Security Council resolution 2265 (2016) [on extension of the mandate of the UN Panel of Experts Established pursuant to Security Council Resolution 1591 (2005) on the Sudan until 12 Mar. 2017]
Symbol: S/RES/2265 (2016)
Date: 2016-02-10
Status: adopted
Agenda: S/71 [160] SUDAN--POLITICAL CONDITIONS
S/71 [204] AU/UN HYBRID OPERATION IN DARFUR
S/ X Reports of the Secretary-General on the Sudan and South Sudan.
Subjects: UN. Panel of Experts Established pursuant to Security Council Resolution 1591 (2005)|AU/UN Hybrid Operation in Darfur|Charter of the United Nations (1945). Chapter VII|SANCTIONS|TRAVEL RESTRICTIONS|HUMAN RIGHTS IN ARMED CONFLICTS|ARMS EMBARGO|DARFUR (SUDAN)|SUDAN|SANCTIONS COMPLIANCE
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: yes
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: yes

               United Nations                                                                    S/RES/2265 (2016)
               Security Council                                                 Distr.: General
                                                                                10 February 2016




               Resolution 2265 (2016)
               Adopted by the Security Council at its 7619th meeting, on
               10 February 2016

                    The Security Council,
                   Recalling its previous resolutions and statements of its President concerning
               Sudan,
                     Reaffirming its commitment to the cause of peace throughout Sudan, to the
               sovereignty, independence, unity and territorial integrity of Sudan, and to the full
               and timely implementation of resolution 1591 (2005), and recalling the importance
               of the principles of good neighbourliness, non-interference and cooperation in the
               relations among States in the region, and recalling that the Government of Sudan
               bears the primary responsibility for protecting all populations within its territory,
               with respect for the rule of law, international human rights law and international
               humanitarian law,
                     Reiterating the need for an end to the violence and continued abuses in Darfur,
               underscoring the importance of fully addressing the root causes of the conflict in
               the search for a sustainable peace, and recognizing that the Darfur conflict cannot be
               resolved militarily and a durable solution can only be obtained through an inclusive
               political process,
                     Noting the importance of the work of the African Union High -Level
               Implementation Panel (AUHIP), the aims of the Doha Document for Peace in
               Darfur (DDPD), and the stated commitment of the Government of Sudan to an
               inclusive national dialogue building on the AUHIP’s ongoing peace efforts, and
               calling for an environment conducive to that national dialogue,
                     Expressing deep concern at the increased violence and insecurity in Darfur in
               recent months, including fighting between the government and ar med groups and
               intercommunal fighting, expressing deep concern that such violence has had an
               adverse effect on the security situation, has contributed to the significant increase in
               the number of internally displaced persons observed in 2014, and continues to
               restrict humanitarian access to conflict areas where vulnerable civilian populations
               reside, and reaffirming the crucial need to address the urgent humanitarian crisis
               faced by the people of Darfur, including by facilitating safe, timely and unhindered
               humanitarian access to all areas by humanitarian agencies and personnel, consistent
               with the United Nations guiding principles of humanitarian assistance, including


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               humanity, impartiality, neutrality and independence, and the relevant provisions of
               international law,
                     Emphasizing the imperative for all armed actors to refrain from all acts of
               violence against civilians, in particular members of vulnerable groups such as
               women and children, and to end all violations and abuses of human rights and
               violations of international humanitarian law, and further emphasizing that some of
               these acts may amount to war crimes or crimes against humanity under international
               law,
                     Expressing concern about the external links, in particular military, between
               non-signatory armed groups in Darfur and groups outside Darfur, and demanding
               that direct or indirect military support for such armed groups in Darfur ceases, and
               condemning actions by any armed group aimed at forced overthrow of the
               Government of Sudan, noting there is no military solution to the conflict in Sudan,
                     Demanding that the parties to the conflict exercise restraint and cease military
               action of all kind, including aerial bombardments,
                     Recalling its resolution 2117 (2013) and expressing concern at the threat to
               peace and security in Darfur arising from the illicit transfer, destabilizing
               accumulation and misuse of small arms and light weapons, and the use of such
               weapons against civilians affected by armed conflict, and the continued threats to
               civilians posed by unexploded ordnance,
                      Deploring the continued violations of resolution 1591 (2005) by the
               Government of Sudan, including its Rapid Support Forces (RSF), and government -
               affiliated armed groups involving the routine movement of weapons and
               ammunition into Darfur, without prior authorization of the 1591 committee,
                     Demanding an immediate and complete cessation by all parties to the armed
               conflict of all acts of sexual violence against civilians, recruitment and use of
               children in violation of applicable international law, other violations and abuses
               against children, and indiscriminate attacks on civilians, in line with all relevant
               resolutions on these issues,
                    Reaffirming its concern over the negative effect of ongoing violence in Darfur
               on the stability of Sudan as a whole, as well as the region, welcoming the ongoing
               good relations between Sudan and Chad, and encouraging Sudan and the countries
               of the region to continue to cooperate in order to achieve peace and stability in
               Darfur and the wider region,
                     Deploring the violations of international humanitarian law and human rights
               violations and abuses committed by Government of Sudan security forces, their
               proxies, and armed groups, including those opposing the Government of Sudan,
               especially at the Khor Abeche Internally Displaced Persons (IDP) camp and at
               Taweisha, North Darfur, as reported by the Panel of Experts,
                     Expresses concern at the continued obstacles imposed by the Government of
               Sudan on the work of the Panel of Experts during the course of its mandate,
               including restrictions to the freedom of movement of the Panel of Experts, and
               limitations on access to areas of armed conflict and areas of reported violations and
               abuses of human rights and violations of international humanitarian law,




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                Welcoming improved cooperation between the Government of Sudan and the
           Panel of Experts, encouraging increased cooperation by the Government of Sudan
           to accede to requests from the Panel for access to areas of armed conflict and for
           information, and reiterating its call on all parties in Darfur to cooperate fully with
           the mission, including by ensuring its free and unfettered access,
                 Recalling the report (S/2015/31) by the Panel of Experts, and expressing its
           intent to further study, through the Committee, the Panel’s recommendations and to
           consider appropriate next steps,
                Emphasizing the need to respect the provisions of the United Nations Charter
           concerning privileges and immunities, and the Convention on the Privileges and
           Immunities of the United Nations, as applicable to United Nations operations and
           persons engaged in such operations,
                Noting the critical importance of effective implementation of the sanctions
           regime, including the key role that neighbouring states, as well as regional and
           subregional organizations, can play in this regard, and encouraging efforts to further
           enhance cooperation,
                Reminding all States, particularly States in the region, including the
           Government of Sudan, of the obligations contained in resolutions 1556 (2004), 1591
           (2005), and 1945 (2010), in particular those obligations relating to arms and related
           materiel,
                  Calling on the Government of Sudan to fulfil all its commitments, including
           lifting the state of emergency in Darfur, allowing free expression and undertaking
           effective efforts to ensure accountability for violations and abuses of human rights
           and violations of international humanitarian law, by whomsoever perpetrated,
                 Noting that acts of hostility, violence or intimidation against the civilian
           population, including Internally Displaced Persons (IDPs), in Darfur, endanger or
           undermine the Parties’ commitment to a complete and durable cess ation of
           hostilities, and would be inconsistent with the aims of the DDPD,
                 Determining that the situation in 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.   Decides to extend the mandate of the Panel of Experts, originally
           appointed pursuant to resolution 1591 (2005) and previously extended by
           resolutions 1651 (2005), 1665 (2006), 1713 (2006), 1779 (2007), 1841 (2008), and
           1891 (2009), 1945 (2010), 1982 (2011), 2035 (2012), 2091 (2013), 2138 (2014), and
           2200 (2015) until 12 March 2017, expresses its intent to review the mandate and
           take appropriate action regarding further extension no later than 13 February 2017,
           and requests the Secretary-General to take the necessary administrative measures,
           including basing arrangements, as expeditiously as possible;
                 2.   Requests the Panel of Experts to provide no later than 12 August 2016, a
           midterm update on its work to the Committee established pursuant to paragraph 3 (a)
           of resolution 1591 (2005) (hereinafter “the Committee”) and a final report no later
           than 13 January 2017 to the Council with its findings and recommendations;
                3.  Requests the Panel of Experts to provide updates every three months to
           the Committee regarding its activities, including Panel travel, and requests that any


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               obstacles encountered to the fulfilment of its mandate, as well as violations of any
               part of the sanctions regime be reported immediately;
                    4.   Requests the Panel of Experts to report, in the timeframe identified in
               paragraph 3, on the implementation and effectiveness of paragraph 10 of resolution
               1945 (2010);
                    5.    Reiterates its support for the efforts of the United Nations/African Union
               Hybrid Operation in Darfur (UNAMID), the United Nations Secretary-General, the
               African Union High-Level Implementation Panel on Sudan (AUHIP), the Joint
               Special Representative, and the leaders of the region to promote peace and stability
               in Darfur;

               Arms Embargo
                     6.    Expresses its concern that the direct or indirect supply, sale or transfer to
               Sudan of technical assistance and support, including training, financial or other
               assistance and the provision of spare parts, weapons systems and related materiel,
               could be used by the Government of Sudan to support military aircraft being used in
               violation of resolutions 1556 (2004) and 1591 (2005), including those aircraft
               identified by the panel, and urges all States to be mindful of this risk in light of the
               measures contained in resolution 1591 (2005);
                     7.   Recalls the Government of Sudan’s obligations under resolution 1591
               (2005), including the requirement to request advance approval from the Committee
               for the movement of military equipment and supplies into the Darfur regio n;
                      8.    Calls upon the Government of Sudan to address the illicit transfer,
               destabilizing accumulation, and misuse of small arms and light weapons in Darfur,
               which also contributes to instability in the region, and further to ensure the safe and
               effective management, storage and security of their stockpiles of small arms and
               light weapons, and the collection and/or destruction of surplus, seized, unmarked, or
               illicitly held weapons and ammunition;
                     9.    Expresses its concern that certain items continue to be converted for
               military purposes and transferred to Darfur, and urges all States to be mindful of this
               risk in light of the measures contained in resolution 1591 (2005);

               Implementation
                     10. Condemns the continued violations of the measures contained in
               paragraphs 7 and 8 of resolution 1556 (2004) and paragraph 7 of resolution 1591
               (2005), as updated in paragraph 9 of resolution 1945 (2010) and 4 of resolution
               2035 (2012) and directs the Committee, in line with its mandate and guidelines, to
               consult as soon as possible with any Member State about which the Committee
               deems there is credible information that provides reasonable grounds to believe the
               State is facilitating such violations or any other acts of non -compliance with these
               measures;
                     11. Expresses its concern that the travel ban and asset freeze on designated
               individuals is not being implemented by all Member States, requests the Panel to
               share with the Committee any information regarding possible non -compliance with
               the travel ban and asset freeze as soon as possible, and directs the Committee to
               respond effectively to any reports of non-compliance by Member States with



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           paragraph 3 of resolution 1591 (2005) and resolution 1672 (2006), including by
           engaging immediately with all relevant parties;
                 12. Reiterates that all States, particularly those in the region, shall take the
           necessary measures to prevent entry into or transit through their territories of all
           persons as designated by the Committee, in accordance with paragraph 3 of
           resolution 1591 (2005), and calls upon the Government of Sudan to enhance
           cooperation and information sharing with other States in this regard;
                 13. Urges all States, in particular those in the region, to report to the
           Committee on the actions they have taken to implement measures imposed by
           resolutions 1591 (2005) and 1556 (2004), including imposition of targeted measures;
                14. Expresses its intention, following the midterm update, to review the state
           of implementation, including obstacles to full and effective implementation of the
           measures, imposed in resolution 1591 (2005) and 1945 (2010), with a view to
           ensuring full compliance;
                 15. Regrets that some individuals of the Government of Sudan and armed
           groups in Darfur continue to commit violence against civilians, i mpede the peace
           process, and disregard the demands of the Council, expresses its intention to impose
           targeted sanctions against individuals and entities that meet the listing criteria of
           paragraph 3 (c) of resolution 1591 (2005), and encourages the Panel of Experts, in
           coordination with the Joint African Union/United Nations Mediation, to provide to
           the Committee when appropriate the names of any individuals, groups, or entities
           that may meet the listing criteria;
                 16. Deplores the attacks against UNAMID and calls upon the Government of
           Sudan to swiftly investigate and bring the perpetrators to justice, taking into account
           the findings of the 2014 final report of the Panel of Experts, and reaffirms its deep
           condolences to the Governments and families of tho se killed;
                 17. Condemns the use of civilian establishments, in particular the camps for
           internally displaced persons, by the armed groups, including those opposing the
           Government of Sudan, to gain a military advantage in a manner that places the
           civilians and civilian objects at risk from the dangers arising from armed conflict;
                 18. Requests the Panel of Experts to continue to investigate the financing and
           role of armed, military, and political groups in attacks against UNAMID personnel
           in Darfur;
                 19. Recalls that individuals and entities who plan, sponsor or participate in
           such attacks constitute a threat to stability in Darfur and may therefore meet the
           designation criteria provided for in paragraphs 3 (c) of resolution 1591 (2005), and
           expresses its intention to impose targeted sanctions on individuals and entities who
           plan, sponsor or participate in such attacks;

           Cooperation
                 20. Insists that the Government of Sudan remove all restrictions, limitations
           and bureaucratic impediments imposed on the work of the Panel of Experts, including
           by issuing timely multiple-entry visas to all members of the Panel of Experts for the
           duration of its mandate, and by waiving the requirement of Darfur travel permits for
           said Panel members, and, enhance its cooperation and information s haring with the
           Panel and allow the Panel free and unfettered access to all of Darfur;


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                     21. Urges the Government of Sudan respond to the Committee requests on
               measures put in place to protect civilians in various parts of Darfur, including those
               affected by new displacements; investigations conducted and accountability measures
               undertaken for unlawful killings of civilians and other human rights violations and
               abuses and violations of international humanitarian law, including investigations
               conducted and accountability measures undertaken for attacks against peacekeepers
               and humanitarian personnel; and the situation of civilian populations in areas such
               as eastern Jebel Mara and especially those areas in North Darfur where the Panel of
               Experts, UNAMID and humanitarian agencies and personnel have been denied access,
               and measures taken to allow timely, safe, and unhindered access for humanitarian
               relief to these areas, in accordance with international law, including international
               humanitarian law, and the United Nations guiding principles of humanitarian
               assistance, including humanity, impartiality, neutrality and independence;
                    22. Welcomes the Committee’s work, which has drawn on the reports of the
               Panel and taken advantage of the work done in other fora, and urges all States,
               relevant United Nations bodies, the African Union and other interested parties, to
               cooperate fully with the Committee and the Panel of Experts, in particular by
               supplying any information at their disposal on implementation of the measur es
               imposed by resolution 1591 (2005), resolution 1556 (2004), and resolution 1945
               (2010) and to provide timely responses to information requests;
                    23. Requests the Panel of Experts to continue to coordinate its activities as
               appropriate with the operations of the United Nations/African Union Hybrid
               Operation in Darfur (UNAMID), with international efforts to promote a political
               process in Darfur, and with other Panels or Groups of Experts, established by the
               Security Council, as relevant to the implementatio n of its mandate;
                     24. Requests the Panel of Experts to assess in its midterm update and final
               report progress towards reducing violations by all parties of the measures imposed
               by paragraphs 7 and 8 of resolution 1556 (2005), paragraph 7 of resolution 15 91
               (2005), and paragraph 10 of resolution 1945 (2010), and progress towards removing
               impediments to the political process, threats to stability in Darfur and the region;
               violations of international humanitarian law or violations or abuses of human rights,
               including those that involve attacks on the civilian population, sexual - and genderbased violence and violations and abuses against children, and other violations of
               the above-mentioned resolutions, and to provide the Committee with information on
               the individuals and entities that meet the listing criteria in paragraph 3 (c) of
               resolution 1591;

               Sanctions Committee
                     25. Reaffirms the mandate of the Committee to encourage dialogue with
               interested Member States, in particular those in the region, includ ing by inviting
               representatives of such States to meet with the Committee to discuss
               implementation of the measures and further encourages the Committee to continue
               its dialogue with UNAMID;
                    26. Emphasizes the importance of holding regular consultations with
               concerned Member States, as may be necessary, in order to ensure full
               implementation of the measures set forth in this resolution;
                    27.   Decides to remain actively seized of the matter.



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