Security Council Resolution 2327 (2016) [on Increase of Force Levels of the Un Mission in South Sudan (Unmiss) and Extension of the Mandate Until 15 Dec. 2017]

S/RES/2327 (2016)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 216 Reports of the Secretary-General on the Sudan and South Sudan, published in 2016.

Which reports were submitted under this mandate?

4 reports · 2017

Year	Symbol	Title	Mandate resolution
2017	S/2017/1011	Report of the Secretary-General on South Sudan (covering the period from 2 September to 14 November 2017)	S/RES/2327 (2016)
2017	S/2017/784	Report of the Secretary-General on South Sudan (covering the period from 2 June to 1 September 2017)	S/RES/2327 (2016)
2017	S/2017/505	Report of the Secretary-General on South Sudan (covering the period from 2 March to 1 June 2017)	S/RES/2327 (2016)
2017	S/2017/224	Report of the Secretary-General on South Sudan (covering the period from 16 December 2016 to 1 March 2017)	S/RES/2327 (2016)

What subjects does this mandate have?

5 subjects

Human Rights Internal Security Peacekeeping Operations Protection of Civilians in Peacekeeping Operations South Sudan

What’s in this document?

65 operative paragraphs

Demands that all parties immediately end the fighting throughout South Sudan, and further demands that South Sudan’s leaders implement the permanent ceasefire declared in the Agreement and ceasefires for which they respectively called on 11 July 2016, and ensure that subsequent decrees and orders directing their commanders control their forces and protect civilians and their property are fully implemented;

Demands that the TGNU of South Sudan 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 TGNU immediately cease obstructing international and national humanitarian actors from assisting civilians, and facilitate freedom of movement for the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) and calls on the TGNU 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;

Expresses its intention to consider all appropriate measures, as demonstrated by adoption of resolutions 2206 (2015) and 2290 (2016), against those who take actions that undermine the peace, stability, and security of South Sudan, recalls the designation criteria detailed in paragraph 7 of resolution 2206 (2015), stresses the sanctity of United Nations protection sites, and specifically underscores that individuals or entities that are responsible or complicit in, or have engaged in, directly or indirectly, attacks against UNMISS personnel and premises and any humanitarian personnel, may meet the designation criteria;

Takes note of the TGNU’s announcement to conduct an inclusive national dialogue, strongly urges all parties to engage in an open and fully inclusive national political dialogue seeking to implement lasting peace, reconciliation and good governance, including through the full and effective participation of youth, women, diverse communities, faith groups, civil society, and all political parties, calls upon all parties 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 encourages the efforts of the JMEC, IGAD, the AU, and the United Nations to support implementation of the Agreement;

Decides to extend the mandate of UNMISS until 15 December 2017;

Decides to increase the overall force levels of UNMISS by maintaining a troop ceiling of 17,000 troops, including 4,000 for the Regional Protection Force, and increasing the police ceiling to 2,101 police personnel, including individual police officers, formed police units and 78 corrections officers, and requests the Secretary-General to take the necessary steps to expedite force and asset generation;

Decides that the mandate of UNMISS shall be as follows, and authorizes UNMISS to use all necessary means to perform the following tasks:

Protection of civilians:

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;

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 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 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;

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

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);

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 inter-communal conflict in order to foster sustainable local and national reconciliation as an essential part of preventing violence and long-term State-building activity;

vii

To foster a secure environment for the eventual safe and voluntary return 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 and civil society actors in relevant and protection-focused activities, such as sensitization to issues of sexual and gender-based violence, in order to strengthen protection of civilians;

Monitoring, and investigating human rights:

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;

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;

To coordinate with, and provide technical support to international, regional, and national mechanisms engaged in monitoring, investigating, and reporting human rights violations, as appropriate;

Creating the conditions conducive to the delivery of humanitarian assistance:

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;

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;

Supporting the Implementation of the Agreement:

To carry out, within its capabilities, the following tasks in support of the implementation of the Agreement:

To support the planning and establishment of agreed transitional security arrangements, including support to the Joint Operations Centre;

To support, in coordination with the United Nations Country Team, as appropriate, the work of a National Constitutional Amendment Committee (NCAC) and the incorporation of the Agreement into the Transitional Constitution of the Republic of South Sudan, upon request of the parties to the Agreement;

iii

To support, in coordination with the United Nations Country Team, as requested by the TGNU, the permanent constitution-making process, consistent with the Agreement, including providing technical assistance to the National Constitutional Review Commission for the drafting process and supporting public consultations during the constitution-making process;

To assist the parties to develop a strategy to address disarmament, demobilization, reintegration (DDR) and security sector reform (SSR) activities;

To participate in and support the CTSAMM in implementation of its mandate to monitor the separation, assembly and cantonment of forces consistent with the Agreement, including to provide support for mobile and dedicated fixed site security;

To actively participate in and support the work of the JMEC;

vii

To advise and assist, as appropriate, the National Elections Commission, in coordination with members of the United Nations Country Team, consistent with the Agreement;

viii

To support the establishment and operationalization of an inclusive Joint Integrated Police (JIP), in coordination with members of the UN Country Team, by providing training support and advisory assistance, consistent with the HRDDP, including for the development and implementation of a training curriculum and strategic planning;

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;

To advance in cooperation with the TGNU the safety and security of the people of South Sudan and to create an enabling environment for implementation of the Agreement, decides that UNMISS shall continue to include a Regional Protection Force (RPF), and authorizes the RPF to use all necessary means, including undertaking robust action where necessary and actively patrolling, to accomplish the RPF mandate, to:

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;

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;

Affirms the Security Council’s intention to consider appropriate measures, to address the evolving situation in South Sudan, including those measures described in the Annex of resolution 2304 (2016), in case of political or operational impediments to operationalizing the RPF or obstructions to UNMISS in performance of its mandate due to the actions of the TGNU and all other parties to the conflict in South Sudan;

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 9 above includes authority to use all necessary means to protect United Nations personnel, installations and equipment to deter violence especially through proactive deployment and active patrolling, to protect civilians from threats, regardless of source, to create conditions conducive to delivery of humanitarian assistance by international and national actors, and support implementation of the Agreement, 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, 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;

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 JMEC, the AU and other actors, as well as the parties, with implementation of the Agreement and to promote peace and reconciliation, 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 a cessation of hostilities and lead the parties to an inclusive peace process and to support the TGNU’s implementation of an inclusive Agreement, and to further strengthen its work to this end with the Chair of the JMEC and the AU High Representative in South Sudan and in the region;

Requests the Secretary-General to prioritize the complete deployment of UNMISS personnel to the authorized military and police strength, including tactical military helicopters, unarmed unmanned aerial systems, and necessary enablers for the RPF;

Requests UNMISS to take fully into account gender considerations as a crosscutting issue throughout its mandate, reaffirms the importance of appropriate gender expertise and training in all missions mandated by the Security Council, and further 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;

Requests UNMISS to continue to intensify its presence and active patrolling in areas of high risk of conflict, high concentrations of IDPs and refugees, 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 eventual safe 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;

Recalls resolution 2272 (2016) and further requests the Secretary-General to take the necessary measures to ensure full compliance of UNMISS with the United Nations zero tolerance policy on sexual exploitation and abuse and to keep the Council fully informed through his regular country-specific reports to the Council about UNMISS’ progress in this regard, including with respect to the implementation of resolution 2272 (2016);

Encourages 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;

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; 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;

Condemns in the strongest terms attacks on and threats made to UNMISS personnel and United Nations facilities, as well as those of IGAD, 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 TGNU 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;

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 Mission chain of command, increase the effectiveness of UNMISS operations, strengthen safety and security of personnel, and enhance UNMISS’ ability to manage complex situations;

Reiterates its request that UNMISS continue to take measures, as appropriate, to ensure the security of its air operations in South Sudan and report thereon to the Council;

Condemns in the strongest terms attacks on and looting of humanitarian aid, including food and medicine, and premises, including hospitals 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 stresses 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;

Further demands that all parties immediately cease all forms of violence, human rights violations and abuses, violations of international humanitarian law, including rape and other forms of sexual and gender-based violence, and hold perpetrators accountable, in order to break the prevailing cycle of impunity;

Condemns all violations of applicable international law, including international humanitarian law and violations and abuses of international human rights committed by all parties to the conflict, in particular against children, and strongly urges parties to implement conclusions and commitments as described in paragraph 25 of resolution 2252 (2015) to end violations and abuses against children, including the immediate release of all children in their ranks;

Strongly urges the SPLA, SPLA-IO, and other armed groups to prevent further commission of sexual violence, urges the TGNU 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 SPLA leadership to issue specific command orders regarding prevention of conflict-related sexual violence, and demands the TGNU show concrete steps to hold perpetrators within their ranks accountable for crimes of sexual violence;

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 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;

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 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 Secretary-General to continue to make available technical assistance to the Commission of the African Union and to the TGNU in setting up the Hybrid Court for South Sudan and for the implementation of other aspects of Chapter V of the Agreement, including with regard to the establishment of the Commission for Truth, Reconciliation, and Healing;

Calls upon the Government of South Sudan 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;

Further calls upon the Government of South Sudan, while taking note of paragraph 3.2.2 of Chapter V of the 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;

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

Reports

Requests that the Secretary-General provide detailed information within 30 days on force generation, restructuring of the UNMISS force, logistical support and enablers, and civilian personnel to implement the mandate, as well as whether the TGNU has maintained its consent in principle to deployment of the RPF and not imposed any political or operational impediments to operationalizing the RPF or obstructed UNMISS in the performance of its mandate, and requests the Secretary-General to review needs on the ground, and provide an updated assessment of the RPF’s operations, deployment, and future requirements, as well as any political or operational impediments to operationalizing the RPF and obstructions to UNMISS in performance of its mandate, within 30 days after the adoption of this resolution, and every 30 days thereafter;

Requests the Secretary-General to report to the Council on implementation of the UNMISS mandate including UNMISS’ RPF as well as to report on progress in implementing the HRDDP per paragraph 17 above, an update on how UNMISS is working toward fulfilling its protection of civilian duties, including but not limited to new patrol areas and proactive deployment per paragraph 15 above, and the consideration of gender as cross cutting through the mandate per paragraph 14 above, and to present the recommendations on the steps to adapt UNMISS to the situation on the ground and to increase efficiency of the implementation of its mandate in a same comprehensive written report to be submitted within 90 days of the date of adoption of this resolution, and every 90 days thereafter;

Recalls the paragraph 6 of resolution 2304 (2016), requests the Secretary-General to continue consulting with Troop- and Police- contributing countries, to enhance the safety and security of UNMISS’s personnel to enable UNMISS to execute effectively its mandate in a complex security environment, and requests that the Secretary-General report in his regular reports to the Council on steps taken to enhance the safety and security of UN personnel, as well as report on reforms to better enable UNMISS to implement its mandate, including improving chain of command, increasing effectiveness of UNMISS operations, enhancing UNMISS’ ability to manage complex situations, per paragraph 18 above;

Requests the Secretary-General to provide within 6 months of adoption of this resolution a review of progress made by the parties in ceasing hostilities, returning to the path of dialogue, and achieving inclusiveness within the government, as well as recommend any relevant adjustments to the UNMISS mandate;

Requests the Secretary-General to report, through his regular 90-day reports, on the technical assistance provided consistent with paragraph 27 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 Secretary-General’s reports to assess the work that has been done in the establishment of the Hybrid Court in line with international standards;

Decides to remain seized of the matter.

Who adopted this document and its mandates?

Which reports were submitted under this mandate?

What subjects does this mandate have?

What’s in this document?

Reports

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