On S.
Sudan, UNSC
Adopts
Presidential
Statement
Despite Kiir's
Reservations
By
Matthew
Russell Lee
UNITED
NATIONS,
August 28 --
Since the
South Sudan
peace
agreement was
signed by
President
Salva Kiir,
saying that he
had
reservations,
there has been
a lot of vague
talk about
these
reservations,
with the US
"not
recognizing"
them, some
saying they've
seen them but
not
publishing,
and others
saying wait
and see.
On August 28,
after some
push back (Periscope
video here),
the Security
Council
adopted a Presidential
Statement
welcoming
Kiir's signing
but not
referring to
any credible
and effective
mechanism to
seek
accountability.
On the way in,
only the
Permanent
Representative
of Venezuela
spoke - to
confirm that
his country's
issues with
Colombia are
bilateral and
may involved
at the end UNASUR,
not the UN.
Afterward, no
one else
spoke.
Here
is the UNSC
Presidential
Statement:
"The
Security
Council
welcomes the
26 August 2015
signature by
President
Salva Kiir
Mayardit on
the "Agreement
on the
Resolution of
the Conflict
in the
Republic of
South Sudan"
as well as the
signatures by
SPLM/SPLA-IO
Chairman Dr.
Riek Machar
Teny, Former
Detainees
representative
Mr. Pagan Amum
Okiech on 17
August 2015,
and joined by
other
stakeholders,
and recognizes
these
signatures as
a commitment
by the parties
to implement
the Agreement,
as contained
in the annex
to S/2015/654.
The Security
Council
expresses its
concern with
any statement
by any party
suggesting a
lack of
commitment to
implement the
Agreement, as
contained
exclusively in
the annex to
S/2015/654.
"The Security
Council
expresses its
deep
appreciation
for the work
of the
Intergovernmental
Authority on
Development
(IGAD) in
leading the
mediation
since the
onset of the
crisis, and
commends the
recently
expanded
efforts of the
'IGAD-Plus'
configuration
involving
nineteen
nations and
organizations
including the
United Nations
and friends of
South Sudan
from Africa
and abroad, to
develop and
achieve a
comprehensive
solution that
has now
established a
foundation to
deliver a
peace to South
Sudan. The
Security
Council urges
the continued
close
engagement of
IGAD and
IGADPlus
partners in
the critical
period ahead.
The Security
Council
acknowledges
that this
Agreement is
the first step
in reversing
the difficult
political and
economic
situation, and
humanitarian,
and security
catastrophe
resulting from
this crisis,
calls upon the
parties, with
support from
the United
Nations and
international
community, to
fully
implement the
Agreement and
reaffirms its
unwavering
support of the
people of
South Sudan.
"The Security
Council calls
upon the
parties to
adhere to the
permanent
cease fire
immediately,
confirms its
intention to
move swiftly
to update the
mandate of the
United Nations
Mission in
South Sudan
(UNMISS) to
support
implementation
of key tasks
in the
Agreement, and
expresses its
readiness to
consider
appropriate
measures to
ensure full
implementation
of the
Agreement, as
contained
exclusively in
the annex to
S/2015/654 in
full and
without
exception and
address any
violations or
failures of
any party to
implement its
provisions,
including
through the
imposition of
an arms
embargo and
additional
targeted
sanctions.
"The Security
Council notes
the African
Union Peace
and Security
Council's 24
August 2015
Press
Statement
warning that
all those
undermining
the lasting
resolution of
the conflict,
including
implementation
of the
Agreement,
would be held
accountable
for their
actions. The
Security
Council
underscores
the pressing
need to ensure
accountability
for serious
violations and
abuses of
human rights
and serious
violations of
international
humanitarian
law. The
Security
Council takes
note in this
regard of
Chapter V of
the Agreement.
The Security
Council
further
recognizes the
work of the
African Union
Commission of
Inquiry in
independent
and public
human rights
monitoring,
investigation
and reporting,
and
anticipates
with interest
its findings
and
recommendations
and encourages
the public
release of the
final report
as soon as
possible on
South Sudan.
"The Security
Council renews
its deep
appreciation
for the
courageous
actions taken
by UNMISS
personnel and
troop- and
police-contributing
countries to
protect
hundreds of
thousands of
civilians
under threat
of physical
violence and
to stabilize
the security
situation
across South
Sudan."
After
publishing
Kiir's 12
pages of
reservations,
Inner City
Press on
August 27 in
front of the
Security
Council asked
the Permanent
Representatives
of Angola and
of the United
Kingdom about
Kiir's
reservations.
Angola's
Ismael Abraao
Gaspar Martins
told Inner
City Press,
when asked one
on one outside
the Security
Council, "I
have seen
them. These
are very
serious
reservations,
I think. This
calls for the
Council to
monitor what
is there, how
it's going to
be implemented
and what
actions we
need to
continue to
do, to make
sure they move
forward, so
the violence
stops. If it
has been
adopted, it
has to be
applied."
Earlier,
on his way
into the Syria
meeting, Inner
City Press
asked UK
Permanent
Representative
Matthew
Rycroft about
Kiir's
reservations,
specifically
the "deletion"
of provisions
to disarm the
SPLM-N, and
groups in
Darfur (on
which the UK
holds the
Council's
pen). Periscope
video here.
The 12-page
reservation
document
says to delete
the provision
about
disarming
Darfur based
armed groups
including JEM,
SLA-Minnawi,
SLA-Abdulwahid,
as well as the
SPLM-North.
It resists
calling the
Army the NDFSS
and referring
to the "Armed
Opposition"
instead of the
SPLM/A-IO. It
says the
National Army
will remain
inside its
headquarters,
and would
delete Juba
from the list
of cantonment
areas. It says
there is a
need to
reconstitute
the Monitoring
and
Verification
Mechanism.
It says to
limit the JMEC
and delete the
word "oversee"
throughout.
The
article on
reparation and
compensation
is to be
removed.
Who
would be vice
president(s)
would be up to
Kiir: no
reward for
rebellion, or
"gambling" on
who ministers
will be. The
rebels should
not be
governors in
Unity, Jonglei
and Upper Nile
State. Power
sharing should
be 70-20, not
46-40.
Funds should
be with the
Minister of
Finance. As
always, follow
the money --
Inner City
Press would
add, to Kenya
Commercial
Bank and
beyond. We'll
have more on
this.
Before Kiir
signed,
Uganda's
Yoweri
Museveni advised
him to get the
UN out of the
country,
saying having
the UN is is a
sign of
weakness and
that the UN
preserves
terrorism.
Past
5 pm New York
time on August
26, UN
Secretary
General Ban
Ki-moon
offered praise
for Kiir
signing,
saying nothing
of the
reservation or
of the UN
being openly
trashed by
Museveni.
It is to
Museveni that
UN Secretary
General Ban
Ki-moon has
been deferring
on Burundi,
still not
having named a
UN envoy as
the UN
Security
Council called
"imminent" two
weeks ago.
(Ban was in
France on
August 26,
praising the
country's
ambassadorial
corps without
a single
mention of
French troops'
alleged rape
of children in
the Central
African
Republic,
covered up by
Ban's (French)
head of UN
Peacekeeping,
Herve
Ladsous.)
In fairness to
Museveni, his
reference may
have been in
part to
Ladsous'
MONUSCO
failing to act
on armed
groups in
Eastern Congo
-- including
the FDLR,
which also
impinges on
Burundi. We'll
have more on
this. Here was
Ban's August
26 statement:
"The
Secretary-General
welcomes the
signature
today by
President
Salva Kiir of
the Agreement
on the
resolution of
the Conflict
in the
Republic of
South Sudan.
This is a
critical and
necessary step
towards ending
the 20
month-long
conflict that
has devastated
South Sudan
and subjected
its people to
unspeakable
suffering." full statement
here.
In front of
the Security
Council on
August 26,
there was
loose talk
about Kiir
signing; an
African
diplomat told
Inner City
Press, "He
signed! He was
obliged!" with
no mention of
the
reservations.
The UN had no
noon
briefing
-- it said it
woul only have
one if
something
important
happened, this
was apparently
not important
- here are
answers from August
24 and August
25, Inner
City Press'
South Sudan
questions have
been not been
answered.
On August 25,
Ellen Loj, the
head of the UN
Mission in the
country UNMISS
told the UN
Security
Council that
Kiir is
expected to
sign the
agreement on
August 26.
Inner City
Press asked,
how might that
impact the
pending draft
resolution on
sanctions and
an arms
embargo?
After
consultations
on August 25,
Security
Council
President for
August Joy
Ogwu of
Nigeria
emerged with
Elements to
the Press
including:
“The
Council
members
expressed
concern on the
deteriorating
humanitarian
and security
situation.
They condemned
the continuing
fighting by
the parties
and underlined
the need for a
peaceful
resolution of
the crisis.
“They
expressed
optimism that
President
Salva Kiir
would follow
through on his
commitment to
sign the IGAD
Plus Peace
Agreement
without
reservation.
“They stressed
the importance
of full
implementation
of the
Agreement.
Council
members
underscored
the need to
remain engaged
on the
situation in
South Sudan.
In this regard
they expressed
their
readiness to
act
immediately if
President Kiir
does not sign
the agreement
tomorrow as he
has
undertaken."
Inner City
Press asked
Ambassador
Ogwu about
sending the
draft
resolution's
annexes to the
African Union
and IGAD, as
an African
delegation
told Inner
City Press
about. Ogwu
answered that
speed is
important, but
also that it
be concerted,
a consensus,
like an
orchestra, it
doesn't matter
who writes the
notes, but...
Periscope
video here;
here's fast
transcript of
Q&A from
InnerCityPro,
which also has
analysis:
Inner
City Press:
Some members
talked about
sending the
annexes to the
AU or IGAD.
Was there
discussion of
that? When you
say
immediately,
does it
include that?
Amb
Ogwu: We all
understand the
need for
urgency,
because the
situation is
urgent. But
also there is
the need for
concerted
action, for
consensus. It
is a stage and
all the
players must
act as an
orchestra,
play the
symphony, it
doesn’t matter
who writes the
notes but it’s
important to
act in unison,
act with one
voice.
Q: Can you
clarify, if he
does not sign
tomorrow, will
you vote on
the US draft
resolution?
Amb
Ogwu: We
decided that
we will take
immediate
action if he
does not sign,
or if he signs
with
reservations....
Inner City
Press: Any
discussion of
the military
situation?
Which side is
more
responsible
for the
military
action since
the Addis
meeting?
Amb
Ogwu: We are
seeking peace.
We are not
apportioning
blame to any
particular
side. We are
urging all the
parties to
come together
to relieve the
dire
humanitarian
situation and
to stop the
fighting.
Q: What about
justice? We
heard from
Stephen
O’Brien this
morning…
Amb
Ogwu: I don’t
think Stephen
O’Brien
mentioned
anything about
justice.
Q: He
spoke about
women being
raped,
atrocities.
Amb
Ogwu: Yes.
That is an
outcome. But
that is left
for another
department. I
would not want
to go into
that. But we
all agreed I
would say on
measures to be
taken that
anybody who is
found culpable
will be held
accountable.
There is one
voice in the
Council.
In her
national
capacity,
Nigeria's
Ambassador
Ogwu
emphasized the
need for an
arms embargo,
and to check
where the
weapons in the
country are.
Loj said, "a
Mini-Summit
has been
called for
tomorrow,
where the
Government of
the Republic
of South
Sudan, in the
interest of
peace, is
expected to
sign the
proposed
agreement.
Despite this
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
further
escalation of
hostilities in
southern Unity
State has had
increasingly
severe
consequences
for the
civilian
population.
Major
offensives
conducted by
the SPLA and
its allied
militias into
Opposition-held
areas have led
to further
deterioration
of the
security and
humanitarian
situation
since April,
and have
resulted in
numerous
reports of
grave human
rights
violations.
Most recently,
on August 19,
fighting
occurred
between SPLA
and Opposition
forces around
Leer town,
with both
sides trading
accusations of
having
initiated the
attack.
Loj spoke of
discouraging
some from
entering the
UN's
"protection of
civilian"
camps, without
addressing the
blocking of
civilians
fleeing
fighting from
the UN's
Yambio camp,
which Inner
City Press has
repeatedly
asked about.
Nor did she
address if
UNMISS' radio
station, Radio
Miraya, kept
rigt on
broadcasting
amid a strike
by media in
the country to
protect the
assassination
of journalist
Peter Julius
Moi.
On August 18,
Inner City
Press asked UN
Associate
Spokesperson
Maestracci,
"do you have
any comment
on, or does
the mission
have any
comment on,
Salva Kiir
having said at
the airport on
his way to
Addis that 'if
anybody among
journalists
does not know
that this
country has
killed people,
we will
demonstrate it
one day, one
time'?"
By August 21,
after South
Sudanese
journalist
Peter Julius
Moi was
assassinated
in Juba, Inner
City Press
asked the next
UN Associate
Spokesperson
Eri Kaneko this question,video
here:
Inner
City Press: In
South
Sudan,
virtually all
media there,
the Union of
Journalists in
South Sudan
and the
Association
for Media
Development in
South Sudan,
have agreed to
a media
blackout in
mourning and
as a protest
of the murder
of the
journalist
Peter Julius
Moi.
They’re saying
that UNMISS’
Radio Miraya
is going to
keep
broadcasting.
Is that the
case? Is
Miraya part of
sort of the
media of
South, what’s
the position
of the UN on
this?
Associate
Spokesperson:
I’m not aware,
but I will
look into
that.
Eight hours
later and
counting,
there has been
no answer. Video here.
On both August
18 and 19 when
Inner City
Press asked,
UN
spokesperson
Maestracci
declined to
confirm or
deny any of
the fighting
in the country
-- a pattern
for UNMISS
under UN
Peacekeeping
boss Herve
Ladsous. On
August 19,
Maestracci
told Inner
City Press,
"As soon as I
have
[information],
I will give it
to you." None
came: also a
pattern.
But Inner City
Press sources
tell it of
ongoing
clashes in
Upper Nile, in
Pageri, East
Equatoria,
still ongoing.
The Juba –
Nimule road,
the only
"proper tarmac
road" in the
country,
remains
closed;
limited
communications
within the
fragmented
phone networks
confirm that
civilians are
being
targeted.
West
Equatorial
Governor
Joseph
Bakasoro is
still
detained.
Also, here is
UNMISS sit-rep
for insiders,
not meant for
the public,
apparently:
“Following
attacks in
Pageri on 18
Aug 2015 host
country
security
forces have
advised that
there is still
military
operation in
the vicinity
of Pageri town
(30 kms North
of Nimule).
UN Security
advises that:
·
UN/INGO
travels on the
Juba - Nimule
road are
currently
restricted.
·
UN Security
will re-assess
the situation
in the next 24
hours and will
advise
accordingly.
·
In the interim
all missions
should be
cleared with
UN Security
until further
notice.
·
Additionally,
UN/INGO
missions into
Pageri are to
be suspended
until a
clearer
picture is
established as
there are
reports of
heavy host
country
security
forces
deployed in
Pageri.”
... This is
how things are
at UN
Headquarters
and elsewhere
in the system,
especially in
UN
Peacekeeping
under Ladsous.
The Free
UN Coalition
for Access is
challenging
this.
On August 19
after UN
Deputy
Secretary
General Jan
Eliasson
briefed the
Council behind
closed doors -
he stopped and
told Inner
City Press is
was not a
short
consultation,
only a
scheduling
misunderstanding
- he stopped
on the way out
and spoke
again.
Inner
City Press
asked Eliasson
the question
the UN
Spokesperson
has for two
days declined
to answer:
"Have the two
sides started
fighting
again?"
Eliasson to
his credit
answered:
"There are
reports, they
are very
worrying. And
this is also
why, it is
important if
there is this
progress
towards
signing of an
agreement,
that it is
accompanied by
the need for a
ceasefire. A
diplomatic
solution
cannot be
found if there
is not a de
escalation."
Moments later
New Zealand's
Ambassador
Gerard van
Boheman
stopped and
spoke about
the US
submitted
draft
resolution
that the US'
Susan Rice had
alluded to the
day before,
that that it
"does deal
with an arms
embargo also
posits
additional
sanctions, if
the agreement
is not signed.
I think
there’s
general
recognition
that the
situation in
South Sudan is
not good,
there’s a
recognition
that the IGAD
and that the
IGAD plus
countries have
been doing all
they can. We
want to be
able to
support their
efforts.”
Ambassador van
Boheman said
that “it’s
quite a
technical
resolution. So
I think it
will take
quite a bit of
work to get
everyone on
the same
page.”
Could that
timing be
related to the
15 days from
August 17
deadline for
Salva Kiir to
sign?
Inner City
Press also
asked van
Bohemen about
Yemen, but
that's another
story.
on
South Sudan,
can the
Mission there,
or do you have
anything on
reported, an
attack by the
Government on
the opposition
in a place
called
Imatong?
And do you
have any
comment on, or
does the
mission have
any comment
on, Salva Kiir
having said at
the airport on
his way to
Addis that "if
anybody among
journalists
does not know
that this
country has
killed people,
we will
demonstrate it
one day, one
time"?
It's a comment
that CPJ has
criticized,
and I wonder
if the mission
has seen it
and what they
think of it.
Associate
Spokesperson:
So on Imatong
— is that what
it's called?
Correspondent:
Yeah.
Associate
Spokesperson:
I actually do
not have a
statement.
On South Sudan
and the
comments on
the media that
were made by
Salva Kiir,
yes, the
Mission told
us they were
very concerned
about, over
the curbing of
the press
freedom in
South Sudan,
including
recent closure
of media
houses and
threats to
journalists.
And they've
also
reiterated the
importance of
independent,
free and
pluralistic
press.
Question:
Is the Deputy…
I just wanted
to ask one
thing. I
saw that the
Deputy
Secretary-General's
schedule says
appointments
are
internal.
Did he come
back from
Addis?
Is there some
way…
Associate
Spokesperson:
He is on his
way back.
On August 19,
Inner City
Press asked
Maestracci
again - still
no information
on Imatong,
nor Upper
Nile, Pageri
or other
attacks since.
From the
August 19 UN
transcript:
Inner
City Press: I
wanted to ask
about South
Sudan.
I’d asked you
yesterday
about whether
UNMISS could
confirm
reports of
fighting and
now there’s
increased
reports of
fighting and
counter
charges by the
Government and
the opposition
of fighting in
Upper Nile
State, also
near the
Ugandan
border.
So I’m
wondering if
UNMISS, given
its presence
in the
country, it
seems
important to
know is this
taking place
and if so
which side is
instigating
it?
Associate
Spokesperson
Vannina
Maestracci:
We’re checking
and we’re
waiting for an
answer.
As soon as I
have one, I
will give it
to you.
Nothing was
given, but see
above.
Inner
City Press
asked DSG
Eliasson of
reports of
fighting in
South Sudan,
he
acknowledged
the reports, Periscope
video here. We'll
have more on
this.