Security Council Resolution 2046 (2012) [on the Situation in Sudan and South Sudan]

S/RES/2046(2012)View PDF

Who created this mandate?

A Resolution of the Security Council, under agenda item 160Reports of the Secretary-General on the Sudan, published in 2012.

Who cites this mandate in the budget?

1 entity

A dot marks an entity citing this document in its “Mandates and background” narrative rather than only its Legislative mandates list. Many do both.

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What subjects does this mandate have?

8 topics

Abyei (Sudan)Boundaries Demilitarized Zones Human Rights in Armed Conflicts Internal Security Negotiation South Sudan Sudan

Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2012.

2012S/2012/877Report of the Secretary-General on the Sudan and South Sudan

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What does this mandate say?

21 operative paragraphs

Decides that Sudan and South Sudan shall take the following actions with immediate effect unless otherwise specified below:

Immediately cease all hostilities, including aerial bombardments, with the parties formally conveying their commitment in this respect to the Chairperson of the African Union Commission and the President of the Security Council not later than 48 hours from the adoption of this resolution;

Unconditionally withdraw all of their armed forces to their side of the border, in accordance with previously adopted Agreements, including the Agreement on the Border Monitoring Support Mission of 30 July 2011;

iii

Activate, within no more than a week of the adoption of this resolution, the necessary border security mechanisms, namely the Joint Border Verification and Monitoring Mechanism (JBVMM) and the Safe Demilitarized Border Zone (SDBZ), in accordance with the administrative and security map presented to the Parties by the AUHIP in November 2011, it being understood that this map in no way prejudices ongoing negotiations on the disputed areas and demarcation of the border;

Cease the harbouring of, or support to, rebel groups against the other State;

Activate the ad hoc Committee, under the Joint Political and Security Mechanism, to receive and investigate complaints and allegations made by one party against the other;

Immediately cease hostile propaganda and inflammatory statements in the media, as well as any attacks against the property, religious and cultural symbols belonging to the nationals of the other State, with the two governments assuming full responsibility for the protection of each other’s nationals in line with international principles, consistent with the Framework Agreement on the Status of Nationals of the Other State and Related Matters initialled in March 2012;

vii

Implement pending aspects of the 20 June 2011 Agreement on Temporary Security and Administrative Arrangements for the Abyei Area, in particular the redeployment, within no more than two weeks of the adoption of this resolution, of all Sudanese and South Sudanese forces out of the Abyei Area;

Decides that Sudan and South Sudan shall unconditionally resume negotiations, under the auspices of the AUHIP and with the support of the Chairman of IGAD, at a time to be set by the AUHIP in consultation with relevant international partners, but within no more than two weeks from the time of adoption of this resolution, to reach agreement on the following critical issues:

Arrangements concerning oil and associated payments;

The status of nationals of one country resident in the other, consistent with the Framework Agreement on the Status of Nationals of the Other State and Related Matters initialled in March 2012;

iii

Resolution of the status of the disputed and claimed border areas and the demarcation of the border; and

The final status of the Abyei Area;

Decides that the Government of Sudan and the SPLM-North shall extend full cooperation to the AUHIP and the Chair of IGAD, to reach a negotiated settlement on the basis of the June 28, 2011 Framework Agreement on Political Partnership between NCP and SPLM-N and Political and Security Arrangements in Blue Nile and Southern Kordofan States;

Strongly urges Sudan and the SPLM-N to accept the tripartite proposal submitted by the African Union, the United Nations and the League of Arab States, to permit humanitarian access to the affected population in the two areas, ensuring in accordance with applicable international law, including applicable international humanitarian law, and guiding principles of emergency humanitarian assistance, the safe, unhindered and immediate access of United Nations and other humanitarian personnel, as well as the delivery of supplies and equipment, in order to allow such personnel to efficiently perform their task of assisting the conflict-affected civilian population;

Decides that the negotiations referred to in paragraph 2 above shall be concluded within three months of the adoption of this resolution, and in the event these negotiations fail to result in an agreement on any or all of the issues within the allotted timeframe of three months, requests the Secretary-General, in consultation with the AUHIP, the Chair of IGAD, and the Chairman of the AU Commission, to report within four months of the date of this resolution to the Security Council on the status of the negotiations, including detailed proposals on all outstanding issues;

Requests the Secretary-General to consult with the African Union on the implementation of this resolution and the decisions of the AU PSC, to work closely with the AUHIP in support of its facilitation efforts, and to inform the Security Council within 15 days and in two week intervals thereafter on the status of compliance by Sudan, South Sudan, and the SPLM-N with the decisions set forth in this resolution, and expresses its intention, in the event that any or all of the parties have not complied with the decisions set forth in this resolution, to take appropriate additional measures under Article 41 of the Charter as necessary;

Calls upon all parties to promote and protect human rights, including those of women and people belonging to vulnerable groups, to comply with their obligations under international law, including international humanitarian and international human rights law, and calls for those responsible for serious violations of such law, including sexual violence, to be held accountable;

Commends the efforts by UNISFA in carrying out its mandate, expresses its deep appreciation for the work of the Force Commander and the troop-contributing countries, and expresses its intention to evaluate the mandate of UNISFA in the context of compliance by Sudan and South Sudan with the decisions set forth in this resolution, and with the fulfilment of their commitments as set out in the June 20, June 29, and July 30, 2011 Agreements;

Stresses the importance of, and the need to restore, a comprehensive, just and lasting peace between Sudan and South Sudan;

Decides to remain actively seized of this matter.

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