66 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 (CFSP) 2015/740 of 7 May 2015 concerning restrictive measures in view of the situation in South Sudan and repealing Decision 2014/449/CFSP
(b) Council Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive measures in respect of the situation in South Sudan, and repealing Regulation (EU) No. 748/2014
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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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| Document numbers | (a) 36895,— (b) 36896,—
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Summary and Committee's conclusions
66.1 Last July, the BBC pithily summed 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."[ 478]
66.2 In 2014 a Council Decision and a Council Regulation
provided for the creation of a separate EU South Sudan sanctions
regime until 12 July 2015, separating them from previous measures
concerning Sudan, and integrating them into a single legal act.
The arms embargo first implemented in 1994 under the Sudan sanctions
regime, before South Sudan gained independence in 2011, was continued;
travel restrictions and the freezing of funds and economic resources
were introduced against 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 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.
66.3 On 3 March the United Nations Security Council
adopted Resolution (UNSCR) 2206 (2015) providing for an asset
freeze and travel ban for certain individuals who threaten the
peace, security and stability of South Sudan.
66.4 The Minister for Europe (Mr David Lidington)
explains that this new Council Decision and Regulation, in addition
to transposing the UNSCR, retain the arms embargo and the designation
of the two individuals which were agreed by the EU prior to the
adoption of Resolution 2206 (2015). The legislation also retains
the EU's capacity to designate individuals and entities separately
from the UN.
66.5 The Minister also explains that (and apologises
for the fact that) due to the fact that the draft documents were
received after the dissolution of parliament and the need for
the UN Security Council resolution to be incorporated into EU
law, he found himself having to over-ride scrutiny.
66.6 The measures raise no questions in and of
themselves; it remains to be seen if they have the desired outcome.
66.7 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.
66.8 We now clear the documents.
66.9 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 (CFSP) 2015/740 of 7 May 2015 concerning
restrictive measures in view of the situation in South Sudan and
repealing Decision 2014/449/CFSP: (36895),—; (b) Council
Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive
measures in respect of the situation in South Sudan, and repealing
Regulation (EU) No. 748/2014: (36896),—.
Background
66.10 In his Explanatory Memorandum of 22 July 2014,
Minister for Europe (Mr David Lidington) recalled 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.
66.11 The Minister went on to say that, at that time,
both sides had failed fully to honour their commitments to cease
hostilities and engage in meaningful talks. International unanimity
and pressure, including through targeted sanctions, would send
a strong message to both sides about resolving the conflict through
dialogue. Peter Gadet was 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 commanded
the third infantry division of the army and had led government
forces on military operations in Unity State in breach of ceasefire
agreements.
66.12 He highlighted the then Government's commitment
to such targeted, legally robust designations as an important
tool in order to bring both sides to a negotiated political settlement.
However, he noted, if an individual or entity did 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".[ 479]
66.13 On 11 May, the EU issued the following statement:
"The armed conflict in South Sudan has intensified
in recent days, exacerbated by a new military
offensive in Unity State. Concerned by the humanitarian consequences
of the fighting and the difficulties faced by relief organisations
on the ground, HRVP Mogherini and Commissioner Stylianides made
the following statement:
"South Sudan's man-made crisis has caused
one of the worst humanitarian disasters of recent years.
The renewed fighting in Unity State is a serious
breach of the Cessation of Hostilities Agreement, forcing thousands
of civilians to flee their homes. It is essential that all parties respect
the Cessation of Hostilities Agreement throughout the country
in order to spare the suffering of innocent civilians
and to facilitate the life-saving work of humanitarian organisations.
All parties have an obligation to protect and respect civilians
irrespective of their ethnic origin or political affiliation.
"There can be no military solution to this
conflict. Only a concerted effort by political leaders to reach
a negotiated solution will bring an end to the suffering of the
people of South Sudan and enable them to live in peace and allow
the country to resume its development. Responsibility for this
rests on the shoulders of those leaders. If they fail to make
the necessary effort for peace, they will inevitably be held responsible
also for the consequences."[ 480]
The Minister's Explanatory Memorandum of 29 May
2015
66.14 In his Explanatory Memorandum, the Minister
says:
— on
3 March 2015, the UN Security Council adopted Security Council
Resolution (UNSCR) 2206 (2015) providing a framework for sanctions
including a travel ban and asset freeze measures for use against
certain persons responsible for, complicit in or having engaged
in, directly or indirectly, actions or policies that threaten
the peace, security or stability of South Sudan;
— currently there are no UN designations,
but the resolution provides the UN Security Council with the means
to apply sanctions against individuals who meet the designation
criteria, in support of resolving the conflict in South Sudan;
— the Council Decision and Regulation being
submitted for Parliamentary scrutiny integrate the sanctions measures
provided for by UNSCR 2206 (2015) as well as the measures previously
imposed by the EU through Decision 2014/449/CFSP and Regulation
(EU) No. 748/2014, combining them into single legal instruments;
and
— the legislation retains the arms embargo
and the designation of two individuals as previously agreed by
the EU.
66.15 The Minister notes that UNSCR 2206 (2015) sets
out the UN's serious concern regarding the conflict between Government
and Opposition forces which began in December 2013, and which
has resulted in human suffering, loss of life and the displacement
of 2 million people (including more than 1.5 million internally
displaced people and 500,000 refugees).
66.16 He goes on to explain that the resolution supports
the Intergovernmental Authority on Development (IGAD), which has
mediated peace talks in order to resolve the conflict; and further
states the Security Council's expectation that all parties will
participate meaningfully in the peace process, respecting the
commitments reached during IGAD negotiations.
66.17 The Minister continues as follows:
"a fundamental IGAD commitment was the Cessation
of Hostilities (CoH) Agreement signed by both the Government of
the Republic of South Sudan and the Sudan's People Liberation
Movement (SPLM) in January 2014. Both parties have, however, failed
to honour their commitments and have not engaged in the peace
process meaningfully in support of bringing an end to the conflict.
Breaches of the CoH Agreement is one of the criteria for designation
under the UN sanctions regime."
The Government's view
66.18 The Minister says:
"There can be no military solution to this conflict.
Lasting peace and reconciliation rests on the concerted effort
by political leaders to reach a negotiated solution through peaceful
dialogue and action. The UN's ability to impose sanctions will
send an important signal that those who have breached the Cessation
of Hostilities Agreement face consequences and that the Security
Council is prepared to act against those that undermine the peace,
stability and security of South Sudan.
"The UK voted in favour of the Resolution 2206
(2015) supporting the UN framework for the use of targeted sanctions
to coerce both sides into agreeing lasting peace in South Sudan. The
UK therefore agreed to the adoption of the EU Council Decision
and Regulation which implements these provisions into EU and national
law. The UK will continue to work closely with the Republic of
South Sudan government, as well as United Nations and African
Union members, on a wide range of issues which support international
peace and stability efforts in South Sudan. This covers the political,
security, economic, humanitarian and human rights challenges in
South Sudan as well as negotiations between Sudan and South Sudan."
66.19 In a separate letter of the same date, the
Minister says:
"The draft Council Decision and Regulation were
received by my officials on 13 April. An amended version of the
Council Regulation was then received later on 24 April. The documents
were then agreed in Brussels on 27 April and formally adopted
on 7 May 2015. I therefore did not receive the draft copies in
time to pass through the normal scrutiny process before the dissolution
of parliament. The Committee will be aware of the need to implement
UN restrictive measures promptly. I therefore regret that I found
myself in the position of having to agree to the adoption of these
Council documents before your Committee will have an opportunity
to scrutinise them."
Previous Committee Reports
None, but see (36217), — and (36218), —:
Ninth Report HC 219-ix (2014-15), chapter 39 (3 September
2014).
478 See http://www.bbc.co.uk/news/world-africa-28209014.
Back
479 See (36217), - and (36218), -: Ninth Report HC 219-ix (2014-15),
chapter 39 (3 September 2014) for full details. Back
480 See statement. Back
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