Security Council resolution 2521 (2020) [on renewal of sanctions imposed by Security Council resolution 2428 (2018) and extension of the mandate of the Panel of Experts on South Sudan until 1 July 2021]
Symbol: S/RES/2521 (2020)
Date: 2020-05-29
Status: adopted
Agenda: S/75 [223] SOUTH SUDAN--POLITICAL CONDITIONS
S/75 [216] UN MISSION IN SOUTH SUDAN
S/ X Reports of the Secretary-General on the Sudan and South Sudan.
Subjects: UN. Panel of Experts on South Sudan Established pursuant to Security Council Resolution 2206 (2015)|UN. Security Council Committee Established pursuant to Resolution 2206 (2015) concerning South Sudan|UN Mission in South Sudan|Revitalized Agreement on the Resolution of Conflict in the Republic of South Sudan (2018)|Charter of the United Nations (1945). Chapter VII|SANCTIONS|SANCTIONS COMPLIANCE|CEASEFIRES|ARMS EMBARGO|FROZEN ASSETS|TRAVEL RESTRICTIONS|INTERNAL SECURITY|SOUTH SUDAN
Votes in favour: 12
Votes against: 0
Abstentions: 3
Voting record:
country: BELGIUM
vote: yes
country: CHINA
vote: abstention
country: DOMINICAN REPUBLIC
vote: yes
country: ESTONIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: INDONESIA
vote: yes
country: NIGER
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SAINT VINCENT AND THE GRENADINES
vote: yes
country: SOUTH AFRICA
vote: abstention
country: TUNISIA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                   S/RES/2521 (2020)
               Security Council                                               Distr.: General
                                                                              29 May 2020




               Resolution 2521 (2020)
               Adopted by the Security Council on 29 May 2020

                    The Security Council,
                    Recalling its previous resolutions, statements of its President, and press
               statements on the situation in South Sudan,
                     Welcoming encouraging developments in South Sudan’s peace process,
               including the beginning of the formation of a Revitalized Transitional Government of
               National Unity (RTGNU), recognizing that this represents a significant step towards
               sustainable peace by the parties to the Revitalized Agreement, and further welcoming
               the spirit of compromise and political will demonstrated by the parties in order to
               create the conditions necessary to advance the peace process,
                     Expressing appreciation for the leadership of the Intergovernmental Authority
               on Development (IGAD) in advancing the peace process in South Sudan, underlining
               that the 2018 “Revitalised Agreement on the Resolution of the Conflict in the
               Republic of South Sudan” (the Revitalised Agreement) is an important step forward
               in the peace process that provides a window of opportunity to achieve sustainable
               peace and stability in South Sudan, commending the ongoing mediation by the
               Community of Sant’Egidio to foster political dialogue between signatories and
               non-signatories of the Revitalised Agreement, and calling on South Sudanese parties
               to demonstrate the political will to peacefully resolve the conflict,
                    Recognizing the reduction in political violence since the signing of the
               Revitalised Agreement and that the permanent ceasefire was upheld in most parts of
               the country, and further recognizing the efforts of the RTGNU in addressing the
               COVID-19 pandemic,
                     Reiterating its concern regarding the political, security, economic, and
               humanitarian situation in South Sudan, and emphasizing that there can be no military
               solution to the conflict,
                     Strongly condemning past and ongoing human rights violations and abuses and
               violations of international humanitarian law, further condemning harassment and
               targeting of civil society, humanitarian personnel and journalists, emphasizing that
               those responsible for violations of international humanitarian law and violations and
               abuses of human rights must be held accountable, and that the RTGNU bears the
               primary responsibility to protect its population from genocide, war crimes, ethnic
               cleansing, and crimes against humanity, and in this regard, urging the RTGNU to




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               expeditiously sign the Memorandum of Understanding with the African Union for the
               creation of the Hybrid Court for South Sudan,
                     Expressing deep concern at reports of misappropriation of funds that undermine
               the stability and security of South Sudan, and that these activities can have a
               devastating impact on society and individuals, weaken democratic institutions,
               undermine the rule of law, perpetuate violent conflicts, facilitate illegal activities,
               divert humanitarian assistance or complicate its delivery, and undermine economic
               markets,
                    Taking note of the Final 2020 report (S/2020/342) of the United Nations Panel
               of Experts,
                     Determining that the situation in South Sudan continues to constitute a threat to
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.     Expresses deep concern at continued fighting in South Sudan and
               condemns violations of the Revitalised Agreement and the Agreement on Cessation
               of Hostilities, Protection of Civilians and Humanitarian Access (ACOH);
                     2.   Urges South Sudan’s leaders to finalize establishment of the RTGNU and
               fully implement all provisions of the Revitalised Agreement and allow, in accordance
               with relevant provisions of international law and in line with United Nations guiding
               principles of humanitarian assistance, including humanity, impartiality, neutrality,
               and independence, full, safe and unhindered humanitarian access to help ensure
               timely delivery of humanitarian assistance to all those in need;

               Arms Embargo and Inspections
                     3.   Decides to renew until 31 May 2021 the measures on arms imposed by
               paragraph 4 of resolution 2428 (2018), and reaffirms the provisions of paragraph 5 of
               resolution 2428 (2018);
                     4.   Decides to review the measures renewed in paragraph 3 in light of progress
               achieved implementing all provisions of the Revitalized Agreement, and adherence
               to the ACOH and ceasefire provisions of the Revitalized Agreement, further decides
               to carry out a midterm review of the measures renewed in paragraph 3 no later than
               15 December 2020, and expresses its readiness to consider adjusting measures
               renewed in paragraph 3, including through modifying, suspending, lifting or
               strengthening measures to respond to the situation;
                    5.    Requests in this regard the Secretariat to provide to the Security Council,
               by 31 October 2020, a report assessing the role of the arms embargo in facilitating
               implementation of the Revitalised Agreement and articulating options for the
               elaboration of benchmarks, in coordination with the Ceasefire and Transitional
               Security Arrangements Monitoring and Verification Mechanism (CTSAMVM),
               R-JMEC, and in consultation with the RTGNU, to assess the arms embargo measures
               according to progress on implementation of the Revitalized Agreement, including
               adherence to the ACOH and ceasefire provisions of the Revitalized Agreement, and
               expresses its intention to review the options provided to the Council by 15 December
               2020;
                    6.     Stresses the importance that notifications or requests for exemptions
               pursuant to paragraph 5 of resolution 2428 (2018) should contain all relevant
               information, including the purpose of the use, the end user, the technical
               specifications and quantity of the equipment to be shipped and, when applicable, the
               supplier, the proposed date of delivery, mode of transportation and itinerary of
               shipments;

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                 7.   Underscores that arms shipments in violation of this resolution risk
           fuelling conflict and contributing to further instability, and strongly urges all Member
           States to take urgent action to identify and prevent such shipments within their
           territory;
                 8.   Calls upon all Member States, in particular States neighbouring South
           Sudan, to inspect, in accordance with their national authorities and legislation and
           consistent with international law, in particular the law of the sea and relevant
           international civil aviation agreements, all cargo to South Sudan, in their territory,
           including seaports and airports, if the State concerned has information that provides
           reasonable grounds to believe the cargo contains items the supply, sale, or transfer of
           which is prohibited by paragraph 4 of resolution 2428 (2018) for the purpose of
           ensuring strict implementation of these provisions;
                 9.    Decides to authorize all Member States to, and that all Member States
           shall, upon discovery of items the supply, sale, or transfer of which is prohibited by
           paragraph 4 of resolution 2428 (2018), seize and dispose (such as through destruction,
           rendering inoperable, storage or transferring to a State other than the originating or
           destination States for disposal) of such items, and decides further that all Member
           States shall cooperate in such efforts;
                 10. Requires any Member State when it undertakes an inspection pursuant to
           paragraph 8 of this resolution, to submit promptly an initial written report to the
           Committee containing, in particular, explanation of the grounds for the inspections,
           the results of such inspections, and whether or not cooperation was provided, and, if
           prohibited items for supply, sale, or transfer are found, further requires such Member
           States to submit to the Committee within 30 days a subsequent written report
           containing relevant details on the inspection, seizure, and disposal, and relevant
           details of the transfer, including a description of the items, their origin and intended
           destination, if this information is not in the initial report;

           Targeted Sanctions
                11. Decides to renew until 31 May 2021 the travel and financial measures
           imposed by paragraphs 9 and 12 of resolution 2206 (2015), and reaffirms the
           provisions of paragraphs 10, 11, 13, 14 and 15 of resolution 2206 (2015), and
           paragraphs 13, 14, 15 and 16 of resolution 2428 (2018);
                 12. Decides to review the measures renewed in paragraph 11 above in light of
           progress achieved implementing all provisions of the R-ARCSS and developments
           related to human rights violations and abuses, decides to carry out a midterm review
           of the measures renewed in paragraph 11 no later than 15 December 2020, and
           expresses its readiness to consider adjusting measures in paragraph 11, including
           through modifying, suspending, lifting or strengthening measures to respond to the
           situation;
                13. Underscores its willingness to impose targeted sanctions in order to
           support the search for an inclusive and sustainable peace in South Sudan;
                 14. Reaffirms that the provisions of paragraph 9 of resolution 2206 (2015)
           apply to individuals, and that the provisions of paragraph 12 of resolution 2206 (2015)
           apply to individuals and entities, as designated for such measures by the Committee
           established pursuant to paragraph 16 of resolution 2206 (2015) (“the Committee”), as
           responsible for or complicit in, or having engaged in, directly or indirectly, actions or
           policies that threaten the peace, security or stability of South Sudan, and further
           reaffirms that the provisions of paragraphs 9 and 12 of resolution 2206 (2015) apply
           to individuals, as designated for such measures by the Committee, who are leaders or
           members of any entity, including any South Sudanese government, opposition,

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               militia, or other group, that has, or whose members have, engaged in any of the
               activities described in this paragraph and paragraph 15;
                    15. Underscores that such actions or policies as described in paragraph 14
               above may include, but are not limited to:
                    (a) Actions or policies that have the purpose or effect of expanding or
               extending the conflict in South Sudan or obstructing reconciliation or peace talks or
               processes, including breaches of the Revitalized Agreement or ACOH;
                     (b) Actions or policies that threaten transitional agreements or undermine the
               political process in South Sudan, including Chapter 4 of the Revitalised Agreement;
                     (c) Planning, directing, or committing acts that violate applicable
               international human rights law or international humanitarian law, or acts that
               constitute human rights abuses, in South Sudan;
                     (d) The targeting of civilians, including women and children, through the
               planning, directing, or commission of acts of violence (including killing, maiming,
               torture, or rape), abduction, enforced disappearance, forced displacement, or attacks
               on schools, hospitals, religious sites, or locations where civilians are seeking refuge,
               or through other conduct that would constitute a serious abuse of human rights, a
               violation of international human rights law or a violation of international
               humanitarian law;
                    (e) Planning, directing, or committing acts involving sexual and gender-based
               violence in South Sudan;
                    (f) The use or recruitment of children by armed groups or armed forces in the
               context of the armed conflict in South Sudan;
                     (g) The obstruction of the activities of international peacekeeping, diplomatic,
               or humanitarian missions in South Sudan, including the Ceasefire and Transitional
               Security Arrangements Monitoring and Verification Mechanism or of the delivery or
               distribution of, or access to, humanitarian assistance;
                     (h) Attacks against United Nations missions, international security presences,
               or other peacekeeping operations, or humanitarian personnel;
                    (i) Acting for or on behalf of, directly or indirectly, an individual or entity
               designated by the Committee; or
                    (j) Engagement by armed groups or criminal networks in activities that
               destabilize South Sudan through the illicit exploitation or trade of natural resources;
                     16. Expresses concerns at reports of misappropriation and diversion of public
               resources which pose a risk to the peace, security, and stability of South Sudan,
               expresses serious concern at reports of financial impropriety, lack of transparency,
               oversight and financial governance, which pose a risk to the peace, stability, and
               security of South Sudan, and are out of compliance with Chapter IV of the Revitalised
               Agreement, and in this context, underscores that individuals engaged in actions or
               policies that have the purpose or effect of expanding or extending the conflict in South
               Sudan may be listed for travel and financial measures;

               Sanctions Committee/Panel of Experts
                    17. Emphasizes the importance of holding regular consultations with
               concerned Member States, international and regional and subregional organizations,
               as well as the United Nations Mission in South Sudan (UNMISS), as may be
               necessary, in particular neighbouring and regional States, in order to ensure the full
               implementation of the measures in this resolution, and in that regard encourages the


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           Committee to consider, where and when appropriate, visits to selected countries by
           the Chair and/or Committee members;
                 18. Decides to extend until 1 July 2021 the mandate of the Panel of Experts as
           set out in paragraph 19 of resolution 2428 (2018), and decides that the Panel of
           Experts should provide to the Council, after discussion with the Committee, an
           interim report by 1 December 2020, a final report by 1 May 2021, and except in
           months when these reports are due, updates each month;
                 19. Requests the Panel of experts to include the necessary gender expertise, in
           line with paragraph 6 of resolution 2242 (2015), and encourages the Panel to integrate
           gender as a cross-cutting issue across its investigations and reporting;
                 20. Calls upon all parties and all Member States, especially those
           neighbouring South Sudan, as well as international, regional and subregional
           organizations to ensure cooperation with the Panel of Experts, including by providing
           any information on illicit transfers of wealth from South Sudan into financial,
           property and business networks 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;
                 21. Requests the Special Representative of the Secretary-General for Children
           and Armed Conflict and the Special Representative for Sexual Violence in Conflict
           to share relevant information with the Committee in accordance with paragraph 7 of
           resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011), and invites the
           High Commissioner for Human Rights to share relevant information with the
           Committee, as appropriate;
                 22. Recalls the mandate of UNMISS as outlined in resolution 2514 (2020), in
           particular paragraph 8 (d) regarding monitoring, investigating, verifying and
           reporting on abuses and violations of human rights and violations of international
           humanitarian law;
                23. Encourages timely information exchange between UNMISS and the Panel
           of Experts, and requests UNMISS to assist the Committee and the Panel of Experts,
           within its mandate and capabilities;
                 24. Invites the Joint Monitoring and Evaluation Commission (JMEC) to share
           relevant information with the Council, as appropriate, on its assessment of the parties ’
           implementation of the Revitalised Agreement, adherence to the ACOH, and the
           facilitation of unhindered and secure humanitarian access, also expresses its intent to
           continue to impose any sanctions that may be appropriate to respond to the situation;
                25.   Decides to remain seized of the matter.




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