Conflict in the Sudans: Tracking Compliance with U.N. Security Council
Resolution 2046




Posted by Mollie Zapata and Jenn Christian on May 16, 2012








On May 2, the United Nations Security Council enacted a resolution
addressing recent violence that has flared along the poorly defined
international border separating Sudan and South Sudan, as well as the
nearly year-long conflict between Sudanese government forces and the
Sudan Revolutionary Front, or SRF. It was an important move, and a
significant one given the political gridlock the Security Council
often faces when considering issues related to the two Sudans.

But the value of the Security Council’s action will hinge on
compliance and consequences, and in the two weeks since the resolution
was adopted, the parties have traded accusations of ongoing
violations.

In an effort to track Sudan, South Sudan, and the Sudan People’s
Liberation Movement-North's, or SPLM-N's, compliance with those
conditions on which the resolution places corresponding deadlines, the
Enough Project has produced a new timeline. The timeline identifies
the deadlines for conditions provided for in Resolution 2046 and
chronicles indicators of actors’ compliance, or lack thereof, with
each of those conditions in color-coded categories along the timeline
(below).

U.N. Security Council Resolution 2046 requires the governments of
Sudan and South Sudan, as well as the SPLM-N, to meet a number of
conditions or face the imposition of sanctions under Article 41 of the
U.N. Charter. The resolution places deadlines on the actors’
compliance with certain conditions, while leaving other conditions
without corresponding deadlines.



View timeline infographic full-screen.

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 immediate 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.








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."






In the coming days and weeks, the Enough Project will continue to
monitor Sudan, South Sudan, and the SPLM-N’s compliance with
Resolution 2046 and update our timeline and table accordingly.

Should any actor fail to comply with the conditions identified in the
resolution, the U.N. Security Council should not hesitate to consider
the imposition of sanctions. Bringing to bare the threat of sanctions
made in Resolution 2046, when appropriate, is a critical way in which
the international community can apply diplomatic pressure on Sudan,
South Sudan, and the SPLM-N to work constructively towards addressing
the conflicts within and between the two Sudans that currently
undermine regional peace and security. Particularly given the
government of Sudan’s demonstrated pattern of disavowing agreements to
which it assents and abrogating international obligations placed upon
it, the U.N. Security Council’s continued vigilance and action is
essential.

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