39 EU restrictive measures: South Sudan
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
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| Document details | (a) Council Decision 2014/449/CFSP of 10 July 2014 concerning restrictive measures in view of the situation in South Sudan: (36217);
(b) ) Council Regulation (EU) No. 748/2014 of 10 July 2014 concerning restrictive measures in respect of the situation in South Sudan: (36218)
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| Legal base | Council Decision: Article 29 TEU; unanimity
Council Regulation: Article 215 TFEU; QMV
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| Department | Foreign and Commonwealth Office
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Summary and Committee's conclusions
39.1 The BBC pithily sums up South Sudan's story
thus:
"SOUTH SUDAN - TIMELINE OF TROUBLE
"1962-2005: Mainly Christian and animist South
Sudanese fight mostly Muslim, Arabic-speaking northerners
"2011: South Sudan gains independence; hundreds
of thousands of refugees go home
"One of world's least developed countries
"Numerous rebellions
"Governed by former rebel group SPLA
"2013: President Salva Kiir sacks Vice-President
Riek Machar and accuses him of plotting a coup
"Machar denies charges but heads a rebellion
"Fighting takes on ethnic dimension between
Kiir's Dinka community and Machar's Nuers
"Thousands killed, about a million forced from
their homes"[163]
39.2 The Council Decision and Council Regulation
provide for the creation of a separate EU South Sudan sanctions
regime until 12 July 2015. As such, they provide for the continuation
of the arms embargo first implemented in 1994 under the Sudan
sanctions regime, before South Sudan gained independence in 2011.
They also introduce restrictions on travel and the freezing of
funds and economic resources of persons obstructing the political
process in South Sudan, including by acts of violence or violations
of ceasefire agreements, as well as persons responsible for serious
violations of human rights in South Sudan. Two such individuals
are "listed": Peter Gadet, an opposition commander considered
responsible for a range of military operations and consequently
associated with multiple breaches of ceasefire agreements; and
Santino Deng Wol, who has led government forces on military operations
in breach of ceasefire agreements.
39.3 The Minister for Europe (Mr David Lidington)
says that the Council remains seriously concerned about the situation,
following the failure of both sides to honour their commitments
to cease hostilities and engage in meaningful talks; and that
the imposition of these measures "will send a strong message
about resolving the conflict through dialogue".
39.4 The Minister also explains that (and apologises
for the fact that) due to the sensitive nature of the names in
question, and the need to mitigate the risk of asset flight and
avoid undermining the impact of the measures, he found himself
having to over-ride scrutiny.
39.5 The measures raise no questions in and of
themselves; it remains to be seen if they have the desired outcome.
39.6 In the meantime, we are drawing them to the
attention of the House because of the level of interest in the
situation in South Sudan.
39.7 We now clear the documents.
39.8 In the circumstances and on this occasion,
we do not object to the Minister having over-ridden scrutiny.
Full
details of the documents:
(a) Council Decision 2014/449/CFSP of 10 July 2014 concerning
restrictive measures in view of the situation in South Sudan:
(36217), —; (b) Council Regulation (EU) No. 748/2014 of
10 July 2014 concerning restrictive measures in respect of the
situation in South Sudan: (36218), —.
Background
39.9 In his Explanatory Memorandum of 22 July 2014,
Minister for Europe (Mr David Lidington) recalls that:
— the first EU arms embargo on
Sudan was imposed in 1994 by Council Decision 94/165/CFSP in response
to the civil war in the southern part of the country;
— in response to a renewed outbreak of
civil war in the Sudanese region of Darfur in 2003, the UN Security
Council imposed an arms embargo on Sudan on 30 July 2004, through
UN Security Council Resolution 1556;
— Council Common Position 2004/31/CFSP
and Council Regulation No. 131/2004 maintained and strengthened
the existing EU arms embargo imposed by Council Decision 94/165/CFSP,
in view of the ongoing civil war in Sudan at that time;
— on 9 July 2011, South Sudan became independent;
— accordingly, on 18 July 2011, the Council
adopted Decision 2011/423/CFSP concerning restrictive measures
against Sudan and South Sudan, extending the existing Sudan arms
embargo to also cover South Sudan; and
— on 24 November 2011, the Council adopted
Regulation (EU) No. 1215/2011 which extended the scope of application
of the arms embargo to South Sudan.
39.10 The Minister goes to say that the Council Decision
and Council Regulation:
— for the sake of clarity, seek to separate
the measures concerning South Sudan from previous measures concerning
Sudan, and integrate them into a single legal act;
— also introduce restrictions on travel
and the freezing of funds and economic resources of persons obstructing
the political process in South Sudan, including by acts of violence
or violations of ceasefire agreements, as well as persons responsible
for serious violations of human rights in South Sudan; and
— designate two individuals: Santino Deng
and Peter Gadet, who fulfil the designation criteria set out in
the Decision.
39.11 The Minister also explains that, due to the
sensitive nature of the names in question, the documents have
not until now been submitted for parliamentary scrutiny in order
to mitigate the risk of asset flight and avoid undermining the
impact of the measures. He apologises for this over-ride of scrutiny
in a separate letter of the same date.
The Government's view
39.12 The Minister comments as follows:
"Both sides in South Sudan's conflict have
failed to fully honour their commitments to cease hostilities
and engage in meaningful talks. Despite agreeing to cease hostilities
on 23 January 2014 and making further commitments on 9 May and
10 June, fighting continues and talks have stalled. International
unanimity and pressure, including through targeted sanctions,
will send a strong message to both sides about resolving the conflict
through dialogue. Peter Gadet is an opposition commander considered
responsible for a range of military operations in Jonglei, Unity
and Upper Nile States, and consequently associated with multiple
breaches of ceasefire agreements. Similarly, Santino Deng Wol
commands the third infantry division of the army and has led government
forces on military operations in Unity State in breach of ceasefire
agreements.
"The UK remains committed to targeted, legally
robust designations that will best support the aim of deterring
those who obstruct efforts to resolve the conflict in South Sudan
by impeding the peace process, violating ceasefire agreements
and perpetrating violence. We view sanctions as an important tool
in order to bring both sides to a negotiated political settlement.
If an individual or entity does not fulfil the criteria for designation
under the sanctions regime, that person or entity should not be
listed even if their actions might be considered distasteful or
unsavoury."
Previous Committee Reports
None.
163 See http://www.bbc.co.uk/news/world-africa-28209014.
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