UPDATE: Tracking Compliance with U.N. Security Council Resolution 2046
on Sudan and South Sudan

Posted by Jenn Christian on May 22, 2012

In the wake of U.N. Special Envoy to Sudan and South Sudan Haile
Menkerios’ briefing to the U.N. Security Council on May 16 concerning
Sudan and South Sudan’s compliance with Resolution 2046, Khartoum
remains, in many respects, defiant. In particular, Sudan continues to
resist a return to negotiations with South Sudan, asserting that
security issues must first be addressed. Notably, Resolution 2046
explicitly provides that the two sides must return “unconditionally”
to negotiations. In light of the impasse, President Thabo Mbeki, head
of the African Union High-Level Implementation Panel, or AUHIP, met
with President Bashir over the weekend. The meeting did not, however,
yield immediate assurances from Khartoum that it will return to
negotiations anytime soon.

For its part, South Sudan has called in recent days for the imposition
of sanctions on Sudan for its failure to implement certain aspects of
Resolution 2046. "They [Sudan] have violated all aspects of the
resolution of the Security Council. So it is time the global community
extends their support to the decision of the UNSC and imposes steep
sanctions [...] against Khartoum," said South Sudan’s Minister of
Information Barnaba Marial Benjamin.

In an effort to track these and other developments, the Enough Project
has updated its timeline and chart that track Sudan, South Sudan, and
the Sudan People’s Liberation Movement-North’s compliance with
Resolution 2046. As developments continue to unfold, the Enough
Project will update its timeline and chart accordingly.

To track the actors’ compliance with those conditions on which the
resolution does not attach a corresponding deadline, the Enough
Project has produced a new table. The table identifies the conditions
from Resolution 2046 with which deadlines are not associated and then
lists indicators of actors’ compliance, or lack thereof, with each of
those conditions.

Conditions in UNSC Resolution 2046 without Corresponding Deadlines

Indicators of Implementation or Lack Thereof

 Unconditional withdrawal of Sudanese and South Sudanese armed forces
to their respective sides of the border (Operative Para. 1(ii))

 None to date.


Sudan and South Sudan cease the harboring of and providing support to
rebel groups in the other state (Operative Para. 1(iv))

4 May 2012: President Bashir accuses the leader of the SPLM-N
rebellion in South Kordofan, Abdel-Aziz Al-Hilu, of being “a mere
façade of the foreign powers” that fund the SPLM-N’s activities, an
implicit reference to South Sudan’s suspected support of SPLM-N
forces.

10 May 2012: President Bashir proclaims, “"If they [South Sudan] want
to change the regime in Khartoum, we will work to change the regime in
Juba. If they want to attrite us, we will attrite them. And if they
want to support our rebels, we will support theirs."


Sudan and South Sudan activate an ad hoc committee under the JPSM to
receive and investigate complaints and allegations made by one party
against the other (Operative Para. 1(v))


None to date.


Sudan and South Sudan must immediately cease all hostile propaganda
and inflammatory statements (Operative Para. 1(vi))

 9 May 2012: Chairperson of the Security Committee of South Sudan’s
National Legislative Assembly announces that South Sudan will again
attack Heglig if SAF forces continue to attack South Sudanese
territory.

11 May 2012: President Bashir proclaims "an eye for an eye and a tooth
for a tooth" policy in any future attacks by South Sudan against
Sudan. President Bashir went on to say, "We have fertilized the soil
with their [South Sudan’s] dead," and SAF forces "will defend the
country and chop off any hand stretching to take it."


Immediate cessation of attacks against property or religious and
cultural symbols belonging to nationals of the other state (Operative
Para. 1(vi))

 None to date.


Sudan and South Sudan extend full protection of nationals of the other
state in line with international principles and consistent with the
Framework Agreement on the Status of Nationals of the Other State and
Related Matters initialed in March 2012 (Operative Para. 1(vi))


14 May 2012: Humanitarian airlifts begin to evacuate an estimated
12,000 South Sudanese previously stranded in Kosti, Sudan to Juba, via
Khartoum. The airlifts are organized by the International Organization
for Migration, or IOM, and supported by the governments of Sudan and
South Sudan.

18 May 2012: The International Organization of Migration, or IOM,
continues airlifts of stranded South Sudanese out of Sudan. Flights
have been increased from two to four a day and IOM plans to further
expand the number of flights to six per day.


GoS and SPLM-N extend full cooperation with the AUHIP and the Chair of
IGAD to reach a negotiated settlement (Operative Para. 3)

8 May 2012: The SPLM-N calls for “a comprehensive peaceful settlement”
to conflict in Sudan.

9 May 2012: The leadership council of the NCP, chaired by President
Bashir, states that it does not agree to elements of UNSC resolution
2046 regarding negotiations with the SPLM-N.

10 May 2012: Commander in chief of SRF forces and SPLM-N chairman,
Abdel-Aziz Adam El Hilu, says that "the root cause of conflict in
Sudan can never be addressed through selective dialogue. It is
requires comprehensive understanding and settlement."

14 May 2012: Sudan’s parliament rejects negotiations with the SPLM-N.


GoS and SPLM-N acceptance of the tripartite agreement for humanitarian
access to Blue Nile and South Kordofan (Operative Para. 4)

 8 May 2012: SPLM-N reiterates its acceptance of the Tripartite
Proposal and expresses its willingness to initiate a “humanitarian
cessation of hostilities” to allow for the Proposal’s implementation.

14 May 2012: Sudan’s parliament rejects the Tripartite Proposal.


Protection and promotion of human rights in accordance with
international humanitarian and human rights law by all parties
(Operative Para. 7)

 11 May 2012: Navi Pillay, U.N. High Commissioner for Human Rights,
condemns Sudan’s "indiscriminate" aerial bombings of South Sudan,
saying, "I am saddened and outraged to learn that such attacks which
place civilians at great risk - and have already killed and injured
some and caused many thousands of others to flee - have been taking
place again in recent days." Pillay further declares, "Deliberate or
reckless attacks on civilian areas can, depending on the
circumstances, amount to an international crime."

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