GENERAL REVIEW OF THE LEGAL ACTIVITIES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS
A. General review of the legal activities of the United Nations
Membership of the United Nations
As of 31 December 2011, the number of Member States of the United Nations was 193. The Republic of South Sudan was admitted as a new Member State by General Assembly resolution 65/308 of 14 July 2011.1
Peace and Security
(a) Peacekeeping missions and operations
(i) Peacekeeping missions and operations established in 2011
The United Nations Interim Security Force for Abyei (UNISFA) was established for a period of six months by the Security Council in resolution 1990 (2011) of 27 June 2011.2
The Council, inter alia, decided that UNISFA should be comprised of a maximum of 4,200 military personnel, 50 police personnel, and appropriate civilian support, and that UNISFA should have the following mandate:
(a) Monitor and verify the redeployment of any Sudan Armed Forces, Sudan People’s Liberation Army or its successor, from the Abyei Area as defined by the Permanent Court of Arbitration; henceforth, the Abyei Area shall be demilitarized from any forces other than UNISFA and the Abyei Police Service;
(b) Participate in relevant Abyei Area bodies as stipulated in the Agreement;
(c) Provide, in cooperation with other international partners in the mine action sector, de-mining assistance and technical advice;
1 As recommended by the Security Council in resolution 1999 (2001) of 13 July 2001. See A/65/905.
2 For more information about UNISFA, see the UNISFA website at http://www.un.org/en/peace-keeping/missions/unisfa/ and Reports of the Secretary-General on the situation in Abyei in documents S/2011/451, S/2011/603 and S/2011/741.
(d) Facilitate the delivery of humanitarian aid and the free movement of humanitarian personnel in coordination with relevant Abyei Area bodies as defined by the Agreement;
(e) Strengthen the capacity of the Abyei Police Service by providing support, including the training of personnel, and coordinate with the Abyei Police Service on matters of law and order; and
(f) When necessary and in cooperation with the Abyei Police Service, provide security for oil infrastructure in the Abyei Area.
Furthermore, the Security Council, acting under Chapter VII of the Charter, authorized UNISFA within its capabilities and its area of deployment to take the necessary actions to:
(a) protect UNISFA personnel, facilities, installations, and equipment;
(b) protect United Nations personnel, facilities, installations, and equipment;
(c) ensure the security and freedom of movement of United Nations personnel, humanitarian personnel and members of the Joint Military Observers Committee and Joint Military Observer Teams;
(d) without prejudice to the responsibilities of the relevant authorities, to protect civilians in the Abyei Area under imminent threat of physical violence;
(e) protect the Abyei Area from incursions by unauthorized elements, as defined in the Agreement; and
(f) ensure security in the Abyei Area.
In a letter dated 23 June 2011 from the Secretary-General addressed to the President of the Security Council,3 the Secretary-General transmitted to the Council the Agreement between the Government of the Republic of Sudan and the Sudan People’s Liberation Movement on temporary arrangements for the administration and security of the Abyei Area, signed in Addis Ababa on 20 June 2011.4
In a letter dated 27 July 2011 from the Secretary-General addressed to the President of the Security Council,5 the Secretary-General informed the Council of his intention to appoint Mr. Haile Menkerios from South Africa as his Special Envoy for the Sudan and South Sudan, as of 1 August 2011.
In a letter dated 5 August 2011 from the Secretary-General addressed to the President of the Security-Council,6 the Secretary-General informed the Council of his intention to request UNISFA to undertake a reconnaissance mission along the border between the Sudan and South Sudan as soon as possible. The Agreement on the Border Monitoring Support Mission between the Government of the Sudan and the Government of South Sudan, signed on 30 July 2011, was annexed to the letter.
4 Annexed to letter dated 23 June 2011 from the Secretary-General addressed to the President of the Security Council (S/2011/384).
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In a letter dated 10 October 2011 from the Secretary-General addressed to the President of the Security Council,7 the Secretary-General, in accordance with paragraphs 25 to 28 of his report of 29 September 2011 on the situation in Abyei,8 informed the Security Council that a preliminary assessment of the financial implications showed that the first year of full operations for support to the border mechanism would cost approximately $35.6 million. The Secretary-General indicated that should the Council decide to approve the proposed amendment of the mandate, a request for additional funding would be presented to the General Assembly for its consideration. Such a proposal would be prepared with regard to an appropriate funding period, a projected deployment timeline for personnel and equipment and a detailed assessment of operating conditions. The Security Council adopted resolution 2024 (2011) on 14 December 2011. In that resolution, the Council decided that, in addition to the tasks set out in paragraph 2 of resolution 1990 (2011), UNISFA’s mandate would include the following additional tasks in support of the Joint Border Verification and Monitoring Mechanism (JBVMM); those additional tasks would be carried out by UNISFA within its authorized capabilities and within an expanded operational area to include the Safe Demilitarized Border Zone, JBVMM headquarters, sector headquarters and team sites:
(a) Assist the parties in ensuring the observance within the Safe Demilitarized Border Zone of the security commitments agreed upon by them in the above-mentioned 29 June and 30 July Agreements;
(b) Support the operational activities of the JBVMM, including its sectors and teams, in undertaking verifications, investigations, monitoring, arbitrations, liaison coordinating, reporting, information exchange, patrols, and by providing security as appropriate;
(c) Assist and advise the JBVMM in its overall coordination of planning monitoring and verification of the implementation of the Joint Position Paper on Border Security of 30 May 2011;
(d) Assist the JBVMM to maintain the necessary chart, geographical and mapping references, which shall be used for the purpose of monitoring the implementation of paragraph 2 of the Agreement on Border Security and the Joint Political and Security Mechanism of 29 June 2011;
(e) Facilitate liaison between the parties;
(f) Support the parties, when requested, in developing effective bilateral management mechanisms along the border;
(g) Assist in building mutual trust.
In resolution 2032 (2011), the Council decided to extend, for a period of 5 months, the mandate of the United Nations Interim Security Force for Abyei (UNISFA) as set out in paragraph 2 of resolution 1990 (2011) and modified by resolution 2024 (2011), and acting under Chapter VII of the Charter of the United Nations, the tasks set out in paragraph 3 of resolution 1990.
b. Republic of South Sudan
In resolution 1996 (2011) of 8 July 2011, the Security Council, acting under Chapter VII of the Charter, inter alia, decided to establish the United Nations Mission in the Republic of South Sudan (UNMISS)9 for an initial period of one year with the intention to renew for further periods as may be required and that UNMISS should consist of up to 7,000 military personnel and up to 900 civilian police personnel. The Council further decided to review in three and six months whether the conditions on the ground could allow a reduction of military personnel to a level of 6,000.
In the same resolution, the Council welcomed the appointment by the Secretary-General of his Special Representative for the Republic of South Sudan, and decided that the mandate of UNMISS should be to consolidate peace and security, and to help establish the conditions for development in the Republic of South Sudan, with a view to strengthening the capacity of the Government of the Republic of South Sudan to govern effectively and democratically and establish good relations with its neighbours, and accordingly authorized UNMISS to perform the following tasks:
(a) Support for peace consolidation and thereby fostering longer-term statebuilding and economic development, through:
(i) Providing good offices, advice, and support to the Government of the Republic of South Sudan on political transition, governance, and establishment of state authority, including formulation of national policies in this regard;
(ii) Promoting popular participation in political processes, including through advising and supporting the Government of the Republic of South Sudan on an inclusive constitutional process; the holding of elections in accordance with the constitution; promoting the establishment of an independent media; and ensuring the participation of women in decision-making forums;
(b) Support the Government of the Republic of South Sudan in exercising its responsibilities for conflict prevention, mitigation, and resolution and protect civilians through:
(i) Exercising good offices, confidence-building, and facilitation at the national, state, and county levels within capabilities to anticipate, prevent, mitigate, and resolve conflict;
(ii) Establishment and implementation of a mission-wide early warning capacity, with an integrated approach to information gathering, monitoring, verification, early warning and dissemination, and follow-up mechanisms;
(iii) Monitoring, investigating, verifying, and reporting regularly on human rights and potential threats against the civilian population as well as actual...