Sec. 3. Sense of Congress
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It is the sense of Congress that— the international community should continue to support civilians, particularly women and children, who have been adversely affected by the civil war in South Sudan and should promote peace and reconciliation dialogues within local civil society; it is imperative that African countries and institutions, including the Intergovernmental Authority on Development, the Peace and Security Council of the African Union, and the African Union Commission, are united and firm in enforcing the terms of the Agreement on the Resolution of the Conflict in the Republic of South Sudan ( Peace Agreement ) signed on August 17, 2015, which came into effect on August 26, 2015; the United Nations Security Council should hold the Government of South Sudan accountable for— obstructing or constraining the operations of the United Nations Mission in the Republic of South Sudan (UNMISS), including by restricting the transportation of wounded United Nations peacekeepers; committing other repeated violations of the status of forces agreement with the United Nations signed on August 8, 2011; and inhibiting the free movement of members of the Ceasefire and Transitional Security Arrangements Monitoring Mechanism established by the Peace Agreement, who are tasked with monitoring and reporting violations of the Peace Agreement and verifying the demilitarization of Juba; the Government of South Sudan should— implement a permanent ceasefire as called for in the Peace Agreement; comply with its obligations under the status of forces agreement with the United Nations; bear the primary responsibility as a sovereign state to protect its citizens from gross human rights abuses and forced displacement perpetrated by the warring parties, including the Sudan People’s Liberation Army
(SPLA)and the Sudan People’s Liberation Army-In-Opposition (SPLA–IO); cooperate and support the work of the Joint Monitoring and Evaluation Commission established by the Peace Agreement; establish the Commission for Truth, Reconciliation, and Healing, the Hybrid Court for South Sudan, and the Compensation and Reparation Authority, as called for in the Peace Agreement; and adhere to the Communique of the 55th Extra-Ordinary Session of the IGAD Council of Ministers , issued by the Intergovernmental Authority on Development, which urges the parties, in the absence of an agreement on the creation of new states, to suspend further action on implementing the operationalization of new states until an inclusive, participatory National Boundary Commission … reviews proposed states and their boundaries ; any person who committed gross violations of human rights, war crimes, or crimes against humanity in the course of the hostilities, as documented in reports from credible domestic or international bodies, should be held accountable in transparent legal proceedings and should not be able to hold office or positions in the Government of South Sudan or as part of any power sharing agreement; given the culpability of the SPLA and the SPLA–IO in the July 2016 attacks in Juba, during which both parties used a variety of weapons (including battle tanks and helicopter gunships equipped with unguided rockets used by SPLA forces) in densely populated areas and in close proximity to United Nations compounds and civilian protection sites, the current transitional security arrangements should be reevaluated and revised to prioritize the demilitarization of Juba and to mitigate the risk of any future harm to civilians by security forces; the failure to impose an international arms embargo on South Sudan has resulted in the continued acquisition of arms and military equipment by both parties and the proliferation of weapons throughout the country, and in order to create conditions for the successful implementation of the Peace Agreement and to prevent further violence and human suffering, the United States should lead the international community, particularly allies such as Australia and the European Union, in immediately implementing an arms embargo to prevent the supply, sale, or transfer to any party to hostilities in South Sudan of arms, weapons, or related material (including non-lethal equipment intended, or altered by a third party, for military use); pursuant to United Nations Security Council Resolution 2206
(2015)and Executive Order 13664 ( 50 U.S.C. 1701 note), the United States should immediately impose targeted economic sanctions, travel limitations, and asset freezes on senior officials of the Government of South Sudan and officials throughout the chain of command, who have— neglected to abide by the terms of the Peace Agreement; violated the ceasefire; threatened the peace, security or stability of South Sudan; or failed to cause forces under their direct or indirect control to cease military operations, acts of violence, human rights violations or abuses, or violations of international humanitarian law; given the investment of United States resources in the success of South Sudan, including more than $1,700,000,000 in humanitarian assistance since December 2013, it is incumbent on the United States to take all necessary actions to help prevent further violence and restore a lasting political and social order in South Sudan; and the United States should complement the work of the United Nations High Commissioner for Refugees, the United Nations Office for the Coordination of Humanitarian Affairs, UNMISS, and other relevant international partners, to provide for the protection of civilians and assist displaced persons to return home and to provide information to communities in order for such displaced persons to make informed, safe, and voluntary decisions regarding their return.
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