Αποφάσεις - Ανακοινώσεις — ΦΕΚ A' 48/2015

Type Απόφαση
Publication 2015-05-13
State In force
Source ΦΕΚ
Reform history JSON API

ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ

ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

ΤΕΥΧΟΣ ΠΡΩΤΟ Αρ. Φύλλου 48 13 Μαΐου 2015 ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.3401/ΑΣ/1891 Απόφαση 2206 (2015) του Συμβουλίου Ασφαλείας Ο.Η.Ε. περί της Δημοκρατίας του Νοτίου Σουδάν. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Τη διάταξη του άρθρου 1 του Α.Ν. 92 της 3/10.8.1967 «Περί εφαρμογής αποφάσεων του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών και περί εγκρίσεως και εφαρμογής συστάσεων του Συμβουλίου Ασφαλείας και της Γενικής Συνελεύσεως». Προβαίνουμε στη δημοσίευση της απόφασης 2206 (2015) 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. 515 meeting, on 3 March 2015 The Security Council, Recalling its previous resolutions and statements on South Sudan, in particular resolutions 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014) and 2187 (2014), Expressing grave alarm and concern regarding the conflict between the Government of the Republic of South Sudan and opposition forces since December 2013 which emanated from internal political disputes among the country’s political and military leaders, Deeply concerned that the conflict has resulted in great human suffering, including significant loss of life, displacement of two million people, and the loss of property, further impoverishing and disadvantaging the people of South Sudan, Strongly condemning past and ongoing human rights violations and abuses and violations of international humanitarian law, including those involving targeted killings of civilians, ethnically-targeted violence, extrajudicial killings, rape, and other forms of sexual and gender-based violence, recruitment and use of children in armed conflict, abductions, enforced disappearances, arbitrary arrests and detention, violence aimed at spreading terror among the civilian population, and attacks on schools, places of worship and hospitals, as well as United Nations and associated peacekeeping personnel and objects, by all parties, including armed groups and national security forces, as well as the incitement to commit such abuses and violations, further condemning harassment and targeting of civil society, humanitarian personnel and journalists, and emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable, and that the Government of South Sudan bears the primary responsibility to protect its population from genocide, war crimes, ethnic cleansing, and crimes against humanity, Expressing deep concern over the large-scale displacement of persons and deepening humanitarian crisis, stressing the responsibility borne by all parties to the conflict for the suffering of the people of South Sudan, and the necessity of ensuring that the basic needs of the population are met, commending United Nations humanitarian agencies and partners for their efforts to provide urgent and coordinated support to the population, calling upon all parties to the conflict to allow and facilitate, in accordance with relevant provisions of international law and United Nations guiding principles of humanitarian assistance, the full, safe, and unhindered access of relief personnel, equipment and supplies to all those in need and the timely delivery of humanitarian assistance, in particular to internally displaced persons and refugees, condemning all attacks against humanitarian personnel and facilities and recalling that attacks against humanitarian personnel and depriving civilians of objects indispensable to their survival may amount to violations of international humanitarian law, by the United Nations and African Union, in establishing a forum for political and security dialogue, and expecting all parties to participate in this process and respect the decisions reached by IGAD Assembly of Heads of State and Government on 13 March 2014, Welcoming the IGAD-mediated commitments made to resolve the crisis in South Sudan, namely the 23 January 2014 Cessation of Hostilities Agreement; 9 May 2014 Agreement to Resolve the Crisis in South Sudan; and the 1 February 2015 Areas of Agreement of the Establishment of the Transitional Government of National Unity (TGoNU) in the Republic of South Sudan, Welcoming the resolve indicated in the IGAD Assembly of Heads of State and Government Communiqué of 10 June 2014 and 25 August 2014 that IGAD Member States will take further collective action, including through the imposition of punitive measures, to pressure any party that fails to honour its commitments to date or acts contrary to the Communiqué of that Assembly, Welcoming the Communiqué of the African Union Peace and Security Council (AU PSC) of 12 June 2014, which, inter alia, reiterated the readiness of that Council, upon recommendation by IGAD, to immediately pursue targeted sanctions and other measures against any party that continues to undermine the search for a solution to the conflict and fails to honour its commitments, Welcoming further the Communiqué of the AU PSC of 17 September 2014 which, inter alia, reiterated its determination, in coordination with IGAD, to take the necessary measures against any party that fails to honour its commitments and continues to undermine the search for a negotiated solution to the current crisis, Strongly condemning the Government of the Republic of South Sudan and the Sudan People’s Liberation Movement (SPLM) — in Opposition for failing to reach agreement to form a transitional government within the 60-day period outlined in the 26th Communiqué of 10 June 2014, Taking note of the Communiqué of the 27th Extraordinary Session of the IGAD Assembly of Heads of State and Government in Addis Ababa on 25 August 2014, which inter alia: deplored the numerous violations of the agreements signed by the Parties to date, reiterated the need for an inclusive and broad-based approach to negotiations; expressed serious concerns over the worsening humanitarian situation in South Sudan; and called upon the stakeholders to negotiate and complete the agreement on a Transitional Government of National Unity within 45 days, Taking note of the Communiqué of the 28th Extraordinary Session of the IGAD Assembly of Heads of State and Government in Addis Ababa on 7 November 2014, which inter alia: resolved that the Government of South Sudan and opposition forces commit to an unconditional, complete and immediate end to all hostilities; invited collective action by the States of the IGAD region to enact asset freezes and travel bans within the region, and denied the supply of arms and ammunition and any other materiel that could called on the AU PSC, the United Nations Security Council, and the international community to render all possible assistance in the implementation of these measures, should it be necessary to implement these measures, Taking note of the 21 January 2015 Agreement on the Reunification of the SPLM, agreed under the aegis of the Government of the United Republic of Tanzania, and 16 February 2015 Communiqué of the Meeting of the SPLM Tripartite Committee on the Implementation of Phase I of the Arusha SLPM Reunification Agreement, Taking note of the AU PSC Communiqués dated 5 December 2014 and 29 January 2015 which, inter alia, stressed that sanctions will be imposed against all parties that continue to obstruct the political process and undermine the Cessation of Hostilities Agreement of 23 January 2014, Welcoming the China-mediated “Five-Point Plan” agreed upon by the representatives of the GRSS and the SPLM/A- in Opposition during the Special Consultation in Support of IGADled South Sudan Peace Process convened on 12 January in Khartoum, namely: (i) earnestly commit to the full implementation of all signed agreements; (ii) speed up the pace of negotiations towards the formation of a transitional government at an early date; (iii) take concrete steps to relieve the humanitarian situation in conflict-affected areas, and facilitate access of international humanitarian assistance; (iv) ensure the safety of all personnel and assets of all countries and international entities operating in South Sudan; and (v) provide strong support for and take active part in the IGAD-led mediation efforts, and, in this regard, strongly urging both parties to immediately implement the Five-Point Plan, Expressing its deep appreciation for the actions taken by the United Nations Mission in South Sudan (UNMISS) peacekeepers and troop- and police-contributing countries to protect civilians, including foreign nationals, under threat of physical violence and to stabilize the security situation, Recognizing the importance of independent and public human rights monitoring, investigation and reporting for its useful role in laying the groundwork for justice, accountability, reconciliation and healing among all South Sudanese communities, Taking note with interest of the 21 February 2014 UNMISS Interim Human Rights report, and 8 May 2014 UNMISS “Conflict in South Sudan: A Human Rights Report,” and the 19 December 2014 UNMISS “Special Report: Attack on Bentiu, Unity State, 29 October 2014,” 29 October 2014 UNMISS “Special Report: Attack on Bentiu, Unity State” and the 9 January 2015 UNMISS Report on “Attacks on Civilians in Bentiu & Bor”, Expressing grave concern that, according to the UNMISS 8 May 2014 “Conflict in South Sudan: A Human Rights Report” there are reasonable grounds to believe that crimes against humanity, including extrajudicial killings, rape and other acts of sexual violence, enforced disappearances, and arbitrary detention urgent and imperative need to end impunity in South Sudan and to bring to justice perpetrators of such crimes, Stressing the importance of accountability, reconciliation, and healing as prominent elements of a transitional agenda while taking note of the important role international investigations, and where appropriate, prosecutions can play with respect to holding those responsible for war crimes and crimes against humanity, Recognizing the work of the African Union Commission of Inquiry (AU COI) in investigating and documenting violations as well as abuses of international human rights law and international humanitarian law in South Sudan, anticipating with interest its findings and recommendations, encouraging the public release of its final report as soon as possible, and welcoming the further engagement of the African Union to ensure justice and accountability, as well as healing and reconciliation for South Sudan, Strongly condemning the use of media to broadcast hate speech and transmit messages instigating sexual violence against a particular ethnic group, which has the potential to play a significant role in promoting mass violence and exacerbating conflict, and calling on the Government of the Republic of South Sudan to take appropriate measures to address such activity, and further urging all parties to desist from these actions and instead contribute to promoting peace and reconciliation among the communities, Recognizing the important role played by civil society organizations, faith leaders, women, and youth in South Sudan, underscoring the importance of their participation — along with the former SPLM detainees and other political parties — to finding a sustainable solution to the crisis in the country, and concerned by efforts by the government to limit such participation including by preventing individuals from travelling to join the talks and by increased restrictions of freedom of expression, Reaffirming all its relevant resolutions on women, peace, and security, on children and armed conflict, and the protection of civilians in armed conflict, as well as resolutions 1502 (2003) on the protection of humanitarian and United Nations personnel, resolution 2150 (2014) on the Prevention and Fight against Genocide, and resolution 2151 (2014) on security sector reform, Recalling resolutions 1209 (1998) and 2117 (2013) and expressing grave concern at the threat to peace and security in South Sudan arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons and emphasizing the importance of strengthening efforts to combat the illicit circulation of such weapons, Expressing deep concern at persistent restrictions placed upon the movement and operations of UNMISS, strongly condemning the attacks by government and opposition forces and other groups on United Nations and IGAD personnel and facilities, the detentions and kidnappings of United Nations and associated personnel and calling upon the Government of South Determining that the situation in South Sudan continues to constitute a threat to international peace and security in the region, Acting under Article 41 of Chapter VII of the Charter of the United Nations,

1.

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;

2.

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;

3.

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;

4.

Reiterates that there is no military solution to the conflict; Sanctions Designation Criteria

5.

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

6.

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;

7.

Underscores that such actions or policies as described in paragraph 6 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 Cessation of Hostilities Agreement; (b) Actions or policies that threaten transitional agreements or undermine the political process in South Sudan; humanitarian law, or acts that constitute human rights abuses, in South Sudan; (d) 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; (e) The use or recruitment of children by armed groups or armed forces in the context of the armed conflict in South Sudan; (f) 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; (g) Attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel; or (h) Acting for or on behalf of, directly or indirectly, an individual or entity designated by the Committee;

8.

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

9.

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;

10.

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;

11.

Decides that the measures imposed by paragraph 9 above shall not apply: (a) Where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation; (c) 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

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.