               United Nations                                                                    S/RES/2459 (2019)
               Security Council                                                Distr.: General
                                                                               15 March 2019




               Resolution 2459 (2019)
               Adopted by the Security Council at its 8484th meeting, on
               15 March 2019

                    The Security Council,
                    Recalling its previous resolutions 1996 (2011), 2046 (2012), 2057 (2012), 2109
               (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206 (2015), 2223 (2015), 2241
               (2015), 2252 (2015), 2302 (2016), 2304 (2016), 2327 (2016), 2392 (2017), 2428
               (2018), and 2406 (2018) and statements by its President S/PRST/2014/16,
               S/PRST/2014/26, S/PRST/2015/9, S/PRST/2016/1, S/PRST/2016/3, S/PRST/2017/4,
               and S/PRST/2017/25,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity, and national unity of the Republic of South Sudan, and recalling the
               importance of the principles of non-interference, good-neighbourliness, and regional
               cooperation,
                     Reiterating its grave alarm and concern regarding the political, security,
               economic, and humanitarian crisis in South Sudan, and subsequent violence caused
               by the country’s political and military leaders since December 2013, and emphasizing
               there can be no military solution to the situation in South Sudan,
                     Strongly condemning all fighting and other violations of the 21 December 2017
               “Agreement on Cessation of Hostilities, Protection of Civilians, and Humanitarian
               Access” (the ACOH), welcoming the rapid assessment of violations by the Ceasefire
               and Transitional Security Arrangements Monitoring and Verification Mechanism
               (CTSAMVM), encouraging the Intergovernmental Authority on Development
               (IGAD) to share reports with the Security Council rapidly, and noting that the African
               Union, IGAD, and the United Nations Security Council demanded that parties that
               violate the ACOH must be held accountable,
                    Expressing appreciation for the leadership of IGAD in advancing the peace
               process for South Sudan and welcoming the commitment and efforts of IGAD and its
               member states, the Reconstituted Joint Monitoring and Evaluation Commission
               (RJMEC), the African Union (AU), the African Union Peace and Security Council
               (AUPSC), the United Nations (UN), and countries in the region to continue engaging
               with South Sudanese leaders to address the current crisis, and encouraging their
               continued and proactive engagement,
                    Underlining that the 2018 “Revitalised Agreement on the Resolution of the
               Conflict in the Republic of South Sudan” (the Revitalised Agreement) is an important




19-04434 (E)
*1904434*

S/RES/2459 (2019)

               step forward in the peace process that provides a window of opportunity to achieve
               sustainable peace and stability in South Sudan, calling on South Sudanese parties to
               demonstrate the political will to peacefully resolve the conflict, stressing that the
               negotiation of power-sharing and security arrangements and the safe return of all
               South Sudanese parties to Juba are essential to advance the peace process, and calling
               on parties to ensure full and meaningful participation of women in the peace process
               and fulfill the commitments set out on inclusivity, including in respect of national
               diversity, gender, youth and regional representation in the Revitalised Agreement,
                     Recognizing the reduction in political violence since the signing of the
               Revitalised Agreement and that the permanent ceasefire was upheld in most parts of
               the country, and further recognizing confidence building measures between
               signatories of the Revitalised Agreement, and the formation of most of the
               pre-transitional mechanisms of the Revitalised Agreement,
                    Recalling its resolution 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,
                    Noting the measures adopted by the Security Council in resolution 2428 (2018),
                     Recalling that individuals or entities 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, may be designated for targeted sanctions pursuant to
               resolution 2206 (2015), 2271 (2016), 2280 (2016), 2290 (2016), 2353 (2017), and
               2428 (2018), including individuals who plan, direct, or commit acts that violate
               applicable international human rights law or international humanitarian law, acts that
               constitute human rights abuses or acts involving sexual and gender-based violence in
               South Sudan, engage in attacks against United Nations missions, international
               security presences, or other peacekeeping operations, or humanitarian personnel and
               recalling its willingness to impose targeted sanctions,
                    Stressing the critical importance of effective implementation of the sanctions
               regime, including its travel ban measures, and the key role that neighboring states, as
               well as regional and subregional organizations, can play in this regard and
               encouraging efforts to further enhance cooperation,
                    Commending the work of the United Nations Mission in the Republic of South
               Sudan (UNMISS), and stressing the importance of effective engagement and liaison
               with local communities, as well as humanitarian actors, including through regular
               communication about the UNMISS mandate, including its planned actions and
               capacities, security threats and related information, both within and outside the
               protection of civilians sites, in order to fulfill UNMISS ’s protection of civilians
               mandate,
                     Recognizing that unarmed civilian protection can often complement efforts to
               build a protective environment, particularly in the deterrence of sexual and gender -
               based violence against civilians, and encouraging UNMISS, as appropriate and when
               possible, to explore how it can use civilian protection techniques, including t hrough
               community engagement and the mission communication strategy, to enhance its
               ability to protect civilians, and to train UNMISS staff accordingly,
                     Recognizing the dire humanitarian situation and high levels of food insecurity
               in the country, and in this regard noting the importance of UNMISS’s contribution to
               creating conditions conducive to the delivery of humanitarian assistance, and to
               creating through coordination with humanitarian actors, displaced communities, and
               authorities the conditions for the safe, informed, voluntary, and dignified return or
               relocation of internally displaced persons (IDPs) and refugees, so that they may
               resume their livelihoods including the cultivation of land for food production,

2/15                                                                                                       19-04434

                                                                                                   S/RES/2459 (2019)

                 Strongly condemning the continued obstruction of UNMISS by the Government
           of South Sudan (GoSS) and opposition groups, including severe restrictions on
           freedom of movement, assault of UNMISS personnel, and constraints on mission
           operations, many of which were reported by the Secretary-General as violations of
           the Status of Forces Agreement (SOFA) by the GoSS, and recalling that, according to
           the SOFA, UNMISS, as well as its contractors, shall enjoy full and unrestricted
           freedom of movement without delay throughout South Sudan by the most direc t route
           possible without the need for travel permits or prior authorization or notification, and
           the right to import equipment, provisions, supplies, fuel, materials, and other goods
           free of duty, taxes, fees and charges and free of other prohibitions and restrictions,
                 Demanding that all parties, particularly the GoSS and the SPLA-IO, end all
           obstructions to UNMISS, including inter alia obstructions that hamper UNMISS
           carrying out its mandate to monitor and investigate human rights,
                 Recalling its strong condemnation of all instances of attacks against civilians,
           including those involving violence against women, children, and persons in
           vulnerable situations, ethnically targeted violence, hate speech, and incitements to
           violence, and further expressing deep concern at the possibility that what began as a
           political conflict could continue to transform into an outright ethnic war, as noted by
           the Special Advisor for the Prevention of Genocide Adama Dieng,
                 Expressing grave concern at ongoing reports of sexual and gender-based
           violence, particularly against women and girls, including the findings of the report of
           the Secretary-General on Sexual Violence in Conflict to the Security Council
           (S/2018/250) of the use of sexual violence as a tactic by parties to the conflict against
           the civilian population, in South Sudan, including use of rape and gang -rape of
           women and girls, and abduction, forced marriage and sexual slavery, and where
           persistent levels of conflict-related sexual violence and other forms of violence
           against women and girls has become normalized and continued after the signing of
           the Revitalised Agreement and despite the suspension of most military offensives, as
           documented in the February 2019 UNMISS and Office of the United Nations High
           Commissioner for Human Rights (OHCHR) report on conflict-related sexual violence
           in Northern Unity between September and December 2018, underlining the urgency
           and importance of timely investigations and the provision of assistance and protection
           to victims of sexual and gender-based violence,
                 Strongly condemning all human rights violations and abuses and violations of
           international humanitarian law, including those involving extrajudicial killings,
           ethnically targeted violence, rape and other forms of sexual and gender-based
           violence, recruitment and use of children, enforced disappearances, arbitrary arrests
           and detention, violence aimed at spreading terror among the civilian population,
           targeting of members of civil society, and attacks on schools, places of worship,
           hospitals, medical facilities and transport, United Nations and associated personnel,
           and humanitarian and medical personnel, by all parties, including armed groups and
           national security forces, as well as the incitement to commit such abuses and
           violations, further condemning harassment, targeting, and censorship of civil society,
           humanitarian personnel and journalists, emphasizing that those responsible for
           violations of international humanitarian law and violations and abuses of human
           rights must be held accountable, and that South Sudan’s government bears the
           primary responsibility to protect its populations from genocide, war cr imes, ethnic
           cleansing, and crimes against humanity, and expressing concern that despite the
           signing of the Revitalised Agreement, violations including rape and sexual violence
           continue to occur which may amount to international crimes, including war crime s
           and crimes against humanity,



19-04434                                                                                                        3/15

S/RES/2459 (2019)

                     Acknowledging the significance of the GoSS’s ratification of the Optional
               Protocol to the Convention on the Rights of the Child on the Involvement of Children
               in Armed Conflict, strongly calling for its full and immediate implementation, further
               taking note of the role played by the GoSS in negotiating the release of children by
               parties to conflict, urging all parties to make further efforts to end immediately the
               recruitment of children to armed groups and to release all chi ldren that have been
               recruited to date, and encouraging further efforts in this regard, in particular through
               the GoSS’s endorsement of the Paris principles,
                     Taking note of the UNMISS and OHCHR report on the Freedom of Expression
               in South Sudan, and expressing ongoing concern on the severe restriction of freedoms
               of opinion, expression, and association, and condemning the use of media to broadcast
               hate speech and transmit messages instigating violence against a particular ethnic
               group, a practice that has the potential to play a significant role in promoting mass
               violence and exacerbating conflict, and calling on the GoSS to immediately condemn
               and counter increasing hate speech and ethnic violence and to promote reconciliation
               among its people, including through a process of justice and accountability,
                    Expressing serious concern about the dire situation of persons with disabilities
               in South Sudan, including abandonment, violence and lack of access to basic services,
               and emphasizing the need to ensure that the particular needs of persons with
               disabilities are addressed in the humanitarian response,
                     Reiterating the urgent need to end impunity in South Sudan and to hold
               accountable and bring to justice all those responsible for violations of international
               humanitarian law and violations and abuses of human rights, and further stressing the
               importance of accountability, reconciliation and healing in ending impunity and
               ensuring a sustainable peace, as recognized by Chapter V in the Revitalised
               Agreement, and in this regard, sharing the concern of the AUPSC about the delays in
               establishing the Hybrid Court for South Sudan,
                    Expressing grave concern regarding the reports on the human rights situation in
               South Sudan issued by UNMISS and the Secretary-General, as well as the report of
               the AU Commission of Inquiry on South Sudan and the Separate Opinion, expressing
               grave concern that according to some reports, including the AU Commission of
               Inquiry report on South Sudan, released on 27 October 2015, there were reas onable
               grounds to believe that war crimes and crimes against humanity had been committed
               and the reports of the Commission on Human Rights in South Sudan, released on
               23 February 2018 and 20 February 2019 that war crimes and crimes against humanity
               may have been committed, emphasizing its hope that these and other credible
               reporting will be duly considered by any transitional justice and reconciliation
               mechanisms for South Sudan including those established in the Revitalised
               Agreement, stressing the importance of collection and preservation of evidence for
               eventual use by the Hybrid Court for South Sudan, and encouraging efforts in this
               regard,
                     Expressing serious and urgent concern over the nearly 4.3 million displaced
               persons and ongoing humanitarian crisis, and an estimated 6.2 million that face severe
               food insecurity according to the February 2019 Integrated Food Security Phase
               Classification report, and 7.1 million in need of life -saving assistance, and that
               2.2 million of the country’s children are out of school, stressing the responsibility
               borne by all parties to the conflict for the immense suffering of the people of South
               Sudan, including the destruction or damage to livelihoods and productive assets,
               commending United Nations humanitarian agencies, partners, and donors for their
               efforts to provide urgent and coordinated support to the population, and calling upon
               the international community to continue these efforts to meet the growing
               humanitarian needs of the people of South Sudan,


4/15                                                                                                      19-04434

                                                                                                  S/RES/2459 (2019)

                 Condemning the obstructions by all parties to civilians’ movement and to
           humanitarian actors’ movement to reach civilians in need of assistance, expressing
           concern at the imposition of taxes and fees which hamper the delivery of humanitarian
           assistance across the country, and recalling the need for 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, including humanity,
           impartiality, neutrality, and independence, the full, safe and unhindered access of
           relief personnel, equipment and supplies and timely delivery of humanitarian
           assistance, to all those in need, in particular to IDPs and refugees,
                 Strongly condemning all attacks against humanitarian personnel and facilities
           that resulted in the deaths of at least 112 personnel since December 2013, including
           the attack on the Terrain compound on 11 July 2016 and attacks against medical
           personnel and hospitals, noting with alarm the increasing trend of harassment and
           intimidation of humanitarian personnel, and recalling that attacks against
           humanitarian personnel and objects indispensable to the survival of the civilian
           population may amount to violations of international humanitarian law,
                 Expressing its deep appreciation for the actions taken by UNMISS peacekeepers
           and Troop- and Police-Contributing Countries in implementing the UNMISS mandate
           in a challenging environment, including in protecting civilians, including foreign
           nationals, under threat of physical violence and to stabilize the security situation
           within and beyond UNMISS sites, and stressing that any national caveat that
           negatively affects the implementation of mandate effectiveness should not be
           accepted by the Secretary-General, and further highlighting that lack of effective
           command and control, refusal to obey orders, failure to respond to attacks on
           civilians, inadequate equipment, and financial resources may adversely affect the
           shared responsibility for effective mandate implementat ion,
                 Welcoming the commitment of the Secretary-General to enforce strictly his zerotolerance policy on sexual exploitation and abuse, noting the various measures taken
           by UNMISS and Troop- and Police-contributing countries to combat sexual
           exploitation and abuse, but still expressing grave concern over allegations of sexual
           exploitation and abuse reportedly committed by peacekeepers in South S udan,
           stressing the urgent need for Troop- and Police-contributing countries and, as
           appropriate, UNMISS, to promptly investigate those allegations in a credible and
           transparent manner and for those responsible for such criminal offences or
           misconduct to be held to account, and further stressing the need to prevent such
           exploitation and abuse and to improve how these allegations are addressed in line
           with resolution 2272 (2016),
                 Recognizing the significant resource and capacity challenges UNMISS faces in
           implementing its mandate, expressing appreciation for UNMISS’s ongoing efforts to
           ensure the safety of IDPs seeking protection on its sites, while recognizing the
           importance of finding sustainable solutions for IDPs in keeping with the Guiding
           Principles on Internal Displacement, and underlining in this regard the need to extend
           its presence, including through proactive deployment and patrolling, to areas of
           displacement, return, and local integration,
                 Emphasizing that persistent barriers to full implementation of resolution 1325
           (2000), and subsequent resolutions on women, peace, and security including 2242
           (2015), will only be dismantled through dedicated commitment to women ’s
           empowerment, participation, and human rights, concerted leadership, consistent
           information and action, and support, to build women ’s engagement in all levels of
           decision-making, and through ensuring that the full and meaningful participation and
           involvement of women in all spheres and levels of political leadership, the peace
           process, and pre-transitional and transitional government, welcoming the commitment

19-04434                                                                                                       5/15

S/RES/2459 (2019)

               to the inclusion of women in the Revitalised Agreement, including the 35% minimum
               for women’s representation, and calling on all parties to do more to ensure that these
               minimum commitments are achieved,
                     Expressing grave concern regarding the threats made to oil installations,
               petroleum companies and their employees, and urging all parties to ensure the security
               of economic infrastructure, condemning attacks on oil installations, petroleum
               companies and their employees, and any fighting around these facilities, and urging
               all parties to ensure the security of economic infrastructure,
                    Strongly condemning the December 2018 obstruction, detention and abuse of
               the CTSAMVM team by GoSS officials, and calling upon the GoSS to complete and
               publish its investigations and hold those responsible to account,
                     Strongly condemning the attacks by government and opposition forces and other
               groups on United Nations and IGAD personnel and facilities, including the December
               2012 downing of a United Nations helicopter by the Sudan People ’s Liberation Army
               (SPLA), the April 2013 attack on a United Nations convoy, the December 2013 attack
               on the UNMISS camp in Akobo, the August 2014 shooting down of a United Nations
               helicopter by unidentified armed groups, the August 2014 arrest and detention of an
               IGAD monitoring and verification team, the October 2015 seizure and detention of
               UNMISS personnel and equipment in Upper Nile State by opposition forces, the
               February 2016 attack on the Malakal protection of civilians site, the July 2016 attack
               on the Juba protection of civilians site, and the Terrain Compound attack, the
               detention and kidnappings of United Nations and associated personnel, the repeated
               attacks on the UNMISS camps in Bor, Bentiu, Malakal and Melut, and the
               disappearance purportedly caused by SPLA forces, and deaths of three United
               Nations-affiliated national staff and one national contractor in Upper Nile State, and
               calling upon the GoSS to complete its investigations of these attacks in a swift and
               thorough manner and to hold those responsible to account,
                     Determining that the situation in South Sudan continues to constitute a threat to
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.     Demands that all parties to the conflict immediately end the fighting
               throughout South Sudan and engage in political dialogue, and further demands that
               South Sudan’s leaders implement the permanent ceasefire declared in the Revitalise d
               Agreement and ceasefires for which they respectively called on 11 July 2016 and
               22 May 2017, as well as the ACOH signed on 21 December 2017, and ensure that
               subsequent decrees and orders directing their commanders control their forces and
               protect civilians and their property are fully implemented;
                     2.   Demands that the GoSS comply with the obligations set out in the SOFA
               between the Government of South Sudan and the United Nations, and immediately
               cease obstructing UNMISS in the performance of its mandate, and further demands
               the GoSS immediately cease obstructing international and national humanitarian
               actors from assisting civilians, and facilitate freedom of movement for the
               CTSAMVM and calls on the GoSS to take action, to deter, and to hold those
               responsible to account for any hostile or other actions that impede UNMISS or
               international and national humanitarian actors;
                     3.    Expresses its intention to consider all appropriate measures, as
               demonstrated by adoption of resolutions 2206 (2015), 2290 (2016), 2353 (2017), and
               2428 (2018) against those who take actions that undermine the peace, stability, and
               security of South Sudan, stresses the sanctity of United Nations protection sites,
               specifically underscores that individuals or entities that are responsible or complicit
               in, or have engaged in, directly or indirectly, attacks against UNMISS personnel and

6/15                                                                                                     19-04434

                                                                                                 S/RES/2459 (2019)

           premises and any humanitarian personnel, may meet the designation criteria, and in
           this regard takes note of the 20 February 2018 Special Report of the Secretary-General
           on the renewal of the mandate of the United Nations Mission in South Sudan
           (S/2018/143) that the steady re-supply of weapons and ammunition to South Sudan
           has directly affected the safety of UN personnel and UNMISS ’s ability to carry out
           its mandate, takes note of the AUPSC’s 8 February 2018 communique which states
           that signatories to the ACOH should be deprived of the means to continue fighting,
           and underscores the measures adopted by the Security Council in resolution 2428
           (2018), including the arms embargo to deprive the parties of the means to continue
           fighting and to prevent violations of the ACOH;
                  4.   Commends the 22 January 2019 report by RJMEC Interim Chairperson
           Augostino S.K. Njoroge on the status of implementation of the Revitalised Agreement
           for the period October 2018 to December 2018, welcomes the gradual decrease in
           fighting among the warring parties, calls on parties to the Revitalised Agreement to
           take the necessary steps to ensure that pretransitional institutions and mechanisms
           can be operational as soon as possible, taking into account the timetable set by the
           Revitalised Agreement, condemns violations of the ACOH by all parties, including
           continuing use of sexual and gender-based violence in attacks, and the assault of
           CTSAMVM monitors that undermines confidence building measures between the
           warring parties, underscores that lack of feasible security arrangements may delay
           the peace process, and calls upon all parties to ensure full and meaningful
           participation of youth, women, diverse communities, faith groups, and civil society
           in all conflict resolution and peacebuilding efforts;
                5.    Decides to extend the mandate of UNMISS until 15 March 2020;
                 6.    Decides to maintain the overall force levels of UNMISS with a troop
           ceiling of 17,000 troops, which includes a Regional Protection Force at levels to be
           set by the Secretary-General but not to exceed 4,000, and maintaining the police
           ceiling of 2,101 police personnel, including individual police officers, formed police
           units and 78 corrections officers, requests the Secretary-General to take the necessary
           steps to expedite force and asset generation, requests the Secretary-General to
           conduct a military and police capability study subsequent to the parties to the
           Revitalised Agreement negotiating permanent security arrangements, and expresses
           its readiness to consider making the necessary adjustments to UNMISS including its
           Regional Protection Force to match security conditions on the ground;
              7.   Decides that the mandate of UNMISS shall be as follows, and authorizes
           UNMISS to use all necessary means to perform the following tasks:
                (a)   Protection of civilians:
                (i) To protect civilians under threat of physical violence, irrespective of the
                source of such violence, within its capacity and areas of deployment, with
                specific protection for women and children, including through the continued use
                of the Mission’s Child Protection and Women Protection Advisers, the positions
                for which should be filled expeditiously;
                (ii) To deter violence against civilians, including foreign nationals, especially
                through proactive deployment, active patrolling with particular attention to
                IDPs, including, but not limited to, those in protection sites and refugee camps,
                humanitarian personnel and human rights defenders, and identification of
                threats and attacks against civilians, including through regular interaction with
                civilians and working closely with humanitarian, human rights, civil society,
                and development organizations, in areas at high risk of conflict including, as
                appropriate, schools, places of worship, hospitals, and the oil installations, in
                particular when the GoSS is unable or failing to provide such security;

19-04434                                                                                                      7/15

S/RES/2459 (2019)

                    (iii) To implement a mission-wide early warning strategy, including a
                    coordinated approach to information gathering, monitoring, verification, early
                    warning and dissemination, and response mechanisms, including response
                    mechanisms to threats and attacks against civilians that may involve violations
                    and abuses of human rights or violations of international humanitarian law, as
                    well as to prepare for further potential attacks on United Nations personnel and
                    facilities;
                    (iv) To maintain public safety and security of and within UNMISS protection
                    of civilians sites;
                    (v) To deter and prevent sexual and gender-based violence within its capacity
                    and areas of deployment, as highlighted in paragraph 41 of the Special Report
                    of the Secretary-General of 10 November 2016 (S/2016/951);
                    (vi) To exercise good offices, confidence-building, and facilitation in support
                    of the mission’s protection strategy, especially in regard to women and children,
                    including to facilitate the prevention, mitigation, and resolution of
                    intercommunal conflict through, inter alia, mediation and community
                    engagement in order to foster sustainable local and national reconciliation as an
                    essential part of preventing violence and long-term state-building activity, as
                    well as to provide support, within existing resources, for the relevant authorities
                    and civil society organizations in developing and implementing gender-sensitive
                    community violence reduction (CVR) programs, in cooperation and
                    coordination with development partners and community representatives,
                    especially women and youth;
                    (vii) To foster a secure environment for the safe, informed, voluntary, and
                    dignified, return or relocation of IDPs and refugees including through
                    monitoring of, ensuring respect for human rights by, and where compatible and
                    in strict compliance with the United Nations Human Rights Due Diligence
                    Policy (HRDDP), coordination with police services, security and government
                    institutions, and civil society actors in relevant and protection-focused
                    activities, such as sensitization to issues of sexual and gender-based violence
                    and children and armed conflict as well as technical assistance or advice, within
                    existing resources, on international humanitarian law, investigation a nd
                    prosecution of sexual and gender-based violence and conflict-related sexual
                    violence, as well as other human rights violations and abuses, in order to
                    strengthen protection of civilians;
                    (viii) To support the facilitation of the safe, informed, voluntary, and dignified
                    return or relocation of IDPs from United Nations protection of civilian sites, in
                    coordination with humanitarian actors and other relevant stakeholders, and
                    within existing resources;
                     (b) Creating the conditions conducive to the delivery of humanitarian
               assistance:
                    (i) To contribute, in close coordination with humanitarian actors, to the
                    creation of security conditions conducive to the delivery of humanitarian
                    assistance, so as to allow, the rapid, safe and unhindered access of relief
                    personnel to all those in need in South Sudan and timely delivery of
                    humanitarian assistance, in particular to IDPs and refugees, recalling the need
                    for compliance with the relevant provisions of international law and respect for
                    the UN guiding principles of humanitarian assistance, including humanity,
                    impartiality, neutrality, and independence;




8/15                                                                                                      19-04434

                                                                                                 S/RES/2459 (2019)

                (ii) To ensure the security and freedom of movement of United Nations and
                associated personnel where appropriate, and to ensure the security of its
                installations and equipment necessary for implementation of mandated tasks;
                (c)   Monitoring, and investigating human rights:
                (i) To monitor, investigate, verify, and report immediately, publicly, and
                regularly on abuses and violations of human rights and violations of
                international humanitarian law, including those that may amount to war crimes
                or crimes against humanity;
                (ii) To monitor, investigate, verify and report specifically and publicly on
                violations and abuses committed against children and women, including tho se
                involving all forms of sexual and gender-based violence in armed conflict by
                accelerating the implementation of monitoring, analysis and reporting
                arrangements on conflict-related sexual violence and by strengthening the
                monitoring and reporting mechanism for violations and abuses against children;
                (iii) To monitor, investigate and report on incidents of hate speech and
                incitement to violence in cooperation with the UN Special Adviser on the
                Prevention of Genocide;
                (iv) To coordinate with, share appropriate information with, and provide
                technical support to international, regional, and national mechanisms engaged
                in monitoring, investigating, and reporting violations of international
                humanitarian law and human rights violations and abuses, including those that
                may amount to war crimes or crimes against humanity, as appropriate;
                (d) Supporting the Implementation of the Revitalised Agreement and the
           Peace Process:
                 To carry out, within its capabilities, the following tasks in support of the
           implementation of the Revitalised Agreement and the peace process, and recognizing
           that the tasks outlined in paragraph 10 and implemented by the Regional Protection
           Force (RPF) are essential to creating an enabling environment for imple mentation of
           the Revitalised Agreement and the peace process:
                (i) Using good offices to support the peace process, including advice or
                technical assistance, within existing resources;
                (ii) Participating in and supporting the CTSAMVM in implementation of its
                ceasefire monitoring and verification mandate, including through facilitating
                and supporting the CTSAMVM in its implementation of monitoring and
                reporting of violations and overall effectiveness in identifying those responsible
                for these violations;
                (iii) Actively participating in and supporting the work of the RJMEC,
                especially at the sub-national level;
                8.    Stresses that the peace process only remains viable with the full
           commitment by all parties and inclusion of civil society, women, and youth, urges all
           the parties to participate in the peace process in good faith in order to reach the
           compromises necessary for the peace and stability of South Sudan, reminds the parties
           that UNMISS shall only undertake those tasks related to the peace process as
           described in paragraph 7 (d) and notes its intention to keep the tasks and composition
           of UNMISS under active review based on progress with the peace process and
           implementing the Revitalised Agreement;
                 9.    Noting the request from the AUPSC outlined in the Secretary General’s
           letter to the Security Council (S/2019/110), expresses its willingness to consider a
           review of the mandate and composition of the RPF in line with UN peacekeeping

19-04434                                                                                                      9/15

S/RES/2459 (2019)

               principles and standards, subsequent to the parties to the Revitalised Agreement
               negotiating permanent security arrangements and forming the Revitalized
               Transitional Government of National Unity;
                     10. Decides that UNMISS shall continue to include an RPF, recalls that per
               2304 (2016) the RPF has the responsibility of providing a secure environment in and
               around Juba and in other parts of South Sudan as necessary, and authorizes the RPF
               to use all necessary means, including undertaking robust action where necessary and
               actively patrolling, to accomplish the RPF mandate, to:
                    (i) Facilitate the conditions for safe and free movement into, out of, and
                    around Juba, including through protecting the means of ingress and egress from
                    the city and major lines of communication and transport within Juba;
                    (ii) Protect the airport to ensure the airport remains operational, and protect
                    key facilities in Juba essential to the well-being of the people of Juba, as
                    identified by the Special Representative of the Secretary-General;
                    (iii) Promptly and effectively engage any actor that is credibly found to be
                    preparing attacks, or engages in attacks, against United Nations protection of
                    civilians sites, other United Nations premises, United Nations personnel,
                    international and national humanitarian actors, or civilians;
                     11. Welcomes the efforts of IGAD, the AU, the AUPSC, and countries in the
               region to find durable solutions to peace and security challenges in South Sudan,
               encourages their continued firm engagement with South Sudan’s leaders to meet
               without delay all commitments made under cessation of hostilities agreements and
               the Revitalised Agreement, underlines the support by IGAD of the national dialogue,
               in cooperation with the UN and AU, and urges IGAD to appoint a Chairperson for the
               RJMEC;
                      12. Affirms the critical importance of the ability of UNMISS to use all of its
               bases without restrictions in order to execute its mandate including, but not limited
               to, its base in Tomping and in this regard, calls on the Government of South Sudan to
               uphold its obligations to guarantee UNMISS unimpeded access to United Nations
               premises per the SOFA;
                    13. Recalls its resolution 2086 (2013) and reaffirms the basic principles of
               peacekeeping, as set forth in Presidential Statement S/PRST/2015/22, including
               consent of the parties, impartiality, and non-use of force, except in self-defence and
               defence of the mandate, recognizes that the mandate of each peacekeeping mission is
               specific to the need and situation of the country concerned, and that the Security
               Council expects full delivery of the mandates it authorizes;
                      14. Emphasizes that protection of civilians must be given priority in decisions
               about the use of available capacity and resources within the mission, stresses that
               UNMISS’s mandate as set out in paragraphs 7 and 10 above includes authority to use
               all necessary means in order to accomplish its mandated tasks, particularly the
               protection of civilians, and stresses that such actions include, but are not limited to,
               within UNMISS’s capacity and areas of deployment, defending protection of civilians
               sites, establishing areas around the sites that are not used for hostile purposes by any
               forces, including by extending weapons free zones to UNMISS protection of civilians
               sites where appropriate, addressing threats to the sites, searching individuals
               attempting to enter the sites, and seizing weapons from those inside or attempting to
               enter the sites, removing from and denying entry of armed actors to the protection of
               civilians sites;
                    15. Recognizes the important use of confidence-building, facilitation,
               mediation, and community engagement, and encourages UNMISS as appropriate and


10/15                                                                                                     19-04434

                                                                                                  S/RES/2459 (2019)

           when possible, to explore how it can use these techniques to enhance its ability to
           support the Mission’s protection, information gathering and situational awareness,
           and to implement its mandated tasks, including to protect civilians ;
                 16. Requests and encourages the Special Representative of the Secretary-General to direct the operations of an integrated UNMISS and coordinate all activities
           of the United Nations system in the Republic of South Sudan, and to exercise his or
           her good offices to lead the UN system in South Sudan in assisting the RJMEC, the
           AU, IGAD and other actors, as well as the parties, with implementation of the
           Revitalised Agreement and to promote peace and reconciliation, underscores in this
           regard the critical role of CTSAMVM as well as the importance of the support
           provided to it by UNMISS in delivering on its mandate, and reaffirms in this regard
           the critical role that the UN plays, in coordination with regional organizations and
           other actors, to advance political dialogue between parties and contribute to achieving
           an enduring cessation of hostilities and lead the parties to an inclu sive peace process;
                 17. Requests UNMISS to strengthen its sexual and gender-based violence
           prevention and response activities, including by ensuring that risks of sexual and
           gender-based violence is included in the Mission’s data collection, threat analysis and
           early warning systems, by engaging with victims of sexual violence, and women ’s
           organizations, further requests UNMISS to take fully into account gender
           considerations as a crosscutting issue throughout its mandate, reaffirms the
           importance of gender advisors, gender expertise and capacity strengthening in
           executing the mission mandate in a gender-responsive manner, and encourages
           Troop- and Police-contributing Countries to take measures to increase the deployment
           of women in the military, police, and civilian components of the Mission;
                  18. Requests UNMISS to continue to intensify its presence and active
           patrolling in areas of high risk of conflict, high concentrations of IDPs and refugees,
           with particular attention to women and children, including a s guided by its early
           warning strategy, in all areas, and key routes for population movement, to extend its
           presence, including through proactive deployment and patrolling, to areas of
           displacement, return, resettlement, and reintegration, in order to fost er a secure
           environment for the safe, informed, dignified and voluntary return of IDPs and
           refugees, and to conduct regular reviews of its geographic deployment to ensure that
           its forces are best placed to fulfil its mandate;
                19. Recognizes that the effective implementation of UNMISS mandate is the
           responsibility of all stakeholders and is contingent upon several critical factors,
           including well defined, realistic, and achievable mandates; political will, leadership,
           performance and accountability at all levels; adequate resources; policy, planning and
           operational guidelines and training; in this regard, welcomes the initiatives
           undertaken by the Secretary-General to standardize a culture of performance in UN
           peacekeeping and reaffirms its support, as set out in paragraph 1 of resolution 2436
           (2018), for the development of a comprehensive and integrated performance policy
           framework that identifies clear standards of performance for evaluating all Unit ed
           Nations civilian and uniformed personnel working in and supporting peacekeeping
           operations that facilitates effective and full implementation of mandates, and includes
           comprehensive and objective methodologies based on clear and well -defined
           benchmarks to ensure accountability for underperformance and incentives and
           recognition for outstanding performance, and calls on him to apply it to UNMISS;
           and further welcomes efforts by the Secretary-General to operationalize the
           Operational Readiness Assurance Policy, conduct mission performance reviews of
           uniformed and civilian personnel, leverage the Peacekeeping Capabilities and
           Readiness System (PCRS) to ensure performance data informs decisions regarding
           peacekeepers deployment, and calls on him to continue his efforts in this regard;


19-04434                                                                                                      11/15

S/RES/2459 (2019)

                     20. Recalls its Presidential Statement S/PRST/2015/22 and its resolution 2272
               (2016) and requests the Secretary-General to take all necessary measures to ensure
               full compliance of UNMISS with the United Nations zero tolerance policy on sexual
               exploitation and abuse and to ensure that all personnel of the mission are vetted for
               history of sexual misconduct in the service with the United Nations and requests the
               Secretary-General to include in his regular reporting to the Security Council on
               UNMISS information in this regard, including any reviews of UNMISS troop - and
               police-contributing countries according to the operational guidance for resolution
               2272 (2016), and urges troop- and police-contributing countries to take appropriate
               preventive and disciplinary action to ensure that such acts are pro perly investigated
               and punished in cases involving their personnel;
                    21. Requests UNMISS to ensure that any support provided to non-United
               Nations security forces is provided in strict compliance with the HRDDP on United
               Nations Support to non-United Nations security forces;
                     22. Requests UNMISS to assist the Committee, within existing resources,
               established pursuant to paragraph 16 of resolution 2206 (2015) and the Panel of
               Experts established by the same resolution, regarding the measures adopted in
               resolution 2428 (2018), including its provisions related to the arms embargo, and in
               particular encourages timely information exchange between U NMISS and the Panel
               of Experts, further urges all parties and 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;
                     23. Condemns in the strongest terms attacks on and threats made to UNMISS
               personnel and United Nations facilities, as well as those of IGAD, including the
               December 2018 obstruction, detention, and abuse of a CTSAMVM team by GoSS
               officials in December 2018, stresses that such attacks may constitute violations of the
               SOFA and/or war crimes, demands that all parties respect the inviolability of United
               Nations premises and immediately desist and refrain from any violence against those
               gathered at United Nations facilities, reiterates that the GoSS is bound by the terms
               of the SOFA, and further demands the immediate and safe release of detained and
               kidnapped United Nations and associated personnel;
                     24. Condemns the clash that took place in Malakal in February 2016 and the
               fighting in Juba in July 2016, and urges the UN to continuously incorporate lessons
               learned to conduct reforms across UNMISS to better enable it to implement its
               mandate, in particular regarding the protection of civilians, and to improve UNMISS
               chain of command, increase the effectiveness of UN MISS operations, strengthen
               safety and security of personnel, and enhance UNMISS ’ ability to manage complex
               situations;
                      25. Condemns in the strongest terms attacks on and looting of humanitarian
               aid, including food and medicine, and premises, including hospitals and medical
               facilities and warehouses, and demands that all parties allow, in accordance with
               relevant provisions of international law and United Nations guiding principles of
               emergency humanitarian assistance, including humanity, impartiality, n eutrality, and
               independence, the rapid, safe and unhindered access of relief personnel, equipment
               and supplies, and timely delivery of humanitarian assistance, to all those in need
               throughout South Sudan in particular to IDPs and refugees, and end use of h ospitals,
               schools and other civilian premises for purposes that could make them subject to
               attack, stresses the obligation to respect and protect all medical personnel and
               humanitarian personnel exclusively engaged in medical duties, their means of
               transport and equipment, as well as hospitals and other medical facilities, stresses


12/15                                                                                                    19-04434

                                                                                                    S/RES/2459 (2019)

           also that any returns or other durable solutions for IDPs or refugees must be
           undertaken on a voluntary and informed basis in conditions of dignity and safety, and
           notes that freedom of movement of civilians and their right to seek asylum should be
           respected;
                26. Further demands that all parties immediately cease all forms of violence,
           human rights violations and abuses, and violations of international humanitarian law,
           including rape and other forms of sexual and gender-based violence, and hold those
           responsible accountable, in order to break the prevailing cycle of impunity;
                 27. Condemns all violations of applicable international law committed by all
           parties to the conflict, in particular against children, strongly urges all parties to the
           conflict to implement the actions called for in The Conclusions on Children and
           Armed Conflict in South Sudan adopted by the Security Council Working Group on
           Children and Armed Conflict on 17 December 2018, including the immediate release
           of all children in their ranks and steps to end and prevent the killing and maiming of
           children, welcomes the release of children by some groups, strongly urges the GoSS
           to develop and implement a comprehensive action plan addressing all violations and
           abuses against children, and further strongly urges the SPLA-IO to implement its
           action plan to end and prevent the recruitment and use of children and the killing and
           maiming of children, and underlines the importance of the GoSS providing timely
           and appropriate reintegration and rehabilitation assistance to children affected by
           armed conflict and minimize the risk of re-recruitment, while ensuring that the
           specific needs of girls as well as children with disab ilities are addressed, including
           access to health care, psychosocial support, and education programmes and calls on
           the international community to assist these efforts;
                  28. Requests UNMISS continue to engage in dialogue with the parties to the
           conflict regarding the development and implementation of action plans, in line with
           resolution 1612 (2005) and subsequent resolutions on children and armed conflict and
           to support efforts aimed at releasing children associated with armed groups and forces
           in all parts of the country;
                 29. Strongly urges the SSPDF, SPLA-IO, and other armed groups to prevent
           further commission of sexual violence, urges the GoSS and the SPLA-IO to
           implement the joint and unilateral commitments and action plans they have made on
           preventing conflict-related sexual violence with focus on prevention, accountability,
           and enhancing assistance to victims, and strongly urges SSPDF leadership to issue
           specific command orders regarding prevention of conflict -related sexual violence,
           and demands the GoSS show concrete steps to hold those responsible within its ranks
           accountable for crimes of sexual violence;
                 30. Urges the parties to the Revitalised Agreement to demilitarize civilian
           areas as required in chapter 2 of the R-ARCSS, thereby reducing the proliferation and
           misuse of small arms and other weapons;
                 31. Underscores that truth-seeking and reconciliation is essential for
           achieving peace in South Sudan and in this regard stresses that the Commission of
           Truth, Reconciliation and Healing, as stipulated in the Revitalised Agreement, is a
           critical part of the peacebuilding process in South Sudan, to spearhead efforts to
           achieve national cohesion, promote peace, national reconciliation and healing;
                32. Takes note of the steps taken by the African Union towards the setting up
           of the Hybrid Court for South Sudan as provided for under Chapter V of the
           Revitalised Agreement, as well as the work done to date by the UN, welcomes the
           African Union’s formal invitation for the UN to provide technical assistance towards
           the setting up of the Hybrid Court for South Sudan, and requests the Secretary-General to continue to make available technical assistance to the Commission of the

19-04434                                                                                                        13/15

S/RES/2459 (2019)

               African Union and to the GoSS in setting up the Hybrid Court for South Sudan and
               for the implementation of other aspects of Chapter V of the Revitalised Agreement,
               including with regard to the establishment of the Commission for Truth,
               Reconciliation, and Healing;
                    33. Takes note of the 8 February 2018 African Union Peace and Security
               Council communique and in this regard calls upon the GoSS to sign without further
               delay the Memorandum of Understanding with the African Union to establish the
               Hybrid Court for South Sudan, and further calls on the international community to
               extend support to establishing the Hybrid Court for South Sudan;
                     34. Calls upon the GoSS to move forward expeditiously and transparently to
               complete the ongoing investigations of allegations of human rights violations and
               abuses in a manner consistent with its international obligations, and encourages it to
               release the reports of those investigations;
                     35. Calls upon the GoSS, while taking note of paragraph 3.2.2 of Chapter V
               of the Revitalised Agreement, to hold to account all those responsible for violations
               and abuses of human rights and violations of international humanitarian law, and to
               ensure that all victims of sexual violence have equal protection under the law and
               equal access to justice, and to safeguard equal respect for the rights of women and
               girls in these processes, and notes that implementing holistic transitional justice
               measures, including accountability, truth-seeking and reparations, are key to healing
               and reconciliation, and underscoring the importance of the rule of law to advancing
               the peace process, urges the GoSS to prioritize restoration and reform of the rule of
               law and justice sector, welcomes in this regard the initial steps the GoSS has taken
               with the deployment of mobile courts facilitated by UNMISS, and further urges the
               GoSS to take further steps in this regard;

               Reports
                     36. Requests the Secretary-General to provide within 180 days of the mandate
               renewal a written report on future planning for the protection of civilian sites,
               including an assessment of each protection of civilian site, a review of the current
               model for providing security to the protection of civilian sites, re commendations
               clarifying the roles and responsibilities of UNMISS and other relevant stakeholders,
               and recommendations for steps necessary to foster a secure environment for the safe,
               informed, voluntary, and dignified return or relocation of residents of protection of
               civilian sites, with a view towards durable solutions for all displaced persons, and
               encourages the UN to undertake broad consultations with relevant GoSS offices,
               humanitarian and development actors, local communities, and civil society
               organizations to inform the report;
                   37. Requests the Secretary-General to continue to report violations of the
               SOFA or obstructions to UNMISS on a monthly basis;
                     38. Requests the Secretary-General to report to the Security Council on
               implementation of the UNMISS mandate and the obstructions UNMISS encounters
               in doing so in a comprehensive written report to be submitted within 90 days of the
               date of adoption of this resolution, every 90 days thereafter, and underscores that such
               reporting should include:
                    • reporting on progress in implementing the HRDDP,
                    • specific and detailed reporting on how UNMISS is working toward fulfilling its
                      protection of civilian duties, including but not limited to troop responsiveness
                      and performance and new patrol areas and proactive deployment,
                    • the consideration of gender as cross cutting throughout the mandate,


14/15                                                                                                     19-04434

                                                                                               S/RES/2459 (2019)

              • steps taken to deter and prevent sexual and gender-based violence,
              • the participation of women in peace processes,
              • the steps taken to enhance the safety and security of UN personnel,
              • the steps that have been taken to address performance concerns reflected in the
                reviews outlined in paragraphs 18 and 19,
              • strengthened reporting on human rights issues in South Sud an, and
              • recommendations on the steps to adapt UNMISS to the situation on the ground;
                 39. Requests the Secretary-General to report, through his regular 90-day
           reports, on the technical assistance provided consistent with paragraph 30 above,
           invites the African Union to share information on progress made in the establishment
           of the Hybrid Court for South Sudan, with the Secretary-General to inform his report,
           and expresses the Security Council’s intention upon receipt of the Secretary-General’s reports to assess the work that has been done in the establishment of the
           Hybrid Court in line with international standards;
                40.   Decides to remain seized of the matter.




19-04434                                                                                                   15/15

