemned in the strongest terms attacks on and threats
made to Mission personnel, stressing that they could constitute war crimes,
and demanded that all parties respect the inviolability of United Nations
premises and immediately desist from any violence against those gathered
there. Efforts to undermine the Mission's ability to implement its mandate
and attacks on United Nations personnel "will not be tolerated", the text
said.

 

Demanding the halt to all forms of violence, human rights violations and
abuses, violations of international humanitarian law, including gender-based
violence, rape and other forms of sexual violence, and violations and abuses
against children, the Council strongly urged the Government to implement its
action plan to end and prevent child recruitment signed on 12 March 2012,
and for the opposition forces to implement their commitment to end grave
violations against children signed on 10 May. It also called for specific
and time-bound commitments to combat sexual violence.

 

Speaking after the action, Francis Mading Deng (South Sudan) said his
delegation greatly appreciated the renewal of the Mission's mandate.
Despite a shared interest in the continuation of UNMISS, challenges had
required constructive engagement to reach a mutual understanding. He was
concerned at seeing anti-United Nations demonstrations, which were due, in
part, to misunderstandings and to specific issues that he had addressed with
both sides. The Council, the United Nations Department of Peacekeeping
Operations and the Government of South Sudan had worked to resolve
misunderstandings and he hoped that cooperation would be enhanced, given
shared concerns and improved communications.

 

He acknowledged his Government's limitations in meeting its commitments to
protect its citizens and said the legacy of a war stretching over half a
century would take time to heal. The United Nations should reconsider its
priorities, with building State capacities high on its list. Failure to
help to build a functioning State could lead to serious problems, which the
international community could be called upon to address, he warned, hopeful
that capacity-building would be considered in future mandates.

 

He also expressed hope there would be no more tragic crises now that the
parties were striving to restore peace and reconciliation through the
Intergovernmental Authority for Development-led negotiations. In addition,
he hoped peacekeepers, who had put their lives at risk to protect civilians,
would be adequately equipped to continue their work.

 

The meeting began at 2:37 p.m. and ended at 2:45 p.m.

 

Resolution

 

The full text of resolution 2155 (2014) reads as follows:

 

"The Security Council,

 

"Recalling its previous resolutions 1996 (2011), 2046 (2012), 2057 (2012),
2109 (2013) and 2132 (2013),

 

"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,

 

"Recalling its resolution 2086 (2013) and reaffirming the basic principles
of peacekeeping, including consent of the parties, impartiality and non-use
of force, except in self-defence and define of the mandate, and recognizing
that the mandate of each peacekeeping mission is specific to the need and
situation of the country concerned,

 

"Expressing grave alarm and concern regarding the rapidly deteriorating
political, security and humanitarian crisis in South Sudan resulting from
the internal Sudan People's Liberation Movement (SPLM) political dispute and
subsequent violence caused by the country's political and military leaders,

 

"Strongly condemning reported and ongoing human rights violations and abuses
and violations of international humanitarian law, including those involving
extrajudicial killings, ethnically targeted violence, sexual and
gender-based violence, rape, recruitment and use of children, enforced
disappearances, arbitrary arrests and detention, violence aimed at spreading
terror among the civilian population and attacks on schools and hospitals,
as well as United Nations peacekeeping personnel, by all parties, including
armed groups and national security forces, as well as the incitement to
commit such abuses and violations, and emphasizing that those responsible
for violations of international humanitarian law and violations and abuses
of human rights must be held accountable and that the Government of South
Sudan bears the primary responsibility to protect civilians within its
territory and subject to its jurisdiction, including from potential crimes
against humanity and war crimes,

 

"Expressing deep concern over the large-scale displacement of persons and
deepening humanitarian crisis, stressing the responsibility borne by all
parties to the conflict for the suffering of the people of South Sudan, and
the necessity of ensuring that the basic needs of the population are met,
commending United Nations humanitarian agencies and partners for their
efforts to provide urgent and coordinated support to the population, calling
upon 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, the full, safe and unhindered access
of relief personnel, equipment and supplies to all those in need and timely
delivery of humanitarian assistance, in particular to internally displaced
persons and refugees, condemning all attacks against humanitarian personnel
and facilities, and recalling that attacks against humanitarian personnel
and depriving civilians of objects indispensable to their survival may
amount to violations of international humanitarian law,

 

"Commending the Intergovernmental Authority on Development (IGAD)
initiative, as supported by the United Nations and African Union, in
establishing a forum for political and security dialogue, and expecting all
parties to participate in this process and respect the decisions reached by
IGAD Assembly of Heads of State and Government on 13 March,

 

"Welcoming the IGAD-mediated 23 January Cessation of Hostilities (CoH) and
Status of Detainees Agreements, consensus on the Declaration of Principles
between the parties, the establishment of the ceasefire Monitoring and
Verification Mechanism (MVM) and the 9 May "Agreement to Resolve the Crisis
in South Sudan", while condemning repeated violations of the CoH by all
parties which undermine peace efforts,

 

"Expressing its deep appreciation for the actions taken by United Nations
Mission in South Sudan (UNMISS) peacekeepers and troop- and
police-contributing countries to protect civilians, including foreign
nationals, under threat of physical violence and to stabilize the security
situation, and further expressing appreciation for those Member States who
have responded immediately to expedite the deployment of troops and police
immediately after the adoption of resolution 2132 (2013),

 

"Taking note with interest the 21 February UNMISS Interim Human Rights
report, and 8 May 'Conflict in South Sudan: A Human Rights Report',

 

"Expressing grave concern that according to the 8 May 'Conflict in South
Sudan: A Human Rights Report', there are reasonable grounds to believe that
war crimes and crimes against humanity, including extrajudicial killings,
rape and other acts of sexual violence, enforced disappearances, and
arbitrary arrests and detention have been committed by all parties to the
conflict in South Sudan,

 

"Stressing the urgent and imperative need to end impunity in South Sudan and
to bring to justice perpetrators of such crimes,

 

"Welcoming the 12 March inaugural meeting and the initiation of work of the
African Union Commission of Inquiry as critical steps in independent and
public human rights monitoring, investigation and reporting,

 

"Strongly condemning the use of radio to broadcast hate speech and transmit
messages instigating sexual violence against a particular ethnic group,
which has the potential to play a significant role in promoting mass
violence and exacerbating conflict, calling on the Government to take the
appropriate measures in order to deter such activity, and further urging all
parties to desist from these actions and instead contribute to promoting
peace and reconciliation among the communities,

 

"Emphasizing that persisting barriers to full implementation of resolution
1325 (2000) will only be dismantled through dedicated commitment to women's
empowerment, participation and human rights, and through concerted
leadership, consistent information and action and support, to build women's
engagement in all levels of decision-making,

 

"Expressing deep concern at persistent restrictions placed upon the movement
and operations of UNMISS, strongly condemning the attacks by Government and
opposition forces and other groups on United Nations personnel and
facilities, including the December 2012 downing of a United Nations
helicopter by the SPLA, the April 2013 attack on a United Nations convoy,
the December 2013 attack on the UNMISS camp in Akobo, and the 2014 attacks
on the UNMISS camp in Bor, and calling upon the Government of South Sudan to
complete its investigations of these attacks in a swift and thorough manner
and to hold those responsible to account,

 

"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,

 

"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 with serious concern reports of the indiscriminate use of cluster
munitions, made by the United Nations Mine Action Service (UNMAS) in Jonglei
State in February 2014, and urging all parties to refrain from similar such
use in the future,

 

"Welcoming IGAD's initiative for the deployment of the MVM, calling for the
redeployment and/or progressive withdrawal of armed groups and allied forces
invited by either side, consistent with the 23 January Cessation of
Hostilities Agreement, and warning of the serious consequences that could
result from any regionalization of the conflict,

 

"Reaffirming its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738
(2006) and 1894 (2009) on the protection of civilians in armed conflict, and
1502 (2003) on the protection of humanitarian and United Nations personnel;
resolutions 1612 (2005), 1882 (2009), 1998 (2011), 2068 (2012), and 2143
(2014) on children and armed conflict; and resolutions 1325 (2000), 1820
(2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013) on
women, peace, and security; resolution 2150 (2014) on the Prevention and
Fight against Genocide; and resolution 2151 (2014) on security sector
reform,

 

"Taking note of the 6 March Secretary-General's report (S/2014/158) and the
recommendations contained therein,

 

"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. Endorses the CoH Agreement accepted and signed by the Republic of
South Sudan and the SPLM/A (in Opposition) on 23 January, further endorses
the Agreement to Resolve the Crisis in South Sudan signed on 9 May by the
Republic of South Sudan and the SPLM/A (in Opposition); calls for immediate
and full implementation of the agreements by both parties, and expresses its
readiness to consider all appropriate measures against those who take action
that undermines the peace, stability, and security of South Sudan, including
those who prevent the implementation of these agreements;

 

"2. Urges all parties to engage in an open and fully inclusive national
dialogue seeking to establish lasting peace, reconciliation and good
governance, including through the full and effective participation of youth,
women, diverse communities, faith groups, civil society and the formerly
detained SPLM leaders, encourages the efforts of IGAD and the United Nations
to reach a peace agreement between the parties, and further urges them to
ensure that child protection provisions are integrated into all peace
negotiations and peace agreements;

 

"3. Decides to extend the mandate of UNMISS until 30 November, and further
decides that UNMISS shall, within the authorized troop ceiling of 12,500 set
out in paragraph 8, include a component consisting inter alia of three
battalions, with additional responsibility for protecting IGAD's MVM as set
out in paragraph 4(d), as well as implementing the mission's overall mandate
as set out in paragraphs 4(a), 4(b) and 4(c) below, consistent with
paragraph 5;

 

"4. 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's protection
advisers;

ii. To deter violence against civilians, including foreign nationals,
especially through proactive deployment, active patrolling with particular
attention to displaced civilians, including those in protection sites and
refugee camps, humanitarian personnel and human rights defenders, and
identification of threats and attacks against the civilian population,
including through regular interaction with the civilian population and
closely with humanitarian, human rights 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
Government of the Republic of South Sudan is unable or failing to provide
such security;

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 prepare for further potential attacks on United Nations
personnel and facilities;

iv. To maintain public safety and security within and of UNMISS protection
of civilians sites;

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 inter-communal reconciliation in areas
of high risk of conflict as an essential part of long-term State-building
activity;

vi. To foster a secure environment for the eventual safe and voluntary
return of internally displaced persons (IDPs) and refugees, including, where
compatible and in strict compliance with the United Nations Human Rights Due
Diligence Policy (HRDPP), through monitoring of ensuring the maintenance of
international human rights standards by, and specific operational
coordination with the police services in relevant and protection-focused
tasks, in order to strengthen protection of civilians;

 

"(b) Monitoring and investigating human rights:

 

i. To monitor, investigate, verify and report 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 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 grave violations against children;

iii.To coordinate with, and offer technical support to, where appropriate,
the African Union's Commission of Inquiry for South Sudan;

 

"(c) Creating the conditions for delivery of humanitarian assistance:

 

i. To contribute to the creation of the conditions for the delivery of
humanitarian assistance, including by helping to establish the necessary
security conditions and by exercising its good offices, confidence-building
and facilitation, so as to allow, in accordance with relevant provisions of
international law and United Nations guiding principles of humanitarian
assistance, the full, safe and unhindered access of relief personnel to all
those in need in South Sudan and timely delivery of humanitarian assistance,
in particular to internally displaced persons and refugees;

ii. To ensure the security and freedom of movement of United Nations and
associated personne,l where appropriate, and to ensure the security of
installations and equipment necessary for implementation of mandated tasks,

 

"(d) Supporting the Implementation of the Cessation of Hostilities
Agreement:

 

i. To ensure proper coordination with the Joint Technical Committee (JTC),
MVM, and Monitoring and Verification Teams (MVTs), as appropriate;

ii. To provide mobile and dedicated fixed site security to IGAD's MVM, as
established in line with the decisions of the 31 January and 13 March
meetings of the IGAD Assembly of Heads of State and Government; and

iii.To provide support to the work of the MVM as described within the CoH;

 

"5. Emphasizes that protection of civilians, as described in paragraph
4(a), must be given priority in decisions about the use of available
capacity and resources within the Mission;

 

"6. Requests the Secretary-General, through his Special Representative, to
continue to direct the operations of an integrated UNMISS, coordinate all
activities of the United Nations system in the Republic of South Sudan, and
support a coherent international approach to achieving peace in the Republic
of South Sudan;

 

"7. Endorses the recommendation made by the Secretary-General in his 6
March report to increase the overall force levels of UNMISS to support its
restructured mandate as defined in paragraph 4 of this resolution;

 

"8. Decides that UNMISS will consist of a military component of up to
12,500 troops of all ranks and of a police component, including appropriate
Formed Police Units, of up to 1,323 personnel; and that the civilian
component will be reduced accordingly to tasks outlined in paragraph 4;
requests that the Secretary-General provide detailed information on force
generation, restructuring of the UNMISS force, logistical support and
enablers, including as part of his regular reports; and requests the
Secretary-General to review needs on the ground, and provide an updated
assessment of the force's operations, deployment and future requirements 120
days after this resolution;

 

"9. Requests UNMISS to focus and streamline its activities, across its
military, police and civilian components in order to achieve progress on the
tasks outlined in paragraph 4, recognizes that certain Mission tasks will
therefore be ceased, and in this regard, requests the Secretary-General
undertake a full personnel review in June 2014 and to include the details in
his next regular report on UNMISS;

 

"10. Expresses its intention to keep the requirements of and composition of
UNMISS components under active review, and to review this mandate and make
any necessary adjustments, at an appropriate stage in the implementation of
a credible peace agreement between the parties;

 

"11. Authorizes the Secretary-General to take the necessary steps, in
accordance with paragraph 8, to expedite force and asset generation, and as
necessary, discontinue the inter-Mission cooperation already authorized
under resolution 2132 (2013);

 

"12. Requests UNMISS to increase its presence and active patrolling in
areas of high-risk of conflict, high concentrations of IDPs, including as
guided by its early warning strategy and key routes for population movement,
and to conduct regular reviews of its geographic deployment to ensure that
its forces are best placed to protect civilians, and requests the
Secretary-General to provide updates on these reviews as part of his regular
reports;

 

"13. Further requests that UNMISS continues to ensure full compliance with
the United Nations zero tolerance policy on sexual exploitation and abuse
and to keep the Council fully informed about the Mission's progress in this
regard, and urges Troop Contributing Countries to take appropriate
preventive action including pre-deployment awareness training, and to ensure
full accountability in cases of such conduct involving their personnel;

 

"14. Encourages UNMISS to fully implement the HRDDP and requests the
Secretary-General to include progress made in implementing the policy in his
reports to the Council;

 

"15. Condemns in the strongest terms attacks on and threats made to UNMISS
personnel and United Nations facilities, including violations of the Status
of Forces Agreement, stresses that such attacks may constitute 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, and stresses that efforts to
undermine the ability of UNMISS to implement its mandate and attacks on
United Nations personnel will not be tolerated;

 

"16. Demands that the Government of the Republic of South Sudan and all
relevant parties cooperate fully in the deployment, operations, and
monitoring, verification, and reporting functions of UNMISS, in particular
by guaranteeing the safety, security and unrestricted freedom of movement of
United Nations and associated personnel, throughout the territory of the
Republic of South Sudan, and further calls upon the Government of South
Sudan to ensure freedom of movement for IDPs, including those leaving and
entering protection of civilian sites, and to continue to support UNMISS by
the allocation of land for protection of civilian sites;

 

"17. Demands all parties allow, in accordance with relevant provisions of
international law and United Nations guiding principles of humanitarian
assistance, the full, safe and unhindered access of relief personnel,
equipment and supplies, to all those in need and timely delivery of
humanitarian assistance, in particular to internally displaced persons and
refugees and stresses that any returns of IDPs or refugees must be
undertaken on a voluntary and informed basis in conditions of dignity and
safety;

 

"18. Further demands that all parties immediately cease all forms of
violence, human rights violations and abuses, violations of international
humanitarian law, including gender-based violence, rape and other forms of
sexual violence, and violations and abuses against children in violation of
applicable international law, such as those involving their recruitment and
use, killing and maiming, abduction and attacks against schools and
hospitals, strongly urges the Government to the fully and immediately
implement its action plan to end and prevent child recruitment signed on 12
March 2012 further strongly urges the opposition forces to fully and
immediately implement their commitment to end grave violations against
children signed on 10 May, and calls for specific and time-bound commitments
to combat sexual violence in accordance with resolution 1960 (2010) and 2106
(2013);

 

"19. Calls upon the Government of South Sudan to move forward expeditiously
and transparently to complete the investigations of allegations of human
rights violations and abuses consistent with international standards, 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;

 

"20. Emphasizes the importance of the full and effective participation of
women at all levels in the implementation of agreements and in the
prevention and resolution of conflict and peacebuilding more broadly, calls
upon all parties to take measures to ensure women's full and effective
representation and leadership in all conflict resolution and peacebuilding
efforts, including through support to women's civil society organizations
and incorporating gender expertise in peace talks, 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, and
reaffirms the importance of appropriate gender expertise and training in all
missions mandated by the Security Council;

 

"21. Condemns attacks on oil installations, petroleum companies and their
employees and the continued fighting around these facilities, and urges all
parties to ensure the security of economic infrastructure;

 

"22. Requests that the Secretary-General report to the Security Council on
the implementation of the UNMISS mandate every 60 days following the
adoption of the resolution;

 

"23. Decides to remain actively seized of the matter."

 

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Received on Thu May 29 2014 - 13:13:43 EDT

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