S/PV.7511 Security Council

In accordance with rule 39 of the Council’s provisional rules of procedure, I invite the following briefers to participate in this meeting: Ms. Ellen Margrethe Løj, Special Representative of the Secretary-General and Head of the United Nations Mission in South Sudan, and Mr. Stephen O’Brien, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator. On behalf of the Council, I would like to welcome Ms. Løj, who is joining us at this meeting via video teleconference from Juba. The Security Council will now begin its consideration of the item on its agenda. I wish to draw the attention of Council members to document S/2015/655, which contains the report of the Secretary-General on South Sudan. I also wish to draw the attention of Council members to document S/2015/656, which contains the text of a letter dated 21 August 2015 from the Panel of Experts on South Sudan established pursuant to Security Council resolution 2206 (2015) addressed to the President of the Security Council. At this meeting, the Security Council will hear briefings by Ms. Løj, Mr. O’Brien and Ambassador Cristián Barros Melet, Permanent Representative of Chile, in his capacity as Chair of the Security Council Committee established pursuant to resolution 2206 (2015), concerning South Sudan. I now give the floor to Ms. Løj. Ms. Løj: I thank you, Madam President, for this opportunity to present the latest report (S/2015/655) of the Secretary-General on South Sudan, and to update the Security Council on events since its finalization. Following the partial signing of the Intergovernmental Authority on Development-plus peace agreement, on 17 August, international and regional partners urged the President to sign the agreement by the end of the 15- day deadline and called on all parties to immediately cease all hostilities. Upon his return from Addis Ababa, President Salva Kiir commenced intensive consultations with various constituencies. Yesterday, the President chaired a pivotal leadership meeting attended by senior Government officials, members of the Sudan People’s Liberation Movement (SPLM) National Liberation Council, its Political Bureau and its secretariat, ministers, governors, chairpersons of independent commissions, as well as the Speakers and Deputy Speakers of the National Legislative Assembly and the Council of the States. A mini-summit has been called for tomorrow, where the Government of the Republic of South Sudan is expected to sign the proposed agreement — as it stated — “in the interest of peace”. Despite that hopefully positive development, the security situation on the ground has been volatile and tense. Fighting in the Greater Upper Nile region has remained intense, and a further escalation of hostilities in southern Unity state has had increasingly severe consequences for the civilian population. Major offensives conducted by the Sudan People’s Liberation Army (SPLA) and its allied militias into Opposition-held areas have led to further deterioration of the security and humanitarian situations since April, and have resulted in numerous reports of grave human rights violations. Most recently, on 19 August, fighting occurred between SPLA and Opposition forces around Leer town, with both sides trading accusations of having initiated the attack. In Upper Nile state, heavy fighting between the SPLA and the SPLM/Army in Opposition, along with its allied Shilluk militias, has centred around the state capital Malakal, which has changed hands several times since April. Both sides remain in close proximity to each other along the banks of the Nile River, with numerous skirmishes taking place in Malakal and in the northern town of Melut. I am disappointed that the parties have not observed the cessation of hostilities or the ceasefire that they agreed to in Addis Ababa. The Bahr el-Ghazal and the Equatoria regions also witnessed further deterioration in the security situation, with low intensity fighting between armed groups. Between 29 July and 2 August, tensions escalated in Yambio county, Western Equatoria state, with the occurence of clashes involving SPLA, national police, local youth, a community defence group and Dinka youth. Over 5,000 civilians were briefly displaced. On the domestic political front, on 16 August, the four elected governors of Central Equatoria, Upper Nile, Warrap and Western Equatoria states were dismissed, and the caretaker Governor of Northern Bahr el-Ghazal state was also replaced. On 20 August, the five newly appointed caretaker Governors were sworn into office by the President. Shortly after he was relieved of his position, the Western Equatoria state governor was arrested at his residence in Juba, but was later released. On 21 August, the Speaker of the Western Equatoria state Legislative Assembly was killed in an ambush in his state; further details of his killing are not yet known. The escalation of fighting has sparked further displacements. Civilians from conflict-affected counties in southern Unity State have fled to the United Nations Mission in South Sudan (UNMISS) protection-of- civilians site in Bentiu, while new internally displaced persons from the west bank of the Nile have arrived at the UNMISS base in Malakal. UNMISS is now providing protection to over 200,000 internally displaced persons at six protection-of-civilians sites. The Bentiu site has experienced the largest recent increase in internally displaced persons, up by 140 per cent since late April, while the population at the Malakal site has grown by almost 50 per cent just since mid-July. The escalation of fighting also sparked violent tensions between Dinka, Nuer and Shilluk internally displaced persons within the Malakal site. The large influx of internally displaced persons into UNMISS bases during the reporting period and the resulting rise in political, ethnic and tribal tensions, as well as criminal activity in the camps, underscores once again the unsustainability of these protection sites for the longer term. As mentioned in my previous briefing to the Council, in May (see S/PV.7444), more attention must be paid to preventing the sites from becoming attractions for those looking for the services available therein, rather than for those in need of physical protection. To that end, UNMISS has further expanded its reach outside of the sites through short, long and dynamic air and integrated patrols, in order to increase security for the local population while also facilitating conditions for the delivery of humanitarian assistance. In particular, UNMISS has scaled up its protection-of- civilians efforts in Unity xtate by projecting a security presence in previously inaccessible areas. However, capacity and resource constraints and deliberate obstruction by the parties have limited those efforts. I would like to thank our military and police personnel for their gallant efforts to protect civilians in an increasingly difficult environment. I would urge troop- and police-contributing countries, along with other Member States, to help equip and accelerate the deployment of UNMISS personnel and resources and give them the additional resources they need. The humanitarian situation in South Sudan is dire. Over 2.2 million people remain displaced. Over 4.6 million people are already facing crisis and emergency levels of food insecurity. The situation in Unity state is particularly alarming, as prevailing insecurity prevents humanitarian access to displaced communities. On 14 August, the World Food Programme commenced food air drops to Wau Shilluk, in Upper Nile state, which has significantly reduced the number of civilians arriving at the UNMISS protection site in Malakal. UNMISS has continued to provide force protection to road and barge convoys and other activities to enable humanitarian agencies to meet the primary needs of those at risk. Yet the delivery of humanitarian assistance is being severely challenged by land, riverine and air movement restrictions and the heightened risk of being caught in crossfire. With respect to the human rights situation in South Sudan, I am deeply shocked by the parties’ utter disrespect for human life. UNMISS continues to receive reports of gross violations of human rights and humanitarian law committed by all parties to the conflict. On 29 June, UNMISS released a human rights flash report documenting human rights violations that were perpetrated as fighting escalated in the Greater Upper Nile region in April and May. Reported violations include indiscriminate killings, rape and other sexual violence, abductions of civilians and the destruction of civilian objects, property and livelihoods. The deliberate targeting of innocent civilians, including women, children and the elderly, must stop immediately, and the culture of impunity must end. I am also concerned by the recent restrictions placed on press freedom in the country, including through the detention of, threats to and violence against journalists. Although the circumstances around the recent killing of Peter Moi, a journalist of the New Nation newspaper, are still unclear, the event raises serious concern. I urge a swift and thorough investigation into the incident. Noting that the Government has made repeated commitments to press freedom, it is important that they match words with action. I strongly encourage the Government to implement the Media Authority, Broadcast Corporation and Right of Access to Information Act, which was signed into law in December 2013. Ensuring the safety and security of members of the press and swiftly investigating incidents of violence and intimidation against journalists are critical. As I have noted in previous briefings to the Council, UNMISS continues to face serious obstacles to its operations, including grave obstructions by both parties to its freedom of movement. That limits the Mission’s ability to protect civilians and monitor the human rights situation, while also delaying and interrupting the movement of life-saving humanitarian aid to the most vulnerable. I would like again to urge all parties to allow unhindered freedom of movement for Mission and humanitarian operations. Following the hopefully successful conclusion to the peace talks, we must bear in mind that implementation will have significant resource implications. The agreement includes a number of important tasks for the Mission and several implied tasks that will require UNMISS support. In orienting the Mission to assume those functions, we must be careful that resources are not diverted from key mandated tasks, particularly the protection of civilians. The four pillars of the current mandate of UNMISS will continue to be necessary and critical to creating an environment in which peace can take root. As we welcome hopefully the signing of the agreement by the Government, I would reiterate my call to the leaders of South Sudan to place the interests of their people above their personal ambitions and implement the peace agreement in good faith. While we will all do everything possible to support implementation, I must remind the Council that this agreement, albeit very important, is only a first step. Peace, stability and prosperity will not come to South Sudan overnight. The process will require concerted and sustained efforts from both national stakeholders and international partners. Focus will also need to be drawn to the range of intercommunal and other conflicts, which in some states prove to be just as violent as the political struggle. We must devise ways to support the South Sudanese people to address the drivers of conflict as we lay the foundation for longer-term peace and development. I would like to conclude by reaffirming the commitment of the entire United Nations family on the ground to work closely with the African Union, regional and international partners and, not the least, the people of South Sudan to make that vision a reality.

I thank Ms. Løj for her briefing. I now give the floor to Mr. O’Brien. Mr. O’Brien: I thank you, Madam President, for this opportunity to brief the Security Council following my visit to South Sudan from 22 to 25 July. It was my first visit to South Sudan as the Emergency Relief Coordinator. My objective was to evaluate the humanitarian situation first-hand and to address critical concerns affecting our operations in South Sudan. During my visit, I had the opportunity to meet with President Salva Kiir and the Minister for Cabinet Affairs, Mr. Elias Lomuro. I also met with Ambassadors from the region and with donor Member States. I also was able to visit civilians directly affected by the conflict in the Juba protection-of-civilians site, as well as those in Bentiu and Nyal in southern Unity state. I witnessed the consequences of over 20 months of brutal conflict on the lives of men, women and children. It was a very deeply harrowing experience. The overall humanitarian situation continues to sharply deteriorate. As of today, over 2.2 million people have been displaced due to the conflict, an increase of 200,000 since the beginning of this year. More than 1.6 million are displaced internally and over 616,000 people have fled to neighbouring States. Almost 200,000 internally displaced persons (IDPs) are now seeking refuge in United Nations Mission in South Sudan (UNMISS) bases, as compared to 121,000 just four months ago. Severe food insecurity is affecting 4.6 million people this year, as compared to 3.8 million at the height of the lean season last year. While the World Food Programme (WFP) and its partners have reached more than 2.3 million in 2015, severe hunger will be a threat well into next year, especially if fighting continues. There is no doubt that we will continue to see higher than usual food insecurity in the conflict-affected states. In those states, displacement, the inability to plant crops now and the destruction of livelihoods has just been too severe and has left people unable to meet their own most basic needs. Host communities, such as those in Nyal as I saw, are generously giving up their own resilience to those to whom they are giving sanctuary as they flee or die and wade through the currently saturated chest-high swamps to safety, however temporary, before the fighting again catches up with them. The lives of more than a quarter million children are at risk from rapidly worsening malnutrition. In half of South Sudan’s states, one in three children suffers acute malnutrition. The situation for children in the protection-of-civilians sites is particularly concerning. UNICEF reports that global acute malnutrition is higher inside the Bentiu protection-of-civilians site, at 12.9 per cent, than for new arrivals, at 1.6 per cent, which could be attributed to overstretched basic services and outbreaks of disease that can contribute to malnutrition. Large spikes in malaria across South Sudan have also raised the possibility of a second consecutive season with exceptionally high numbers of malaria cases and preventable deaths, which, as we know, particular affect children under 5 and pregnant mothers. The situation is particularly alarming in areas directly affected by armed conflict, in particular in Unity and the Upper Nile states. I was able to see that for myself during my visit to Bentiu and Nyal. I am very concerned about the atrocities that continue to be reported. The scope and level of cruelty that has characterized the attacks against civilians suggests a depth of antipathy that goes beyond political differences. Allegations include rampant killing, rape, abduction, looting, arson and forced displacement, and even such horrific acts as burning of people inside their own homes. There is evidence of deliberate ethnic targeting of, and reprisals against, women and girls. According to information received from Unity state, hundreds of women and girls have been abducted, and hundreds more have been subjected to sexual violence, including gang rape. For example, a survivor from Koch county reported how she was dragged out of her tukul and gang-raped alongside her neighbour by Government soldiers in front of her 3-year-old child. In another instance, a witness from Rubkona county said that she saw Government forces gang-raping a breast- feeding mother after tossing her baby aside. Those who can flee from the unspeakable violence hide in the hard-to-reach swamp lands, while some others make the long journey by foot to the Bentiu protection-of-civilians site in search of safety. In Nyal, I met many women and children who had been separated from their husbands and other family members. One woman had just arrived after walking for several days from close to Leer with her seven children to seek safety among fellow Nuer in Nyal. The host community in Nyal was very welcoming, but the food and resources they were sharing with those arriving were running quite low. While insecurity has made it difficult for humanitarian staff to maintain a presence in southern Unity state, we are making all possible efforts to reach the displaced people, and host communities in urgent need of assistance. To further boost those efforts, I recently approved over $5 million from the Central Emergency Response Fund for survival kits that contain food, seeds, mosquito nets and other essential items. We have reached over 33,000 people with the kits so far. I am concerned about civilians being attacked at distribution sites in southern Unity state. We have had to halt the provision of assistance in some instances where people did not dare to come out of hiding to receive life-saving aid. The attacks are inhumane and illegal, and the international community should reiterate its call on all parties to the conflict to meet their obligations under international humanitarian law to protect civilians. While needs are increasing, our ability to reach people in a timely manner is hampered by severe restrictions. During my visit, I was able to discuss the ban on barge movement on the Nile and the use of Malakal Airport with President Kiir and Minister Lomuro. I am pleased that the Government of South Sudan then moved to lift those restrictions at the beginning of August, but I remain deeply concerned about access restrictions to neighbouring Wau Shilluk from Malakal. More than 16,000 people have arrived in the Malakal protection-of-civilians site since mid-July, primarily because humanitarian assistance to Wau Shilluk has stopped. Humanitarian staff are still being prevented from delivering aid to Wau Shilluk from Malakal, but they have at least been able to fly in aid from Juba, reaching 20,000 so far. That is neither cost- effective nor the best way to ensure that all needs are met. We therefore need to continue to call on authorities to facilitate the safe, rapid and unimpeded access of humanitarian organizations and supplies to all persons in need of assistance within South Sudan, in line with international humanitarian law. I am very concerned about the security of humanitarian workers in South Sudan. At least 29 humanitarian workers have been killed since the beginning of the conflict, including, sadly, the recent confirmation of the three WFP workers. Many more have been wounded or abducted, and they have often been ethnically targeted. There has also been a worrying trend of robberies of non-governmental organization compounds in Juba, with 24 such robberies in July alone. That is unacceptable. I raised that concern in my meetings with the Government of South Sudan, but I again wish to recall parties’ obligations to protect and respect humanitarian personnel and supplies. Despite the increasingly difficult operating environment, I am glad to report that in 2015 humanitarian workers have so far reached more than 2.3 million people with food and livelihood assistance, and more than 1.6 million people with water, sanitation and hygiene services. Health workers have seen more than 1.1 million patients in conflict-affected states, and more than half a million people have received critical items, such as tarpaulins, blankets and cooking sets, while more than 200,000 children have been provided with child-friendly spaces. The cholera outbreak, which resulted in 1,644 cases and 45 deaths, has been largely contained. Challenges remain, including the need to scale up the response fast enough to meet the ever-increasing needs, especially in places such as the Bentiu and Malakal protection-of-civilian sites, where people continue to arrive by the hundreds on a daily basis. To help address the humanitarian challenges I have mentioned, I believe the international community should address the following four priority areas. First and foremost, the people of South Sudan are looking for lasting peace. A first step would be a credible cessation of hostilities, which would give people breathing space and allow humanitarian workers to deliver assistance to those currently cut off from life-saving aid by insecurity. As a second step, a durable peace agreement would allow people to consider returning home and rebuilding their lives. But we must be realistic: a peace agreement that is not inclusive and does not bring an end to the fighting will ultimately fail the people of South Sudan. Secondly, the call on the parties to the conflict to protect civilians must be reinforced. Over the past four months alone, and despite the best efforts of UNMISS and humanitarians, an untold number of civilians, among them many women and children, have died cruel deaths, were wounded or lost their livelihoods. The Government needs to do more to protect civilians and prevent or stop violations of international humanitarian law. While we work towards peace, we must ensure that, even if current developments lead to a political change, the United Nations continues to put protection at the centre of its focus as well. We also need to put an end to the prevailing impunity for violations of international humanitarian law committed by all parties to the conflict and for violations and abuses of human rights law. Thirdly, anyone with influence on the parties should ensure that humanitarian response efforts are not impeded and that all South Sudanese in need of assistance can be reached in a principled and cost- effective manner. Continued pressure and action on the parties to the conflict to abide by their commitments is crucial. Finally, we need adequate funding for the humanitarian operation. Only half of the requirements of the 2015 Humanitarian Response Plan have so far been met. I am concerned that, without timely and sustainable funding, we will not be able to deliver on our promise to enable the people of South Sudan to realize their basic right to be safe and to live with dignity and free from want.

I thank Mr. O’Brien for his briefing. I now give the floor to Mr. Barros Melet.

I have the honour to brief the members of the Security Council in my capacity as Chair of the Security Council Committee established pursuant to resolution 2206 (2015), concerning South Sudan, and to highlight the main findings of the interim report of the Panel of Experts (see S/2015/656), based on the Coordinator’s presentation of the report and the Committee’s deliberations on 20 August, as well as the work of the Committee and Panel since my previous briefing in the Chamber, on 14 May (see S/PV.7444). On 31 July, the Panel of Experts conveyed its interim report to members of the Committee. In its report, the Panel observed that, since the adoption of resolution 2206 (2015), the situation in South Sudan had deteriorated precipitously, posing a significant threat not only to the country’s citizens but also to the peace and security of the entire region. In the light of such severe deterioration, the Panel recommended that, in order to achieve the objectives set forth in resolution 2206 (2015) and alter the expectations of the warring parties, designations undertaken by the Committee must include those decision-makers with the ability to either perpetuate or end the war, as well as those who benefit economically and politically from conflict and others who are responsible for serious crimes under international humanitarian law and human rights law. The Panel also observed that the supply of arms and ammunition to all parties in the conflict had contributed to prolonging and escalating the war. In that connection, it recommended that the Security Council impose a complete and general arms embargo on South Sudan. The Panel reported on the procurement of heavy weaponry by the Government — particularly the acquisition of greater air, riverine and land mobility capacity — which would allow Government forces to overcome the logistical challenges of the rainy season and continue fighting in the coming months, thereby substantially impacting the dynamics on the ground. The Panel noted that the humanitarian situation in South Sudan was one of only four level-3 system- wide emergencies in the world, and the only one in Africa. The Panel also reported that the obstruction of humanitarian assistance and of peacekeeping operations had escalated since the adoption of resolution 2206 (2015); that humanitarian workers and United Nations Mission in South Sudan (UNMISS) personnel, alike, were regularly attacked, assaulted, harassed, detained, intimidated and threatened; and that, in May, humanitarian actors had reported the same number of access-related incidents as the preceding two months combined. The Panel reported that all parties to the conflict had been targeting civilians as part of their military tactics, thereby contravening applicable international humanitarian law, as referenced to in resolution 2206 (2015). The Panel asserted that, since the offensive in the greater Upper Nile region began in April, the intensity and brutality of the violence aimed at civilians were hitherto unseen, even in what had already been, without a doubt, an exceedingly violent conflict. The Panel further reported that scores of civilians had been killed, maimed, tortured, burned alive inside their homes, displaced, raped and abducted, and that children had been recruited and used as part of the war effort. The Panel indicated that it was investigating the chain of command pertaining to those serious crimes. In that regard, the Panel recommended that, following its presidential statement of 24 March (S/PRST/2015/9), the Security Council urge the African Union to publicly release the report of its commission of inquiry on South Sudan without further delay and independent of the outcome of the Intergovernmental Authority on Development process, as that would provide insight regarding those responsible for the violations. During the Committee meeting on 20 August, the Coordinator of the Panel noted that, by every measure, the situation in South Sudan had deteriorated further since the Panel submitted its interim report to the Committee. He reported that no area of South Sudan remained unaffected by conflict and that the war continued to metastasize and manifest beyond the areas of most intense fighting between Government and Opposition forces in the states of the Greater Upper Nile region. The Coordinator also stated that developments in recent days, including President’s Kiir’s dismissal of the Governors of Central and Eastern Equatoria states and the arrest and detention of the latter, had exacerbated an already volatile situation, further fuelling a brewing insurgency in those areas. On the humanitarian situation, the Coordinator stated that over 70 per cent of the country’s 12 million people now required humanitarian assistance according to the latest United Nations figures. Food insecurity remains at emergency levels — the second most-severe level just short of famine — in widespread areas of the Greater Upper Nile region. The Coordinator reported that just under 200,000 internally displaced persons were now sheltering in United Nations protection-of- civilian sites, up nearly 40,000 since mid-July — that is a one third increase in just over a month. The Coordinator also noted that the deterioration in the economic situation was commensurate with that of the security and humanitarian situation, and that the Panel had begun investigating the financing channels used by individuals in both the Government and the Opposition, with a view to prosecuting war crimes and the individuals and entities that were profiting from the continuation of the conflict. The Coordinator observed that the Panel had taken note of the fact that the outcome of 17 August was only the most recent of at least a dozen times since early 2014 that one or both parties had failed to adhere to an internationally endorsed deadline for progress towards ending the war. He expressed the view of the Panel of Experts that, should all the parties sign an agreement, the prevailing issue would be not only the implementation of that agreement and an end to the violence, but also the promotion of national reconciliation and a durable and inclusive political settlement for South Sudan, which would include ensuring accountability for serious crimes committed throughout the war. In the opinion of the Coordinator, the role envisioned for sanctions in resolution 2206 (2015) in order to achieve an inclusive and sustainable peace in South Sudan will be just as critical, if not more so, during that period than it is today. The Coordinator also underscored the Panel of Experts’ recommendation that, in so far as resolution 2206 (2015) reiterates that there is no military solution to the conflict and the reported acquisitions and attempts to change the balance of power on the ground decrease the incentives for a solution to the violence — incentives that are necessary not only for an agreement but for adherence and implementation thereof, including adherence to a ceasefire — makes it necessary for the Council to impose an arms embargo on South Sudan. In their deliberations concerning the Panel of Experts’ interim report on South Sudan, most delegations welcomed the report and its recommendations. Some delegations did not support the recommendation concerning the report of the African Union’ commission of inquiry on South Sudan. One delegation stressed the need to further study the recommendation on the imposition of an arms embargo, and did not support the recommendation on options for criminal accountability and transitional justice in South Sudan. The Committee took note of the only recommendation of the Secretariat, namely, that it consider the possibility of additional designations of individuals and — given the severe deterioration on the ground and the threat that the war in South Sudan poses to international peace and security and to achieve the objectives established by the Council in resolution 2206 (2215), namely, inclusive and sustainable peace in South Sudan — that such designations include those decision-makers who have the capability either to perpetuate or end the war, but who reap the economic and political benefits of the conflict, and/or others, who are responsible for serious crimes under international humanitarian law and human rights law. Since my previous briefing in the Chamber on 14 May, the Committee held an exchange of views on 22 May with the Panel of Experts regarding its work plan and methodology. On 19 June, the Committee held its second formal meeting with the representatives of South Sudan, the Central African Republic, the Democratic Republic of the Congo, Ethiopia, Kenya, the Sudan and Uganda on the implementation of resolution 2206 (2015). In their remarks, the participating States of the region highlighted a number of challenges in implementing the sanctions measures, such as porous borders, and expressed concern with regard to the deteriorating humanitarian and security situation in South Sudan. On 26 June, the Panel of Experts submitted its first monthly report pursuant to resolution 2206 (2015). Committee members look forward to receiving the next monthly report, at the end of this month, and to maintaining close, continuous engagement with the Panel over the course of its mandate. On 1 July, the Committee approved the inclusion of six individuals on the list making them subject to the travel ban and assets freeze set out respectively in paragraphs 9 and 12 of resolution 2206 (2015). As I mentioned under the item “Other matters” during the Committee’s consultations on 20 August, I plan to visit South Sudan during the month of November, and will inform members of the Committee of the details of my planned visit in due course. In conclusion, I would like to assure members of the Council that, as Chair of the Committee, I will do my utmost to ensure that the Committee makes a significant contribution to the efforts of the Council, UNMISS and other international partners to bring an end to the ongoing violence that threatens South Sudan and to set the country on a path of reconciliation, durable peace and sustainable development.

I thank Ambassador Barros Melet for his briefing. I now invite Council members to informal consultations to continue our discussion on the subject.