Αποφάσεις - Ανακοινώσεις — ΦΕΚ A' 174/2018

Expresses deep concern at the failures of South Sudan’s leaders to bring an end to the hostilities and condemns the continued and flagrant violations of the 17 August 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS), the 21 December 2017 Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access (ACOH), and the 27 June 2018 Khartoum Declaration;

Demands that South Sudan’s leaders fully and immediately adhere to the ARCSS, ACOH, and 27 June 2018 Khartoum Declaration and allow, in accordance with relevant provisions of international law and the UN guiding principles of humanitarian assistance, full, safe and unhindered humanitarian access to help ensure timely delivery of humanitarian assistance to all those in need;

Reiterates that there is no military solution to the conflict; Arms Embargo

Decides that, until 31 May 2019, all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the territory of South Sudan from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned; and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories;

Decides that the measure imposed in paragraph 4 of this resolution shall not apply to the supply, sale or transfer of: (a) Arms and related materiel, as well as training and assistance, intended solely for support of or use by UN personnel, including the United Nations Mission in the Republic of South Sudan (UNMISS) and the United Nations Interim Security Force for Abyei (UNISFA); (b) Non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as notified in advance to the Committee; (c) Protective clothing, including flak jackets and military helmets, temporarily exported to South Sudan by UN personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only; with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan, as notified to the Committee; (e) Arms and related materiel, as well as technical training and assistance, to or in support of the African Union Regional Task Force intended solely for regional operations to counter the Lord’s Resistance Army, as notified in advance to the Committee; (f) Arms and related materiel, as well as technical training and assistance, solely in support of the implementation of the terms of the peace agreement, as approved in advance by the Committee; (g) Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;

Stresses the importance that notifications or requests for exemptions pursuant to paragraph 5 above 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; Inspections

Underscores that arms shipments in violation of this resolution risk fuelling 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;

Calls upon all Member States, in particular States neighbouring 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 this resolution for the purpose of ensuring strict implementation of these provisions;

Decides to 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 this resolution, 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;

Requires any Member State when it undertakes an inspection pursuant to paragraph 8 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, Targeted Sanctions

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

Decides to renew until 31 May 2019 the travel and financial measures 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);

Reaffirms 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 established pursuant to paragraph 16 of resolution 2206 (2015) (“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;

Underscores that such actions or policies as described in paragraph 13 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 Agreement on the Resolution of the Conflict in the Republic of South Sudan (“the Agreement”); (b) Actions or policies that threaten transitional agreements or undermine the political process in South Sudan, including Chapter 4 of the Agreement; (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 planning, directing, or commission of acts of violence (including killing, maiming, or torture), 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) Planning, directing, or committing acts involving sexual and gender-based violence in South Sudan; (f) The use or recruitment of children by armed groups or armed forces in the context of the armed conflict in South Sudan; (g) The obstruction of the activities of international peacekeeping, diplomatic, or humanitarian missions in South Sudan, including the Ceasefire and Transitional Security Arrangements Monitoring Mechanism or of the delivery or distribution of, or access to, humanitarian assistance; (h) Attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel; (j) Engagement by armed groups or criminal networks in activities that destabilize South Sudan through the illicit exploitation or trade of natural resources;

Expresses concerns 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 the reports of financial impropriety involving the TGNU, which pose a risk to the peace, stability, and security of South Sudan, and in this context, underscores that 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;

Reaffirms that 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 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 13 and 14 above;

Decides that the measures specified in paragraphs 9 and 12 of resolution 2206 (2015) shall apply to the individuals identified in Annex 1 to this resolution; Sanctions Committee/Panel of Experts

Emphasizes the importance of holding regular consultations with concerned Member States, international and regional and subregional organizations, as well as UNMISS, as may be necessary, in particular neighbouring and regional 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;

Decides to extend until 1 July 2019 the mandate of the Panel of Experts as set out in paragraph 18 of resolution 2206 (2015) and this paragraph, expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 31 May 2019, and decides that the Panel should 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 13, 14 and 15 above; (b) 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 paragraph 26 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 the financing modalities of such activities as well as procurement of these items through illicit trafficking networks, to individuals and entities undermining implementation of the Agreement or participating in acts that violate (d) Gather, examine and analyse information on armed groups or criminal networks engaging in the illicit exploitation or trade of natural resources in South Sudan; (e) Provide to the Council, after discussion with the Committee, an interim report by 1 December 2018, a final report by 1 May 2019, and except in the months when these reports are due, updates each month; (f) 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;

Requests the Panel of experts to include the necessary gender expertise, in line with paragraph 6 of resolution 2242 (2015), and encourages the Panel to integrate gender as a cross-cutting issue across its investigations and reporting;

Calls upon all parties and all Member States, especially those neighboring South Sudan, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts, including by providing any information on illicit transfers of wealth from South Sudan into financial, property and business networks 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 SecretaryGeneral 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), and invites the High Commissioner for Human Rights to share relevant information with the Committee, as appropriate; Role of UNMISS

Recalls the mandate of the United Nations Mission in the Republic of South Sudan (UNMISS) as outlined in resolution 2406 (2018), in particular paragraph 7 (c) regarding monitoring, investigating, verifying and reporting on abuses and violations of human rights and violations of international humanitarian law;

Encourages timely information exchange between UNMISS and the Panel of Experts, and requests UNMISS to assist the Committee and the Panel of Experts, within its mandate and capabilities; Review

Expresses its intent to monitor and review the situation at 90-day intervals from the adoption of this resolution or more frequently, as needed, and invites the Joint Monitoring and Evaluation Commission (JMEC) to share relevant information with the Council, as appropriate, on its assessment of the parties’ implementation of the Agreement, adherence to the ARCSS, ACOH to continue to impose any sanctions that may be appropriate to respond to the situation, which may include the designation of senior individuals responsible for actions or policies that threaten the peace, security or stability of South Sudan;