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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 371 Reported in Senate (RS)]

<DOC>
                                                       Calendar No. 338
116th CONGRESS
  1st Session
S. RES. 371

  Reaffirming the support of the United States for the people of the 
  Republic of South Sudan and calling on all parties to uphold their 
 commitments to peace and dialogue as outlined in the 2018 revitalized 
                            peace agreement.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 22, 2019

    Mr. Coons (for himself, Mr. Isakson, Mr. Durbin, Mr. Young, Mr. 
   Gardner, Mr. Kaine, Mr. Van Hollen, Mr. Cardin, Mr. Cruz, and Mr. 
 Wicker) submitted the following resolution; which was referred to the 
                     Committee on Foreign Relations

                           December 17, 2019

   Reported by Mr. Risch, with an amendment and an amendment to the 
                                preamble
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                               RESOLUTION

 
  Reaffirming the support of the United States for the people of the 
  Republic of South Sudan and calling on all parties to uphold their 
 commitments to peace and dialogue as outlined in the 2018 revitalized 
                            peace agreement.

Whereas the United States recognized South Sudan as a sovereign, independent 
        state on July 9, 2011, following its secession from Sudan;
Whereas the United States played a key role in helping draft the 2005 
        Comprehensive Peace Agreement that laid the groundwork for the 2011 
        referendum on self-determination, through which the people of South 
        Sudan overwhelmingly voted for independence;
Whereas the people and Government of the United States have a deep and abiding 
        interest in South Sudan's political stabilization and post-conflict 
        development;
Whereas stability in Sudan is critical to peace and security in the region, 
        including for South Sudan, and the United States Government remains 
        committed to fostering Sudan's peaceful transition, as reflected by the 
        passage of Senate Resolution 188 (116th), which ``encourag[es] a swift 
        transfer of power by the military to a civilian-led political authority 
        in the Republic of the Sudan'';
Whereas, since the onset of the civil war in South Sudan in December 2013, 
        nearly 400,000 South Sudanese citizens are estimated to have been 
        killed, 1,900,000 have been internally displaced, and 2,300,000 have 
        fled the country and registered as refugees;
Whereas the Revitalized Agreement on the Resolution of the Conflict in the 
        Republic of South Sudan (R-ARCSS) signed on September 12, 2018 by the 
        political parties of South Sudan, affirms the Parties' commitment to the 
        permanent ceasefire and forbids human rights violations and restrictions 
        on humanitarian assistance;
Whereas the R-ARCSS establishes two phases of implementation, a Pre-Transitional 
        Period until May 12, 2019, which was subsequently extended to November 
        12, 2019, followed by the establishment of a Revitalized Transitional 
        Government of National Unity (RTGoNU) for three years;
Whereas the six-month extension of the deadline to form the RTGoNU was granted 
        to allow additional time to complete critical Pre-Transitional tasks, 
        including agreement on the number and boundaries of states and important 
        security arrangements;
Whereas the R-ARCSS stipulates that the signatories will create an enabling 
        political, administrative, operational, and legal environment for the 
        delivery of humanitarian assistance and protection;
Whereas the people of South Sudan continue to suffer from a humanitarian crisis, 
        with the United Nations reporting that over 6,300,000 people, more than 
        half the population, were classified as severely food insecure at the 
        peak of the lean season in 2019, including an estimated 10,000 who faced 
        famine conditions, and despite slight improvements in food security 
        during the harvest, the number of children under age five who are 
        acutely malnourished is projected to rise to 1,300,000 in early 2020;
Whereas humanitarian organizations are providing lifesaving assistance to more 
        than 5,300,000 South Sudanese people and are providing other vital 
        support services such as medical care to survivors of sexual violence 
        and facilitating access to education to over 690,000 children;
Whereas religious and faith-based organizations have played a key role in the 
        peace process and humanitarian response efforts in support of the people 
        of South Sudan;
Whereas at least 112 humanitarian aid workers have been killed since the start 
        of the conflict in 2013, including at least 15 in 2018;
Whereas the United States Department of State 2018 Country Report on Human 
        Rights Practices in South Sudan states that both the government and 
        opposition forces engaged in serious human rights abuses by perpetrating 
        extrajudicial killings, including ethnically based targeted killings of 
        civilians, and by engaging in arbitrary detentions, torture, rape, 
        beatings, and looting of property;
Whereas, on March 15, 2019, the United Nations Security Council extended the 
        mandate of the United Nations Mission (UNMISS) in South Sudan for one 
        year and authorized UNMISS to use all necessary means to deter violence 
        against civilians, to prevent and respond to sexual and gender-based 
        violence, and to foster a secure environment for the return or 
        relocation of internally displaced persons (IDPs) and refugees;
Whereas impunity for past atrocities continues to drive violence in South Sudan, 
        and signatories to the R-ARCSS committed to the establishment of 
        transitional justice measures;
Whereas the United Nations Children's Fund (UNICEF) has reported that children 
        comprise approximately 25 percent of all reported cases of conflict-
        related sexual violence, and the United Nations Commission on Human 
        Rights in South Sudan has reported that forced recruitment of child 
        soldiers is increasing, despite the 2018 peace agreement;
Whereas illicitly obtained wealth and revenue sources perpetuate conflict in 
        South Sudan;
Whereas leaders of South Sudan use violence and corruption as a means of 
        capturing key sectors of the national economy, such as the oil and 
        mining sectors, for purposes of personal enrichment; and
Whereas the United Nations Security Council adopted resolution 2471 on May 30, 
        2019, to extend its sanctions regime in South Sudan and renew the 
        prohibition of the supply, sale, or transfer to South Sudan of arms and 
        related material or the provision of training, technical, and financial 
        assistance related to military activities or materials until May 31, 
        2020: Now, therefore, be it
Whereas the people and Government of the United States have a deep and abiding 
        interest in South Sudan's democratic development and post-conflict 
        stabilization;
Whereas the United States was a critical partner in the drafting and 
        implementation of the 2005 Comprehensive Peace Agreement that laid the 
        groundwork for the 2011 referendum on self-determination, through which 
        the people of South Sudan overwhelmingly voted for independence;
Whereas the United States recognized South Sudan as a sovereign, independent 
        state on July 9, 2011;
Whereas, since the onset of the civil war in South Sudan in December 2013, 
        nearly 400,000 South Sudanese citizens are estimated to have been 
        killed, 1,900,000 have been internally displaced, and 2,300,000 have 
        fled the country and registered as refugees;
Whereas violence erupted in Juba in July 2016 and spread throughout the country 
        in violation of the August 17, 2015, Agreement on the Resolution of the 
        Conflict in the Republic of South Sudan (ARCSS);
Whereas the Revitalized Agreement on the Resolution of the Conflict in the 
        Republic of South Sudan (R-ARCSS), signed on September 12, 2018, 
        affirmed the Parties' commitment to the permanent ceasefire, 
        humanitarian access, and respect for human rights, and established two 
        phases of implementation, an 8-month Pre-Transitional Period followed by 
        a 36 month Transitional Period that includes the establishment of a 
        Revitalized Transitional Government of National Unity (RTGoNU), and 
        calls for elections 60 days prior to the end of the Transitional Period 
        to establish a democratic government;
Whereas the R-ARCSS stipulates that the signatories will create an enabling 
        political, administrative, operational, and legal environment for the 
        delivery of humanitarian assistance and civilian protection;
Whereas two extensions to the deadline to form the RTGoNU have been granted to 
        allow additional time to complete critical Pre-Transitional tasks, 
        including agreement on the number and boundaries of states and important 
        security arrangements;
Whereas the United States Department of State 2018 Country Report on Human 
        Rights Practices in South Sudan states that both the government and 
        opposition forces engaged in serious human rights abuses by perpetrating 
        extrajudicial killings, including ethnically based targeted killings of 
        civilians, and by engaging in arbitrary detentions, torture, rape, 
        beatings, and looting of property;
Whereas, on March 15, 2019, the United Nations Security Council extended the 
        mandate of the United Nations Mission in South Sudan (UNMISS) for one 
        year and authorized UNMISS to use all necessary means to deter violence 
        against civilians, to prevent and respond to sexual and gender-based 
        violence, and to foster a secure environment for the return or 
        relocation of internally displaced persons (IDPs) and refugees;
Whereas the people of South Sudan continue to suffer from a humanitarian crisis, 
        despite over $4,500,000,000 in United States humanitarian aid provided 
        since the conflict began, with more than half the population 
        experiencing acute food insecurity at the peak of the lean season in 
        2019, and humanitarian organizations are providing more than 5,300,000 
        people with lifesaving assistance and other vital support services, such 
        as medical care to survivors of sexual violence and facilitating access 
        to education to over 690,000 children;
Whereas South Sudan has been at the lowest tier of the Department of State's 
        Trafficking in Persons rankings since 2015, indicating that its 
        government does not fully meet the minimum standards for the elimination 
        of trafficking and is not making significant efforts to do so;
Whereas impunity for past atrocities, corruption, and capture of key sectors of 
        the national economy, such as the oil and mining sectors, continues to 
        drive violence in South Sudan, and signatories to the R-ARCSS committed 
        to the establishment of transitional justice and economic and resource 
        management measures;
Whereas the United Nations Security Council adopted resolution 2471 on May 30, 
        2019, to extend its sanctions regime in South Sudan and renew the 
        prohibition of the supply, sale, or transfer to South Sudan of arms and 
        related material or the provision of training, technical, and financial 
        assistance related to military activities or materials until May 31, 
        2020; and
Whereas peace and security in South Sudan is critical to peace and security in 
        East Africa: Now, therefore, be it
    Resolved, That it is the sense of the Senate--
        <DELETED>    (1) to reaffirm the commitment of the United 
        States to support peace in South Sudan;</DELETED>
        <DELETED>    (2) to call on the incumbent government and all 
        other signatories of the R-ARCSS to--</DELETED>
                <DELETED>    (A) create a secure, enabling environment 
                for all relevant political leaders to participate 
                actively in the formation of the RTGoNU and South 
                Sudan's political stabilization and post-conflict 
                development;</DELETED>
                <DELETED>    (B) resolve peacefully the remaining 
                political issues for negotiation during the Pre-
                Transitional Period, including agreement on the number 
                and boundaries of states before the extended deadline 
                of November 12, 2019;</DELETED>
                <DELETED>    (C) establish a RTGoNU by November 12, 
                2019;</DELETED>
                <DELETED>    (D) adhere to the cessation of hostilities 
                and enable the delivery of humanitarian assistance and 
                protection;</DELETED>
                <DELETED>    (E) immediately release all political 
                prisoners and fulfill their responsibility to protect 
                civilians; and</DELETED>
                <DELETED>    (F) ensure respect for and full exercise 
                of the right to freedom of expression, association, and 
                peaceful assembly;</DELETED>
        <DELETED>    (3) that the Secretary of State and the 
        Administrator of the United States Agency for International 
        Development (USAID) should continue to provide immediate 
        lifesaving assistance to meet the dire humanitarian needs of 
        the South Sudanese people;</DELETED>
        <DELETED>    (4) that the Secretary of State and the USAID 
        Administrator should continue to support civilians, 
        particularly women and children, who have been adversely 
        affected by the civil war, and should provide foreign 
        assistance to support peacebuilding, conflict prevention, 
        transitional justice, and reconciliation efforts led by local 
        civil society;</DELETED>
        <DELETED>    (5) that the Secretary of State should monitor 
        implementation of the UNMISS mandate authorized by United 
        Nations Security Council Resolution 2459 (2019) and ensure that 
        any return or relocation of IDPs from United Nations protection 
        of civilian sites are safe, informed, voluntary, dignified, and 
        conducted in coordination with humanitarian actors;</DELETED>
        <DELETED>    (6) that the Secretary of State, in conjunction 
        with the Secretary of the Treasury, should continue to monitor 
        human rights abuse and corruption in South Sudan and take 
        decisive action using authorities granted under the Global 
        Magnitsky Human Rights Accountability Act (subtitle F of title 
        XII of Public Law 114-328; 22 U.S.C. 2656 note);</DELETED>
        <DELETED>    (7) that the Secretary of the Treasury should use 
        best efforts to prevent, detect, investigate, and mitigate 
        money laundering activities; and</DELETED>
        <DELETED>    (8) that the United States Government should 
        support implementation and subsequent renewal of the United 
        Nations Security Council arms embargo in South Sudan to prevent 
        continued illicit acquisition of arms and military equipment by 
        all parties and the proliferation of weapons throughout the 
        country, and that the lifting of a United Nations arms embargo 
        should be contingent upon--</DELETED>
                <DELETED>    (A) sustained adherence to the permanent 
                ceasefire, tangible efforts to end impunity for 
                violence against civilians, and consistent, unimpeded 
                humanitarian access in accordance with international 
                humanitarian principles of humanity, neutrality, 
                impartiality, and independence;</DELETED>
                <DELETED>    (B) holding free, fair, and peaceful 
                democratic elections; and</DELETED>
                <DELETED>    (C) cessation of widespread abuses and 
                violations by armed actors against civilians.</DELETED>
That the Senate--
            (1) supports a sustainable peace and democracy in South 
        Sudan;
            (2) calls on the incumbent government and all other 
        signatories of the R-ARCSS to--
                    (A) take concrete and meaningful steps to create an 
                enabling environment, to include security arrangements 
                for Juba and the unification of forces, for all 
                relevant stakeholders to participate actively in the 
                formation of the RTGoNU and South Sudan's democratic 
                development and post-conflict stabilization;
                    (B) take immediate action to resolve peacefully the 
                remaining political issues for negotiation during the 
                Pre-Transitional Period, including agreement on the 
                number and boundaries of states;
                    (C) adhere to the cessation of hostilities and 
                ensure humanitarian access;
                    (D) immediately release all political prisoners and 
                fulfill their responsibility to protect civilians;
                    (E) ensure respect for the right to freedom of 
                expression, association, and peaceful assembly; and
                    (F) cease recruitment and immediately release all 
                child soldiers under the command or influence of the 
                South Sudan People's Defense Forces (SSPDF) and its 
                associated militias;
            (3) calls on heads of state of member countries of the 
        Intergovernmental Authority on Development in East Africa to 
        engage South Sudanese leaders and parties to uphold their 
        commitments to the peace agreement, including maintaining the 
        cease-fire, to make good-faith progress toward peacefully 
        forming the RTGoNU, and to resolve other key issues;
            (4) calls on the Secretary of State and the Administrator 
        of the United States Agency for International Development 
        (USAID) to--
                    (A) intensify bilateral and multilateral diplomatic 
                efforts to demonstrate the commitment of the United 
                States to helping achieve a permanent and sustainable 
                peace in South Sudan on par with its commitment to 
                ameliorate the suffering of the South Sudanese people;
                    (B) elevate and consult additional voices in South 
                Sudan to broaden the constituency and shared 
                responsibility for maintaining peace and fulfilling the 
                commitments of the Pre-Transitional and Transitional 
                periods; and
                    (C) continue to support civilians, particularly 
                women and children, who have been adversely affected by 
                the civil war, and provide assistance to meet 
                humanitarian needs and support peacebuilding, conflict 
                prevention, transitional justice, and reconciliation 
                efforts led by local civil society;
            (5) urges the Secretary of State and the United States 
        Permanent Representative to the United Nations to monitor 
        implementation of the UNMISS mandate authorized by United 
        Nations Security Council Resolution 2459 (2019) and ensure that 
        any return or relocation of IDPs from United Nations Protection 
        of Civilian sites are safe, informed, voluntary, dignified, and 
        conducted in coordination with humanitarian actors;
            (6) urges the Secretary of State, in conjunction with the 
        Secretary of the Treasury to continue to monitor human rights 
        abuses and corruption in South Sudan and take decisive action 
        using authorities granted under the Global Magnitsky Human 
        Rights Accountability Act (subtitle F of title XII of Public 
        Law 114-328; 22 U.S.C. 2656 note);
            (7) urges the Secretary of the Treasury to exercise all 
        options to prevent, detect, investigate, and mitigate money 
        laundering activities; and
            (8) supports implementation and subsequent renewal of the 
        United Nations Security Council arms embargo in South Sudan to 
        prevent continued illicit acquisition of arms and military 
        equipment by all parties and the proliferation of weapons 
        throughout the country.

                                                       Calendar No. 338

116th CONGRESS

  1st Session

                              S. RES. 371

_______________________________________________________________________

                               RESOLUTION

  Reaffirming the support of the United States for the people of the 
  Republic of South Sudan and calling on all parties to uphold their 
 commitments to peace and dialogue as outlined in the 2018 revitalized 
                            peace agreement.

_______________________________________________________________________

                           December 17, 2019

      Reported with an amendment and an amendment to the preamble
```