Αποφάσεις - Ανακοινώσεις — ΦΕΚ A' 126/2023
ΠΕΡΙΕΧΟΜΕΝΑ ΑΠΟΦΑΣΕΙΣ 1 Δημοσίευση υπουργικής απόφασης περί απόφασης 2683 (2023) του Συμβουλίου Ασφαλείας Ο.Η.Ε. σχετικά με τη Δημοκρατία του Νότιου Σουδάν. 2 Δημοσίευση υπουργικής απόφασης περί απόφασης 2684 (2023) του Συμβουλίου Ασφαλείας Ο.Η.Ε. σχετικά με τη Λιβύη. ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.3401/ΑΣ33128 (1) Δημοσίευση υπουργικής απόφασης περί απόφασης 2683 (2023) του Συμβουλίου Ασφαλείας Ο.Η.Ε. σχετικά με τη Δημοκρατία του Νότιου Σουδάν. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Τη διάταξη του άρθρου 1 του α.ν. 92 της υπ’ αρ. 3/ 10.08.67 «Περί εφαρμογής αποφάσεων του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών και περί εγκρίσεως και εφαρμογής συστάσεων του Συμβουλίου Ασφαλείας και της Γενικής Συνελεύσεως» (Α΄139). Προβαίνουμε στη δημοσίευση της υπ’ αρ. 2683/2023 απόφασης του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών η οποία είναι, δυνάμει του άρθρου 25 του Χάρτη των Ηνωμένων Εθνών που κυρώθηκε με τον α.ν. 585/1945, υποχρεωτική για τα κράτη μέλη του Οργανισμού και παραγγέλλουμε την αυστηρή τήρηση και συμμόρφωση προς τις διατάξεις της απόφασης αυτής. Κατωτέρω παρατίθεται το κείμενο της απόφασης στην αγγλική γλώσσα και σε ελληνική μετάφραση. 7KH6HFXULW\&RXQFLO 5HFDOOLQJ its previous resolutions, statements of its President, and press statements on the situation in South Sudan, $IILUPLQJits support for the 2018 “Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the Revitalised Agreement), VWUHVVLQJ that the peace process only remains viable with the full commitment by all parties, XUJLQJ the full implementation without delay of the Revitalised Agreement and of the Agreement on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan, and QRWLQJ ZLWK FRQFHUQ the delayed implementation of the Revitalised Agreement, which necessitated a further two-year extension of the transitional political arrangements, :HOFRPLQJ encouraging developments in the implementation of elements of the Revitalised Agreement, including the completion of the first phase of the training and graduation of the Necessary Unified Forces, the drafting of documents required in stage 1 of the Strategic Defence and Security Review, and on training, awareness-raising, and sensitization for the implementation of the Joint Action Plan for the Armed Forces on addressing conflict-related sexual violence, ([SUHVVLQJappreciation for the leadership of the Intergovernmental Authority on Development (IGAD) in advancing the peace process in South Sudan, ZHOFRPLQJthe resumption of mediation by the Community of Sant’Egidio to foster political dialogue between signatories and non-signatories of the Revitalised Agreement, and FDOOLQJRQSouth Sudanese parties to demonstrate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outh Sudan Presidential Guard Unit, and by assigning clear missions to these forces in keeping with the Strategic Defense and Security Review (SDSR) process contained in the Revitalised Agreement, ([SUHVVLQJ deep concern at continued fighting in South Sudan, FRQGHPQLQJ repeated violations of the Revitalised Agreement and the Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access (ACOH), VWURQJO\FRQGHPQLQJall fighting, including violence in Upper Nile, Jonglei, and Central Equatoria states, and GHPDQGLQJthat parties that violate the ACOH be held accountable in accordance with their obligations under the ACOH and Revitalised Agreement, 6WURQJO\FRQGHPQLQJpast and ongoing human rights violations and abuses and violations of international humanitarian law by all parties, including by armed groups and national security forces, as well as the incitement to commit such abuses and violations, and the alarming surge in conflict-related sexual violence, which is a basis for designation, as described in paragraph 15 (e) of resolution 2521 (2020), IXUWKHU FRQGHPQLQJ harassment, targeting, and censorship of civil society, including journalists, human rights defenders, humanitarian personnel, and media correspondents, HPSKDVL]LQJ that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable, and that the Revitalised Transitional Government of National Unity (RTGNU) bears the primary responsibility to protect its population from genocide, war crimes, ethnic cleansing, and crimes against humanity, and H[SUHVVLQJ FRQFHUQ that, despite the signing of the Revitalised Agreement, violations and abuses including those involving gender-based violence continue to occur, which may amount to international crimes, including war crimes and crimes against humanity, ([SUHVVLQJits alarm and deep concern over continued armed violence against humanitarian workers and facilities, and food convoys that resulted in the deaths of at least 20 humanitarian workers and volunteers and nearly 50 security incidents since January 2023, and the looting and destruction of lifesaving assistance, VWURQJO\ FRQGHPQLQJ all instances of violence against humanitarians, H[SUHVVLQJgrave concern at the imposition of taxes and illegal fees which hamper the delivery of humanitarian assistance across the country, VWUHVVLQJ the detrimental impact of continued insecurity on humanitarian RSHUDWLRQV DFURVV WKH FRXQWU\ HQFRXUDJLQJ DOO SDUWLHV WR DOORZ DQG IDFLOLWDWH VDIH UDSLG DQG XQKLQGHUHG KXPDQLWDULDQ DFFHVV WR SHRSOH LQ QHHG DQG FDOOLQJ RQ 57*18 WR SURWHFW KXPDQLWDULDQ SHUVRQQHO DQG FUHDWH D VDIH DQG HQDEOLQJ HQYLURQPHQW IRU KXPDQLWDULDQ DVVLVWDQFH FRQVLVWHQW ZLWK LQWHUQDWLRQDO KXPDQLWDULDQ ODZ DQG LWV REOLJDWLRQV XQGHU WKH 5HYLWDOLVHG $JUHHPHQW ([SUHVVLQJ JUDYH FRQFHUQ UHJDUGLQJ LQFUHDVHG YLROHQFH EHWZHHQ DUPHG JURXSV LQ VRPH SDUWV RI 6RXWK 6XGDQ ZKLFK KDV NLOOHG DQG GLVSODFHG WKRXVDQGV DQG FRQGHPQLQJ WKH PRELOL]DWLRQ RI VXFK JURXSV E\ SDUWLHV WR WKH FRQIOLFW the required audits, reviews and additional tools for an oil marketing system that is open, transparent, and competitive, as specified in Chapter 4 of the Revitalised Agreement, FDOOLQJ on the parties to implement fully the Revitalised Agreement, including by allocating the necessary financial resources, establishing transitional institutions without delay, and ensuring full, equal, and meaningful participation of women and inclusion of youth, faith groups, and civil society in all conflict resolution and peacebuilding efforts, and to make progress on transitional reforms, including establishing free and open civic space, an inclusive constitutional drafting process, and economic transparency and public financial management reform, H[SUHVVLQJ deep concern about the detrimental effect of corruption and misuse of public funds on the RTGNU’s ability to provide services to its population, and IXUWKHU VWUHVVLQJ the need to enhance good economic governance to ensure effective national revenue collection and anticorruption structures in order to finance implementation of regulatory framework essential for a political transition, and the humanitarian needs of the population, $SSUHFLDWLQJ that Member States continue to express clear intent to provide technical assistance and capacity building to relevant authorities in South Sudan, complying with the provisions of resolution 2428 (2018), in support of the implementation of the Revitalised Agreement, and HQFRXUDJLQJ Member States to provide support to the RTGNU on ammunition storage and armory control, with the view to build South Sudan’s capacity in light of the benchmarks set out in paragraph 2 of resolution 2577 (2021), 5HFDOOLQJ the need for Member States to ensure that all measures taken by them to implement this resolution comply with their obligations under international law, including international humanitarian law, international human rights law and international refugee law, as applicable, 6WUHVVLQJthat the measures imposed by this resolution are not intended to have adverse humanitarian consequences for the civilian population of South Sudan, and UHFDOOLQJ paragraph 1 of resolution 2664 (2022), which states that the provision, processing or payment of funds, other financial assets, or economic resources, or the provision of goods and services, by certain entities or organizations, necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs, are permitted and are not a violation of the asset freeze, ([SUHVVLQJ deep concern at the findings and conclusions shared through the Final 2023 report (S/2023/294) of the United Nations Panel of Experts, and VWUHVVLQJthat armed violence, impunity and misallocation of revenues can have D GHYDVWDWLQJ LPSDFW RQ VRFLHW\ DQG LQGLYLGXDOV ZHDNHQ GHPRFUDWLF LQVWLWXWLRQV XQGHUPLQH WKH UXOH RI ODZ SHUSHWXDWH YLROHQW FRQIOLFWV IDFLOLWDWH LOOHJDODFWLYLWLHVGLYHUWKXPDQLWDULDQDVVLVWDQFHRUFRPSOLFDWHLWVGHOLYHU\DQG XQGHUPLQHHFRQRPLFPDUNHWV small arms and light weapons, and IXUWKHU H[SUHVVLQJ FRQFHUQ that illicit trafficking and diversion of arms and related materiel of all types undermine the rule of law and have the potential to undermine respect for international humanitarian law, can impede the provision of humanitarian assistance and have wide-ranging negative humanitarian and socioeconomic consequences, $FNQRZOHGJLQJ the cooperation by the South Sudanese authorities with the Panel of Experts, and strongly HQFRXUDJLQJthe South Sudanese authorities to continue their engagement with the Panel of Experts and prevent any obstruction to the implementation of its mandate, 7DNLQJ QRWH of the report of the Secretary-General on South Sudan arms embargo benchmarks (S/2021/321), 7DNLQJ QRWH of the Secretary-General’s report of 28 April 2023 (S/2023/300), as requested in paragraph 5 of its resolution 2633 (2022), providing an assessment of the progress achieved on the key benchmarks, 'HWHUPLQLQJthat the situation in South Sudan continues to constitute a threat to international peace and security in the region, $FWLQJunder Chapter VII of the Charter of the United Nations, Arms Embargo and Inspections 'HFLGHV to renew until 31 May 2024 the measures on arms imposed by paragraph 4 of resolution 2428 (2018), and UHDIILUPV the provisions of paragraph 5 of resolution 2428 (2018); 'HFLGHV that the notification requirements set out in paragraph 2 of resolution 2633 (2022) shall no longer apply to the supply, sale or transfer of non-lethal military equipment, solely in support of the implementation of the terms of the peace agreement, and related technical assistance or training on non-lethal military equipment; 5HLWHUDWHVits readiness to review arms embargo measures, through LQWHUDOLD modification, suspension, or progressive lifting of these measures, in the light of progress achieved on the key benchmarks as set out in paragraph 2 of resolution 2577 (2021), and encourages the South Sudan authorities to achieve further progress in this regard; 5HLWHUDWHVLWV FDOO RQthe RTGNU to make progress on implementation of public finance management reforms in the Revitalised Agreement, including by making information on all revenues, expenditures, deficits, and debts of the RTGNU accessible to the public; and IXUWKHUUHLWHUDWHVLWVFDOOon the RTGNU to establish the Hybrid Court for South Sudan, and set up the Commission for 7UXWK5HFRQFLOLDWLRQDQG+HDOLQJDQGWKH&RPSHQVDWLRQDQG5HSDUDWLRQ $XWKRULW\ to conduct, no later than 15 April 2024, an assessment of progress achieved on the key benchmarks established in paragraph 2 of resolution 2577 (2021);
5HTXHVWVthe South Sudan authorities to report, no later than 15 April 2024, to the Committee established pursuant to resolution 2206 (2015) concerning South Sudan (“the Committee”) on the progress achieved on the key benchmarks in paragraph 2 of resolution 2577 (2021), and LQYLWHV the South Sudan authorities to report on progress achieved on implementation of reforms in paragraph 4;
6WUHVVHV the importance that notifications or requests for exemptions pursuant to paragraph 5 of resolution 2428 (2018) should contain all relevant information, including the purpose of the use, the end user, the technical specifications and quantity of the equipment to be shipped and, when applicable, the supplier, the proposed date of delivery, mode of transportation and itinerary of shipments;
8QGHUVFRUHVthat arms shipments in violation of this resolution risk fueling conflict and contributing to further instability, and strongly urges all Member States to take urgent action to identify and prevent such shipments within their territory;
5HLWHUDWHVLWVFDOOXSRQall Member States, in particular States neighboring South Sudan, to inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to South Sudan, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, or transfer of which is prohibited by paragraph 4 of resolution 2428 (2018) for the purpose of ensuring strict implementation of these provisions;
'HFLGHVto authorize all Member States to, and that all Member States shall, upon discovery of items the supply, sale, or transfer of which is prohibited by paragraph 4 of resolution 2428 (2018), seize and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) of such items, and decides further that all Member States shall cooperate in such efforts;
5HTXLUHVany Member State when it undertakes an inspection pursuant to paragraph 9 of this resolution, to submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided, and, if prohibited items for supply, sale, or transfer are found, further requires such Member States to submit to the Committee within 30 days a subsequent written report containing relevant details on the inspection, seizure, and disposal, and relevant details of the transfer, including a description of the items, their origin and intended destination, if this information is not in the initial report; imposed by paragraphs 9 and 12 of resolution 2206 (2015), and reaffirms the provisions of paragraphs 10, 11, 13, 14 and 15 of resolution 2206 (2015), and paragraphs 13, 14, 15 and 16 of resolution 2428 (2018);
'HFLGHVto keep the measures renewed in paragraph 12 under continuous review in light of progress achieved implementing all provisions of the Revitalised Agreement and developments related to human rights violations and abuses, including conflict-related sexual violence, and H[SUHVVHV its readiness to consider adjusting measures in paragraph 12, including through modifying, suspending, lifting or strengthening measures to respond to the situation;
8QGHUVFRUHVits willingness to impose targeted sanctions in order to support the search for an inclusive and sustainable peace in South Sudan, and QRWHVthat the Committee can consider requests for delisting of individuals and entities;
5HDIILUPV that the provisions of paragraph 9 of resolution 2206 (2015) apply to individuals, and that the provisions of paragraph 12 of resolution 2206 (2015) apply to individuals and entities, as designated for such measures by the Committee, 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, and IXUWKHUUHDIILUPVthat the provisions of paragraphs 9 and 12 of resolution 2206 (2015) apply to individuals, as designated for such measures by the Committee, who are leaders or members 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 this paragraph and paragraph 16;
5HDIILUPVthat such actions or policies as described in paragraph 15 above may include, but are not limited to, the criteria described in paragraph 15 of resolution 2521 (2020), and XQGHUVFRUHVthat actions or policies that have the purpose of impeding the conduct or legitimacy of free and fair elections in South Sudan, including by impeding or distorting pre-election preparatory activities, are also a basis for designation;
([SUHVVHV concern at reports of misappropriation and diversion of public resources which pose a risk to the peace, security, and stability of South Sudan, expresses serious concern at reports of financial impropriety, lack of transparency, oversight and financial governance, which pose a risk to the peace, stability, and security of South Sudan, and are out of compliance with Chapter IV of the Revitalised Agreement, and in this context, XQGHUVFRUHVthat individuals engaged in actions or policies that have the purpose or effect of expanding or extending the conflict in South Sudan may be listed for travel and financial measures; FRQFHUQHG 0HPEHU 6WDWHV LQWHUQDWLRQDO DQG UHJLRQDO DQG VXEUHJLRQDO RUJDQL]DWLRQV DV ZHOO DV 810,66 DV PD\ EH QHFHVVDU\ LQ SDUWLFXODU QHLJKERULQJ DQG UHJLRQDO States, in order to ensure the full implementation of the measures in this resolution, and in that regard encourages the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members;
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Η ανάγνωση του παρόντος εγγράφου δεν αντικαθιστά την ανάγνωση του αντίστοιχου τεύχους της Εφημερίδας της Κυβερνήσεως. Δεν αναλαμβάνουμε ευθύνη για τυχόν ανακρίβειες που οφείλονται στη μετατροπή του πρωτοτύπου σε αυτή τη μορφή.