Security Council Resolution 2206 (2015) [on the Situation in South Sudan]

S/RES/2206(2015)View PDF

Who created this mandate?

A document of the Security Council, under agenda item 223Reports of the Secretary-General on the Sudan and South Sudan, published in 2015.

Who cites this mandate in the budget?

2 entities

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

Extracted automatically from each entity’s budget submission.

What subjects does this mandate have?

7 topics

Frozen Assets Humanitarian Assistance Internal Security Peace Agreements Sanctions Compliance South Sudan Travel Restrictions

What does this mandate say?

51 operative paragraphs

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;

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;

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 violations 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;

Reiterates that there is no military solution to the conflict;

Sanctions Designation Criteria

Underscores its willingness to impose targeted sanctions in order to support the search for an inclusive and sustainable peace in South Sudan;

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;

Underscores that such actions or policies as described in paragraph 6 above may include, but are not limited to:

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;

Actions or policies that threaten transitional agreements or undermine the political process in South Sudan;

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;

The targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other 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;

The use or recruitment of children by armed groups or armed forces in the context of the armed conflict in South Sudan;

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;

Attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel; or

Acting for or on behalf of, directly or indirectly, an individual or entity designated by the Committee;

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

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 who 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;

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;

Decides that the measures imposed by paragraph 9 above shall not apply:

Where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation;

Where entry or transit is necessary for the fulfilment of a judicial process;

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

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 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 or indirectly for such persons’ benefit, by their nationals or by persons within their territory;

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:

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;

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;

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;

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;

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;

Sanctions Committee/Panel of Experts

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:

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;

To seek and review information regarding those individuals and entities who may be engaging in the acts described in paragraph 6 and 7 above;

To designate individuals subject to the measures imposed by paragraph 9 above and to consider requests for exemptions in accordance with paragraph 11 above;

To designate individuals and entities subject to the measures imposed by paragraph 12 above, and to consider requests for exemptions in paragraph 13 above;

To establish such guidelines as may be necessary to facilitate the implementation of the measures imposed above;

To report within 60 days to the Security Council on its work and thereafter to report as deemed necessary by the Committee;

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;

To seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed; and,

To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in this resolution;

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;

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:

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;

Gather, examine and analyse information regarding the implementation of the measures decided in this resolution, in particular incidents of non-compliance, with particular focus on the benchmarks outlined in paragraphs 21 and 22 below;

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;

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,

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;

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;

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

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 indirect control to cease military operations, acts of violence, as well as violations of human rights, and enable full access for humanitarian assistance;

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;

Decides to remain seized of the matter.

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