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UN Resolution 1996 on South Sudan (July 8, 2011). The text

Resolution 1996 (2011) adopted by the United Nations Security Council (New York, 8 July 2011)

Security Council - 6576e session – morning

Text of resolution S/RES/1996 (2011)

(French version at download here)

Security Council,

Welcoming the creation of the Republic of South Sudan, on July 9, 2011, the day of the proclamation of its independence,

Declaring himself again strongly committed to the sovereignty, independence, territorial integrity and national unity of the Republic of South Sudan,

reminiscent that, in her statement of 11 February 2011, its President affirmed that the assumption of their interests and the exercise of their responsibilities by the States were an essential condition for the establishment of a lasting peace, and that this national authorities were above all responsible for defining the priorities and strategy for consolidating peace when a country emerges from conflict,

stressing that, in order to consolidate peace, it is necessary to adopt a global and integrated approach which reinforces the coherence of activities of a political nature and those relating to security, development, human rights and the establishment of the rule of law, and which addresses the underlying causes of conflict, and emphasizing that security and development are closely linked and interdependent and are essential conditions for lasting peace,

lamenting the persistence of conflict and violence and its impact on civilians, including the killing and displacement of large numbers of civilians, and noting the importance of ongoing collaboration and dialogue with civil society to enhance security and ensure the protection of civilians,

stressing that the coherence of the activities carried out by the United Nations in the Republic of South Sudan must be ensured and that, to this end, it is necessary to clearly define the roles, responsibilities and modalities of collaboration between the MANSR and the UN Country Team, and noting that collaboration should be established with other relevant actors present in the region, in particular the African Union-United Nations Hybrid Operation in Darfur (UNAMID), the United Nations Interim Security Force for Abyei (UNISFA) and the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO),

reminiscent his previous statements on post-conflict peacebuilding, emphasizing the importance of developing the institutional infrastructure, a critical element of peacebuilding, and emphasizing on the need for a more effective and coherent national and international response so that countries emerging from conflict can perform key functions of government, including peacefully managing political disputes and making better use of national potential and country prospects , in order to ensure national ownership of this process,

stressing the decisive role played by the United Nations through the support it provides to national authorities, in close consultation with international partners, with a view to consolidating peace and preventing a return to violence and, for To do this, to develop a strategy as soon as possible focused on national priorities for peacebuilding, including the establishment of key government functions, the provision of basic public services, the establishment of the state of law, respect for human rights, management of natural resources, strengthening of the security sector, the fight against youth unemployment and economic recovery,

Aware the need to support peacebuilding efforts to lay the foundations for sustainable development,

stressing that stronger and well-defined partnerships should be created between the United Nations, development agencies, bilateral partners, and other relevant actors, including regional and subregional organizations and international financial institutions, to implement national strategies aimed at establishing an effective institutional infrastructure based on national ownership, the achievement of results and mutual accountability,

Aware that it will need to be flexible in order to make the necessary adjustments taking into account, as appropriate, the priorities of the Mission, in the light of progress made, lessons learned or changes in the situation on the ground,

Believing that there is a need to expand and strengthen the pool of civilian experts, particularly from developing countries and women, to help build national capacities and engaging Member States, the United Nations and other relevant partners to strengthen cooperation and coordination with a view to mobilizing the skills required to support the peacebuilding efforts of the Government and the people of the Republic of the South Sudan,

reminiscent its resolutions 1612 (2005) and 1882 (2009) and the statements of its President dated 29 April 2009 (S/PRST/2009/9) and 6 June 2010 (S/PRST/2010/10) on children and armed conflicts, and taking note the reports of the Secretary-General on children and armed conflict in the Sudan dated 10 February 2009 (S/2009/84) and 29 August 2007 (S/2007/520), and conclusions approved by the Council Working Group on children and armed conflict in the Sudan (S/AC.51/2009/5),

reaffirming its resolutions 1674 (2006) and 1894 (2009) on the protection of civilians in armed conflict, and 1502 (2003) on the protection of United Nations personnel and humanitarian personnel in areas of conflict,

reaffirming its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) on women, peace and security and recalling the need for women to participate fully, effectively and on an equal footing at all stages of peace processes, given the crucial role they play in the prevention and resolution of conflicts, as well as in the consolidation of peace, reaffirming the key role that women can play in repairing the social fabric of post-conflict countries, and emphasizing that women must be involved in the development and implementation of post-conflict strategies so that their perspectives and needs are taken into account,

stressing the importance of taking into account best practices, lessons learned and lessons learned from other missions, including troop-contributing countries, in line with ongoing peacekeeping reform initiatives, including New Horizons Report, Global Field Support Strategy and Civilian Capability Review,

bearing in mind the agreement concluded on 20 June 2011 between the Government of the Sudan and the Sudan People's Liberation Movement concerning the temporary arrangements for the administration and security of the Abyei area; the Framework Agreement concluded on 28 June 2011 between the Government of the Sudan and the Sudan People's Liberation Movement (North) on Security Arrangements and Conflict Resolution in Southern Kordofan and Blue Nile States; and the agreement reached on 29 June 2011 between the Government of Sudan and the Government of Southern Sudan on border security and the joint political and security mechanism,

Considering that the situation in Southern Sudan continues to pose a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1.    Decided to establish, with effect from 9 July 2011, the United Nations Assistance Mission in the Republic of South Sudan (UNUSSR) for an initial period of one year, with the intention of extending its mandate for further periods as required appropriate, and further decides that the strength of the MANUSSR will consist of a maximum of 7 military personnel, including military liaison officers and staff officers, up to 000 civilian police, including formed units if necessary, as well as a appropriate civilian component including human rights investigation specialists, and further decides to examine in three months, and again in six months, whether the situation on the ground makes it possible to reduce the military strength to 6 men;

2.    Welcomes with satisfaction the appointment by the Secretary-General of his Special Representative for the Republic of South Sudan and requests the Secretary-General, through his Special Representative, to lead the operations of an integrated MANUSSR, to coordinate all activities of the United Nations system in the Republic of South Sudan, and to promote a coherent international approach for the establishment of a stable peace in the Republic of South Sudan;

3.    Decided that the MANSR will have the mandate to consolidate peace and security and help establish conditions conducive to development in the Republic of South Sudan, with a view to strengthening the capacity of the Government of the Republic of South Sudan to administer effectively and democratically the country and to establish good relations with its neighbours, and so allow the MINUSSR to carry out the following tasks:

(a) Support for peacebuilding to foster state-building and longer-term economic development, through the following activities:

i) Good offices, advice and support to the Government of the Republic of South Sudan in the areas of political transition, governance and establishment of State authority, including in relation to the formulation national policies in this area;

(ii) Promoting people's participation in political processes, including through advising and supporting the Government of the Republic of South Sudan on the establishment of an inclusive constitutional process; the holding of elections in accordance with the constitution; support for the establishment of independent media; and measures to ensure women's participation in decision-making bodies;

(b) Support to the Government of the Republic of South Sudan in the exercise of its responsibilities for the prevention, mitigation and resolution of conflicts, and the protection of civilians, through the following activities:

(i) Good offices, confidence-building measures and, within available means, mediation at the national, state and county levels, for the purposes of conflict anticipation, prevention, mitigation and resolution;

(ii) Development and implementation of a Mission-wide early warning capability, as part of an integrated approach to information gathering, monitoring, verification and dissemination, early warning and monitoring mechanisms;

(iii) Monitoring, investigation and verification of the human rights situation and threats to the civilian population, as well as the risks of violations and actual violations of international humanitarian law and human rights law , and submission of periodic reports on the matter, as appropriate in collaboration with the Office of the United Nations High Commissioner for Human Rights, and immediate notification of the Council on any gross violation of human rights;

(iv) Assistance and support to the Government of the Republic of Southern Sudan, including military and police at the national and local levels as appropriate, in discharging its responsibility to protect civilians, in accordance with international humanitarian law, human rights law and refugee law;

(v) Prevention of violence, including through the deployment of troops as a preventive measure and the organization of patrols in high-risk areas, within the limits of available means, protection of civilians under imminent threat of acts of physical violence in areas of deployment, particularly where the Government of the Republic of Southern Sudan fails to provide such protection;

(vi) Measures to ensure the security of United Nations personnel and humanitarian personnel, as well as of the installations and equipment necessary for the execution of the mandated tasks, bearing in mind the importance of the mobility of the Mission, and contributing to the establishment of security conditions in which humanitarian aid can be delivered safely, without delay and without hindrance;

c) Support to the Government of the Republic of South Sudan, in accordance with the principles of country ownership and in cooperation with the United Nations country team and other international partners, to help it develop its capacity provide security, establish the rule of law and strengthen the security and justice sectors, through the following activities:

(i) Support for the development of strategies to reform the security sector, establish the rule of law and establish a judicial system, including human rights capacities and institutions;

ii) Support to the Government of the Republic of South Sudan to develop and implement a national disarmament, demobilization and reintegration strategy, in cooperation with international partners, paying particular attention to specific needs women and child combatants;

(iii) Strengthening the capacity of the Republic of South Sudan Police Service through policy advice, planning and drafting of legislation, as well as training and mentoring in core areas;

(iv) Support to the Government of the Republic of South Sudan to design a military justice system that is complementary to the civilian justice system;

(v) Assistance in creating a protective environment for children affected by armed conflict, through a monitoring and reporting mechanism;

(vi) Support to the Government of the Republic of South Sudan to conduct mine clearance activities, within the limits of available resources, and strengthening the capacity of the Republic of South Sudan Mine Action Service to apply the international mine action standards;

4.    Authorized the MANUSSR to employ all necessary means, within its capability and in the areas in which its units are deployed, to carry out its protection mandate set out in subparagraphs (iv), (v) and (vi) of subparagraph b ) subsection 3;

5.    Request the Government of Sudan and the Government of the Republic of South Sudan to propose, no later than July 20, the terms and conditions for the application of the June 29 agreement on border surveillance and, failing that, request the MANSR to observe and report any movement of persons, arms and related materiel across the border;

6.    Exige that the Government of the Republic of South Sudan and all parties concerned extend their full cooperation to the deployment and operations of the MANSR, as well as to its monitoring, verification and reporting functions, in particular by guaranteeing the security and full freedom of movement of United Nations and associated personnel throughout the Republic of South Sudan;

7.    Request to all Member States to facilitate the free, unhindered and time-saving movement to and from the Republic of South Sudan of all personnel of the MANSR, as well as equipment, food and supplies and other goods, including vehicles and spare parts for the exclusive and official use of the Mission;

8.    Also request all parties to ensure, in accordance with applicable international law, that humanitarian workers have full, safe and unimpeded access to all those in need and that humanitarian aid is delivered , in particular to displaced persons and refugees;

9.    Exige that all parties, in particular the rebel militias and the Lord's Resistance Army, immediately cease all forms of violence and human rights violations committed against the civilian population in Southern Sudan, particular acts of sexual violence, including rape and other sexual abuse, as well as abuse and acts of violence committed against children in violation of applicable international law, such as recruitment, use, murder, maiming and child abduction, In accordance with the specific and time-bound commitments made under resolution 1960 to combat sexual violence and violence and abuse against children;

10.   Request the Government of the Republic of South Sudan and the Sudan People's Liberation Army to renew the action plan it signed with the United Nations on 20 November 2009 to end the recruitment and employment of child soldiers, which expired in November 2010, prie the MANSR to advise and assist the Government of the Republic of South Sudan in this field and prie the Secretary-General to strengthen the protection of children within the framework of the activities of the United Nations system in the Republic of South Sudan and to ensure that the situation of children is constantly monitored and regularly reported on the matter;

11.   Engage the Government of the Republic of South Sudan to ratify and implement key international human rights treaties and conventions, including those relating to women and children, refugees and stateless persons, and prie the MANSR to advise and assist the Government of the Republic of South Sudan in this field;

12.   Request the Government of the Republic of South Sudan to take steps to improve the participation of women in the implementation of the outstanding provisions of the Comprehensive Peace Agreement and post-independence arrangements, and to strengthen the participation of Southern Sudanese women in public decision-making at all levels, including by facilitating their access to positions of responsibility, supporting women's organizations and combating prejudices regarding the ability of women to participate in the public life on an equal footing with men;

13.   Request the authorities of the Republic of South Sudan to fight impunity and hold accountable for their acts all perpetrators of violations of human rights and international humanitarian law, including those committed by illegal armed groups or elements the Republic of South Sudan Security Forces;

14.   Request the Government of the Republic of South Sudan to put an end to prolonged or arbitrary detentions, and to establish, in cooperation with international partners, a safe and humane prison system based on advice and technical assistance, and prie the MANSR to advise and assist the Government of the Republic of South Sudan in this field;

15.   Request the MANUSSR to coordinate its action with the Government of the Republic of South Sudan and to participate in regional coordination and information mechanisms in order to improve the protection of civilians and to support disarmament, demobilization and reintegration in view of the attacks perpetrated by the Lord's Resistance Army in the Republic of South Sudan, and prie the Secretary-General to include, in his quarterly reports on the MANSR, a summary of cooperation and information-sharing activities aimed at combating the threat posed by the Lord's Resistance Army, between the MANSR, Operation African Union-United Nations Hybrid in Darfur (UNAMID), the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), as well as regional and international partners;

16.   Pray the Secretary-General to transfer to the MANUSSR, at the time of its creation, the functions under its mandate which are currently carried out by UNMIS, as well as the personnel and logistics necessary to carry out the new range of functions, and to begin to liquidate UNMIS in an orderly fashion;

17.   Authorized the Secretary-General to take the necessary steps to ensure cooperation with other missions and authorized, up to the troop ceiling defined in paragraph 1 above, appropriate transfers of troops from other missions, subject to the agreement of the troop-contributing countries and without prejudice to the execution of the mandates of these United Nations missions United;

18.   Pray the Special Representative of the Secretary-General for the MANUSSR to work with the Government of the Republic of South Sudan, the United Nations country team, as well as with bilateral and multilateral partners, including the World Bank, and to report within four months on a United Nations system support plan for specific peacebuilding activities, including security sector reform, institutional strengthening of the police, rule of law and justice sector support, human rights capacity building, early recovery, national policy development on key aspects of building and state development, the creation of conditions conducive to development in line with national priorities and with a view to contributing to the development of a common framework for monitoring progress in these areas;

19.   also pray the Secretary-General to report to him on the expected timeline for the deployment of all elements of the Mission, including the status of consultations with troop- and police-contributing countries and the deployment of key actors ; and emphasizing the importance of setting achievable and realistic goals against which the progress of the MANSR can be measured, prie the Secretary-General, following consultations with the Government of the Republic of South Sudan, to submit to it criteria for the Mission within four months, and to keep it regularly informed of progress every four months thereafter ;

20.   Highlighted that it is important for the United Nations, international financial institutions and bilateral and multilateral partners to work closely with the Government of the Republic of South Sudan to ensure that international assistance reflects national priorities, including the development plan for Southern Sudan, and can provide priority support that responds to the particular needs and imperatives of the Republic of Southern Sudan; and prie the Special Representative of the Secretary-General to represent the United Nations system in international assistance mechanisms and mechanisms;

21.   Encourages the Secretary-General to analyze the ideas set out in the independent report of the High-Level Advisory Group on Civilian Capabilities in Post-Conflict Situations that could be applied to the Republic of South Sudan;

22.   Pray in particular the Secretary-General to use, to the extent possible, all opportunities to combine mission components with comparable entities of the Republic of South Sudan with a view to strengthening national capacities; and to explore the possibilities of rapidly reaping the dividends of peace by buying locally and otherwise increasing, to the greatest extent possible, the contribution of the MANSR to the economy;

23.   Pray the Secretary-General to continue to take the necessary steps to ensure that the MANSR strictly implements the UN zero-tolerance policy on sexual exploitation and abuse and to keep him fully informed in this regard, and urges troop-contributing countries to take appropriate preventive measures, including providing pre-deployment sensitization to personnel, and ensuring that in the event of misconduct by their personnel, they are held accountable held fully accountable;

24.   Reaffirme the importance of appropriate knowledge and training in gender issues within the framework of the missions it has decided upon in accordance with its resolutions 1325 (2000) and 1820 (2008), remember the need to combat violence against women and girls used as an instrument of war, welcomes the appointment of advisers for the protection of women in accordance with its resolutions 1888 (2009), 1889 (2009) and 1960 (2010), prie the Secretary-General to establish mechanisms for monitoring, analysis and reporting on conflict-related sexual violence, including rape in armed conflict and post-conflict situations and other situations to which resolution 1988 (2009) applies, as appropriate, and encouragement the MANSR and the Government of the Republic of South Sudan to deal actively with these issues;

25.   Pray the Secretary-General to take into account the special needs of people affected by and vulnerable to HIV, in particular women and girls, when carrying out the tasks entrusted to him and, in this context, encouragement the incorporation into the Mission, as appropriate, of prevention, treatment, care and support programmes, including voluntary and confidential counseling and testing;

26.   Pray the Secretary-General and the Government of the Republic of South Sudan to conclude, within 30 days of the adoption of this resolution, a status-of-forces agreement taking into account General Assembly resolution 58/82 the scope of the legal protection afforded by the Convention on the Safety of United Nations and Associated Personnel and decides that pending the conclusion of such an agreement, the standard agreement dated 9 October 2010 (A/ 45/594), will apply;

27.   Decided that this resolution will take effect on July 9, 2011;

28.   Decided to remain actively seized of the matter.

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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