[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 371 Reported in Senate (RS)]
<DOC>
Calendar No. 338
116th CONGRESS
1st Session
S. RES. 371
Reaffirming the support of the United States for the people of the
Republic of South Sudan and calling on all parties to uphold their
commitments to peace and dialogue as outlined in the 2018 revitalized
peace agreement.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 22, 2019
Mr. Coons (for himself, Mr. Isakson, Mr. Durbin, Mr. Young, Mr.
Gardner, Mr. Kaine, Mr. Van Hollen, Mr. Cardin, Mr. Cruz, and Mr.
Wicker) submitted the following resolution; which was referred to the
Committee on Foreign Relations
December 17, 2019
Reported by Mr. Risch, with an amendment and an amendment to the
preamble
[Strike out all after the resolving clause and insert the part printed
in italic]
[Strike the preamble and insert the part printed in italic]
_______________________________________________________________________
RESOLUTION
Reaffirming the support of the United States for the people of the
Republic of South Sudan and calling on all parties to uphold their
commitments to peace and dialogue as outlined in the 2018 revitalized
peace agreement.
Whereas the United States recognized South Sudan as a sovereign, independent
state on July 9, 2011, following its secession from Sudan;
Whereas the United States played a key role in helping draft the 2005
Comprehensive Peace Agreement that laid the groundwork for the 2011
referendum on self-determination, through which the people of South
Sudan overwhelmingly voted for independence;
Whereas the people and Government of the United States have a deep and abiding
interest in South Sudan's political stabilization and post-conflict
development;
Whereas stability in Sudan is critical to peace and security in the region,
including for South Sudan, and the United States Government remains
committed to fostering Sudan's peaceful transition, as reflected by the
passage of Senate Resolution 188 (116th), which ``encourag[es] a swift
transfer of power by the military to a civilian-led political authority
in the Republic of the Sudan'';
Whereas, since the onset of the civil war in South Sudan in December 2013,
nearly 400,000 South Sudanese citizens are estimated to have been
killed, 1,900,000 have been internally displaced, and 2,300,000 have
fled the country and registered as refugees;
Whereas the Revitalized Agreement on the Resolution of the Conflict in the
Republic of South Sudan (R-ARCSS) signed on September 12, 2018 by the
political parties of South Sudan, affirms the Parties' commitment to the
permanent ceasefire and forbids human rights violations and restrictions
on humanitarian assistance;
Whereas the R-ARCSS establishes two phases of implementation, a Pre-Transitional
Period until May 12, 2019, which was subsequently extended to November
12, 2019, followed by the establishment of a Revitalized Transitional
Government of National Unity (RTGoNU) for three years;
Whereas the six-month extension of the deadline to form the RTGoNU was granted
to allow additional time to complete critical Pre-Transitional tasks,
including agreement on the number and boundaries of states and important
security arrangements;
Whereas the R-ARCSS stipulates that the signatories will create an enabling
political, administrative, operational, and legal environment for the
delivery of humanitarian assistance and protection;
Whereas the people of South Sudan continue to suffer from a humanitarian crisis,
with the United Nations reporting that over 6,300,000 people, more than
half the population, were classified as severely food insecure at the
peak of the lean season in 2019, including an estimated 10,000 who faced
famine conditions, and despite slight improvements in food security
during the harvest, the number of children under age five who are
acutely malnourished is projected to rise to 1,300,000 in early 2020;
Whereas humanitarian organizations are providing lifesaving assistance to more
than 5,300,000 South Sudanese people and are providing other vital
support services such as medical care to survivors of sexual violence
and facilitating access to education to over 690,000 children;
Whereas religious and faith-based organizations have played a key role in the
peace process and humanitarian response efforts in support of the people
of South Sudan;
Whereas at least 112 humanitarian aid workers have been killed since the start
of the conflict in 2013, including at least 15 in 2018;
Whereas the United States Department of State 2018 Country Report on Human
Rights Practices in South Sudan states that both the government and
opposition forces engaged in serious human rights abuses by perpetrating
extrajudicial killings, including ethnically based targeted killings of
civilians, and by engaging in arbitrary detentions, torture, rape,
beatings, and looting of property;
Whereas, on March 15, 2019, the United Nations Security Council extended the
mandate of the United Nations Mission (UNMISS) in South Sudan for one
year and authorized UNMISS to use all necessary means to deter violence
against civilians, to prevent and respond to sexual and gender-based
violence, and to foster a secure environment for the return or
relocation of internally displaced persons (IDPs) and refugees;
Whereas impunity for past atrocities continues to drive violence in South Sudan,
and signatories to the R-ARCSS committed to the establishment of
transitional justice measures;
Whereas the United Nations Children's Fund (UNICEF) has reported that children
comprise approximately 25 percent of all reported cases of conflict-
related sexual violence, and the United Nations Commission on Human
Rights in South Sudan has reported that forced recruitment of child
soldiers is increasing, despite the 2018 peace agreement;
Whereas illicitly obtained wealth and revenue sources perpetuate conflict in
South Sudan;
Whereas leaders of South Sudan use violence and corruption as a means of
capturing key sectors of the national economy, such as the oil and
mining sectors, for purposes of personal enrichment; and
Whereas the United Nations Security Council adopted resolution 2471 on May 30,
2019, to extend its sanctions regime in South Sudan and renew the
prohibition of the supply, sale, or transfer to South Sudan of arms and
related material or the provision of training, technical, and financial
assistance related to military activities or materials until May 31,
2020: Now, therefore, be it
Whereas the people and Government of the United States have a deep and abiding
interest in South Sudan's democratic development and post-conflict
stabilization;
Whereas the United States was a critical partner in the drafting and
implementation of the 2005 Comprehensive Peace Agreement that laid the
groundwork for the 2011 referendum on self-determination, through which
the people of South Sudan overwhelmingly voted for independence;
Whereas the United States recognized South Sudan as a sovereign, independent
state on July 9, 2011;
Whereas, since the onset of the civil war in South Sudan in December 2013,
nearly 400,000 South Sudanese citizens are estimated to have been
killed, 1,900,000 have been internally displaced, and 2,300,000 have
fled the country and registered as refugees;
Whereas violence erupted in Juba in July 2016 and spread throughout the country
in violation of the August 17, 2015, Agreement on the Resolution of the
Conflict in the Republic of South Sudan (ARCSS);
Whereas the Revitalized Agreement on the Resolution of the Conflict in the
Republic of South Sudan (R-ARCSS), signed on September 12, 2018,
affirmed the Parties' commitment to the permanent ceasefire,
humanitarian access, and respect for human rights, and established two
phases of implementation, an 8-month Pre-Transitional Period followed by
a 36 month Transitional Period that includes the establishment of a
Revitalized Transitional Government of National Unity (RTGoNU), and
calls for elections 60 days prior to the end of the Transitional Period
to establish a democratic government;
Whereas the R-ARCSS stipulates that the signatories will create an enabling
political, administrative, operational, and legal environment for the
delivery of humanitarian assistance and civilian protection;
Whereas two extensions to the deadline to form the RTGoNU have been granted to
allow additional time to complete critical Pre-Transitional tasks,
including agreement on the number and boundaries of states and important
security arrangements;
Whereas the United States Department of State 2018 Country Report on Human
Rights Practices in South Sudan states that both the government and
opposition forces engaged in serious human rights abuses by perpetrating
extrajudicial killings, including ethnically based targeted killings of
civilians, and by engaging in arbitrary detentions, torture, rape,
beatings, and looting of property;
Whereas, on March 15, 2019, the United Nations Security Council extended the
mandate of the United Nations Mission in South Sudan (UNMISS) for one
year and authorized UNMISS to use all necessary means to deter violence
against civilians, to prevent and respond to sexual and gender-based
violence, and to foster a secure environment for the return or
relocation of internally displaced persons (IDPs) and refugees;
Whereas the people of South Sudan continue to suffer from a humanitarian crisis,
despite over $4,500,000,000 in United States humanitarian aid provided
since the conflict began, with more than half the population
experiencing acute food insecurity at the peak of the lean season in
2019, and humanitarian organizations are providing more than 5,300,000
people with lifesaving assistance and other vital support services, such
as medical care to survivors of sexual violence and facilitating access
to education to over 690,000 children;
Whereas South Sudan has been at the lowest tier of the Department of State's
Trafficking in Persons rankings since 2015, indicating that its
government does not fully meet the minimum standards for the elimination
of trafficking and is not making significant efforts to do so;
Whereas impunity for past atrocities, corruption, and capture of key sectors of
the national economy, such as the oil and mining sectors, continues to
drive violence in South Sudan, and signatories to the R-ARCSS committed
to the establishment of transitional justice and economic and resource
management measures;
Whereas the United Nations Security Council adopted resolution 2471 on May 30,
2019, to extend its sanctions regime in South Sudan and renew the
prohibition of the supply, sale, or transfer to South Sudan of arms and
related material or the provision of training, technical, and financial
assistance related to military activities or materials until May 31,
2020; and
Whereas peace and security in South Sudan is critical to peace and security in
East Africa: Now, therefore, be it
Resolved, That it is the sense of the Senate--
<DELETED> (1) to reaffirm the commitment of the United
States to support peace in South Sudan;</DELETED>
<DELETED> (2) to call on the incumbent government and all
other signatories of the R-ARCSS to--</DELETED>
<DELETED> (A) create a secure, enabling environment
for all relevant political leaders to participate
actively in the formation of the RTGoNU and South
Sudan's political stabilization and post-conflict
development;</DELETED>
<DELETED> (B) resolve peacefully the remaining
political issues for negotiation during the Pre-
Transitional Period, including agreement on the number
and boundaries of states before the extended deadline
of November 12, 2019;</DELETED>
<DELETED> (C) establish a RTGoNU by November 12,
2019;</DELETED>
<DELETED> (D) adhere to the cessation of hostilities
and enable the delivery of humanitarian assistance and
protection;</DELETED>
<DELETED> (E) immediately release all political
prisoners and fulfill their responsibility to protect
civilians; and</DELETED>
<DELETED> (F) ensure respect for and full exercise
of the right to freedom of expression, association, and
peaceful assembly;</DELETED>
<DELETED> (3) that the Secretary of State and the
Administrator of the United States Agency for International
Development (USAID) should continue to provide immediate
lifesaving assistance to meet the dire humanitarian needs of
the South Sudanese people;</DELETED>
<DELETED> (4) that the Secretary of State and the USAID
Administrator should continue to support civilians,
particularly women and children, who have been adversely
affected by the civil war, and should provide foreign
assistance to support peacebuilding, conflict prevention,
transitional justice, and reconciliation efforts led by local
civil society;</DELETED>
<DELETED> (5) that the Secretary of State should monitor
implementation of the UNMISS mandate authorized by United
Nations Security Council Resolution 2459 (2019) and ensure that
any return or relocation of IDPs from United Nations protection
of civilian sites are safe, informed, voluntary, dignified, and
conducted in coordination with humanitarian actors;</DELETED>
<DELETED> (6) that the Secretary of State, in conjunction
with the Secretary of the Treasury, should continue to monitor
human rights abuse and corruption in South Sudan and take
decisive action using authorities granted under the Global
Magnitsky Human Rights Accountability Act (subtitle F of title
XII of Public Law 114-328; 22 U.S.C. 2656 note);</DELETED>
<DELETED> (7) that the Secretary of the Treasury should use
best efforts to prevent, detect, investigate, and mitigate
money laundering activities; and</DELETED>
<DELETED> (8) that the United States Government should
support implementation and subsequent renewal of the United
Nations Security Council arms embargo in South Sudan to prevent
continued illicit acquisition of arms and military equipment by
all parties and the proliferation of weapons throughout the
country, and that the lifting of a United Nations arms embargo
should be contingent upon--</DELETED>
<DELETED> (A) sustained adherence to the permanent
ceasefire, tangible efforts to end impunity for
violence against civilians, and consistent, unimpeded
humanitarian access in accordance with international
humanitarian principles of humanity, neutrality,
impartiality, and independence;</DELETED>
<DELETED> (B) holding free, fair, and peaceful
democratic elections; and</DELETED>
<DELETED> (C) cessation of widespread abuses and
violations by armed actors against civilians.</DELETED>
That the Senate--
(1) supports a sustainable peace and democracy in South
Sudan;
(2) calls on the incumbent government and all other
signatories of the R-ARCSS to--
(A) take concrete and meaningful steps to create an
enabling environment, to include security arrangements
for Juba and the unification of forces, for all
relevant stakeholders to participate actively in the
formation of the RTGoNU and South Sudan's democratic
development and post-conflict stabilization;
(B) take immediate action to resolve peacefully the
remaining political issues for negotiation during the
Pre-Transitional Period, including agreement on the
number and boundaries of states;
(C) adhere to the cessation of hostilities and
ensure humanitarian access;
(D) immediately release all political prisoners and
fulfill their responsibility to protect civilians;
(E) ensure respect for the right to freedom of
expression, association, and peaceful assembly; and
(F) cease recruitment and immediately release all
child soldiers under the command or influence of the
South Sudan People's Defense Forces (SSPDF) and its
associated militias;
(3) calls on heads of state of member countries of the
Intergovernmental Authority on Development in East Africa to
engage South Sudanese leaders and parties to uphold their
commitments to the peace agreement, including maintaining the
cease-fire, to make good-faith progress toward peacefully
forming the RTGoNU, and to resolve other key issues;
(4) calls on the Secretary of State and the Administrator
of the United States Agency for International Development
(USAID) to--
(A) intensify bilateral and multilateral diplomatic
efforts to demonstrate the commitment of the United
States to helping achieve a permanent and sustainable
peace in South Sudan on par with its commitment to
ameliorate the suffering of the South Sudanese people;
(B) elevate and consult additional voices in South
Sudan to broaden the constituency and shared
responsibility for maintaining peace and fulfilling the
commitments of the Pre-Transitional and Transitional
periods; and
(C) continue to support civilians, particularly
women and children, who have been adversely affected by
the civil war, and provide assistance to meet
humanitarian needs and support peacebuilding, conflict
prevention, transitional justice, and reconciliation
efforts led by local civil society;
(5) urges the Secretary of State and the United States
Permanent Representative to the United Nations to monitor
implementation of the UNMISS mandate authorized by United
Nations Security Council Resolution 2459 (2019) and ensure that
any return or relocation of IDPs from United Nations Protection
of Civilian sites are safe, informed, voluntary, dignified, and
conducted in coordination with humanitarian actors;
(6) urges the Secretary of State, in conjunction with the
Secretary of the Treasury to continue to monitor human rights
abuses and corruption in South Sudan and take decisive action
using authorities granted under the Global Magnitsky Human
Rights Accountability Act (subtitle F of title XII of Public
Law 114-328; 22 U.S.C. 2656 note);
(7) urges the Secretary of the Treasury to exercise all
options to prevent, detect, investigate, and mitigate money
laundering activities; and
(8) supports implementation and subsequent renewal of the
United Nations Security Council arms embargo in South Sudan to
prevent continued illicit acquisition of arms and military
equipment by all parties and the proliferation of weapons
throughout the country.
Calendar No. 338
116th CONGRESS
1st Session
S. RES. 371
_______________________________________________________________________
RESOLUTION
Reaffirming the support of the United States for the people of the
Republic of South Sudan and calling on all parties to uphold their
commitments to peace and dialogue as outlined in the 2018 revitalized
peace agreement.
_______________________________________________________________________
December 17, 2019
Reported with an amendment and an amendment to the preamble