Security Council resolution 2304 (2016) [on extension of the mandate of the UN Mission in South Sudan (UNMISS) until 15 Dec. 2016]
Symbol: S/RES/2304 (2016)
Date: 2016-08-12
Status: adopted
Agenda: S/71 [216] UN MISSION IN SOUTH SUDAN
S/71 [223] SOUTH SUDAN--POLITICAL CONDITIONS
S/ X Reports of the Secretary-General on the Sudan and South Sudan.
Subjects: UN Mission in South Sudan|UN. Panel of Experts on South Sudan Established pursuant to Security Council Resolution 2206 (2015)|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|POLITICAL CONDITIONS|PEACEKEEPING OPERATIONS|HUMAN RIGHTS IN ARMED CONFLICTS|SOUTH SUDAN|ARMS EMBARGO|SANCTIONS
Votes in favour: 11
Votes against: 0
Abstentions: 4
Voting record:
country: ANGOLA
vote: yes
country: CHINA
vote: abstention
country: EGYPT
vote: abstention
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: abstention

               United Nations                                                                      S/RES/2304 (2016)
               Security Council                                                  Distr.: General
                                                                                 12 August 2016




               Resolution 2304 (2016)
               Adopted by the Security Council at its 7754th meeting, on
               12 August 2016

                    The Security Council,
                    Recalling its previous resolutions 1996 (2011), 2046 (2012), 2057 (2012),
               2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206 (2015), 2223 (2015),
               2241 (2015), 2252 (2015), and 2302 (2016) and statements by its President
               S/PRST/2014/16,     S/PRST/2014/26,     S/PRST/2015/9,   S/PRST/2016/1,   and
               S/PRST/2016/3,
                      Reaffirming its strong commitment to the sovereignty, independence,
               territorial integrity, and national unity of the Republic of South Sudan, and recalling
               the importance of the principles of non-interference, good-neighbourliness, and
               regional cooperation,
                    Reiterating its grave alarm and concern regarding the political, security,
               economic, and humanitarian crisis in South Sudan, resulting from the internal Sudan
               People’s Liberation Movement (SPLM) political dispute, and subseq uent violence
               caused by the country’s political and military leaders since December 2013, and
               emphasizing there can be no military solution to the situation in South Sudan and
               noting the “Agreement on the Resolution of the Conflict in the Republic of South
               Sudan” as the framework for durable peace, reconciliation and national cohesion in
               South Sudan,
                     Condemning in the strongest terms the fighting in Juba, South Sudan 8 -11 July
               2016, including attacks against civilians, United Nations personnel, premises a nd
               property, and requesting the Secretary-General expedite investigation into these
               attacks, expressing deep concern at the tense and fragile security situation in the rest
               of the country, including armed clashes and violence involving the Sudan People’s
               Liberation Army (SPLA) and SPLA-In Opposition (SPLA-IO), and armed groups,
               reminding all parties of the civilian character of protection of civilians sites in South
               Sudan, and recalling resolution 2206 (2015), which states in part that those who
               engage in attacks against United Nations missions, international security presences,
               or other peacekeeping operations, or humanitarian personnel may be subject to
               sanctions,
                    Further condemning the clashes that took place at the United Nations
               Protection of Civilians site in Malakal, South Sudan on 17-18 February, and


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               requesting the United Nations Secretariat to ensure that the lessons learned from
               that incident are applied in the future operation of the mission,
                    Commending the work of the United Nations Mission in the Republic of South
               Sudan (UNMISS), and noting with concern that the extensive resources needed to
               protect civilians at the United Nations Protection of Civilians sites has limited
               UNMISS’s presence outside the United Nations Protection of Civilians site s,
                     Condemning the continued obstruction of UNMISS by the Transitional
               Government of National Unity of South Sudan, including severe restrictions on
               freedom of movement and constraints on mission operations which may be in
               violation of its obligations under the Status of Forces Agreement,
                     Strongly condemning all human rights violations and abuses and violations of
               international humanitarian law, including those involving extrajudicial killings,
               ethnically targeted violence, rape and other forms of sexual and gender-based
               violence, recruitment and use of children, enforced disappearances, arbitrary arrests
               and detention, violence aimed at spreading terror among the civilian population,
               targeting of members of civil society, and attacks on schools, places o f worship,
               hospitals, and United Nations and associated personnel, by all parties, including
               armed groups and national security forces, as well as the incitement to commit such
               abuses and violations, further condemning harassment and targeting of civil society,
               humanitarian personnel and journalists, and emphasizing that those responsible for
               violations of international humanitarian law and violations and abuses of human
               rights must be held accountable, and that South Sudan’s Transitional Government of
               National Unity bears the primary responsibility to protect its populations from
               genocide, war crimes, ethnic cleansing, and crimes against humanity,
                     Taking note of the decisions adopted by the Intergovernmental Authority on
               Development (IGAD) Plus Heads of State and Government in their 16 July 2016
               Communique for deployment of a “regional protection force,” the African Union
               Assembly 18 July 2016 communique endorsing the IGAD Plus Heads of State and
               Government 16 July 2016 communique, and the 5 August 2016 Com munique of the
               Second IGAD Plus Extra-Ordinary Summit on the Situation in South Sudan which
               notes the Transitional Government of National Unity’s consent to deployment of
               such a force in principle and welcoming the readiness expressed by member states in
               the region to increase their contribution of troops to UNMISS for this purpose,
                    Encouraging countries in the region, the African Union Peace and Security
               Council, and IGAD to continue firmly engaging with South Sudanese leaders to
               address the current political crisis,
                     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.   Demands that all parties immediately end the fighting throughout South
               Sudan, and further demands that South Sudan’s leaders implement the permanent
               ceasefire declared in the Agreement on the Resolution of the Conflict in the
               Republic of South Sudan (Agreement) and ceasefires for which they respec tively
               called on 11 July 2016, and ensure that subsequent decrees and orders directing
               their commanders control their forces and protect civilians and their property are
               fully implemented;



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                 2.    Demands that the Transitional Government of National Unity of South
           Sudan comply with the obligations set out in the Status of Forces Agreement
           between the Government of South Sudan and the United Nations, and immediately
           cease obstructing UNMISS in the performance of its mandate, and further demands
           the Transitional Government of National Unity immediately cease obstructing
           international and national humanitarian actors from assisting civilians, and facilitate
           freedom of movement for the Ceasefire and Transitional Security Arrangements
           Monitoring Mechanism and calls on the Transitional Government of National Unity
           to take action, to deter, and to hold those responsible to account for, any hostile or
           other actions that impede UNMISS or international and national humanitarian actors;
                 3.    Urges the Joint Monitoring and Evaluation Commission (JMEC), the
           Intergovernmental Authority on Development (IGAD), the Ceasefire and Transitional
           Security Arrangements Monitoring Mechanism (CTSAMM), UNMISS, and the
           parties to the Agreement to convene a Permanent Ceasefire and Transitional Security
           Arrangements workshop in Juba to determine by 31 August 2016 the maximum
           number, type and armaments of security forces to remain in Juba and to assist in
           executing and verifying the redeployment of those forces and armaments to agreed
           locations by 15 September 2016 and further urges the IGAD, the Joint Monitoring
           and Evaluation Commission, UNMISS and the parties to the Agreement to review
           the status of the Joint Military Ceasefire Commission, the CTSAMM, the Joint
           Operations Center, the Joint Integrated Police, the Strategic Defense and Security
           Review, the National Architecture, cantonment, and the unification of forces and to
           develop revised proposals to ensure their efficacy by 30 Septembe r 2016;
                4.   Decides to extend the UNMISS mandate, as set out in resolution 2252
           (2015), until 15 December 2016, and authorizes UNMISS to use all necessary
           means to carry out its tasks;
                 5.    Emphasizes that protection of civilians must be given priority in
           decisions about the use of available capacity and resources within the mission,
           stresses that UNMISS’s mandate as set out in paragraph 8 of resolution 2252 (2015)
           includes authority to use all necessary means to protect United Nations personnel,
           installations and equipment to deter violence especially through proactive
           deployment and active patrolling, to protect civilians from threats, regardless of
           source, to create conditions conducive to delivery of humanitarian assistance by
           international and national actors, and support implementation the Agreement, and
           stresses that such actions include, but are not limited to, within UNMISS’s capacity
           and areas of deployment, defending protection of civilians sites, establishing areas
           around the sites that are not used for hostile purposes by any forces, addressing
           threats to the sites, searching individuals attempting to enter the sites, and seizing
           weapons from those inside or attempting to enter the sites, removing from and
           denying entry of armed actors to the protection of civilians sites;
                6.    Requests the Secretary-General to take all appropriate steps and, in
           consultation with troop and police contributing countries, to identify options,
           including seeking the support of Member States, to enhance the safety and s ecurity
           of UNMISS’s personnel to enable UNMISS to execute effectively its mandate in a
           complex security environment, including through improving UNMISS’s early
           warning, surveillance, and information gathering capacities, enhancing quick
           response and crisis management capacity, including providing appropriate training
           and equipment, implementing more effective casualty and medical evacuation



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               procedures, and taking active and effective steps to improve the planning and
               functioning of UNMISS’s safety and security facilities and arrangements;
                    7.    Recalls its resolution 2086 (2013) and reaffirms the basic principles of
               peacekeeping, as set forth in Presidential Statement S/PRST/2015/22, including
               consent of the parties, impartiality, and non-use of force, except in self-defence and
               defence of the mandate, and recognizes that the mandate of each peacekeeping
               mission is specific to the need and situation of the country concerned;
                     8.   Decides further that UNMISS shall include, consistent with paragraph 7
               above, a Regional Protection Force established for an initial period until
               15 December 2016, which will report to the overall UNMISS Force Commander, to
               be based in Juba, with the responsibility of providing a secure e nvironment in and
               around Juba, including in support of the outcomes of the Permanent Ceasefire and
               Transitional Security Arrangements Workshop, and in extremis in other parts of
               South Sudan as necessary, and stresses that the Regional Protection Force will carry
               out its mandate, as set forth in paragraph 10, impartially and in strict compliance
               with international law, including, as applicable, international humanitarian law;
                     9.   Stresses the critical importance that the Regional Protection Force has a
               clear, conditions-based exit strategy and express its intent to consider the presence
               of the Regional Protection Force in light of the changing situation on the ground;
                    10. To advance in cooperation with the Transitional Government of National
               Unity the safety and security of the people of South Sudan and to create an enabling
               environment for implementation of the Agreement, authorizes the Regional
               Protection Force to use all necessary means, including undertaking robust action
               where necessary and actively patrolling, to accomplish the Regional Protection
               Force’s mandate, to:
                     (a) Facilitate the conditions for safe and free movement into, out of, and
               around Juba, including through protecting the means of ingress and egress from the
               city and major lines of communication and transport within Juba;
                    (b) Protect the airport to ensure the airport remains operational, and protect
               key facilities in Juba essential to the well-being of the people of Juba, as identified
               by the Special Representative of the Secretary-General;
                     (c) Promptly and effectively engage any actor that is credibly found to be
               preparing attacks, or engages in attacks, against United Nations protection of
               civilians sites, other United Nations premises, United Nations personnel,
               international and national humanitarian actors, or civilians;
                     11. Requests the Regional Protection Force to carry out these tasks as
               determined by the Special Representative of the Secretary-General, recognizes that
               full and unrestricted freedom of movement is essential for t he Regional Protection
               Force to carry out these tasks and demands the government provide support as
               needed for the Regional Protection Force to fulfill its mission and calls upon IGAD
               countries to continue to insist that the South Sudanese fulfil their com mitments in
               this regard;
                    12. Notes consultations between the Transitional Government of National
               Unity and the states of the region referenced in the 5 August 2016 Communique of
               the Second IGAD Plus Extra-Ordinary Summit on the Situation in South Sudan,
               expresses its intention to review the results of these consultations and to consider


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           potential action, including any appropriate updates to the mandate of the Regional
           Protection Force, arising from the results of those consultations;
                13. Urges member states in the region to expedite contributions of rapidly
           deployable troops to ensure the full deployment of the Regional Protection Force as
           soon as possible;
                14. Decides to increase the force levels of UNMISS up to a ceiling of 17,000
           troops, including 4,000 for the Regional Protection Force, and requests the
           Secretary-General to take the necessary steps to expedite force and asset generation;
               15. Requests the Secretary-General to strengthen UNMISS’s strategic
           communications capacity to undertake messaging on the ongoing impartial nature of
           UNMISS activities, including those of its Regional Protection Force;

           Reports
                 16. Requests that the Secretary-General provide detailed information within
           30 days on force generation, restructuring of the UNMISS force, logistical support
           and enablers, and civilian personnel to implement the mandate, as well as whether
           the Transitional Government of National Unity has maintained its consent in
           principle to deployment of the Regional Protection Force and not imposed any
           political or operational impediments to operationalizing the Regional Protection
           Force or obstructed UNMISS in the performance of its mandate, and requests the
           Secretary-General to review needs on the ground, and provide an updated
           assessment of the Regional Protection Force’s operations, deployment, and future
           requirements, as well as any political or operational impediments to
           operationalizing the Regional Protection Force and obstructions to UNMISS in
           performance of its mandate, within 30 days after the adoption of this resolution, and
           every 30 days thereafter;
                17. Decides that if in any of the reports pursuant to paragraph 16 abo ve the
           Secretary General reports political or operational impediments to operationalizing
           the Regional Protection Force or obstructions to UNMISS in performance of its
           mandate, due to the actions of the Transitional Government of National Unity,
           within five days of receipt of such report it shall consider appropriate measures
           including those measures described in the draft resolution in Annex;
                 18. Requests the Secretary-General to report to the Council on
           implementation of the UNMISS mandate including UNMISS’ Regional Protection
           Force, and to present the recommendations on the steps to adapt UNMISS to the
           situation on the ground and to increase efficiency of the implementation of its
           mandate in a comprehensive written report covering issues including streng thening
           safety and security of United Nations personnel and facilities to be submitted within
           90 days of the date of adoption of this resolution, and further expresses its intention
           to consider the Secretary-General’s recommendations within the context of the next
           UNMISS mandate extension;
                19.   Decides to remain seized of the matter.




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               Annex — Draft Resolution

                     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,

               Arms Embargo
               1.   Decides that, for a period of one year from the date of adoption of this
                    resolution, all Member States shall immediately take the necessary measures
                    to prevent the direct or indirect supply, sale or transfer to the territory of South
                    Sudan, including to the Government of South Sudan or the SPLA -IO, from or
                    through member state’s territories or by their nationals, or using their flag
                    vessels or aircraft, of arms and related materiel o f all types, including weapons
                    and ammunition, military vehicles and equipment, paramilitary equipment, and
                    spare parts for the aforementioned, and technical assistance, training, financial
                    or other assistance, related to military activities or the provisi on, maintenance
                    or use of any arms and related materiel, including the provision of armed
                    mercenary personnel whether or not originating in their territories;
               2.   Decides that the measure imposed in paragraph 1 of this resolution shall not
                    apply to the supply, sale or transfer of:
                    a)   Arms and related materiel, as well as training and assistance, intended
                         solely for support of or use by UN personnel, including UNMISS and the
                         United Nations Interim Security Force for Abyei (UNISFA);
                    b)   Non-lethal military equipment intended solely for humanitarian or
                         protective use, and related technical assistance or training, as notified in
                         advance to the Committee;
                    c)   Protective clothing, including flak jackets and military helmets,
                         temporarily exported to South Sudan by United Nations personnel,
                         representatives of the media and humanitarian and development workers
                         and associated personnel, for their personal use only;
                    d)   Arms and related materiel temporarily exported to South Sudan by the
                         forces of a State which is taking action, in accordance with international
                         law, solely and directly to facilitate the protection or evacuation of its
                         nationals and those for whom it has consular responsibility in South
                         Sudan, as notified to the Committee;
                    e)   Arms and related materiel, as well as technical training and assistance, to
                         or in support of the African Union Regional Task Force intended solely for
                         regional counter-LRA operations, as notified in advance to the Committee;
                    f)   Arms and related materiel, as well as technical training and assistance,
                         solely in support of the implementation of the terms of the peace
                         agreement, as approved in advance by the Committee;
                    g)   Other sales or supply of arms and related materiel, or provision of
                         assistance or personnel, as approved in advance by the Committee;
               3.   Stresses the importance that notifications or requests for exemptions pursuant
                    to paragraph 2 above contain all relevant information, including the purpose of


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                 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;

           Inspections
           4.    Underscores that arms shipments in violation of this resolution risk fueling
                 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;
           5.    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 1 of this resolution for the
                 purpose of ensuring strict implementation of these provisions;
           6.    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 1 of this resolution, 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;
           7.    Requires any Member State when it undertakes an inspection pursuant to
                 paragraph 5 of this resolution, to submit promptly an initial written report to
                 the Committee containing, in particular, explanation of the grounds f or 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 of 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;

           Panel of Experts and Sanctions Committee
           8.    Decides that the tasks of the Committee established pursuant to resolution
                 2206 (2015) shall also include examining and taking appropriate action on
                 information regarding alleged violations or non -compliance with the measures
                 imposed by paragraph 1 of this resolution;
           9.    Decides further that the tasks of the Panel of Experts established pursuant to
                 resolution 2206 shall also include gathering, examining and analyzing
                 information regarding the implementation of the measure in paragraph 1 of
                 this resolution, and reporting to the Committee;
           10.   Decides to remain seized of the matter.




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