Security Council Resolution 2290 (2016) [on Renewal of Sanctions Imposed by Security Council Resolution 2206 (2015) and the Extension of the Mandate of the Panel of Experts on South Sudan Until 1 July 2017]

S/RES/2290 (2016)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 223 Reports of the Secretary-General on the Sudan and South Sudan, published in 2016.

What subjects does this mandate have?

5 subjects

Ceasefires Humanitarian Assistance Internal Security Sanctions South Sudan

What’s in this document?

31 operative paragraphs

Endorses the “Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the “Agreement”);

Welcomes the formation of the TGNU on 29 April 2016 as a vital step in towards the full implementation of the Agreement;

Expresses deep concern at the failures of South Sudan’s leaders to fully implement their commitments pursuant to the Agreement, and to bring an end to the hostilities and, further, condemns the continued and flagrant violations of the ceasefire provisions of the Agreement, including violations as documented by the Ceasefire and Transitional Security Arrangements Mechanism;

Demands that South Sudan’s leaders fully and immediately adhere to the permanent ceasefire in accordance with their obligations under the Agreement, and allow in accordance with relevant provisions of international law and the UN guiding principles of humanitarian assistance, full, safe and unhindered humanitarian access to help ensure timely delivery of humanitarian assistance to all those in need;

Reiterates that there is no military solution to the conflict;

Targeted Sanctions

Underscores its willingness to impose targeted sanctions in order to support the search for an inclusive and sustainable peace in South Sudan, including through the timely and full implementation of the Agreement;

Decides to renew until 31 May 2017 the travel and financial measures imposed by paragraphs 9 and 12 of resolution 2206 (2015), and reaffirms the provisions of paragraphs 10, 11, 13, 14 and 15 of resolution 2206 (2015);

Reaffirms that the provisions of paragraph 9 of resolution 2206 (2015) apply to individuals, and that the provisions of paragraph 12 of resolution 2206 (2015) apply to individuals and entities, as designated for such measures by the Committee established pursuant to paragraph 16 of resolution 2206 (2015) (“the Committee”), as 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;

Underscores that such actions or policies as described in paragraph 8 above may include, but are not limited to:

Actions or policies that have the purpose or effect of expanding or extending the conflict in South Sudan or obstructing reconciliation or peace talks or processes, including breaches of the Agreement;

Actions or policies that threaten transitional agreements or undermine the political process in South Sudan;

Planning, directing, or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in South Sudan;

The targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual and gender-based violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law;

The use or recruitment of children by armed groups or armed forces in the context of the armed conflict in South Sudan;

The obstruction of the activities of international peacekeeping, diplomatic, or humanitarian missions in South Sudan, including the Ceasefire and Transitional Security Arrangements Monitoring Mechanism or of the delivery or distribution of, or access to, humanitarian assistance;

Attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel; or

Acting for or on behalf of, directly or indirectly, an individual or entity designated by the Committee;

Reaffirms that the provisions of paragraphs 9 and 12 of resolution 2206 (2015) apply to individuals, as designated for such measures by the Committee, who are leaders of any entity, including any South Sudanese government, opposition, militia, or other group, that has, or whose members have, engaged in any of the activities described in paragraphs 8 and 9 above;

Sanctions Committee/Panel of Experts

Emphasizes the importance of holding regular consultations with concerned Member States, international and regional and subregional organizations, as well as UNMISS, as may be necessary, in particular neighbouring and regional States, in order to ensure the full implementation of the measures in this resolution, and in that regard encourages the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members;

Decides to extend until 1 July 2017 the mandate of the Panel of Experts as set out in paragraph 18 of resolution 2206 (2015) and this paragraph, expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 31 May 2017, and decides that the Panel should carry out the following tasks:

Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee with information relevant to the potential designation of individuals and entities who may be engaging in the activities described in paragraphs 8 and 9 above;

Gather, examine and analyse information regarding the implementation of the measures decided in this resolution, in particular incidents of non-compliance, with particular focus on the benchmarks outlined in paragraphs 15 and 16 below;

Gather, examine and analyse information regarding the supply, sale or transfer of arms and related materiel and related military or other assistance, including through illicit trafficking networks, to individuals and entities undermining implementation of the Agreement or participating in acts that violate international human rights law or international humanitarian law, as applicable;

Provide to the Council, after discussion with the Committee, an interim report by 1 December 2016, a final report by 1 May 2017, and except in the months when these reports are due, updates each month;

Also to provide to the Council a report within 120 days providing analysis of the current security threats facing the TGNU, and its needs to maintain law and order in South Sudan, as well as further analysis on the role of transfers of arms and related materiel coming into South Sudan since the formation of the TGNU with respect to implementation of the Agreement and threats to UNMISS and other UN and international humanitarian personnel;

Assist the Committee in refining and updating information on the list of individuals and entities subject to the measures imposed by this resolution, including through the provision of identifying information and additional information for the publicly available narrative summary of reasons for listing;

Calls upon all parties and all 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;

Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative for Sexual Violence in Conflict to share relevant information with the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011);

Review

Expresses its intent to monitor and review the situation at 90-day intervals from the adoption of this resolution or more frequently, as needed, and invites the JMEC to share relevant information with the Council, as appropriate, on its assessment of the parties’ implementation of the Agreement, adherence to the permanent ceasefire, and facilitation of humanitarian access, also expresses its intent to impose any sanctions that may be appropriate to respond to the situation, which may include an arms embargo and the designation of senior individuals responsible for actions or policies that threaten the peace, security or stability of South Sudan, including by impeding the implementation of the Agreement, or by failing to take effective and comprehensive steps to cause forces under direct or indirect control to cease military operations, acts of violence, as well as human rights violations or abuses or violations of international humanitarian law, and to enable full access for humanitarian assistance;

Affirms also that it shall be prepared to adjust the measures contained in this resolution, including by strengthening through additional measures, as well as modification, suspension or lifting of the measures, as may be needed at any time in light of the progress achieved in the peace, accountability, and reconciliation process, and in light of the implementation of the Agreement and the parties’ commitments, including the ceasefire, and compliance with this and other applicable resolutions;

Decides to remain seized of the matter.