"We the willing, led by the unknowing, are doing the impossible for the ungrateful. We have done so much, with so little, for so long, we are now qualified to do anything, with nothing" By Konstantin Josef Jireček, a Czech historian, diplomat and slavist.
Photo/FILE UN Security Council members vote during a past meeting at the headquarters in New York.
United States of America: draft resolution before The Security Council,
Security Council
SC/10632
Department of Public Information • News and Media Division • New York
Security Council
6764th Meeting (AM)
Security Council Calls for Immediate Halt to Fighting Between Sudan, South Sudan,Resumption of Negotiations, Unanimously Adopting Resolution 2046 (2012)
Lays Out Time Frame to Conclude Negotiations under Auspices of AfricanUnion;
Expresses Intent to Take Measures under Article 41 on Sanctions for Non-compliance
Condemning the repeated incidents of cross-border violence between Sudan and South Sudan, including seizure of territory, support to proxy forces and aerial bombing, the Security Council this morning decided that Sudan and South Sudan must immediately cease all hostilities, withdraw forces, activate previously-agreed security mechanisms, and resume negotiations under threat of sanctions.
Acting under the binding Chapter VII of the United Nations Charter in unanimously adopting resolution 2046 (2012), the Council decided that the parties must formally convey their commitments to end hostilities, including aerial bombardments, not later than 48 hours from the adoption of the resolution to the African Union and the Security Council. Within one week, they must activate border security mechanisms, including the Joint Border Verification and Monitoring Mechanism, without prejudice to ongoing negotiations on disputed areas.
Within no more than two weeks, the Council decided in addition, Sudan and South Sudan must unconditionally resume negotiations under the auspices of the African Union High-level Implementation Panel to reach consensus on oil and related payments, the status of nationals of one country residing in the other, demarcation of borders and the final status of the disputed Abyei area. If those negotiations failed to result in agreements within three months, the Council requested the Secretary-General, in consultation with African partners, to report on the status of talks.
In addition, the Council decided that the Government of Sudan and the Sudan People’s Liberation Movement-North (SPLM-N) must cooperate with the High-level Implementation Panel and the Chair of the Intergovernmental Authority for Development (IGAD) to reach a negotiated settlement on security arrangements in Blue Nile and South Kordofan States, strongly urging them to accept the tripartite proposal of the African Union, the United Nations and the Arab League to permit humanitarian access to the population in those two areas.
On all issues regarding compliance with the resolution, the Council requested the Secretary-General to work closely with the African Union and other African partners and inform the Council within 15 days and in two week intervals thereafter, expressing its intention, in the event that any or all of the parties have not complied with its decisions, “to take appropriate additional measures under Article 41 of the Charter as necessary”, referring to the Article on sanctions.
Following the adoption of the text, Council members took the floor to urge both parties to avert a greater conflagration by compliance with the resolution and to complete the implementation of the Comprehensive Peace Agreement, which ended the decades-long Sudanese civil war. “Both countries are on the brink of returning to the horrors of the past, taking the entire region with them,” the representative of the United States warned.
Most speakers expressed strong support for the work of the African Union’s High-level Implementation Panel, with some saying that a main impetus for their affirmative vote for the resolution was the text’s support for the central role of that body. Some speakers directly warned of their willingness to impose sanctions if compliance was not obtained, while others, including China’s representative, reiterated general reticence on imposing such measures. While most speakers accorded equal blame for recent violence on the parties, some, including the representative of the Russian Federation, urged a stronger response to South Sudan’s occupation of Heglig, urging that an assessment of damage and other actions be taken.
Taking the floor following Council members, the representatives of South Sudan and Sudan welcomed the Council’s strong support for the African Union’s role in trying to bring about a peaceful resolution of the Conflict. South Sudan’s representative underlined his country’s withdrawal from Heglig and called for efforts to bring about Sudan’s withdrawal from Abyei, also requesting international humanitarian aid.
Sudan’s representative welcomed the condemnation of the occupation of Heglig, but said that the lack of a timeframe for ending support to rebel groups in Sudan would make it harder to achieve peace, and he said his country was not bombing outside its own territory. He also noted that the African Union decisions on the matter had not advocated the imposition of sanctions.
Representatives of South Africa, India, Germany, Colombia, France, Togo, Morocco, United Kingdom, Pakistan, Guatemala, Portugal and Azerbaijan also spoke.
The meeting began at 11:04 a.m. and ended at 12:09 p.m.
Resolution
The full text of resolution 2046 (2012) reads as follows:
“The Security Council,
“Recalling its previous resolutions and statements on the situation in Sudan and South Sudan, in particular resolutions 1990 (2011), 2024 (2011) and 2032 (2011), and its presidential statements of 6 March 2012 and 12 April 2012, andfurther recalling the priority it attaches to the full and urgent advancement of all outstanding issues from the Comprehensive Peace Agreement,
“Reaffirming its strong commitment to the sovereignty, independence, unity, and territorial integrity of Sudan and South Sudan, and to the purposes and the principles of the United Nations Charter,
“Noting paragraph 7 of the 24 April 2012 decision of the Peace and Security Council of the African Union at its 319th meeting, and reiterating that the territorial boundaries of states shall not be altered by force, and that any territorial disputes shall be settled exclusively by peaceful means,
“Recalling the importance of the principles of the peaceful settlement of international disputes, good neighborliness, non-interference and regional cooperation,
“Deeply committed to seeing Sudan and South Sudan become two economically prosperous states living side-by-side in peace, security, and stability, andunderlining the importance of building mutual trust, confidence and an environment conducive to long-term stability and economic development,
“Condemning the repeated incidents of cross-border violence between Sudan and South Sudan, including troop movements, the seizure and occupation of Heglig, support to proxy forces, and Sudanese Armed Forces aerial bombardments,
“Condemning actions by any armed group aimed at the forced overthrow of the Government of either Sudan or South Sudan,
“Expressing deep concern at the humanitarian situation created by the fighting between Sudan and South Sudan, and the continued fighting in the states of Southern Kordofan and Blue Nile, in Sudan,
“Strongly condemning all acts of violence committed against civilians in violation of international humanitarian law and human rights law,
“Welcoming the withdrawal from Heglig of the army of South Sudan and callingfor the immediate cessation of aerial bombardments by the Sudanese Armed Forces against South Sudan,
“Strongly condemning the violations of human rights of non-combatants in the affected area, the damage to economic infrastructure, in particular oil installations, and all inflammatory statements, which result in mutual demonization and the threat of hostile action by extremist elements, including xenophobic attacks,
“Calling for an impartial fact finding effort to assess the losses and economic and humanitarian damage, including to oil facilities and other key infrastructure, in and around Heglig,
“Expressing deep concern at the fate of the nationals of both countries resident in each other’s territory, following the end of the transition period that occurred on 8 April 2012,
“Recalling the June 29, 2011 Agreement Between the Government of the Sudan and the Government of Southern Sudan on Border Security and the Joint Political and Security Mechanism, taking note of the commitment in Paragraph 2 to create a safe demilitarized border zone (SDBZ), and the 30 July 2011 Agreement on the Border Monitoring Support Mission Between the Government of Sudan and the Government of South Sudan, which elaborates on the establishment of a Joint Border Verification and Monitoring Mechanism (JBVMM) with an area of responsibility corresponding to the SDBZ, and a Joint Political and Security Mechanism (JPSM),
“Recognizing the urgent need for Sudan and South Sudan to commence the process of border demilitarization,
“Deploring the failure of Sudan and South Sudan security forces to redeploy from the Abyei Area in accordance with their Agreement of 20 June 2011 and resolution 1990 (2011),
“Convinced that there can be no military solution to the conflict in Southern Kordofan and Blue Nile, and stressing the urgent need for a political and negotiated solution, based on respect for diversity in unity,
“Reaffirming its previous resolutions 1674 (2006) and 1894 (2009) on the protection of civilians in armed conflict, 1612 (2006), 1882 (2009), and 1998 (2011) on children and armed conflict, 1502 (2003) on the protection of humanitarian and United Nations personnel, and 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) on women, peace and security,
“Welcoming the continuing efforts of the African Union to support Sudan and South Sudan in addressing the legacy of conflict and bitterness in Sudan, notably through the conclusion of the January 2005 Comprehensive Peace Agreement (CPA), its implementation, in particular the holding of the referendum on self-determination of South Sudan, and the negotiations on post-secession relations,
“Commending the efforts of the AU High-level Implementation Panel, including its Chairman President Thabo Mbeki, former Presidents Abdulsalami Abubakar and Pierre Buyoya, the Chairperson of the Intergovernmental Authority on Development, Ethiopian Prime Minister Meles Zenawi, the Special Envoy of the Secretary-General for Sudan and South Sudan, Haile Menkerios, and the United Nations Interim Security Force for Abyei (UNISFA) under the leadership of Lieutenant General Tesfay Tadesse,
“Expressing its full support for the 24 April 2012 decision of the Peace and Security Council of the African Union at its 319th meeting on the situation between the Republic of Sudan and the Republic of South Sudan, in order to ease the current tension, facilitate the resumption of negotiations on post-secession relations and the normalization of their relations, including, in particular the road map outlined in that decision,
“Determining that the prevailing situation along the border between Sudan and South Sudan constitutes a serious threat to international peace and security,
“Acting under Chapter VII of the Charter of the United Nations,
“1. Decides that Sudan and South Sudan shall take the following actions with immediate effect
unless otherwise specified below:
(i) immediately cease all hostilities, including aerial bombardments, with the parties formally conveying their commitment in this respect to the Chairperson of the African Union Commission and the President of the Security Council not later than 48 hours from the adoption of this resolution;
(ii) unconditionally withdraw all of their armed forces to their side of the border, in accordance with previously adopted Agreements, including the Agreement on the Border Monitoring Support Mission of 30 July 2011;
(iii)activate, within no more than a week of the adoption of this resolution, the necessary border security mechanisms, namely the Joint Border Verification and Monitoring Mechanism (JBVMM) and the Safe Demilitarized Border Zone (SDBZ), in accordance with the administrative and security map presented to the Parties by the AUHIP in November 2011, it being understood that this map in no way prejudices ongoing negotiations on the disputed areas and demarcation of the border;
(iv) cease the harbouring of, or support to, rebel groups against the other State;
(v) activate the ad hoc Committee, under the Joint Political and Security Mechanism, to receive and investigate complaints and allegations made by one party against the other;
(vi) immediately cease hostile propaganda and inflammatory statements in the media, as well as any attacks against the property, religious and cultural symbols belonging to the nationals of the other State, with the two Governments assuming full responsibility for the protection of each other’s nationals in line with international principles, consistent with the Framework Agreement on the Status of Nationals of the Other State and Related Matters initialled in March 2012;
(vii)implement pending aspects of the 20 June 2011 Agreement on Temporary Security and Administrative Arrangements for the Abyei Area, in particular the redeployment, within no more than two weeks of the adoption of this resolution, of all Sudanese and South Sudanese forces out of the Abyei Area;
“2. Decides that Sudan and South Sudan shall unconditionally resume negotiations, under the auspices of the AUHIP and with the support of the Chairman of IGAD, at a time to be set by the AUHIP in consultation with relevant international partners, but within no more than two weeks from the time of adoption of this resolution, to reach agreement on the following critical issues:
(i) arrangements concerning oil and associated payments;
(ii) the status of nationals of one country resident in the other, consistent with the Framework Agreement on the Status of Nationals of the Other State and Related Matters initialled in March 2012;
(iii) resolution of the status of the disputed and claimed border areas and the demarcation of the border; and
(iv) the final status of the Abyei Area;
“3. Decides that the Government of Sudan and the SPLM-North shall extend full cooperation to the AUHIP and the Chair of IGAD, to reach a negotiated settlement on the basis of the 28 June 2011 Framework Agreement on Political Partnership between NCP and SPLM-N and Political and Security Arrangements in Blue Nile and Southern Kordofan States;
“4. Strongly urges Sudan and the SPLM-Ntoaccept the tripartite proposal submitted by the African Union, the United Nations and the League of Arab States, to permit humanitarian access to the affected population in the two areas,ensuring in accordance with applicable international law, including applicable international humanitarian law, and guiding principles of emergency humanitarian assistance, the safe, unhindered and immediate access of United Nations and other humanitarian personnel, as well as the delivery of supplies and equipment, in order to allow such personnel to efficiently perform their task of assisting the conflict-affected civilian population;
“5. Decides that the negotiations referred to in paragraph 2 above shall be concluded within three months of the adoption of this resolution, and in the event these negotiations fail to result in an agreement on any or all of the issues within the allotted timeframe of three months, requests the Secretary-General, in consultation with the AUHIP, the Chair of IGAD, and the Chairman of the AU Commission, to report within four months of the date of this resolution to the Security Council on the status of the negotiations, including detailed proposals on all outstanding issues;
“6. Requests the Secretary-General to consult with the African Union on the implementation of this resolution and the decisions of the AU PSC, to work closely with the AUHIP in support of its facilitationefforts, and to inform the Security Council within 15 days and in two week intervals thereafter on the status of compliance by Sudan, South Sudan, and the SPLM-N with the decisions set forth in this resolution, and expresses itsintention, in the event that any or all of the parties have not complied with the decisions set forth in this resolution, to take appropriate additional measures under Article 41 of the Charter as necessary;
“7. Calls upon all parties to promote and protect human rights, including those of women and people belonging to vulnerable groups, to comply with their obligations under international law, including international humanitarian and international human rights law, and calls for those responsible for serious violations of such law, including sexual violence, to be held accountable;
“8. Commends the efforts by UNISFA in carrying out its mandate,expressesits deep appreciation for the work of the Force Commander and the troop-contributing countries, and expressesits intention to evaluate the mandate of UNISFA in the context of compliance by Sudan and South Sudan with the decisions set forth in this resolution, and with the fulfilment of their commitments as set out in the 20 June, 29 June, and 30 July 2011 Agreements;
“9. Stresses the importance of, and the need to restore, a comprehensive, just and lasting peace between Sudan and South Sudan;
“10. Decides to remain actively seized of this matter.”
Statements
SUSAN RICE( United States) welcomed the Council’s action, which underscored its strong and unanimous support for the road map for peace laid out by the African Union Peace and Security Council. The current conflict was on the verge of becoming a full scale war. Both countries were on the brink of retuning to the horrors of the past “and threatening to take the entire region with them. The fighting must stop, and stop now.” The conflict did not begin last week, last month, or last year. The tensions underlying it had long roots, most recently in unresolved issues regarding the 2005 Comprehensive Peace Agreement. For months, the international community had sent strong warnings to the parties to resolve those issues peacefully. To date, they had failed to do so.
Throughout the conflict, “there has been a long history of promises made and promises broken,” she said, stressing that, with its vote today, the Council had imposed tight deadlines for action by both sides in line with the African Union road map. The Council must continue to press both parties to implement that peace plan, including through the withdrawal of all forces from border areas, activating border security mechanisms and ending support for rebel groups working against the other State. It was also necessary for the parties to return to the negotiating table under the auspices of the African Union High-level Implementation Panel. That was the only way that further conflict could be avoided. If the parties failed to carry out all the aims of the African Union plan, the Council was united in its determination to hold them accountable by imposing Chapter VII sanctions on both sides as necessary.
She welcomed the commitment of South Sudan to abide by the African Union road map and the decisions of the Security Council. The Government of Sudan should clarify its statement of earlier today to accept the African Union road map in full. The bombing of areas in South Sudan was “deeply alarming and profoundly disturbing, especially in light of South Sudan’s recent steps towards peace.” Such actions being carried out by Sudan must halt. Meanwhile, South Sudan should refrain from any retaliation, especially cross-border attacks. Occupation of Heglig was illegal and must not happen again.
LI BAODONG (China) said his delegation was deeply worried about the deterioration in relations between the two countries. China hoped the two sides would respect each other’s sovereignty and territorial integrity and follow the path of peace laid out by the African Union. Both sides should pursue dialogue and negotiations and make joint efforts to forge good neighbourly relations. At the same time, the international community should take an objective and impartial stance on the matter and avoid taking sides. Stakeholders should also refrain from interfering in the mediation efforts.
“We are always very cautious regarding the use or threat of use of sanctions,” he said, expressing support for the African Union’s efforts to solve the dispute. China hoped both countries would cooperate with the African Union and sought an early and proper solution to the relevant issues. Taking into account the African Union’s communiqué and the request of both sides, China had voted in favour of the resolution and would continue to take an active role in working with the international community to address the issue.
BASO SANGQU ( South Africa) said that his delegation remained concerned that the current escalation had seriously damaged the relationship between Sudan and South Sudan and had brought the two States to the brink of war. It was clear that there was no military solution to the dispute. What was required was for the parties to commit to living peacefully side by side, with respect for each other’s territorial integrity. The parties must commit to the aims of the African Union road map agreed by the Peace and Security Council. That Council had called on the United Nations to endorse its road map, and South Africa was pleased the Security Council had been able to unanimously adopt the resolution, which should help the African Union as it sought to ensure the parties resumed negotiations. The onus rested with the political leadership of both countries, which must work to ensure that all their people enjoyed peace, security and development. “They must give effect to their previous commitment to never return to war,” he said.
MANJEEV SINGH PURI (India) also expressed serious concern over developments between the two countries, saying there was an urgent need to settle all issues peacefully through negotiations, under the framework of the Panel headed by Thabo Mbeki. He stressed his country’s consistent support to the efforts of the African Union High-level Implementation Panel to bring about a situation of two viable stable States in peace with one another. He hoped that the adoption of the resolution would assist those efforts.
PETER WITTIG (Germany), enumerating the worrying events of the past months, said that an unequivocal message had been sent to the parties to end what he called a clear threat to international peace and security. He strongly supported the leadership role of the African Union on the issue and urged the parties to seize the opportunity posed by the adoption of the text to return to a peaceful resolution of the issue through negotiations. He affirmed that the Council would remain focused on the issue.
VITALY CHURKIN (Russian Federation) said he had supported the resolution insofar as it supported resolution of the conflict through negotiation under the mechanisms of the African continent itself, including Mr. Mbeki’s Panel. However, in light of the severe repercussions of the occupation of the oil fields of Heglig, it was not appropriate to welcome the withdrawal of South Sudanese troops from that area. Compensation needed to be provided, among other responses. He maintained, in addition, that the situation in Sudan’s Blue Nile and South Kordofan States should not be placed under the framework of the resolution, saying that armed groups, supported from outside, were fomenting destabilization in Sudan. He urged caution in the imposition of sanctions, supported the mediation of Thabo Mbeki to normalize the situation and urged the parties to cooperate with that mediation.
NÉSTOR OSORIO (Colombia) found it regrettable that the first steps of the recently-born State of South Sudan would be acts of war. Peaceful negotiation, using regional organizations, was the only way of resolving such situations. Supporting the African Union road map of 24 April, he said it was crucial that both parties return to the spirit of compromise that made the Comprehensive Peace Agreement possible. The adoption of this resolution gave a clear sign of the firm determination of the Council not to allow the situation to worsen further. The parties must forge a relationship based on cooperation and peaceful coexistence.
MARTIN BRIENS ( France) welcomed the adoption of the text and appreciated the work done by the African Union over the past few weeks to ease tensions between the two sides and restart negotiations on unresolved issues regarding the Comprehensive Peace Agreement. Thanks to the Council’s decision today, the African Union road map now had the authority of a Chapter VII resolution, and both sides must come back to the negotiating table to deal with those unresolved issues. This was a clear way forward and it was up to the two Governments to abide by the decisions taken by the Security Council and the African Union.
KODJO MENAN (Togo) said his delegation was pleased with the Council’s action, especially since the text just adopted stipulated that urgent measures be taken, so Sudan and South Sudan could return to peace. After the African Union communiqué on the issue, it was crucial for the Council to act. Togo believed that the two countries must follow the path of peace and negotiation and, in that regard, welcomed the decision of South Sudan to withdraw its forces from border areas. Sudan should do likewise and end aerial bombardment, and both sides should return to the negotiations being led by Thabo Mbeki. Both sides should avoid confrontation and begin good faith negotiations to resolve open issues, in line with the aims of the African Union.
MOHAMMED LOULICHKI (Morocco) said his delegation had voted in favour of the text because it had called on both Governments to immediately cease violence and begin negotiations. It had also called on both sides to respect each other’s sovereignty and territorial integrity. Morocco believed that priority should be given to dialogue and negotiations. Neither side should support rebels seeking to undermine the move towards peace, and should instead return quickly to the negotiating table. Sanctions should be imposed only when there was a necessity to do so, and, quoting a recent Arab League decision, he said that Arab countries were prepared to support the negotiation process. The Arab countries had also proposed the creation of a commission of inquiry into the damage wrought by the conflict.
PHILIP PARHAM (United Kingdom) said that, in recent weeks, the Security Council had expressed its growing alarm at the escalating tensions and violence between Sudan and South Sudan. With its adoption of the current resolution, the Council had made it clear that the conflict must end. The text, with the weight of Chapter VII of the Charter, gave full support to the African Union road map, and called on both sides to agree to a cease fire and follow the African Union framework towards peace and lasting security. The resolution also called on Sudan, South Sudan and the Sudan People’s Liberation Army-North (SPLM-N) to actively find a solution to the unresolved issues regarding the Blue Nile and South Kordofan. The resolution made clear that those parties must comply with all elements of the decisions taken by the Security Council and the African Union. The United Kingdom hoped Sudan and South Sudan would choose the peace, security and prosperity that the people so desperately needed and deserved. The African Union had expressed its willingness to support all efforts towards reaching that goal.
RAZA BASHIR TARAR (Pakistan), expressing serious concern over the situation, said it was urgent for the international community to urge both parties to return to negotiations and peaceful resolution of their differences. Supporting the central role of the African Union in the situation and all conflicts in Africa, he said that the Council must stand united behind the Union in the maintenance of peace and security on the continent. The Council, however, should be cautious in the use of sanctions and he regretted that several proposals from Council members threatened to create fissures between members and that several proposals of the African Union were not taken into consideration. The tendency of the Council to respond selectively to the Union’s efforts was counterproductive. He called on both countries to “help us help them” find a peaceful resolution of the situation.
GERT ROSENTHAL (Guatemala), also expressing alarm, said both parties had the responsibility for the resumption of armed activity. In voting for the resolution, he was responding to the appeal of the African Union, as well as the need to maintain international peace and security. There was now a new opportunity to highlight all the elements of the Comprehensive Peace Agreement to achieve a firm and lasting peace within the framework of cooperation between both countries.
JOÃO MARIA CABRAL (Portugal), also expressing deep concern, urged both parties to respond favorably and immediately to today’s resolution and the work of the African Union High-level Implementation Panel. He also stressed the importance of implementation of the provisions of the resolution that focused on human rights and humanitarian concerns.
Council President AGSHIN MEHDIYEV (Azerbaijan), speaking in his national capacity, took note of the Council’s deep commitment to the viability of Sudan and South Sudan, and said that it was important that the resolution supported the central role of the African Union, as well as the peaceful settlement of disputes and the inadmissibility of the use of force and seizure of territory. He welcomed the end of the occupation of Heglig and said additional steps should be taken, including an assessment of the losses incurred.
DENG ALOR KUOL, Minister of Cabinet Affairs of South Sudan, said that his Government appreciated the Council’s prompt response to the African Union’s request to reinforce that regional body’s decisions regarding his country and Sudan. He recalled — and reiterated his Government’s support for — its withdrawal of its police force from the Abyei Area on 28 April. His Government expected the international community to exert efforts to ensure the “immediate and complete withdrawal of Sudan Armed Forces” from that area, he said, also noting that his Government had already committed to a cessation of hostilities and the resumption of negotiations under the auspices of the High-level Implementation Panel. South Sudan welcomed the Council’s commitment to strengthen the African Union-led process through the active participation of the United Nations, the Chairman of the Intergovernmental Authority for Development (IGAD) and other international partners.
“We appeal to the United Nations and its Member States to urgently mobilize humanitarian assistance for the population affected by Sudan’s continuous aerial bombardment and ground incursions in the northern States of South Sudan,” he said, also calling for urgent assistance for the tens of thousands of civilians displaced by the Sudanese Armed Force’s invasion of the Abyei Area last May. Finally, he said that South Sudan looked forward to good faith implementation of the resolution just adopted.
DAFFA-ALLA ELHAG ALI OSMAN (Sudan) saluted all Council members who had insisted that the current text condemn the violence in Heglig, describing it as encroachment on his country’s territorial integrity. He also thanked those members that had called for conducting a fact-finding mission to investigate the extent of the damage done by SPLM-N in Heglig. He welcomed the efforts of the African Union to promote peace and security throughout the continent and especially welcomed the recent statement that placed the African Union High-level Implementation Panel at the head of the negotiation process.
“We intend to keep this process within the African continent under the leadership of Mr. Mbeki,” he said. At the same time, he said that peace between the two countries would only be achieved through halting all forms of support and sheltering of rebel armed groups. He was concerned that the Council’s current resolution did not set out timeframes on that matter, as it had in other areas. “This we find impracticable,” he said, also expressing concern about recent declarations by the Government of South Sudan to return to Heglig. He also called for accuracy regarding talk about “aerial bombardment”. Sudanese forces did not bombard any areas inside South Sudan, but his country had the right to use any means to rebuff and ward off any aggression within its own territory, including using its air force. With all that in mind, he said that security issues between the two countries should be given priority when negotiations were restarted.
As for South Kordofan and Blue Nile, he said the African Union communiqué did not request putting maters regarding those areas under Chapter VII. The African Union had requested endorsement of its road map, but did not include those areas. In addition, the Council’s resolution threatened the use of sanctions, while the African Union had not posed such a request. The Council must verify its actions in such matters and Sudan would make known its particular reservations regarding that matter. He reiterated his Governments support for and belief in the Charter-mandated principle of State sovereignty and territorial integrity.
* *** *
Recalling its previous resolutions and statements on the situation in Sudan and South Sudan, in particular resolutions 1990 (2011), 2024 (2011) and 2032 (2011), and its Presidential Statements of 6 March 2012 and 12 April 2012, and further recalling the priority it attaches to the full and urgent advancement of all outstanding issues from the Comprehensive Peace Agreement,
Reaffirming its strong commitment to the sovereignty, independence, unity, and territorial integrity of Sudan and South Sudan, and to the purposes and the principles of the United Nations Charter,
Noting paragraph 7 of the 24 April 2012 decision of the Peace and Security Council of the African Union at its 319th meeting, and reiterating that the territorial boundaries of states shall not be altered by force, and that any territorial disputes shall be settled exclusively by peaceful means,
Recalling the importance of the principles of the peaceful settlement of international disputes, good neighbourliness, non-interference and regional cooperation,
Deeply committed to seeing Sudan and South Sudan become two economically prosperous states living side-by-side in peace, security, and stability, and underlining the importance of building mutual trust, confidence and an environment conducive to long-term stability and economic development,
Condemning the repeated incidents of cross-border violence between Sudan and South Sudan, including troop movements, the seizure and occupation of Heglig, support to proxy forces, and Sudanese Armed Forces aerial bombardments,
Condemning actions by any armed group aimed at the forced overthrow of the government of either Sudan or South Sudan,
Expressing deep concern at the humanitarian situation created by the fighting between Sudan and South Sudan, and the continued fighting in the states of Southern Kordofan and Blue Nile, in Sudan,
Strongly condemning all acts of violence committed against civilians in violation of international humanitarian law and human rights law,
Welcoming the withdrawal from Heglig of the army of South Sudan and calling for the immediate cessation of aerial bombardments by the Sudanese Armed Forces against South Sudan,
Strongly condemning the violations of human rights of non-combatants in the affected area, the damage to economic infrastructure, in particular oil installations, and allinflammatory statements, which result in mutual demonization and the threat of hostile action by extremist elements, including xenophobic attacks,
Calling for an impartial fact finding effort to assess the losses and economic and humanitarian damage, including to oil facilities and other key infrastructure, in and around Heglig,
Expressing deep concern at the fate of the nationals of both countries resident in each other’s territory, following the end of the transition period that occurred on 8 April 2012,
Recalling the June 29, 2011 Agreement Between the Government of the Sudan and the Government of Southern Sudan on Border Security and the Joint Political and Security Mechanism, taking note of the commitment in Paragraph 2 to create a safe demilitarized border zone (SDBZ), and the July 30, 2011 Agreement on the Border Monitoring Support Mission Between the Government of Sudan and the Government of South Sudan, which elaborates on the establishment of a Joint Border Verification and Monitoring Mechanism (JBVMM) with an area of responsibility corresponding to the SDBZ, and a Joint Political and Security Mechanism (JPSM),
Recognizing the urgent need for Sudan and South Sudan to commence the process of border demilitarization,
Deploring the failure of Sudan and South Sudan security forces to redeploy from the Abyei Area in accordance with their Agreement of June 20, 2011 and resolution 1990 (2011),
Convinced that there can be no military solution to the conflict in Southern Kordofan and Blue Nile, and stressing the urgent need for a political and negotiated solution, based on respect for diversity in unity,
Reaffirming its previous resolutions 1674 (2006) and 1894 (2009) on the protection of civilians in armed conflict, 1612 (2006), 1882 (2009), and 1998 (2011) on children and armed conflict, 1502 (2003) on the protection of humanitarian and United Nations personnel, and 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) on women, peace and security,
Welcoming the continuing efforts of the African Union to support Sudan and South Sudan in addressing the legacy of conflict and bitterness in Sudan, notably through the conclusion of the January 2005 Comprehensive Peace Agreement (CPA), its implementation, in particular the holding of the referendum on self-determination of South Sudan, and the negotiations on post-secession relations,
Commending the efforts of the AU High-level Implementation Panel, including its Chairman President Thabo Mbeki, former Presidents Abdulsalami Abubakar and Pierre Buyoya, the Chairperson of the Intergovernmental Authority on Development, Ethiopian Prime Minister Meles Zenawi, the Special Envoy of the Secretary-General for Sudan and South Sudan, Haile Menkerios, and the United Nations Interim Security Force for Abyei (UNISFA) under the leadership of Lieutenant General Tesfay Tadesse,
Expressing its full support for the 24 April 2012 decision of the Peace and Security Council of the African Union at its 319th meeting on the situation between the Republic of Sudan and the Republic of South Sudan, in order to ease the current tension, facilitate the resumption of negotiations on post-secession relations and the normalization of their relations, including, in particular the Roadmap outlined in that decision,
Determining that the prevailing situation along the border between Sudan and South Sudan constitutes a serious threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that Sudan and South Sudan shall take the following actions with immediate effect unless otherwise specified below:
(i) immediately cease all hostilities, including aerial bombardments, with the parties formally conveying their commitment in this respect to the Chairperson of the African Union Commission and the President of the Security Council not later than 48 hours from the adoption of this resolution;
(ii) unconditionally withdraw all of their armed forces to their side of the border, in accordance with previously adopted Agreements, including the Agreement on the Border Monitoring Support Mission of 30 July 2011;
(iii) activate, within no more than a week of the adoption of this resolution, the necessary border security mechanisms, namely the Joint Border Verification and Monitoring Mechanism (JBVMM) and the Safe Demilitarized Border Zone (SDBZ), in accordance with the administrative and security map presented to the Parties by the AUHIP in November 2011, it being understood that this map in no way prejudices ongoing negotiations on the disputed areas and demarcation of the border;
(iv) cease the harbouring of, or support to, rebel groups against the other State;
(v) activate the ad hoc Committee, under the Joint Political and Security Mechanism, to receive and investigate complaints and allegations made by one party against the other;
(vi) immediately cease hostile propaganda and inflammatory statements in the media, as well as any attacks against the property, religious and cultural symbols belonging to the nationals of the other State, with the two governments assuming full responsibility for the protection of each other’s nationals in line with international principles, consistent with the Framework Agreement on the Status of Nationals of the Other State and Related Matters initialled in March 2012;
(vii) implement pending aspects of the 20 June 2011 Agreement on Temporary Security and Administrative Arrangements for the Abyei Area, in particular the redeployment, within no more than two weeks of the adoption of this resolution, of all Sudanese and South Sudanese forces out of the Abyei Area;
2. Decides that Sudan and South Sudan shall unconditionally resume negotiations, under the auspices of the AUHIP and with the support of the Chairman of IGAD, at a time to be set by the AUHIP in consultation with relevant international partners, but within no more than two weeks from the time of adoption of this resolution, to reach agreement on the following critical issues:
(i) arrangements concerning oil and associated payments;
(ii) the status of nationals of one country resident in the other, consistent with the Framework Agreement on the Status of Nationals of the Other State and Related Matters initialled in March 2012;
(iii) resolution of the status of the disputed and claimed border areas and the demarcation of the border; and
(iv) the final status of the Abyei Area;
3. Decides that the Government of Sudan and the SPLM-North shall extend full cooperation to the AUHIP and the Chair of IGAD, to reach a negotiated settlement on the basis of the June 28, 2011 Framework Agreement on Political Partnership between NCP and SPLM-N and Political and Security Arrangements in Blue Nile and Southern Kordofan States;
4. Strongly urges Sudan and the SPLM-Ntoaccept the tripartite proposal submitted by the African Union, the United Nations and the League of Arab States, to permit humanitarian access to the affected population in the two areas, ensuring in accordance with applicable international law, including applicable international humanitarian law, and guiding principles of emergency humanitarian assistance, the safe, unhindered and immediate access of United Nations and other humanitarian personnel, as well as the delivery of supplies and equipment, in order to allow such personnel to efficiently perform their task of assisting the conflict-affected civilian population;
5. Decides that the negotiations referred to in paragraph 2 above shall be concluded within three months of the adoption of this resolution, and in the event these negotiations fail to result in an agreement on any or all of the issues within the allotted timeframe of three months, requests the Secretary-General, in consultation with the AUHIP, the Chair of IGAD, and the Chairman of the AU Commission, to report within four months of the date of this resolution to the Security Council on the status of the negotiations, including detailed proposals on all outstanding issues;
6. Requests the Secretary-General to consult with the African Union on the implementation of this resolution and the decisions of the AU PSC, to work closely with the AUHIP in support of its facilitationefforts, and to inform the Security Council within 15 days and in two week intervals thereafter on the status of compliance by Sudan, South Sudan, and the SPLM-N with the decisions set forth in this resolution, and expresses itsintention, in the event that any or all of the parties have not complied with the decisions set forth in this resolution, to take appropriate additional measures under Article 41 of the Charter;
7. Calls upon all parties to promote and protect human rights, including those of women and people belonging to vulnerable groups, to comply with their obligations under international law, including international humanitarian and international human rights law, and calls for those responsible for serious violations of such law, including sexual violence, to be held accountable;
8. Commends the efforts by UNISFA in carrying out its mandate,expresses its deep appreciation for the work of the Force Commander and the troop-contributing countries, and expressesits intention to evaluate the mandate of UNISFA in the context of compliance by Sudan and South Sudan with the decisions set forth in this resolution, and with the fulfilment of their commitments as set out in the June 20, June 29, and July 30, 2011 Agreements;
9. Stresses the importance of, and the need to restore, a comprehensive, just and lasting peace between Sudan and South Sudan;
10. Decides to remain actively seized of this matter.
UN Council aims for Wednesday vote on Sudan crisis
By AFP: Wednesday, May 2 2012
The UN Security Council hopes to vote Wednesday on a resolution that could threaten Sudan and South Sudan with sanctions if they do not stop fighting, diplomats said.
China and Russia, veto-wielding permanent members, are however leading resistance to any warning of international action against the rival countries, which many fear are headed for all-out war.
Sudan on Tuesday warned its southern neighbour, which split away last year, over widening “aggression” as the South alleged fresh clashes despite an African Union peace initiative in the oil-fuelled conflict.
Khartoum charged that “South Sudan and its army are working to widen the aggression and occupy some disputed points and areas by force. Sudan cannot allow the occupying troops to impose their power.”
More than a week ago South Sudanese soldiers said they had completed a withdrawal from Sudan’s main oil region of Heglig, which they occupied for 10 days, while Sudan launched air strikes across the border.
In New York, a resolution drawn up by the United States calls on the two countries to “immediately cease all hostilities” and withdraw troops to their own territory, in line with the call made by the African Union.
The resolution would threaten “additional measures” under Article 41 of the UN Charter, which allows for non-military sanctions.
China, which has strong trade ties with both Sudan and South Sudan, and Russia traditionally oppose warnings of sanctions. And the resolution could change before any vote, diplomats told AFP.
“This time it is less the Russians and more the Chinese,” one senior Western diplomat said on condition of anonymity. “If they keep on not liking it, they might abstain. I don’t think they will veto.”
China is more likely to accept the resolution as the request for possible sanctions has come from the African Union.
“It is much more difficult for the Chinese and Russians to say no to an AU request than a Western plan,” the envoy added.
Under the resolution, the two countries would have two weeks to “unconditionally” start talks under AU mediation on borders and sharing oil revenues, and they would have three months to conclude an accord.
UN leader Ban Ki-moon would have to report to the Security Council every two weeks on the crisis.
China and Russia are nervous even though no automatic sanctions are mentioned, diplomats said. “They oppose even the mention of Article 41,” one diplomat told AFP.
Speaking after talks with Sudan’s Foreign Minister Ali Karti in Moscow on Monday, Russia’s Foreign Minister Sergei Lavrov said his country was ready to support the resolution.
“It may include measures of economic pressure. But I would repeat that this is not an automatic decision, but only an intention depending on how the resolution is implemented,” he told reporters.
PaanLuel Wël is the founder and editor-in-chief of PaanLuel Wël Media Ltd, a news website that covers news, opinions, analysis, history, culture and literature of South Sudan and the world. Founded in July 2011 by PaanLuel Wël to create a platform for free expression and constructive dialogue, the website features articles from various contributors, including columnists, commentators, poets, authors, activists and academics. PaanLuel Wël believes that media can play a vital role in informing, educating and empowering the people to participate in nation-building and social transformation. He also believes that media can foster a culture of dialogue, tolerance and diversity among different communities and groups, and hopes to inspire and mentor the next generation of South Sudanese writers and journalists.
