Security Council resolution 2206 (2015) [on the situation in South Sudan]
Symbol: S/RES/2206 (2015)
Date: 2015-03-03
Status: adopted
Agenda: S/70 [223] SOUTH SUDAN--POLITICAL CONDITIONS
Subjects: UN Mission in South Sudan|UN. Security Council Committee Established pursuant to Resolution 2206 (2015) concerning South Sudan > Establishment|UN. Security Council Committee Established pursuant to Resolution 2206 (2015) concerning South Sudan|Sudan People's Liberation Movement/Army|Intergovernmental Authority on Development|Charter of the United Nations (1945). Chapter VII|SANCTIONS COMPLIANCE|FROZEN ASSETS|TRAVEL RESTRICTIONS|SOUTH SUDAN|PEACE AGREEMENTS|INTERNAL SECURITY|HUMANITARIAN ASSISTANCE
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                     S/RES/2206 (2015)
               Security Council                                                 Distr.: General
                                                                                3 March 2015




               Resolution 2206 (2015)
               Adopted by the Security Council at its 7396th meeting, on
               3 March 2015

                    The Security Council,
                     Recalling its previous resolutions and statements on South Sudan, in particular
               resolutions 2057 (2012), 2109 (2013), 2132 (201 3), 2155 (2014) and 2187 (2014),
                    Expressing grave alarm and concern regarding the conflict between the
               Government of the Republic of South Sudan and opposition forces since December
               2013 which emanated from internal political disputes among the country ’s political
               and military leaders,
                    Deeply concerned that the conflict has resulted in great human suffering,
               including significant loss of life, displacement of two million people, and the loss of
               property, further impoverishing and disadvantaging the peopl e of South Sudan,
                     Strongly condemning past and ongoing human rights violations and abuses and
               violations of international humanitarian law, including those involving targeted
               killings of civilians, ethnically-targeted violence, extrajudicial killings, rape, and
               other forms of sexual and gender-based violence, recruitment and use of children in
               armed conflict, abductions, enforced disappearances, arbitrary arrests and detention,
               violence aimed at spreading terror among the civilian population, and attacks o n
               schools, places of worship and hospitals, as well as United Nations and associated
               peacekeeping personnel and objects, 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 the Government of South Sudan bears the
               primary responsibility to protect its population from genocide, war crimes, ethnic
               cleansing, and crimes against humanity,
                     Expressing deep concern over the large-scale displacement of persons and
               deepening humanitarian crisis, stressing the responsibility borne by all parties to the
               conflict for the suffering of the people of South Sudan, and the necessity of ensuring
               that the basic needs of the population are met, commending United Nations
               humanitarian agencies and partners for their efforts to provide urgent and
               coordinated support to the population, calling upon all parties to the conflict to


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               allow and facilitate, in accordance with relevant provisions of international law and
               United Nations guiding principles of humanitarian assistance, the full, safe, and
               unhindered access of relief personnel, equipment and supplies to all those in need
               and the timely delivery of humanitarian assistance, in particular to internally
               displaced persons and refugees, condemning all attacks against humanitarian
               personnel and facilities and recalling that attacks against humanitarian personnel
               and depriving civilians of objects indispensable to their survival may amount to
               violations of international humanitarian law,
                     Commending the Intergovernmental Authority on Development (IGAD)
               Ministerial Group’s initiative, as supported by the United Nations and African
               Union, in establishing a forum for political and security dialogue, and expecting all
               parties to participate in this process and respect the decisions reached by IGAD
               Assembly of Heads of State and Government on 13 March 2014,
                    Welcoming the IGAD-mediated commitments made to resolve the crisis in
               South Sudan, namely the 23 January 2014 Cessation of Hostilities Agreement;
               9 May 2014 Agreement to Resolve the Crisis in South Sudan; and the 1 February
               2015 Areas of Agreement of the Establishment of the Transitional Government of
               National Unity (TGoNU) in the Republic of South Sudan,
                     Welcoming the resolve indicated in the IGAD Assembly of Heads of State and
               Government Communiqué of 10 June 2014 and 25 August 2014 that IGAD Member
               States will take further collective action, including through the imposition of
               punitive measures, to pressure any party that fails to honour its commi tments to date
               or acts contrary to the Communiqué of that Assembly,
                     Welcoming the Communiqué of the African Union Peace and Security Council
               (AU PSC) of 12 June 2014, which, inter alia, reiterated the readiness of that
               Council, upon recommendation by IGAD, to immediately pursue targeted sanctions
               and other measures against any party that continues to undermine the search for a
               solution to the conflict and fails to honour its commitments,
                    Welcoming further the Communiqué of the AU PSC of 17 September 2014
               which, inter alia, reiterated its determination, in coordination with IGAD, to take the
               necessary measures against any party that fails to honour its commitments and
               continues to undermine the search for a negotiated solution to the current crisis,
                    Strongly condemning the Government of the Republic of South Sudan and the
               Sudan People’s Liberation Movement (SPLM) — in Opposition for failing to reach
               agreement to form a transitional government within the 60 -day period outlined in
               the 26th Communiqué of 10 June 2014,
                     Taking note of the Communiqué of the 27th Extraordinary Session of the
               IGAD Assembly of Heads of State and Government in Addis Ababa on 25 August
               2014, which inter alia: deplored the numerous violations of the agreements signed
               by the Parties to date, reiterated the need for an inclusive and broad -based approach
               to negotiations; expressed serious concerns over the worsening humanitarian
               situation in South Sudan; and called upon the stakeholders to negotiate and
               complete the agreement on a Transitional Government of National Unity within
               45 days,
                   Taking note of the Communiqué of the 28th Extraordinary Session of the
               IGAD Assembly of Heads of State and Government in Addis Ababa on 7 November



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           2014, which inter alia: resolved that the Government of South Sudan and opposition
           forces commit to an unconditional, complete and immediate end to all hostilities;
           invited collective action by the States of the IGAD region to enact asset freezes and
           travel bans within the region, and denied the supply of arms and ammunition and
           any other materiel that could be used in war if the Government of South Sudan and
           opposition forces commit any violation of the cessation of hostilities; and called on
           the AU PSC, the United Nations Security Council, and the internationa l community
           to render all possible assistance in the implementation of these measures, should it
           be necessary to implement these measures,
                Taking note of the 21 January 2015 Agreement on the Reunification of the
           SPLM, agreed under the aegis of the Government of the United Republic of
           Tanzania, and 16 February 2015 Communiqué of the Meeting of the SPLM
           Tripartite Committee on the Implementation of Phase I of the Arusha SLPM
           Reunification Agreement,
                 Taking note of the AU PSC Communiqués dated 5 December 2014 and
           29 January 2015 which, inter alia, stressed that sanctions will be imposed against all
           parties that continue to obstruct the political process and undermine the Cessation of
           Hostilities Agreement of 23 January 2014,
                 Welcoming the China-mediated “Five-Point Plan” agreed upon by the
           representatives of the GRSS and the SPLM/A- in Opposition during the Special
           Consultation in Support of IGAD-led South Sudan Peace Process convened on
           12 January in Khartoum, namely: (i) earnestly commit to the full imple mentation of
           all signed agreements; (ii) speed up the pace of negotiations towards the formation
           of a transitional government at an early date; (iii) take concrete steps to relieve the
           humanitarian situation in conflict-affected areas, and facilitate access of
           international humanitarian assistance; (iv) ensure the safety of all personnel and
           assets of all countries and international entities operating in South Sudan; and
           (v) provide strong support for and take active part in the IGAD -led mediation
           efforts, and, in this regard, strongly urging both parties to immediately implement
           the Five-Point Plan,
                Expressing its deep appreciation for the actions taken by the United Nations
           Mission in South Sudan (UNMISS) peacekeepers and troop - and police-contributing
           countries to protect civilians, including foreign nationals, under threat of physical
           violence and to stabilize the security situation,
                 Recognizing the importance of independent and public human rights
           monitoring, investigation and reporting for its useful role in laying the groundwork
           for justice, accountability, reconciliation and healing among all South Sudanese
           communities,
                 Taking note with interest of the 21 February 2014 UNMISS Interim Human
           Rights report, and 8 May 2014 UNMISS “Conflict in South Sudan: A Human Rights
           Report,” and the 19 December 2014 UNMISS “Special Report: Attack on Bentiu,
           Unity State, 29 October 2014,” 29 October 2014 UNMISS “Special Report: Attack
           on Bentiu, Unity State” and the 9 January 2015 UNMISS Report on “Attacks on
           Civilians in Bentiu & Bor”,
                 Expressing grave concern that, according to the UNMISS 8 May 2014
           “Conflict in South Sudan: A Human Rights Report” there are reasonable grounds to
           believe that crimes against humanity, including extrajudicial killings, rape and other


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               acts of sexual violence, enforced disappearances, and arbitrary detention have been
               committed by both government and opposition forces, and that war crimes have
               been committed, and, stressing the urgent and imperative need to end impunity in
               South Sudan and to bring to justice perpetrators of such crimes,
                     Stressing the importance of accountability, reconciliation, and healing as
               prominent elements of a transitional agenda while taking note of the important role
               international investigations, and where appropriate, prosecutions can play with
               respect to holding those responsible for war crimes and crimes against humanity,
                     Recognizing the work of the African Union Commission of Inquiry (AU COI)
               in investigating and documenting violations as well as abuses of i nternational
               human rights law and international humanitarian law in South Sudan, anticipating
               with interest its findings and recommendations, encouraging the public release of its
               final report as soon as possible, and welcoming the further engagement of the
               African Union to ensure justice and accountability, as well as healing and
               reconciliation for South Sudan,
                     Strongly condemning the use of media to broadcast hate speech and transmit
               messages instigating sexual violence against a particular ethnic group, which has the
               potential to play a significant role in promoting mass violence and exacerbating
               conflict, and calling on the Government of the Republic of South Sudan to take
               appropriate measures to address such activity, and further urging all parties to desist
               from these actions and instead contribute to promoting peace and reconciliation
               among the communities,
                     Recognizing the important role played by civil society organizations, faith
               leaders, women, and youth in South Sudan, underscoring the importance of their
               participation — along with the former SPLM detainees and other political parties —
               to finding a sustainable solution to the crisis in the country, and concerned by
               efforts by the government to limit such participation including by preventing
               individuals from travelling to join the talks and by increased restrictions of freedom
               of expression,
                     Reaffirming all its relevant resolutions on women, peace, and security, on
               children and armed conflict, and the protection of civilians in armed conflict, as
               well as resolutions 1502 (2003) on the protection of humanitarian and United
               Nations personnel, resolution 2150 (2014) on the Prevention and Fight against
               Genocide, and resolution 2151 (2014) on security sector reform,
                     Recalling resolutions 1209 (1998) and 2117 (2013) and expressing grave
               concern at the threat to peace and security in South Sudan arising from the illicit
               transfer, destabilizing accumulation and misuse of small arms and light weapons
               and emphasizing the importance of strengthening efforts to combat the illicit
               circulation of such weapons,
                      Expressing deep concern at persistent restrictions placed upon the movement
               and operations of UNMISS, strongly condemning the attacks by government and
               opposition forces and other groups on United Nation s and IGAD personnel and
               facilities, the detentions and kidnappings of United Nations and associated
               personnel and calling upon the Government of South Sudan to complete its
               investigations of these attacks in a swift and thorough manner and to hold those
               responsible to account,




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                 Determining that the situation in South Sudan continues to constitute a threat
           to international peace and security in the region,
                Acting under Article 41 of Chapter VII of the Charter of the United Nations,
                1.   Endorses the Cessation of Hostilities Agreements (“CoH Agreements”)
           accepted and signed by the Government of the Republic of South Sudan and
           SPLM — in Opposition on 23 January 2014, 6 May 2014 and 9 May 2014;
                 2.   Expresses deep concern at the failures of both parties to honour their
           commitments to date, to engage the peace process meaningfully toward political
           resolution of the crisis and to bring an end to the violence and, in particular,
           condemns the continued and flagrant violations of the CoH Agreements as
           documented by the IGAD Monitoring and Verification Mechanism;
                 3.   Demands that the parties respect all aspects of the CoH Agreements and
           immediately implement the necessary modalities in accordance with the 9 May 2014
           Agreement and other relevant Agreements, including the progressive withdrawal of
           foreign forces deployed in South Sudan since 15 December 2013, calls upon all
           parties to armed conflict in South Sudan to issue clear orders prohibiting all
           violations of international humanitarian law and human rights violatio ns and abuses,
           and underscores the necessity for all parties to ensure immediate access to
           humanitarian agencies and further demands that the parties commit to finding a
           comprehensive agreement without further delay;
                4.    Reiterates that there is no military solution to the conflict;

           Sanctions Designation Criteria
                5.    Underscores its willingness to impose targeted sanctions in order to
           support the search for an inclusive and sustainable peace in South Sudan;
                 6.    Decides that the provisions of paragraph 9 shall apply to individuals, and
           that the provisions of paragraph 12 shall apply to individuals and entities, as
           designated for such measures by the Committee established pursuant to paragraph
           16 of this resolution (“the Committee”) pursuant to paragraphs 16 (c) and 16 (d),
           respectively, 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;
                7.  Underscores that such actions or policies as described in paragraph 6
           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 Cessation of Hostilities Agreement;
                 (b) Actions or policies that threaten transitional agreements or undermine the
           political process in South Sudan;
                 (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
           commission of acts of violence (including killing, maiming, torture, or rape or other



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               sexual violence), abduction, enforced disappearance, forced displacement, or attacks
               on schools, hospitals, religious sites, or locations where civilians are seeking refuge,
               or through conduct that would constitute a serious abuse or violation of human
               rights or a violation of international humanitarian law;
                     (e) The use or recruitment of children by armed groups or armed forces in
               the context of the armed conflict in South Sudan;
                    (f) The obstruction of the activities of international peacekeeping,
               diplomatic, or humanitarian missions in South Sudan, including IGAD ’s Monitoring
               and Verification Mechanism or of the delivery or distribution of, or access to,
               humanitarian assistance;
                    (g) Attacks against United Nations missions, international security
               presences, or other peacekeeping operations, or humanitarian personnel; or
                    (h) Acting for or on behalf of, directly or indirectly, an individual or entity
               designated by the Committee;
                     8.    Decides that the provisions of paragraphs 9 and 12 shall apply to
               individuals, as designated for such measures by the Committee who are leaders of
               any entity, including any South Sudanese government, opposition, militia, or other
               group, that has, or whose members have, engaged in any of the activities described
               in paragraphs 6 and 7 above;

               Travel Ban
                     9.    Decides that, for an initial period of one year from the date of adoption
               of this resolution, all Member States shall take the necessary measures to prevent
               the entry into or transit through their territories of any individuals wh o may be
               designated by the Committee, provided that nothing in this paragraph shall oblige a
               State to refuse its own nationals entry into its territory;
                     10. Notes that designated individuals may have multiple nationalities or
               passports, expresses its concern that travel between the two States of which a
               designated individual has nationality or a passport may undermine the objectives of
               the travel ban imposed in paragraph 9, and requests that the Panel of Experts
               established in paragraph 18 of this resolution (the “Panel of Experts”) report to the
               Committee information about such travel;
                    11.   Decides that the measures imposed by paragraph 9 above shall not apply:
                     (a) Where the Committee determines on a case-by-case basis that such travel
               is justified on the grounds of humanitarian need, including religious obligation;
                    (b)   Where entry or transit is necessary for the fulfilment of a judicial
               process;
                   (c) Where the Committee determines on a case-by-case basis that an
               exemption would further the objectives of peace and national reconciliation in South
               Sudan and stability in the region;

               Asset Freeze
                    12. Decides that, for an initial period of one year from the date of adoption
               of this resolution, all Member States shall freeze without delay all funds, other



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           financial assets and economic resources which are on their territories, which are
           owned or controlled, directly or indirectly, by any individuals or entities that may be
           designated by the Committee, or by any individuals or entities acting on their behalf
           or at their direction, or by entities owned or controlled by them, and decides further
           that all Member States shall for this initial period ensure that neither these nor any
           other funds, financial assets or economic resources are made available, directly o r
           indirectly for such persons’ benefit, by their nationals or by persons within their
           territory;
                 13. Decides that the measures imposed by paragraph 12 above do not apply
           to funds, other financial assets or economic resources that have been determined by
           relevant Member States:
                 (a) To be necessary for basic expenses, including payment for foodstuffs,
           rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and
           public utility charges or exclusively for payment of reasonable professional fees and
           reimbursement of incurred expenses associated with the provision of legal services
           in accordance with national laws, or fees or service charges, in accordance with
           national laws, for routine holding or maintenance of frozen funds, other financial
           assets and economic resources, after notification by the relevant State to the
           Committee of the intention to authorize, where appropriate, access to such funds,
           other financial assets or economic resources and in the absence of a negative
           decision by the Committee within five working days of such notification;
                (b) To be necessary for extraordinary expenses, provided that such
           determination has been notified by the relevant State or Member States to the
           Committee and has been approved by the Committee;
                 (c) To be the subject of a judicial, administrative or arbitral lien or judgment,
           in which case the funds, other financial assets and economic resources may be used
           to satisfy that lien or judgment provided that the lien or judgment was entered into
           prior to the date of the present resolution, is not for the benefit of a person
           designated by the Committee, and has been notified by the relevant State or Member
           States to the Committee;
                 14. Decides that Member States may permit the addition to the accounts
           frozen pursuant to the provisions of paragraph 12 above of interest or other earnings
           due on those accounts or payments due under contracts, agreements or obligations
           that arose prior to the date on which those accounts became subject to the provisions
           of this resolution, provided that any such interest, other earnings and payments
           continue to be subject to these provisions and are frozen;
                 15. Decides that the measures in paragraph 12 above shall not prevent a
           designated person from making payment due under a contract entered into prior to
           the listing of such a person, provided that the relevant States have determined that
           the payment is not directly or indirectly received by a person designated pursuant to
           paragraph 12 above, and after notification by the relevant States to the Committee
           of the intention to make or receive such payments or to authorize, where
           appropriate, the unfreezing of funds, other financial assets or economic resources
           for this purpose, ten working days prior to such authorization;




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               Sanctions Committee/Panel of Experts
                     16. Decides to establish, in accordance with rule 28 of its provisional rules
               of procedure, a Committee of the Security Council consisting of all the members of
               the Council (herein “the Committee”), to undertake the following tasks:
                    (a) To monitor implementation of the measures imposed by paragraphs 9 and
               12 of this resolution with a view to strengthening, facilitating and improving
               implementation of these measures by Member States;
                   (b) To seek and review information regarding those individuals and entities
               who may be engaging in the acts described in paragraph 6 and 7 above;
                    (c) To designate individuals subject to the measures imposed by paragraph 9
               above and to consider requests for exemptions in accordance with pa ragraph 11
               above;
                    (d) To designate individuals and entities subject to the measures imposed by
               paragraph 12 above, and to consider requests for exemptions in paragraph 13 above;
                    (e) To establish such guidelines as may be necessary to facilitate the
               implementation of the measures imposed above;
                    (f) To report within 60 days to the Security Council on its work and
               thereafter to report as deemed necessary by the Committee;
                     (g) To encourage a dialogue between the Committee and interested Member
               States, in particular those in the region, including by inviting representatives of such
               States to meet with the Committee to discuss implementation of the measures;
                    (h) To seek from all States whatever information it may consider useful
               regarding the actions taken by them to implement effectively the measures imposed;
               and,
                     (i) To examine and take appropriate action on information regarding alleged
               violations or non-compliance with the measures contained in this resolution;
                     17. Calls upon all Member States to report to the Committee ninety days
               from the adoption of this resolution on the steps they have taken to implement
               effectively paragraphs 9 and 12 of this resolution;
                    18. Requests the Secretary-General to create for an initial period, thirteen
               months from the adoption of this resolution, in consultation with the Committee, a
               group of up to five experts (“Panel of Experts”), under the direction of the
               Committee, and to make the necessary financial and security arrangements to
               support the work of the Panel, expresses its intent to consider the renewal of this
               mandate no later than March 2, 2016, and decides that the Panel shall carry out the
               following tasks:
                     (a) Assist the Committee in carrying out its mandate as specified in this
               resolution, including through providing the Committee with information relevant to
               the potential designation of individuals and entities who may be engaging in the
               activities described in paragraphs 6 and 7 above;
                     (b) Gather, examine and analyse information regarding the implementatio n
               of   the measures decided in this resolution, in particular incidents of




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           non-compliance, with particular focus on the benchmarks outlined in paragraphs 21
           and 22 below;
                 (c) Gather, examine and analyse information regarding the supply, sale or
           transfer of arms and related materiel and related military or other assistance,
           including through illicit trafficking networks, to individuals and entities
           undermining political processes to reach a final peace agreement or participating in
           acts that violate international human rights law or international humanitarian law, as
           applicable;
                (d) Provide to the Council, after discussion with the Committee, an interim
           report by September 1, 2015, a final report by February 1, 2016, and except in the
           months when these reports are due, updates each month; and,
                 (e) Assist the Committee in refining and updating information on the list of
           individuals and entities subject to the measures imposed by this resolution,
           including through the provision of identifying information and additional
           information for the publicly-available narrative summary of reasons for listing;
                  19. Urges all parties and all Member States, as well as international, regional
           and subregional organizations to ensure cooperation with the Panel of Experts 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;
                20. 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);

           Review
                 21. Expresses its intent to review the situation after the IGAD-agreed
           deadline of March 5, 2015, and again after the envisioned start of the Pre -Transition
           Period on April 1, 2015, and at 60-day intervals thereafter or more frequently, as
           needed, and also expresses its intent to impose any sanctions that may then be
           appropriate to respond to the situation, which may include an arms embargo and the
           designation of senior individuals responsible for actions or policies that threaten the
           peace, security or stability of South Sudan, so as to encourage the Government of
           South Sudan and opposition forces to form a transitional government of national
           unity, take effective and comprehensive steps to cause forces under direct or in direct
           control to cease military operations, acts of violence, as well as violations of human
           rights, and enable full access for humanitarian assistance;
                 22. Affirms also that it shall be prepared to adjust the measures contained in
           this resolution, including by strengthening through additional measures, as well as
           modification, suspension or lifting of the measures, as may be needed at any time in
           light of the progress achieved in the peace, accountability, and reconciliation
           process, and in light of the implementation of the parties’ commitments, including
           the Cessation of Hostilities Agreement and other commitments specified in the
           preamble of this resolution, and compliance with this resolution;
                23.   Decides to remain seized of the matter.




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