![]() | Press Release SC/7630 |
RESOLUTIONS AND STATEMENTS
OF THE SECURITY COUNCIL
2002
CONTENTS
Chronology of 2002 Security Council Resolutions
Chronology of 2002 Security Council Presidential Statements
Security Council Presidency 2002, Security Council Members 2002
Security Council Presidential Statements
Peacekeeping Operations Subject to Security Council Action in 2002
CHRONOLOGY OF SECURITY COUNCIL RESOLUTIONS
S/RES/1387 Extension of UN Mission of Observers in Prevlaka
S/RES/1388 Lifting of restrictions on Afghan airline
S/RES/1389 Security tasks for UN Sierra Leone Mission in May elections
S/RES/1390 Continuation of sanctions against Usama bin Laden
S/RES/1391 Extension of UN Interim Force in Lebanon
S/RES/1392 Extension of UN Transitional Administration in East Timor
S/RES/1393 Extension of UN Observer Mission in Georgia
S/RES/1394 Extension of UN Mission for the Referendum in Western Sahara
S/RES/1395 Re-establishment of Liberia sanctions panel
S/RES/1396 Welcoming of EU police mission offer in Bosnia and Herzegovina
S/RES/1397 Demand for cessation of Middle East violence
S/RES/1398 Extension of UN Mission in Ethiopia and Eritrea
S/RES/1399 Condemnation of resumed fighting in Democratic Republic of the Congo
S/RES/1400 Extension of UN Mission in Sierra Leone
S/RES/1401 Establishment of UN Assistance Mission in Afghanistan
S/RES/1402 Call for Middle East ceasefire
S/RES/1403 Demand for implementation of resolution 1402
S/RES/1404 Extension of Angola sanctions monitoring mechanism
S/RES/1405 Welcomes fact-finding team on Jenin refugee camp
S/RES/1406 Extension of UN Mission for the Referendum in Western Sahara
S/RES/1407 Assessment team for panel to investigate Somalia arms embargo violations
S/RES/1408 Extension of Liberia sanctions
S/RES/1409 Extension of “oil-for food” programme, approval of revised sanctions
S/RES/1410 Establishment of UN Mission of Support in East Timor
S/RES/1411 Amendment of statutes of international tribunals
S/RES/1412 Suspension of travel restrictions for UNITA officials
S/RES/1413 Extension of Afghanistan Security Force
S/RES/1414 Admission of East Timor
S/RES/1415 Extension of UN Disengagement Observer Force
S/RES/1416 Extension of UN Peacekeeping Force in Cyprus
S/RES/1417 Extension of UN Organization Mission in Democratic Republic of Congo
S/RES/1418 Extension of UN Mission in Bosnia and Herzegovina
S/RES/1419 Commendation of Afghan people on successful emergency meeting
S/RES/1420 Extension of UN Mission in Bosnia and Herzegovina
S/RES/1421 Extension of UN Mission in Bosnia and Herzegovina
S/RES/1422 Limiting jurisdiction of International Criminal Court
S/RES/1423 Extension of UN Mission in Bosnia and Herzegovina
S/RES/1424 Extension of UN Mission of Observers in Prevlaka
S/RES/1425 Recommendation of panel to study Somalia arms embargo violations
S/RES/1426 Admission of Switzerland
S/RES/1427 Extension of UN Observer Mission in Georgia
S/RES/1428 Extension of UN Interim Force in Lebanon
S/RES/1429 Extension of UN Mission for the Referendum in Western Sahara
S/RES/1430 Adjustment of United Nations Mission in Ethiopia and Eritrea mandate
S/RES/1431 Establishment of ad litem judge pool for Rwanda Tribunal
S/RES/1432 Extension of suspension on travel restrictions for UNITA officials
S/RES/1433 Establishment of UN Mission in Angola
S/RES/1434 Extension of UN Mission in Ethiopia and Eritrea
S/RES/1435 Demand for halt to Israeli measures in Ramallah
S/RES/1436 Extension of UN Mission in Sierra Leone
S/RES/1437 Extension of UN Mission of Observers in Prevlaka
S/RES/1438 Condemnation of bomb attacks in Bali, Indonesia
S/RES/1439 Lifting of travel ban on UNITA officials
S/RES/1440 Condemnation of Moscow hostage-taking
S/RES/1441 Iraqi material breach of disarmament obligations
S/RES/1442 Extension of UN Peacekeeping Force in Cyprus
S/RES/1443 Extension of “oil-for-food” programme
S/RES/1444 Extension of Afghanistan Security Force
S/RES/1445 Expansion of troop level in Democratic Republic of the Congo
S/RES/1446 Extension of prohibition of import of Sierra Leone rough diamonds
S/RES/1447 Extension of “oil-for-food” programme
S/RES/1448 End of sanctions on UNITA
S/RES/1449 Rwanda Tribunal nominees
S/RES/1450 Condemnation of terrorist attack in Kenya
S/RES/1451 Extension of UN Disengagement Observer Force
S/RES/1452 Adjustment of provisions for Taliban, Al Qaeda funds
S/RES/1453 Endorsement of Kabul declaration
S/RES/1454 Adjustment of “oil-for-food” procedures, restrictions
CHRONOLOGY OF SECURITY COUNCIL PRESIDENTIAL STATEMENTS
S/PRST/2002/1 Call for confidence-building between Ethiopia, Eritrea
S/PRST/2002/2 Conflict prevention, peacekeeping cooperation in Africa
S/PRST/2002/3 Support for Burundi Transitional Government
S/PRST/2002/4 Support for special representative for Kosovo
S/PRST/2002/5 Withdrawal of foreign troops from Democratic Republic of the Congo
S/PRST/2002/6 Objectives for protecting civilians in armed conflict
S/PRST/2002/7 Angolan Government intention to cease offensives
S/PRST/2002/8 Working mission to Somalia
S/PRST/2002/9 Support for joint statement on Middle East
S/PRST/2002/10 Support for Counter-Terrorism Committee
S/PRST/2002/11 Progress in Kosovo
S/PRST/2002/12 Children in armed conflict
S/PRST/2002/13 East Timor independence
S/PRST/2002/14 Sierra Leone elections
S/PRST/2002/15 Admission of East Timor
S/PRST/2002/16 Territorial integrity of Kosovo
S/PRST/2002/17 Killings in Kisangani, Democratic Republic of the Congo
S/PRST/2002/18 Extension of UN Disengagement Observer Force
S/PRST/2002/19 Intimidation, anti-UN statements in Democratic Republic of the Congo
S/PRST/2002/20 Support for Quartet statement on Middle East
S/PRST/2002/21 Transfer of former Yugoslavia tribunal cases to national courts
S/PRST/2002/22 Perpetrators of Kisangani massacres
S/PRST/2002/23 Admission of Switzerland
S/PRST/2002/24 Support for Democratic Republic of the Congo agreement
S/PRST/2002/25 Anniversary of 11 September attacks on United States
S/PRST/2002/26 Continuation of Counter-Terrorism Committee
S/PRST/2002/27 Call for halt to hostilities in Democratic Republic of the Congo
S/PRST/2002/28 Cooperation between Chad, Central African Republic
S/PRST/2002/29 Voter participation in Kosovo municipal elections
S/PRST/2002/30 Limitation on illicit small arms trade
S/PRST/2002/31 Stronger partnership between UN, Central African States
S/PRST/2002/32 Role of women in peacekeeping, post-conflict situations
S/PRST/2002/33 Conclusion of Bosnia and Herzegovina mission
S/PRST/2002/34 Agreement between Croatia, Yugoslavia on Prevlaka Peninsula
S/PRST/2002/35 Cessation of hostilities in Somalia
S/PRST/2002/36 Lack of compliance with arms embargo in Liberia
S/PRST/2002/37 Extension of UN Disengagement Observer Force
S/PRST/2002/38 Counter-Terrorism Committee relations with similar organizations
S/PRST/2002/39 Cooperation with Yugoslavia, Rwanda tribunals
S/PRST/2002/40 Ceasefire in Burundi
S/PRST/2002/41 Condemnation of violence against civilians
S/PRST/2002/42 Condemnation of attempted overthrow in Côte d’Ivoire
Presidents of the Security Councilin 2002:
January Mauritius
February Mexico
March Norway
April Russian Federation
May Singapore
June Syria
July United Kingdom
August United States
September Bulgaria
October Cameroon
November China
December Colombia
Security CouncilMembers in 2002:
Bulgaria, Cameroon, China, Colombia, France, Guinea, Ireland, Mauritius, Mexico, Norway, Russian Federation, Singapore, Syria, United Kingdom, United States.
RESOLUTIONS ADOPTED BY THE SECURITY COUNCIL IN 2002
S/RES/1387 Extension of UNMission of Observers in Prevlaka
Date: 15 January 2002 Meeting: 4448
Vote: Unanimous
The Security Council,
Recalling all its earlier relevant resolutions, including resolutions 779 (1992) of 6 October 1992, 981 (1995) of 31 March 1995, 1088 (1996) of 12 December 1996, 1147 (1998) of 13 January 1998, 1183 (1998) of 15 July 1998, 1222 (1999) of 15 January 1999, 1252 (1999) of 15 July 1999, 1285 (2000) of 13 January 2000, 1307 (2000) of 13 July 2000, 1335 (2001) of 12 January 2001, 1357 (2001) of 21 June 2001 and 1362 (2001) of 11 July 2001,
Having considered the report of the Secretary-General of 2 January 2002 (S/2002/1) on the United Nations Mission of Observers in Prevlaka (UNMOP),
Recalling also the letters to its President from the Chargé d’affaires a.i. of the Permanent Mission of Yugoslavia of 28 December 2001 (S/2001/1301) and from the Permanent Representative of Croatia of 7 January 2002 (S/2002/29), concerning the disputed area of Prevlaka,
Reaffirming once again its commitment to the independence, sovereignty and territorial integrity of the Republic of Croatia within its internationally recognized borders,
Noting once again the Joint Declaration signed at Geneva on 30 September 1992 by the Presidents of the Republic of Croatia and the Federal Republic of Yugoslavia, in particular articles 1 and 3 thereof the latter reaffirming their agreement concerning the demilitarization of the Prevlaka peninsula, and the Agreement on Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia of 23 August 1996 (S/1996/706, annex),
Noting with satisfaction that the overall situation in the UNMOP area of responsibility has remained stable and calm, and encouraged by the agreement of both sides to establish an interstate Border Commission,
Commending the role played by UNMOP, and noting also that the presence of the United Nations military observers continues to be important in maintaining conditions that are conducive to a negotiated settlement of the disputed issue of Prevlaka,
Recalling the relevant principles contained in the Convention on the Safety of the United Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President of 10 February 2000 (S/PRST/2000/4),
1. Authorizes the United Nations military observers to continue monitoring the demilitarization of the Prevlaka peninsula, in accordance with resolutions 779 (1992) and 981 (1995) and paragraphs 19 and 20 of the report of the Secretary-General of 13 December 1995 (S/1995/1028), until 15 July 2002, and requests the Secretary-General to continue to report to the Council where appropriate;
2. Reiterates its calls upon the parties to cease all violations of the demilitarized regime in the United Nations designated zones, to cooperate fully with the United Nations military observers and to ensure their safety and full and unrestricted freedom of movement;
3. Welcomes continuing progress in the normalization of relations between the Governments of the Republic of Croatia and the Federal Republic of Yugoslavia and the establishment of an interstate Border Commission,
and urges the parties to accelerate efforts towards a negotiated settlement on the disputed issue of Prevlaka in accordance with article 4 of the Agreement on Normalization of Relations;
4. Encourages the parties to consider all confidence-building measures, including the options provided to them pursuant to resolution 1252 (1999), that could help facilitate a solution to the disputed issue of Prevlaka;
5. Requests the parties to continue to report at least bimonthly to the Secretary-General on the status of their bilateral negotiations and on progress in beginning the work of the interstate Border Commission;
6. Requests the United Nations military observers and the multinational stabilization force authorized by the Council in resolution 1088 (1996) of 12 December 1996 and extended by resolution 1357 (2001) of 21 June 2001 to cooperate fully with each other;
7. Decides to remain seized of the matter.
S/RES/1388 Lifting of restrictions on Afghan airline
Date: 15 January 2002 Meeting: 4449
Vote: Unanimous
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999 and 1333 (2000) of 19 December 2000,
Noting that Ariana Afghan Airlines is no longer owned, leased or operated by or on behalf of the Taliban, nor are its funds and other financial resources owned or controlled, directly or indirectly, by the Taliban,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of paragraph 4 (a) and (b) of resolution 1267 (1999) do not apply to Ariana Afghan Airlines aircraft or Ariana Afghan Airlines funds and other financial resources;
2. Decides to terminate the measure provided for by paragraph 8 (b) of resolution 1333 (2000);
3. Decides to remain actively seized of the matter.
S/RES/1389 Security tasks for UN Sierra Leone Mission in May elections
Date: 16 January 2002 Meeting: 4451
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and the statements of its President concerning the situation in Sierra Leone,
Affirming the commitment of all States to respect the sovereignty, political independence and territorial integrity of Sierra Leone,
Welcoming the significant progress made in the peace process in Sierra Leone, determining that the situation in Sierra Leone continues to constitute a threat to international peace and security in the region, and calling for the further consolidation and advancement of the peace process,
Welcoming the official completion of the disarmament process, calling for the continuation of efforts to collect arms remaining in the hands of the civilian population, including ex-combatants, and urging the international community to provide adequate resources for the reintegration programme,
Emphasizing the importance of free, fair, transparent and inclusive elections for the long-term stability of Sierra Leone, and, in this regard, stressing the importance of all political parties having the freedom to campaign and having unrestricted access to the media,
Welcoming the progress made by the Government of Sierra Leone and the National Electoral Commission of Sierra Leone in preparing for elections, with the assistance of the United Nations Mission in Sierra Leone (UNAMSIL), and encouraging further efforts, particularly by the National Electoral Commission, in this regard,
Stressing the primary responsibility of the Sierra Leone Police for the maintenance of law and order,
Having considered the report of the Secretary-General of 13 December 2001 (S/2001/1195), and taking note of the request by the National Electoral Commission of Sierra Leone to the United Nations to provide support for the elections,
1. Decides that, further to paragraph 8 (i) of resolution 1270 (1999) of 22 October 1999, in order to facilitate the smooth holding of elections, UNAMSIL shall undertake election-related tasks within the parameters set out in paragraphs 48 to 62 of the Secretary-General’s report of 13 December 2001 (S/2001/1195), within its existing mandate, capabilities and areas of deployment and in the light of conditions on the ground, and decides that these tasks shall include:
(a) Assisting with logistic support to the National Electoral Commission for the transport of electoral materials and personnel, including the use of the air assets of UNAMSIL to reach areas inaccessible by road, the storage and distribution of election materials prior to the elections, the movement of ballot papers after the elections, logistic assistance to international election observers, and the use of the civilian communications facilities of UNAMSIL in the provinces;
(b) Facilitating the free movement of people, goods and humanitarian assistance throughout the country;
(c) The provision of wider security and deterrence, through its presence and within the framework of its mandate, throughout the period of preparation for the elections, the polling period itself, and the period immediately after the announcement of the election results, and, exceptionally, being prepared to respond to situations of public disorder, with the Sierra Leone police taking the lead, especially in the vicinity of polling stations and the locations of other related activities;
2. Reiterates its authorization to UNAMSIL, under Chapter VII of the Charter of the United Nations, as provided for in resolution 1270 (1999) of 22 October 1999 and resolution 1289 (2000) of 7 February 2000, to take the necessary action to fulfil the tasks set out in paragraphs 1 (b) and 1 (c) above, and reaffirms that, in the discharge of its mandate, UNAMSIL may take the necessary action to ensure the security and freedom of movement of its personnel and, within its capabilities and areas of deployment, to afford protection to civilians under imminent threat of physical violence, taking into account the responsibilities of the Government of Sierra Leone, including the Sierra Leone Police;
3. Authorizes the increase in the United Nations civilian police proposed by the Secretary-General in his report of 13 December 2001 (S/2001/1195), encourages the Secretary-General to request a further increase if appropriate, and endorses the Secretary-General’s recommendation that the United Nations civilian police should perform the following tasks:
(a) To advise and support the Sierra Leone Police in carrying out their election-related responsibilities;
(b) To assist the Sierra Leone Police to devise and implement an electoral training programme for their personnel, focused mainly on establishing security for public events, human rights and police conduct;
4. Welcomes the interim establishment of an electoral component in UNAMSIL aimed at strengthening UNAMSIL’s contribution to facilitating, in particular, the coordination of electoral activities between the National Electoral Commission, the Government of Sierra Leone and other national and international stakeholders;
5. Welcomes the intention of UNAMSIL, as indicated in the Secretary-General’s report of 13 December 2001 (S/2001/1195), to establish in each electoral region a UNAMSIL electoral office from which to monitor the electoral process, and to provide, within available resources, assistance to international election observers;
6. Notes with appreciation the ongoing support provided by the Public Information Section of UNAMSIL to the National Electoral Commission in designing and implementing a civic education and public information strategy, and encourages UNAMSIL to continue these efforts;
7. Underlines the responsibility of the Government of Sierra Leone and the National Electoral Commission for the holding of free and fair elections and encourages the international community to provide generous support and assistance to that end;
8. Decides to remain actively seized of the matter.
S/RES/1390 Continuation of sanctions against Usama bin Laden
Date: 16 January 2002 Meeting: 4452
Vote: Unanimous
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000 and 1363 (2001) of 30 July 2001,
Reaffirming its previous resolutions on Afghanistan, in particular resolutions 1378 (2001) of 14 November 2001 and 1383 (2001) of 6 December 2001,
Reaffirming also its resolutions 1368 (2001) of 12 September 2001 and 1373 (2001) of 28 September 2001, and reiterating its support for international efforts to root out terrorism, in accordance with the Charter of the United Nations,
Reaffirming its unequivocal condemnation of the terrorist attacks which took place in New York, Washington and Pennsylvania on 11 September 2001, expressing its determination to prevent all such acts, noting the continued activities of Usama bin Laden and the Al-Qaida network in supporting international terrorism, and expressing its determination to root out this network,
Noting the indictments of Usama bin Laden and his associates by the United States of America for, inter alia, the 7 August 1998 bombings of the United States embassies in Nairobi, Kenya and Dar es Salaam, Tanzania,
Determining that the Taliban have failed to respond to the demands in paragraph 13 of resolution 1214 (1998) of 8 December 1998, paragraph 2 of resolution 1267 (1999) and paragraphs 1, 2 and 3 of resolution 1333 (2000),
Condemning the Taliban for allowing Afghanistan to be used as a base for terrorists training and activities, including the export of terrorism by the Al-Qaida network and other terrorist groups as well as for using foreign mercenaries in hostile actions in the territory of Afghanistan,
Condemning the Al-Qaida network and other associated terrorist groups, for the multiple criminal, terrorist acts, aimed at causing the deaths of numerous innocent civilians, and the destruction of property,
Reaffirming further that acts of international terrorism constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to continue the measures imposed by paragraph 8 (c) of resolution 1333 (2000) and takes note of the continued application of the measures imposed by paragraph 4 (b) of resolution 1267 (1999), in accordance with paragraph 2 below, and decides to terminate the measures imposed in paragraph 4 (a) of resolution 1267 (1999);
2. Decides that all States shall take the following measures with respect to Usama bin Laden, members of the Al-Qaida organization and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) to be updated regularly by the Committee established pursuant to resolution 1267 (1999) hereinafter referred to as “the Committee”;
(a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled, directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economicresources are made available, directly or indirectly, for such persons’ benefit, by their nationals or by any persons within their territory;
(b) Prevent the entry into or the transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry into or require the departure from its territories of its own nationals and thisparagraphshall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case by case basis only that entry or transit is justified;
(c) Prevent the direct or indirect supply, sale and transfer, to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities;
3. Decides that the measures referred to in paragraphs 1 and 2 above will be reviewed in 12 months and that at the end of this period the Council will either allow these measures to continue or decide to improve them, in keeping with the principles and purposes of this resolution;
4. Recalls the obligation placed upon all Member States to implement in full resolution 1373 (2001), including with regard to any member of the Taliban and the Al-Qaida organization, and any individuals, groups, undertakings and entities associated with the Taliban and the Al-Qaida organization, who have participated in the financing, planning, facilitating and preparation or perpetration of terrorist acts or in supporting terrorist acts;
5. Requests the Committee to undertake the following tasks and to report on its work to the Council with its observations and recommendations;
(a) to update regularly the list referred to in paragraph 2 above, on the basis of relevant information provided by Member States and regional organizations;
(b) to seek from all States information regarding the action taken by them to implement effectively the measures referred to in paragraph 2 above, and thereafter to request from them whatever further information the Committee may consider necessary;
(c) to make periodic reports to the Council on information submitted to the Committee regarding the implementation of this resolution;
(d) to promulgate expeditiously such guidelines and criteria as may be necessary to facilitate the implementation of the measures referred to in paragraph 2 above;
(e) to make information it considers relevant, including the list referred to in paragraph 2 above, publicly available through appropriate media;
(f) to cooperate with other relevant Security Council Sanctions Committees and with the Committee established pursuant toparagraph 6 of its resolution 1373 (2001);
6. Requests all States to report to the Committee, no later than 90 days fromthe date of adoption of this resolution and thereafter according to a timetable to be proposed by the Committee, on the steps they have taken to implement the measures referred to in paragraph 2 above;
7. Urges all States, relevant United Nations bodies, and, as appropriate, other organizations and interested parties to cooperate fully with the Committee and with the Monitoring Group referred to in paragraph 9 below;
8. Urges all States to take immediate steps to enforce and strengthen through legislative enactments or administrative measures, where appropriate, the measures imposed under domestic laws or regulations against their nationals and other individuals or entities operating on their territory, to prevent and punish violations of the measures referred to in paragraph 2 of this resolution, and to inform the Committee of the adoption of such measures, and invites States to report the results of all related investigations or enforcement actions to the Committee unless to do so would compromise the investigation or enforcement actions;
9. Requests the Secretary-General to assign the Monitoring Group established pursuant to paragraph 4 (a) of resolution 1363 (2001), whose mandate expires on 19 January 2002, to monitor, for a period of 12 months, the implementation of the measures referred to in paragraph 2 of this resolution;
10. Requests the Monitoring Group to report to the Committee by 31 March 2002 and thereafter every 4 months;
11. Decides to remain actively seized of the matter.
S/RES/1391 Extension of UNInterim Force in Lebanon
Date: 28 January 2002 Meeting: 4455
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978) and 426 (1978) of 19 March 1978, 1310 (2000) of 27 July 2000, 1337 (2001) of 30 January 2001 and 1365 (2001) of 31 July 2001, as well as the statements of its President on the situation in Lebanon, in particular the statement of 18 June 2000 (S/PRST/2000/21),
Recalling further the letter from its President to the Secretary-General of 18 May 2001 (S/2001/500),
Recalling also the Secretary-General’s conclusion that, as of 16 June 2000, Israel had withdrawn its forces from Lebanon in accordance with resolution 425 (1978) and met the requirements defined in the Secretary-General’s report of 22 May 2000 (S/2000/460), as well as the Secretary-General’s conclusion that the United Nations Interim Force in Lebanon (UNIFIL) had essentially completed two of the three parts of its mandate, focusing now on the remaining task of restoring international peace and security,
Emphasizing the interim nature of UNIFIL,
Recalling its resolution 1308 (2000) of 17 July 2000,
Recalling further the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Responding to the request of the Government of Lebanon, as stated in the letter from its Permanent Representative to the United Nations of 9 January 2002 to the Secretary-General (S/2002/40),
1. Welcomes the report of the Secretary-General on UNIFIL of 16 January 2002 (S/2002/55), and endorses his observations and recommendations;
2. Decides to extend the present mandate of UNIFIL, as recommended by the Secretary-General, for a further period of six months, until 31 July 2002;
3. Requests the Secretary-General to continue to take the necessary measures to implement the reconfiguration of UNIFIL as outlined in his recent report and in accordance with the letter of the President of the Security Council of 18 May 2001, in the light of developments on the ground and in consultation with the Government of Lebanon and the troop-contributing countries;
4. Reiterates its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized boundaries;
5. Calls on the Government of Lebanon to continue to take steps to ensure the return of its effective authority throughout the south, including the deployment of Lebanese armed forces;
6. Calls on the parties to ensure UNIFIL is accorded full freedom of movement in the discharge of its mandate throughout its area of operation;
7. Encourages the Government of Lebanon to ensure a calm environment throughout the south;
8. Reiterates its call on the parties to continue to fulfil the commitments they have given to respect fully the withdrawal line identified by the United Nations, as set out in the Secretary-General’s report of 16 June 2000 (S/2000/590), to exercise utmost restraint and to cooperate fully with the United Nations and UNIFIL;
9. Condemns all acts of violence, expresses great concern about the serious breaches in the air, sea and land violations of the withdrawal line, and urges the parties to put an end to these violations and to respect the safety of the UNIFIL personnel;
10. Supports the continued efforts of UNIFIL to maintain the ceasefire along the withdrawal line through mobile patrols and observation from fixed positions and through close contacts with the parties to correct violations, resolve incidents and prevent the escalation of incidents;
11. Welcomes the continued contribution of UNIFIL to operational demining, encourages further assistance in mine action by the United Nations to the Government of Lebanon in support of both the continued development of its national mine action capacity and emergency demining activities in the south, commends donor countries for supporting these efforts through financial and in-kind contributions and welcomes in this regard the establishment of the International Support Group, takes note of the communication to the Government of Lebanon and UNIFIL of maps and information on the location of mines and stresses the necessity to provide the Government of Lebanon and UNIFIL with any additional maps and records on the location of mines;
12. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned on the implementation of this resolution;
13. Requests also the Secretary-General, following appropriate consultations, including with the Government of Lebanon and the troop-contributing countries, to submit to the Council before the end of the present mandate a comprehensive report on the activities of UNIFIL, its technical reconfiguration and the tasks presently carried out by the United Nations Truce Supervision Organization (UNTSO);
14. Looks forward to the early fulfilment of the mandate of UNIFIL;
15. Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East, based on all its relevant resolutions including its resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973.
S/RES/1392 Extension of UNTransitional Administration in East Timor
Date: 31 January 2002 Meeting: 4463
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on the situation in East Timor, in particular resolutions 1272 (1999) of 25 October 1999 and 1338 (2001) of 31 January 2001, and the relevant statements of its President, in particular that of 31 October 2001 (S/PRST/2001/32),
Commending the work of the United Nations Transitional Administration in East Timor (UNTAET) and the leadership of the Special Representative of the Secretary-General in assisting the people of East Timor in laying the foundations for the transition to independence,
Recalling the Security Council’s endorsement in its statement of the President (S/PRST/2001/32) of the proposal of the Constituent Assembly of East Timor of 19 October 2001 that independence be declared on 20 May 2002, and welcoming the strenuous efforts of the Second Transitional Government and the people of East Timor to achieve independence by that date,
Having considered the report of the Secretary-General of 17 January 2002 (S/2002/80 and Corr.1) and taking note of his recommendation that the mandate of UNTAET be extended until the date of independence,
Looking forward to receiving further specific proposals from the Secretary-General for the mandate and structure for a successor United Nations mission after independence at least one month before the date of independence,
1. Welcomes the report of the Secretary-General of 17 January 2002;
2. Decides to extend the current mandate of UNTAET until 20 May 2002;
3. Decides to remain seized of the matter.
S/RES/1393 Extension of UNObserver Mission in Georgia
Date: 31 January 2002 Meeting: 4464
Vote: Unanimous
The Security Council,
Recalling all its relevant resolutions, in particular resolution 1364 (2001) of 31 July 2001,
Having considered the report of the Secretary-General of 18 January 2002 (S/2002/88),
Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,
Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Recalling its condemnation of the shooting down of a helicopter of the United Nations Observer Mission in Georgia (UNOMIG) on 8 October 2001, which resulted in the death of the nine people on board, and deploring the fact that the perpetrators of that attack have still not been identified,
Stressing that the continued lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,
Welcoming the important contributions made by UNOMIG and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) in stabilizing the situation in the zone of conflict, and stressing its attachment to the close cooperation existing between them in the performance of their respective mandates,
1. Welcomes the report of the Secretary-General of 18 January 2002;
2. Commends and strongly supports the sustained efforts of the Secretary-General and his Special Representative, with the assistance of the Russian Federation in its capacity as facilitator as well as of the Group of Friends of the Secretary-General and of the OSCE, to promote the stabilization of the situation and the achievement of a comprehensive political settlement, which must include a settlement of the political status of Abkhazia within the State of Georgia;
3. Welcomes and supports the finalization of the document on “Basic Principles for the Distribution of Competences between Tbilisi and Sukhumi” and of its letter of transmittal, with the contribution and the full support of all members of the Group of Friends, and supports the efforts of the Special Representative on the basis of these documents which are positive elements for launching the peace process between the sides;
4. Recalls that the purpose of these documents is to facilitate meaningful negotiations between the parties, under the leadership of the United Nations, on the status of Abkhazia within the State of Georgia, and is not an attempt to impose or dictate any specific solution to the parties;
5. Further recalls that the process of negotiation leading to a lasting political settlement acceptable to both sides will require concessions from both sides;
6. Strongly urges the parties, in particular the Abkhaz side, to receive the document and its transmittal letter in the near future, to give them full and open consideration, and to engage into constructive negotiations on their substance without delay thereafter, and calls on others having influence with the parties to promote this outcome;
7. Calls on the parties to spare no efforts to overcome their ongoing mutual mistrust;
8. Condemns violations of the provisions of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I), and demands that they cease immediately;
9. Welcomes and strongly supports, in this regard, the protocol signed by the two sides on 17 January 2002 regarding the situation in the Kodori Valley, calls for its full and expeditious implementation, in particular by the Georgian side, but also specifically urges the Abkhaz side to honour its undertaking not to take advantage of the withdrawal of Georgian troops, recognizes the legitimate security concerns of the civilian populations in the area, calls on the political leaders in Tbilisi and Sukhumi to observe security agreements, and further calls on them publicly to dissociate themselves from militant rhetoric and demonstrations of support for military options and for the activities of illegal armed groups;
10. Urges the parties to ensure the necessary revitalization of the peace process in all its major aspects, to resume their work in the Coordinating Council and its relevant mechanisms, to build on the results of the Yalta meeting on confidence-building measures in March 2001 (S/2001/242), and to implement the proposals agreed on that occasion in a purposeful and cooperative manner;
11. Expresses its deep dismay at the lack of progress on the question of the refugees and internally displaced persons, reaffirms the unacceptability of the demographic changes resulting from the conflict, reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II), recalls that the Abkhaz side bears a particular responsibility to protect the returnees and to facilitate the return of the remaining displaced population, and welcomes the measures undertaken by the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees and the Office for the Coordinator of Humanitarian Affairs to improve the situation of refugees and internally displaced persons, to develop their skills and to increase their self-reliance, with full respect for their inalienable right to return to their homes in secure and dignified conditions;
12. Urges the parties to implement the recommendations of the joint assessment mission to the Gali district, carried out under the aegis of the United Nations, calls in particular on the Abkhaz side to improve law enforcement involving the local population and to address the lack of instruction in their mother tongue for the ethnic Georgian population;
13. Welcomes the rehabilitation programmes initiated with the cooperation of the parties to serve displaced persons and returnees on both sides of the ceasefire line;
14. Calls on the parties to take all necessary steps to identify those responsible for the shooting down of a UNOMIG helicopter on 8 October 2001 and to bring them to justice, expresses also its concern at the disturbing tendency by the parties to restrict the freedom of movement of UNOMIG, thereby hindering the ability of the Mission to fulfil its mandate, including through effective patrolling, and underlines that it is the primary responsibility of both sides to provide appropriate security and to ensure the freedom of movement of UNOMIG, the CIS peacekeeping force and other international personnel;
15. Reminds the Georgian side in particular to uphold its commitment to put an end to the activities of illegal armed groups crossing into Abkhazia, Georgia, from the Georgian-controlled side of the ceasefire line;
16. Welcomes constant review by UNOMIG of its security arrangements in order to ensure the highest possible level of security for its staff;
17. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 2002,and to review the mandate of UNOMIG unless the decision on the extension of the presence of the CIS peacekeeping force is taken by 15 February 2002, and, in this respect, notes that on 31 January 2002 the Georgian authorities agreed on the extension of the mandate of the CIS peacekeeping force until the end of June 2002;
18. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;
19. Decides to remain actively seized of the matter.
S/RES/1394 Extension of UNMission for the Referendum in Western Sahara
Date: 27 February 2002 Meeting: 4480
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on the question of Western Sahara and its commitment to assist the parties to achieve a just, lasting and mutually acceptable solution,
Taking note of the report of the Secretary-General of 19 February 2002 (S/2002/178),
1. Decides, as recommended by the Secretary-General in his report of 19 February 2002, to extend the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2002 and to consider actively the options described in his report, addressing this issue in its programme of work;
2. Requests the Secretary-General to provide a report on the situation before the end of the present mandate;
3. Decides to remain seized of the matter.
S/RES/1395 Re-establishment of Liberia sanctions panel
Date: 27 February 2002 Meeting: 4481
Vote: Unanimous
Reaffirming its resolution 1343 (2001) of 7 March 2001,
Noting that the next six-monthly review by the Security Council of the measures imposed by paragraphs 5 to 7 of resolution 1343 (2001), is scheduled to take place on or before 6 May 2002,
Recognizing the importance of monitoring the implementation of the provisions contained in resolution 1343 (2001),
1. Takes note of the report of the Panel of Experts on Liberia dated 26 October 2001 (S/2001/1015) submitted pursuant to paragraph 19 of resolution 1343 (2001);
2. Expresses its intention to give full consideration to the report;
3. Decides, in the meanwhile, to re-establish the Panel of Experts appointed pursuant to paragraph 19 of resolution 1343 (2001) for a further period of five weeks commencing no later than 11 March 2002;
4. Requests the Panel of Experts to conduct a follow-up assessment mission to Liberia and neighbouring States, in order to investigate and compile a brief independent audit of the Government of Liberia’s compliance with paragraph 2 and of any violations of paragraphs 5, 6 and 7 of resolution 1343 (2001) and to report to the Council through the Committee established by paragraph 14 of resolution 1343 (2001) no later than 8 April 2002 with the Panel’s observations and recommendations in relation to the tasks set out herein;
5. Requests the Secretary-General, upon the adoption of this resolution and acting in consultation with the Committee established by paragraph 14 of resolution 1343 (2001), to appoint no more than five experts, drawing as much as possible and as appropriate on the expertise of the members of the Panel of Experts appointed pursuant to paragraph 19 of resolution 1343 (2001), and further requests the Secretary-General to make the necessary financial arrangements to support the work of the Panel;
6. Calls upon all States to cooperate fully with the Panel of Experts appointed under paragraph 5 above, in the discharge of its mandate;
7. Decides to remain actively seized of the matter.
S/RES/1396 Welcoming of European Union police mission offer in Bosnia and Herzegovina
Date: 5 March 2002 Meeting: 4484
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions, including resolutions 1031 (1995) of 15 December 1995, 1088 (1996) of 12 December 1996, 1112 (1997) of 12 June 1997, 1256 (1999) of 3 August 1999, and 1357 (2001) of 21 June 2001,
Recalling also the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto (collectively the Peace Agreement, S/1995/999, annex), and the conclusions of the Peace Implementation Conferences held in Bonn on 9 and 10 December 1997 (S/1997/979, annex), Madrid on 16 and 17 December 1998 (S/1999/139, appendix), and Brussels on 23 and 24 May 2000 (S/2000/586, annex),
Welcoming the conclusions of the Steering Board of the Peace Implementation Council (PIC) on 28 February 2002 (S/2002/230) as well as the conclusions of the General Affairs Council of the European Union of 18 February 2002 (S/2002/212),
Expressing its appreciation to the Secretary-General, his Special Representative and the personnel of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), which includes the International Police Task Force (IPTF), for their contributions to the implementation of the Peace Agreement and preparations for the efficient transition to the follow-on to UNMIBH,
1. Welcomes and agrees to the designation by the Steering Board of the Peace Implementation Council (PIC) on 28 February 2002 of Lord Ashdown as High Representative in succession to Mr. Wolfgang Petritsch;
2. Expresses its appreciation to Mr. Wolfgang Petritsch for his achievements as the High Representative;
3. Welcomes the acceptance by the Steering Board of the PIC on 28 February 2002 of the offer made by the European Union (EU) to provide an EU Police Mission (EUPM), from 1 January 2003, to follow the end of UNMIBH’s mandate, as part of a coordinated rule of law programme, and the EU’s intention to also invite non-EU member States to participate in the EUPM;
4. Encourages coordination between UNMIBH, the EU and the High Representative in order to ensure a seamless transition of responsibilities from IPTF to the EUPM;
5. Welcomes also the PIC Steering Board conclusions on 28 February 2002 concerning the streamlining of the international civilian implementation effort in Bosnia and Herzegovina;
6. Reaffirms the importance it attaches to the role of the High Representative in pursuing the implementation of the Peace Agreement and giving guidance to and coordinating the activities of the civilian organizations and agencies involved in assisting the parties to implement the Peace Agreement;
7. Reaffirms also the final authority of the High Representative in theatre regarding the interpretation of Annex 10 on civilian implementation of the Peace Agreement;
8. Decides to remain seized of the matter.
S/RES/1397 Demand for cessation of Middle East violence
Date: 12 March 2002 Meeting: 4489
Vote: 14-0-1 In favour: Bulgaria, Cameroon, China, Colombia, France,
Guinea, Ireland, Mauritius, Mexico, Norway, Russian Federation, Singapore, United Kingdom, United States.
Against: None.
Abstaining: Syria.
The Security Council,
Recalling all its previous relevant resolutions, in particular resolutions 242 (1967) and 338 (1973),
Affirming a vision of a region where two States, Israel and Palestine, live side by side within secure and recognized borders,
Expressing its grave concern at the continuation of the tragic and violent events that have taken place since September 2000, especially the recent attacks and the increased number of casualties,
Stressing the need for all concerned to ensure the safety of civilians,
Stressing also the need to respect the universally accepted norms of international humanitarian law,
Welcoming and encouraging the diplomatic efforts of special envoys from the United States of America, the Russian Federation, the European Union and the United Nations Special Coordinator and others, to bring about a comprehensive, just and lasting peace in the Middle East,
Welcoming the contribution of Saudi Crown Prince Abdullah,
1. Demands immediate cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction;
2. Calls upon the Israeli and Palestinian sides and their leaders to cooperate in the implementation of the Tenet work plan and Mitchell Report recommendations with the aim of resuming negotiations on a political settlement;
3. Expresses support for the efforts of the Secretary-General and others to assist the parties to halt the violence and to resume the peace process;
4. Decides to remain seized of the matter.
S/RES/1398 Extension of UNMission in Ethiopia and Eritrea
Date: 15 March 2002 Meeting: 4494
Vote: Unanimous
The Security Council,
Recalling resolutions 1298 (2000) of 17 May 2000, 1308 (2000) of 17 July 2000, 1312 (2000) of 31 July 2000, 1320 (2000) of 15 September 2000, 1344 (2001) of 15 March 2001 and 1369 (2001) of 14 September 2001, the statements of its President of 9 February 2001 (S/PRST/2001/4), 15 May 2001 (S/PRST/2001/14) and of 15 January 2002 (S/PRST/2002/1), and all other relevant previous resolutions and statements pertaining to the situation between Ethiopia and Eritrea,
Further recalling the report of 27 February 2002 of the Security Council Mission to Ethiopia and Eritrea undertaken in the period 21 to 25 February 2002 (S/2002/205),
Reaffirming the commitment of all Member States to the sovereignty, independence and territorial integrity of Ethiopia and Eritrea,
Further reaffirming the need for both parties to fulfil their obligations under international law, including international humanitarian law, human rights law and refugee law, and to ensure the safety of all personnel of the United Nations, the International Committee of the Red Cross (ICRC) and other humanitarian organizations,
Reaffirming its strong support for the Comprehensive Peace Agreement between the Government of the State of Eritrea and the Government of the Federal Democratic Republic of Ethiopia, signed in Algiers on 12 December 2000 (S/2000/1183), and the preceding Agreement on Cessation of Hostilities (S/2000/601), signed in Algiers on 18 June 2000 (hereafter referred to collectively as the “Algiers Agreements”),
Further reaffirming its strong support for the help in implementing the Algiers Agreements continuously provided by the Secretary-General and his Special Representative, including through their good offices,
Reaffirming its strong support for the role played by the United Nations Mission in Ethiopia and Eritrea (UNMEE) in the implementation of its mandate and facilitation of a peaceful settlement of the dispute,
Further reaffirming its strong support for the Organization of African Unity (OAU) Liaison Mission in Ethiopia-Eritrea (OLMEE) and inviting the Secretary-General of OAU to continue the organization’s full support of the peace process,
Having considered the report of the Secretary-General of 8 March 2002 (S/2002/245),
1. Decides to extend the mandate of UNMEE at the troop and military observer levels authorized by its resolution 1320 (2000) until 15 September 2002;
2. Expresses its satisfaction and anticipation that a final legal settlement of the border issues is about to be reached in accordance with the Algiers Agreements, and welcomes in this regard recent statements by both parties reaffirming that the upcoming border delimitation determination (hereafter referred to as “the decision”) by the Boundary Commission is final and binding;
3. Commends the parties on the progress made thus far in implementing the Algiers Agreements, including the continued observance of the Temporary Security Zone (TSZ) and the steps taken in cooperation with the United Nations Cartographer to prepare for the implementation of the decision by the Boundary Commission once it is announced;
4. Calls on the parties to cooperate fully and expeditiously with UNMEE in the further implementation of its mandate, to abide scrupulously by the letter and spirit of their agreements and to engage closely with the Special Representative of the Secretary-General regarding the implementation of the decision by the Boundary Commission, including expeditiously engaging with UNMEE on their plans for the demining necessary for demarcation;
5. Emphasizes the importance of ensuring expeditious implementation of the upcoming decision by the Boundary Commission while maintaining stability in all areas affected by the decision, and encourages the parties to consider further practical ways and means of conducting implementation-related consultations, possibly through appropriate strengthening of the Military Coordination Commission and/or other arrangement with the support of the guarantors, facilitators and witnesses of the Algiers Agreements;
6. Further emphasizes that in accordance with article 14 of the Agreement on Cessation of Hostilities, the security arrangements are to remain in effect, and that, accordingly, arrangements for the separation of forces, as achieved by the TSZ, will continue to be of key importance;
7. Emphasizes that any transfer of territory and civil authority, as well as population movements and movements of troops, pursuant to the decision by the Boundary Commission, should take place in an orderly manner through dialogue and modalities facilitated by the United Nations, in accordance with article 4.16 of the Comprehensive Peace Agreement, and without any unilateral actions;
8. Further emphasizes that until the border demarcation has been completed, UNMEE will continue to discharge its mandate;
9. Emphasizes its resolve to support the parties in the implementation of the decision by the Boundary Commission and invites the Secretary-General to submit, as soon as possible, recommendations to the Council on how UNMEE can play an appropriate role in the border demarcation process, including with regard to demining for demarcation, taking into account the decision by the Boundary Commission, the contributions by the parties, the capacity of UNMEE and the resources available in the United Nations Trust Fund in support of the Delimitation and Demarcation of the Border between Ethiopia and Eritrea;
10. Calls again on Eritrea, notwithstanding the prior notification procedure, to provide UNMEE with full freedom of movement to monitor the redeployed forces, to disclose the number, strength and disposition of its militia and police inside the TSZ, and to conclude the status-of-forces agreement with the Secretary-General;
11. Urges Ethiopia to provide the United Nations Mine Action Coordination Centre with clarifications to the information already put forward, as promised in this regard;
12. Expresses its concern that there has been no progress regarding the establishment of a direct high-altitude flight route for UNMEE between Asmara and Addis Ababa, and calls again on the parties to work with the Special Representative of the Secretary-General in a spirit of compromise to settle the issue for the mutual benefit of all;
13. Calls on the parties to release and return without further delay all remaining prisoners of war and civilian internees under the auspices of the ICRC in accordance with the Geneva Conventions and the Algiers Agreements;
14. Further calls on the parties to take other measures that will build confidence and promote reconciliation between the two peoples for their mutual benefit, including by affording humane treatment to each other’s nationals in accordance with the Algiers Agreements; facilitating sustainable reintegration of refugees, internally displaced persons and demobilized soldiers; promoting cross-border contacts at the local level aimed at resolving disputes and rebuilding community relations; and by facilitating further dialogue among civil society at all levels in the two countries, such as that recently undertaken by the religious leaders;
15. Encourages the parties to make arrangements enabling UNMEE to disseminate information to relevant population groups in the mission area about the delimitation and demarcation of the border between the two countries and the role of the United Nations in this regard;
16. Further encourages the parties to focus on reconstruction and development of their economies and on improving their relations, for the benefit of all the people and with the view to promoting regional peace and security;
17. Encourages the guarantors, facilitators and witnesses of the Algiers Agreements to provide their continued support for the peace process and invites all States and international organizations to support the process, including by exercising the highest degree of responsibility in discouraging arms flows to the region and through providing contributions to the Trust Fund to Support the Peace Process in Ethiopia and Eritrea, the Trust Fund for the Delimitation and Demarcation of the Border between Ethiopia and Eritrea and to the United Nations Consolidated Appeals Process for 2002;
18. Decides to remain actively seized of the matter.
S/RES/1399 Condemnation of resumed fighting in Democratic Republic of the Congo
Date: 19 March 2002 Meeting: 4495
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and statements by its President,
Recalling the Lusaka Ceasefire Agreement (S/1999/815) and stressing that the ceasefire among the parties to this agreement had been respected since January 2001,
Recalling that the Inter-Congolese Dialogue is an essential element of the peace process for the Democratic Republic of the Congo,
Determining that the situation in the Democratic Republic of the Congo poses a threat to international peace and security in the region,
1. Condemns the resumption of fighting in the Moliro pocket, and the capture of Moliro by RCD-Goma, and stresses that this is a major violation of the ceasefire;
2. Stresses that no party to the Lusaka Ceasefire Agreement should be allowed to make military gains while a peace process is under way and while a peacekeeping operation is deployed;
3. Demands that RCD-Goma troops withdraw immediately and without condition from Moliro and also demands that all parties withdraw to the defensive positions called for in the Harare disengagement sub-plans;
4. Demands also that RCD-Goma withdraw from Pweto, which it occupies in contravention of the Kampala and Harare disengagement plan, so as to permit the demilitarization of this location and that all other parties also withdraw from locations they occupy in contravention of the Kampala and Harare disengagement plan;
5. Recalls that Kisangani also has to be demilitarized;
6. Reminds RCD-Goma and all other parties that they must comply with their obligations with regard to the Ceasefire Agreement, the disengagement plan and relevant resolutions of the Security Council;
7. Calls on Rwanda to exert its influence on RCD-Goma so that RCD-Goma implements the demands of this resolution;
8. Welcomes the deployment of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) in Moliro and in Pweto, and calls on all the parties to provide full cooperation to MONUC and to ensure the safety and security of MONUC personnel on the ground;
9. Calls on the parties to the Lusaka Ceasefire Agreement to refrain from any military action or other provocation especially while the Inter-Congolese Dialogue is taking place;
10. Stresses the importance of continuing the Inter-Congolese Dialogue and calls on the Government of the Democratic Republic of the Congo to resume immediately its participation in the dialogue;
11. Decides to remain actively seized of the matter.
S/RES/1400 Extension of UNMission in Sierra Leone
Date: 28 March 2002 Meeting: 4500
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and the statements of its President concerning the situation in Sierra Leone,
Affirming the commitment of all States to respect the sovereignty, political independence and territorial integrity of Sierra Leone,
Welcoming the meeting of the Mano River Union Presidents held in Rabat on 27 February 2002 at the invitation of His Majesty the King of Morocco,
Welcoming the further progress made in the peace process in Sierra Leone, including the lifting of the state of emergency, commending the positive role of the United Nations Mission in Sierra Leone (UNAMSIL) in advancing the peace process, and calling for its further consolidation,
Encouraging the Mano River Union Women’s Peace Network and other civil society initiatives to continue their contribution towards regional peace,
Determining that the situation in Sierra Leone continues to constitute a threat to peace and security in this region,
Expressing its concern at the fragile situation in the Mano River region, the substantial increase in refugees and the humanitarian consequences for the civilian, refugee and internally displaced populations in the region,
Emphasizing the importance of free, fair, transparent and inclusive elections, and welcoming the progress made by the Government of Sierra Leone and the National Electoral Commission of Sierra Leone in preparing for elections, particularly with voter registration,
Reiterating the importance of the effective extension of State authority throughout the country, the reintegration of ex-combatants, voluntary and unhindered return of refugees and internally displaced persons, full respect for human rights and the rule of law, and effective action on impunity and accountability, paying special attention to the protection of women and children, and stressing continued United Nations support for the fulfilment of these objectives,
Welcoming the Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone, and the recommendations of the Planning Mission on the Establishment of the Special Court for Sierra Leone (S/2002/246) and the report of the Secretary-General of 14 March 2002 (S/2002/267) that UNAMSIL should provide administrative and related support to the Special Court,
Emphasizing the importance of the continuing support of UNAMSIL to the Government of Sierra Leone in the consolidation of peace and stability after the elections,
Having considered the report of the Secretary-General of 14 March 2002 (S/2002/267),
1. Decides that the mandate of UNAMSIL shall be extended for a period of six months from 30 March 2002;
2. Expresses its appreciation to those Member States providing troops and support elements to UNAMSIL and those who have made commitments to do so;
3. Welcomes the military concept of operations for UNAMSIL for 2002 outlined in paragraph 10 of the Secretary-General’s report of 14 March 2002 (S/2002/267), and requests the Secretary-General to inform the Council at regular intervals on progress made by UNAMSIL in the implementation of its key aspects and in the planning of its subsequent phases;
4. Encourages the Government of Sierra Leone and the Revolutionary United Front (RUF) to strengthen their efforts towards full implementation of the Ceasefire Agreement signed in Abuja on 10 November 2000 (S/2000/1091) between the Government of Sierra Leone and the RUF and reaffirmed at the meeting of the Economic Community of West African States (ECOWAS), the United Nations, the Government of Sierra Leone and the RUF at Abuja on 2 May 2001;
5. Encourages the Government of Sierra Leone and the RUF to continue to take steps towards furthering of dialogue and national reconciliation, and, in this regard, stresses the importance of the reintegration of the RUF into Sierra Leone society and the transformation of the RUF into a political party, and demands the immediate and transparent dismantling of all non-government military structures;
6. Welcomes the formal completion of the disarmament process, expresses concern at the serious financial shortfall in the multi-donor Trust Fund for the disarmament, demobilization and reintegration programme, and urges the Government of Sierra Leone to seek actively the urgently needed additional resources for reintegration;
7. Emphasizes that the development of the administrative capacities of the Government of Sierra Leone is essential to sustainable peace and development, and to the holding of free and fair elections, and therefore urges the Government of Sierra Leone, with the assistance of UNAMSIL, in accordance with its mandate, to accelerate the restoration of civil authority and public services throughout the country, in particular in the diamond mining areas, including the deployment of key government personnel and police and the deployment of the Sierra Leone Army on border security tasks, and calls on States, international organizations and non-governmental organizations to assist in the wide range of recovery efforts;
8. Welcomes the establishment of the electoral component of UNAMSIL and the recruitment of 30 additional civilian police advisers to support the Government of Sierra Leone and the Sierra Leone police in preparing for elections;
9. Welcomes the signature on 16 January 2002 of the Agreement between the Government of Sierra Leone and the United Nations on the Establishment of a Special Court for Sierra Leone, as envisaged by resolution 1315 (2000) of 14 August 2000, urges donors urgently to disburse their pledges to the Trust Fund for the Special Court, looks forward to the Court expeditiously beginning its operations and endorses UNAMSIL’s providing, without prejudice to its capabilities to perform its specified mandate, administrative and related support to the Special Court on a cost-reimbursable basis;
10. Welcomes progress made by the Government of Sierra Leone, together with the Secretary-General, the United Nations High Commissioner for Human Rights and other relevant international actors, in establishing the Truth and Reconciliation Commission, and urges donors urgently to commit funds to it;
11. Welcomes the summit meeting of the Mano River Union Presidents held in Rabat on 27 February 2002, urges the Presidents to continue dialogue and to implement their commitments to building regional peace and security, and encourages the ongoing efforts of ECOWAS towards a lasting and final settlement of the crisis in the Mano River Union region;
12. Expresses its serious concern at the violence, particularly sexual violence, suffered by women and children during the conflict in Sierra Leone, and emphasizes the importance of addressing these issues effectively;
13. Expresses its serious concern at the evidence UNAMSIL has found of human rights abuses and breaches of humanitarian law set out in paragraphs 38 to 40 of the Secretary-General’s report of 14 March 2002 (S/2002/267), encourages UNAMSIL to continue its work and in this context requests the Secretary-General to provide a further assessment in his September report, particularly regarding the situation of women and children who have suffered during the conflict;
14. Expresses its serious concern at allegations that some United Nations personnel may have been involved in sexual abuse of women and children in camps for refugees and internally displaced people in the region, supports the Secretary-General’s policy of zero tolerance for such abuse, looks forward to the Secretary-General’s report on the outcome of the investigation into these allegations, and requests him to make recommendations on how to prevent any such crimes in future, while calling on States concerned to take the necessary measures to bring to justice their own nationals responsible for such crimes;
15. Encourages the continued support of UNAMSIL, within its capabilities and areas of deployment, for returning refugees and displaced persons, and urges all stakeholders to continue to cooperate to this end to fulfil their commitments under the Abuja Ceasefire Agreement;
16. Welcomes the Secretary-General’s intention to keep the security, political, humanitarian and human rights situation in Sierra Leone under close review and to report to the Council, after due consultations with troop-contributing countries, with any additional recommendations, and requests in particular the Secretary-General to submit before 30 June 2002 an interim report assessing the post-electoral situation and the prospects for peace consolidation;
17. Decides to remain actively seized of the matter.
S/RES/1401 Establishment of UNAssistance Mission in Afghanistan
Date: 28 March 2002 Meeting: 4501
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on Afghanistan, in particular its resolutions 1378 (2001) of 14 November 2001, 1383 (2001) of 6 December 2001, and 1386 (2001) of 20 December 2001,
Recalling all relevant General Assembly resolutions, in particular resolution 56/220 (2001) of 21 December 2001,
Stressing the inalienable right of the Afghan people themselves freely to determine their own political future,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Reiterating its endorsement of the Agreement on provisional arrangements in Afghanistan pending the re-establishment of permanent government institutions, signed in Bonn on 5 December 2001 (S/2001/1154) (the Bonn Agreement), in particular its annex 2 regarding the role of the United Nations during the interim period,
Welcoming the establishment on 22 December 2001 of the Afghan interim authority and looking forward to the evolution of the process set out in the Bonn Agreement,
Stressing the vital importance of combating the cultivation and trafficking of illicit drugs and of eliminating the threat of landmines, as well as of curbing the illicit flow of small arms,
Having considered the report of the Secretary-General of 18 March 2002 (S/2002/278),
Encouraging donor countries that pledged financial aid at the Tokyo Conference on reconstruction assistance to Afghanistan to fulfill their commitments as soon as possible,
Commending the United Nations Special Mission in Afghanistan (UNSMA) for the determination shown in the implementation of its mandate in particularly difficult circumstances,
1. Endorses the establishment, for an initial period of 12 months from the date of adoption of this resolution, of a United Nations Assistance Mission in Afghanistan (UNAMA), with the mandate and structure laid out in the report of the Secretary-General of 18 March 2002 (S/2002/278);
2. Reaffirms its strong support for the Special Representative of the Secretary-General and endorses his full authority, in accordance with its relevant resolutions, over the planning and conduct of all United Nations activities in Afghanistan;
3. Stresses that the provision of focussed recovery and reconstruction assistance can greatly assist in the implementation of the Bonn Agreement and, to this end, urges bilateral and multilateral donors, in particular through the Afghanistan Support Group and the Implementation Group, to coordinate very closely with the Special Representative of the Secretary-General, the Afghan Interim Administration and its successors;
4. Stresses also, in the context of paragraph 3 above, that while humanitarian assistance should be provided wherever there is a need, recovery or reconstruction assistance ought to be provided, through the Afghan Interim Administration and its successors, and implemented effectively, where local authorities contribute to the maintenance of a secure environment and demonstrate respect for human rights;
5. Calls upon all Afghan parties to cooperate with UNAMA in the implementation of its mandate and to ensure the security and freedom of movement of its staff throughout the country;
6. Requests the International Security Assistance Force, in implementing its mandate in accordance with resolution 1386 (2001), to continue to work in close consultation with the Secretary-General and his Special Representative;
7. Requests the Secretary-General to report to the Council every four months on the implementation of this resolution;
8. Decides to remain actively seized of the matter.
S/RES/1402 Call for Middle Eastceasefire
Date: 30 March 2002 Meeting: 4503
Vote: 14-0-0 In favour: Bulgaria, Cameroon, China, Colombia, France,
Guinea, Ireland, Mauritius, Mexico, Norway, Russian Federation, Singapore, United Kingdom, United States.
Against: None.
Not
participating: Syria.
The Security Council,
Reaffirming its resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, and the Madrid principles,
Expressing its grave concern at the further deterioration of the situation, including the recent suicide bombings in Israel and the military attack against the headquarters of the President of the Palestinian Authority,
1. Calls upon both parties to move immediately to a meaningful ceasefire; calls for the withdrawal of Israeli troops from Palestinian cities, including Ramallah; and calls upon the parties to cooperate fully with Special Envoy Zinni, and others, to implement the Tenet security work plan as a first step towards implementation of the Mitchell Committee recommendations, with the aim of resuming negotiations on a political settlement;
2. Reiterates its demand in resolution 1397 (2002) of 12 March 2002 for an immediate cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction;
3. Expresses support for the efforts of the Secretary-General and the special envoys to the Middle East to assist the parties to halt the violence and to resume the peace process;
4. Decides to remain seized of the matter.
S/RES/1403 Demand for implementation of resolution 1402
Date: 4 April 2002 Meeting: 4506
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 1397 (2002) of 12 March 2002 and 1402 (2002) of 30 March 2002,
Gravely concerned at the further deterioration of the situation on the ground and noting that resolution 1402 (2002) has not yet been implemented,
1. Demands the implementation of its resolution 1402 (2002) without delay;
2. Welcomes the mission of the U.S. Secretary of State to the region, as well as efforts by others, in particular the special envoys from the United States, the Russian Federation and the European Union, and the United Nations Special Coordinator, to bring about a comprehensive, just and lasting peace to the Middle East;
3. Requests the Secretary-General to follow the situation and keep the Council informed;
4. Decides to remain seized of the matter.
S/RES/1404 Extension of Angola sanctions monitoring mechanism
Date: 18 April 2002 Meeting: 4514
Vote: Unanimous
The Security Council,
Reaffirming its resolution 864 (1993) of 15 September 1993 and all subsequent relevant resolutions, in particular resolutions 1127 (1997) of 28 August 1997, 1173 (1998) of 12 June 1998, 1237 (1999) of 7 May 1999, 1295 (2000) of 18 April 2000, 1336 (2001) of 23 January 2001, 1348 (2001) of 19 April 2001 and 1374 (2001) of 19 October 2001,
Recalling the Statement of its President of 28 March 2002 (S/2002/7), in particular its readiness to consider appropriate and specific exemptions from and amendments to the measures imposed by paragraph 4 (a) of its resolution 1127 (1997) in consultation with the Government of Angola and with a view to facilitating the peace negotiations,
Reaffirming also its commitment to preserve the sovereignty and territorial integrity of Angola,
Expressing once again its concern regarding the humanitarian effects of the present situation on the civilian population of Angola,
Welcoming the ceasefire agreement of 4 April 2002,
Recognizing the importance attached, inter alia, to the monitoring, for as long as it is necessary, of the implementation of the provisions contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998),
Determining that the situation in Angola continues to constitute a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Looks forward to receiving the additional report of the monitoring mechanism established pursuant to resolution 1295 (2000) to be submitted pursuant to paragraph 8 of resolution 1374 (2001);
2. Expresses its intention to give full consideration to this additional report;
3. Decides to extend the mandate of the monitoring mechanism for a further period of six months, ending on 19 October 2002;
4. Requests the monitoring mechanism to provide the Committee established pursuant to resolution 864 (1993)hereinafter referred to as “the Committee” within 30 days of the adoption of this resolution with a detailed action plan for its future work, in particular, but not exclusively, on the financial measures and on the measures concerning the trade in diamonds and the trade in arms against the União Nacional para a Independência Total de Angola (UNITA);
5. Requests the monitoring mechanism to report periodically to the Committee and to provide a further additional report to the Committee by 15 October 2002;
6. Requests the Secretary-General, upon adoption of this resolution and acting in consultation with the Committee, to appoint four experts to serve on the monitoring mechanism and further requests the Secretary-General to make the necessary financial arrangements to support the work of the monitoring mechanism;
7. Requests the Chairman of the Committee to submit the additional report to the Council by 19 October 2002;
8. Calls upon all States to cooperate fully with the monitoring mechanism in the discharge of its mandate;
9. Decides to remain actively seized of the matter.
S/RES/1405 Welcomes fact-finding team on Jenin refugee camp
Date: 19 April 2002 Meeting: 4516
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, 1402 (2002) of 30 March 2002, 1403 (2002) of 4 April 2002, and the Statement of its President of 10 April 2002 (S/PRST/2002/9),
Concerned by the dire humanitarian situation of the Palestinian civilian population, in particular reports from the Jenin refugee camp of an unknown number of deaths and destruction,
Calling for the lifting of restrictions imposed, in particular in Jenin, on the operations of humanitarian organizations, including the International Committee of the Red Cross and United Nations Relief and Works Agency for Palestine Refugees in the Near East,
Stressing the need for all concerned to ensure the safety of civilians, and to respect the universally accepted norms of international humanitarian law,
1. Emphasizes the urgency of access of medical and humanitarian organizations to the Palestinian civilian population;
2. Welcomes the initiative of the Secretary-General to develop accurate information regarding recent events in the Jenin refugee camp through a fact-finding team and requests him to keep the Security Council informed;
3. Decides to remain seized of the matter.
S/RES/1406 Extension of UN Mission for the Referendum in Western Sahara
Date: 30 April 2002 Meeting: 4523
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Western Sahara, in particular resolution 1394 (2002) of 27 February 2002,
1. Decides to extend the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 31 July 2002 in order to consider further the report of the Secretary-General of 19 February 2002 (S/2002/178);
2. Decides to remain seized of the matter.
S/RES/1407 Assessment team for panel to investigate Somalia arms embargo violations
Date: 3 May 2002 Meeting: 4524
Vote: Unanimous
The Security Council,
Recalling its relevant resolutions concerning the situation in Somalia, in particular resolution 733 (1992) of 23 January 1992,
Further recalling the statement of its President of 28 March 2002 (S/PRST/2002/8),
Noting with serious concern the continued flow of weapons and ammunition supplies to Somalia from other countries, undermining peace and security and the political efforts for national reconciliation in Somalia,
Welcoming the forthcoming visit of the Chairman of the Committee established pursuant to resolution 751 (1992) of 24 April 1992 (hereinafter referred to as “the Committee”) to Somalia and States in the region in June 2002 and looking forward to his report in this regard,
Acting under Chapter VII of the Charter of the United Nations,
1. Requests the Secretary-General to establish, within one month from the date of adoption of this resolution, in preparation for a Panel of Experts, a team of experts consisting of two members for a period of 30 days, to provide the Committee with an action plan detailing the resources and expertise that the Panel of Experts will require to be able to generate independent information on violations and for improving the enforcement of the weapon and military equipment embargo established by paragraph 5 of resolution 733 (1992) (hereinafter referred to as “the arms embargo”), including by:
– investigating the violations of the arms embargo covering access to Somalia by land, air and sea, in particular by pursuing any sources that might reveal information related to violations, including relevant States, intergovernmental organizations and international law enforcement cooperation bodies, non-governmental organizations, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, members of the Transitional National Government, local authorities, political and traditional leaders, civil society and the business community;
– detailing information in relevant areas of expertise related to violations and enforcement of the arms embargo in its various aspects;
– carrying out field-based research, where possible, in Somalia, States neighbouring Somalia and other States, as appropriate;
– assessing the capacity of States in the region to implement fully the arms embargo, including through a review of national customs and border control regimes;
– providing recommendations on possible practical steps for further strengthening the enforcement of the arms embargo;
2. Requests the Chairman of the Committee to forward the report of the team of experts, within two weeks of its reception, to the Security Council for its consideration;
3. Expresses its determination to examine the findings of the experts and the Chairman of the Committee and to take further action in follow-up to the statement of its President of 28 March 2002 (S/PRST/2002/8) and paragraph 1 above by the end of July 2002;
4. Calls on all States and the Transitional National Government and local authorities in Somalia to cooperate fully with the Chairman of the Committee and the team of experts in their quests for information in accordance with this resolution, including by facilitating visits to sites and actors and by providing full access to government officials and records, as requested by the Chairman of the Committee or the team of experts;
5. Urges all other individuals and entities contacted by the Chairman of the Committee or the team of experts to cooperate fully by providing relevant information and facilitating their investigations, including political and traditional leaders, members of civil society and the business community, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, non-governmental organizations, intergovernmental organizations and international law enforcement cooperation bodies;
6. Requests the Chairman of the Committee and the team of experts to notify the Council immediately, through the Committee, of any lack of cooperation by the authorities and entities referred to above;
7. Requests the Secretary-General to work actively through technical assistance and cooperation with the Transitional National Government, local authorities and traditional civil and religious leaders to enhance the administrative and judicial capacities throughout Somalia to contribute to the monitoring and enforcement of the arms embargo, in accordance with the statement of its President of 28 March 2002, and invites all humanitarian and developmental actors to promote and reinforce this objective in a coordinated manner through their programmes of assistance for Somalia;
8. Requests all States to report to the Committee no later than 60 days from the adoption of this resolution and thereafter according to the timetable set by the Committee on measures they have in place to ensure the full and effective implementation of the arms embargo, and with the view to complementing the action taken by the Council pursuant to paragraph 3 above;
9. Calls upon all States, in particular those in the region, to provide the Committee with all available information on violations of the arms embargo;
10. Decides to remain actively seized of the matter.
S/RES/1408 Extension of Liberia sanctions
Date: 6 May 2002 Meeting: 4526
Vote: Unanimous
The Security Council,
Recalling its resolutions 1132 (1997) of 8 October 1997, 1171 (1998) of 5 June 1998, 1306 (2000) of 5 July 2000, 1343 (2001) of 7 March 2001, 1385 (2001) of 19 December 2001, 1395 (2002) of 27 February 2002, 1400 (2002) of 28 March 2002 and its other resolutions and statements of its President on the situation in the region,
Taking note of the Secretary-General’s report of 29 April 2002 (S/2002/494*),
Taking note of the reports of the United Nations Panel of Experts on Liberia dated 26 October 2001 (S/2001/1015) and 19 April 2002 (S/2002/470) submitted pursuant to paragraph 19 of resolution 1343 (2001) and paragraph 4 of resolution 1395 (2002) respectively,
Expressing serious concern at the findings of the Panel of Experts about the actions of the Government of Liberia, including the evidence that the Government of Liberia continues to breach the measures imposed by resolution 1343 (2001), particularly through the acquisition of arms,
Welcoming General Assembly resolution 56/263 of 13 March 2002, looking forward to the full implementation of the international certification scheme proposed by the Kimberley Process as soon as possible and recalling its concern at the role played by the illicit trade in diamonds in the conflict in the region,
Welcoming the meeting of the Presidents of the Mano River Union in Rabat on 27 February 2002 at the invitation of His Majesty the King of Morocco, and the continued efforts of the Economic Community of West African States (ECOWAS) to work towards the restoration of peace and stability in the region,
Welcoming the conference sponsored by ECOWAS on political dialogue in Liberia held in Abuja on 14 March 2002, in particular the involvement of civil society, and encouraging the participation of all Liberian parties in the proposed Liberian National Reconciliation Conference to be held in Monrovia in July 2002, as a means of promoting the conditions for free, fair, transparent and inclusive elections in 2003,
Encouraging civil society initiatives in the region, including those of the Mano River Union Women’s Peace Network, to continue their contribution towards regional peace,
Calling on the Government of Liberia to cooperate fully with the Special Court for Sierra Leone when it is established,
Recalling the ECOWAS Moratorium on the Importation, Exportation and Manufacture of Small Arms and Light Weapons in West Africa adopted in Abuja on 31 October 1998 (S/1998/1194, annex), and its extension from 5 July 2001 (S/2001/700),
Determining that the active support provided by the Government of Liberia to armed rebel groups in the region, in particular to former Revolutionary United Front (RUF) combatants who continue to destabilize the region, constitutes a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the Government of Liberia has not complied fully with the demands in paragraph 2 (a) to (d) of resolution 1343 (2001);
2. Notes with satisfaction the updated information provided by the Government of Liberia to the Panel of Experts concerning the registration and ownership of each aircraft registered in Liberia (S/2001/1015) and the steps taken by the Government of Liberia to update its register of aircraft pursuant to Annex VII to the Chicago Convention on International Civil Aviation of 1944 in compliance with the demand in paragraph 2 (e) of resolution 1343 (2001);
3. Stresses that the demands referred to in paragraph 1 above are intended to lead to consolidation of the peace process in Sierra Leone and to further progress in the peace process in the Mano River Union, and, in that regard, calls upon the President of Liberia to continue to participate in the meetings of the Presidents of the Mano River Union and to implement fully his commitments to building regional peace and security, as set out in the communiqué of the Mano River Union summit of 27 February 2002;
4. Demands that all States in the region cease military support for armed groups in neighbouring countries, take action to prevent armed individuals and groups from using their territory to prepare and commit attacks on neighbouring countries and refrain from any actions that might contribute to further destabilization of the situation on the borders between Guinea, Liberia and Sierra Leone;
5. Decides that the measures imposed by paragraphs 5 to 7 of resolution 1343 (2001) shall remain in force for a further period of 12 months from 00:01 Eastern Daylight Time on 7 May 2002, and that, at the end of this period, the Council will decide whether the Government of Liberia has complied with the demands referred to in paragraph 1 above, and, accordingly, whether to extend these measures for a further period with the same conditions;
6. Decides that the measures referred to in paragraph 5 above shall be terminated immediately if the Council, taking into account, inter alia, the reports of the Panel of Experts referred to in paragraph 16 below and of the Secretary-General referred to in paragraph 11 below, inputs from ECOWAS, any relevant information provided by the Committee established pursuant to paragraph 14 of resolution 1343 (2001) (“the Committee”) and the Committee established pursuant to resolution 1132 (1997) and any other relevant information, determines that the Government of Liberia has complied with the demands referred to in paragraph 1 above;
7. Reiterates its call upon the Government of Liberia to establish an effective Certificate of Origin regime for Liberian rough diamonds that is transparent and internationally verifiable, bearing in mind the plans for the international certification scheme under the Kimberley Process, and to provide the Committee with a detailed description of the proposed regime;
8. Notwithstanding paragraph 15 of resolution 1343 (2001), decides that rough diamonds controlled by the Government of Liberia through the Certificate of Origin regime shall be exempt from the measures imposed by paragraph 6 of resolution 1343 (2001) when the Committee has reported to the Council, taking into account expert advice obtained through the Secretary-General, that an effective and internationally verifiable regime is ready to become fully operational;
9. Calls again upon States, relevant international organizations and other bodies in a position to do so to offer assistance to the Government of Liberia and other diamond exporting countries in West Africa with their Certificate of Origin regimes;
10. Calls upon the Government of Liberia to take urgent steps, including through the establishment of transparent and internationally verifiable audit regimes, to ensure that revenue derived by the Government of Liberia from the Liberia Shipping Registry and the Liberian timber industry is used for legitimate social, humanitarian and development purposes, and is not used in violation of this resolution, and to report back to the Committee on the steps taken and results of such audits not later than three months after the date of adoption of this resolution;
11. Requests the Secretary-General to submit a report to the Council by 21 October 2002 and thereafter at six-monthly intervals from that date, drawing on information from all relevant sources, including the United Nations Office in Liberia, the United Nations Mission in Sierra Leone (UNAMSIL) and ECOWAS, on whether Liberia has complied with the demands referred to in paragraph 1 above, and calls on the Government of Liberia to support United Nations efforts to verify all information on compliance which is brought to the United Nations notice;
12. Invites ECOWAS to report regularly to the Committee on all activities undertaken by its members pursuant to paragraph 5 above and in the implementation of this resolution;
13. Requests the Committee to carry out the tasks set out in this resolution and to continue with its mandate as set out in paragraph 14 (a) to (h) of resolution 1343 (2001);
14. Further requests the Committee to consider and take appropriate action on information brought to its attention concerning any alleged violations of the measures imposed by paragraph 8 of resolution 788 (1992) while that resolution was in force;
15. Requests all States who have not reported pursuant to paragraph 18 of resolution 1343 (2001) to report to the Committee within 90 days on the steps they have taken to implement the measures referred to in paragraph 5 above;
16. Requests the Secretary-General to establish, within three months from the date of adoption of this resolution, in consultation with the Committee, for a period of three months, a Panel of Experts consisting of no more than five members, drawing, as much as possible and as appropriate, on the expertise of the members of the Panel of Experts established pursuant to resolution 1343 (2001), to conduct a follow-up assessment mission to Liberia and neighbouring States, in order to investigate and compile a report on the Government of Liberia’s compliance with the demands referred to in paragraph 1 above, on the potential economic, humanitarian and social impact on the Liberian population of the measures referred to in paragraph 5 above, and on any violations of the measures referred to in paragraph 5 above, including any involving rebel movements, and to report to the Council through the Committee no later than 7 October 2002 with observations and recommendations, and further requests the Secretary-General to provide the necessary resources;
17. Requests the Panel of Experts referred to in paragraph 16 above, as far as possible, to bring any relevant information collected in the course of its investigations conducted in accordance with its mandate to the attention of the States concerned for prompt and thorough investigation and, where appropriate, corrective action, and to allow them the right of reply;
18. Calls upon all States to take appropriate measures to ensure that individuals and companies in their jurisdiction, in particular those referred to in the reports of the Panel of Experts established pursuant to resolutions 1343 (2001) and 1395 (2002), act in conformity with United Nations embargoes, in particular those established by resolutions 1171 (1998), 1306 (2000) and 1343 (2001), and, as appropriate, to take the necessary judicial and administrative action to end any illegal activities by those individuals and companies;
19. Requests all States, in particular arms exporting countries, to exercise the highest degree of responsibility in small arms and light weapons transactions to prevent illegal diversion and re-export, so as to stem the leakage of legal weapons to illegal markets in the region, in line with the statement of its President of 31 August 2001 (S/PRST/2001/21) and the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;
20. Decides to conduct reviews of the measures referred to in paragraph 5 above before 7 November 2002, and every six months thereafter;
21. Urges all States, relevant United Nations bodies and, as appropriate, other organizations and interested parties to cooperate fully with the Committee and Panel of Experts referred to in paragraph 16 above, including by supplying information on possible violations of the measures referred to in paragraph 5 above;
22. Decides to remain actively seized of the matter.
S/RES/1409 Extension of “oil-for food” programme, approval of revised sanctions
Date: 14 May 2002 Meeting: 4531
Vote: Unanimous
The Security Council,
Recalling its previous relevant resolutions, including resolutions 986 (1995) of 14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of 1 June 2001, 1360 (2001) of 3 July 2001, and 1382 (2001) of 29 November 2001, as they relate to the improvement of the humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for the civilian needs of the Iraqi people until the fulfilment by the Government of Iraq of the relevant resolutions, including notably resolutions 687 (1991) of 3 April 1991 and 1284 (1999), allows the Council to take further action with regard to the prohibitions referred to in resolution 661 (1990) of 6 August 1990 in accordance with the provisions of these resolutions,
Recalling its decision in resolution 1382 (2001) to adopt the proposed Goods Review List and procedures for its application annexed to resolution 1382 (2001), subject to any refinements to them agreed by the Council in light of further consultations, for implementation beginning on 30 May 2002,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those contained in paragraphs 4, 11 and 12, and the provisions of paragraphs 2, 3 and 5 to 13 of resolution 1360 (2001), and subject to paragraph 15 of resolution 1284 (1999) and the other provisions of this present resolution, shall remain in force for a new period of 180 days beginning at 0001 hours, Eastern Daylight Time, on 30 May 2002;
2. Decides to adopt the revised Goods Review List (S/2002/515) and the revised attached procedures for its application for implementation beginning at 0001 hours, Eastern Daylight Time, on 30 May 2002 as a basis for the humanitarian programme in Iraq as referred to in resolution 986 (1995) and other relevant resolutions;
3. Authorizes States, beginning at 0001 hours, Eastern Daylight Time, on 30 May 2002, to permit, notwithstanding the provisions of paragraph 3 of resolution 661 (1990) and subject to the procedures for the application of the Goods Review List (S/2002/515), the sale or supply of any commodities or products other than commodities or products referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the Goods Review List (S/2002/515) pursuant to paragraph 24 of resolution 687 (1991) whose sale or supply to Iraq has not been approved by the Committee established pursuant to resolution 661 (1990);
4. Decides that, beginning at 0001 hours, Eastern Daylight Time, on 30 May 2002, the funds in the escrow account established pursuant to paragraph 7 of resolution 986 (1995) may also be used to finance the sale or supply to Iraq of those commodities or products that are authorized for sale or supply to Iraq under paragraph 3 above, provided that the conditions of paragraph 8 (a) of resolution 986 (1995) are met;
5. Decides to conduct regularly thorough reviews of the Goods Review List and the procedures for its implementation and to consider any necessary adjustment and further decides that the first such review and consideration of necessary adjustment shall be conducted prior to the end of the 180-day period established pursuant to paragraph 1 above;
6. Decides that, for the purposes of this resolution, references in resolution 1360 (2001) to the 150-day period established by that resolution shall be interpreted to refer to the 180-day period established pursuant to paragraph 1 above;
7. Requests that the Secretary-General and the Committee established pursuant to resolution 661 (1990) submit at least two weeks prior to the end of the 180-day period the reports referred to in paragraphs 5 and 6 of resolution 1360 (2001);
8. Requests the Secretary-General, in consultation with interested parties, to submit an assessment report on the implementation of the Goods Review List and its procedures by the end of the next period of implementation of resolution 986 (1995) beginning on 30 May 2002 and to include in the report recommendations on any necessary revision of the Goods Review List and its procedures, including the processing of contracts under paragraph 20 of resolution 687 (1991) and the utility of the Distribution Plan as referred to in paragraph 8 (a) (ii) of resolution 986 (1995);
9. Decides to remain seized of the matter.
Procedures
1 - The following procedures replace paragraphs 29 to 34 of document S/1996/636* and other existing procedures,
notably for the implementation of the relevant provisions of paragraphs 17, 18 and 25 of resolution 1284 (1999) related to the processing of applications to be financed from the escrow account established pursuant to paragraph 7 of resolution 986 (1995).
2 - Each application (the "Notification or Request to Ship Goods to Iraq," as attached to these procedures, hereafter referred to as "the application,") for the sale or supply of commodities or products, to include services ancillary to the supply of such commodities and products, to Iraq to be financed from the escrow account established pursuant to paragraph 7 of resolution 986 (1995) must be forwarded to the Office of the Iraq Programme (OIP) by the exporting States through permanent or observer Missions, or by United Nations agencies and programmes. Each application should include complete technical specifications, as requested in the standard application form, concluded arrangements (e.g., contracts), and other relevant information, including, if known, whether the application contains any item(s) covered by the Goods Review List (GRL), in order for a determination to be made on whether the application contains any item referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL.
3 - Each application will be reviewed and registered by OIP within 10 working days. In the case of a technically incomplete application, OIP may request additional information before transmitting the application to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA). If OIP determines that the requested information is not provided within 90 days, the application will be considered supplier-inactive and no further action on the application will be taken until the information is provided. If the requested information is not received within a further 90 days, the application will lapse. OIP should notify the submitting Mission or United Nations agency in writing of any change in the status of the application. The OIP will identify an official to act as a contact point on each application.
4 - After OIP registration of the application, each application will be evaluated by technical experts from UNMOVIC and IAEA in order to determine whether the application contains any item referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL ("GRL item(s)"). At their discretion and subject to the approval of the 661 Committee, UNMOVIC and IAEA may issue guidance regarding what categories of applications do not contain any item(s) covered by paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL. UNMOVIC, IAEA and OIP, working in consultation, may develop a procedure whereby OIP may evaluate and approve applications that, based on this guidance, fall within these categories.
5 - Military goods and services are prohibited for sale or supply to Iraq under paragraph 24 of resolution 687 (1991) and are not subject to review under the GRL. For consideration of dual-use goods and services referred to in paragraph 24 of resolution 687 (1991), UNMOVIC and IAEA should process these goods and services pursuant to paragraph 9 of these procedures.
6 - Upon receipt of a registered application from OIP, UNMOVIC and/or IAEA will have 10 working days to evaluate an application as set forth in paragraphs 4 and 5. Absent action by UNMOVIC and/or IAEA within the 10-working-day period, the application will be considered approved. In the course of conducting the technical evaluation as set out in paragraphs 4 and 5 above, UNMOVIC and/or IAEA may request additional information from the submitting Mission or United Nations agency. The submitting Mission or United Nations agency should provide the additional information requested within a period of 90 days. Once UNMOVIC and/or IAEA receive the requested information, UNMOVIC and/or IAEA will have 10 working days to evaluate the application under the procedure set forth in paragraphs 4 and 5.
7 - If UNMOVIC and/or IAEA determine that the submitting Mission or United Nations agency has not provided the requested additional information within the 90-day period set out in paragraph 6 above, the application will be considered supplier-inactive and no further action on the application will be taken until the information is provided. If the requested information is not provided within a further 90 days, the application will lapse. OIP should notify the submitting Mission or United Nations agency in writing of any change in the status of the application.
8 - If UNMOVIC and/or IAEA determine that the application contains any item referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, the application shall be considered ineligible for approval for the sale or supply to Iraq. UNMOVIC and/or IAEA will provide to the submitting Mission or United Nations agency through OIP a written explanation of this determination.
9 - If UNMOVIC and/or IAEA determine that the application contains any GRL item(s), they will immediately inform through OIP the submitting Mission or United Nations agency. Pursuant to paragraph 11 below, absent a request by the submitting Mission or United Nations agency for reconsideration within 10 working days, OIP will forward the application containing the GRL item(s) to the 661 Committee for the purpose of evaluating whether the GRL item(s) may be sold or supplied to Iraq. UNMOVIC and/or IAEA will provide to the 661 Committee through OIP a written explanation of this determination. In addition, OIP, UNMOVIC and/or IAEA, at the request of the submitting Mission or United Nations agency, will provide to the 661 Committee an assessment of the humanitarian, economic and security implications, of the approval or denial of the GRL item(s), including the viability of the whole contract in which the GRL item(s) appears and the risk of diversion of the item(s) for military purposes. The assessment provided by OIP to the Committee should be transmitted in parallel by OIP to the submitting Mission or United Nations agency. OIP will immediately inform appropriate United Nations agents of the finding of a GRL item(s) in the application and that the GRL item(s) may not be sold or supplied to Iraq unless otherwise notified by OIP that the procedures set forth in paragraphs 11 or 12 have resulted in approval for sale or supply of the GRL item(s) to Iraq. The remaining items in the application, which are determined as not covered by the GRL, will be considered approved for sale or supply to Iraq and, at the discretion of the submitting Mission or United Nations agency, and with the consent of the contracting parties, will be processed according to the procedure in paragraph 10 below. The relevant approval letter may be issued for such approved items under request from the submitting Mission or United Nations agency.
10 - If UNMOVIC and/or IAEA determine that the application does not contain any item referred to in paragraph 4 above, OIP will inform immediately the Government of Iraq and the submitting Mission or United Nations agency in written form. The exporter will be eligible for payment from the escrow account established pursuant to paragraph 7 of resolution 986 (1995) upon verification by United Nations agents that the items in the application have arrived in Iraq as contracted. OIP and the United Nations Treasury will inform the banks within five working days that the items in the application have arrived in Iraq.
11 - If the Mission or United Nations agency submitting an application disagrees with the determination that an application contains an item(s) covered by paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL, it may request a reconsideration of this decision, based on the provision of technical information and/or explanations not previously included in the application, within 10 working days to OIP. In that event, UNMOVIC and/or IAEA will reconsider the item(s) in accordance with the procedures set out in paragraphs 4 to 6 above. The decision of UNMOVIC and/or IAEA will be final and no further reconsideration will be permitted. UNMOVIC and/or IAEA will provide to the 661 Committee through OIP a written explanation of the final decision of the reconsideration process. Applications shall not be forwarded to the 661 Committee until the reconsideration period has expired without a request being filed.
12 - Upon receipt of an application pursuant to paragraphs 9 or 11 above, the 661 Committee will have 10 working days to determine under existing procedures whether the item(s) may be sold or supplied to Iraq. The Committee may take a decision on an item(s) according to the following options: (a) Approval; (b) Approval subject to conditions as stipulated by the Committee; (c) Denial; (d) Request for additional information. Absent action by the Committee within the 10-working-day period, the application will be considered approved. A Committee member may request additional information. If the additional information is not provided in a 90-day period, the item(s) will be considered supplier-inactive and no further action on the application will be taken until the information is provided. If the requested information is not provided within a further 90 days, the application will be considered lapsed. OIP should notify the submitting Mission or United Nations agency in writing of any change in the status of the application. The Committee will have 20 working days to evaluate the requested additional information once provided by the submitting Mission or United Nations agency. Absent action by the Committee during the 20-working-day period, the item will be considered approved.
13 - Where the 661 Committee does not approve an item(s) for sale or supply to Iraq, the Committee will notify the submitting Mission or United Nations agency with an explanation through OIP accordingly. The submitting Mission or United Nations agency will have 30 working days to petition OIP to have the 661 Committee reconsider its decision based on new information not previously included in the application as reviewed by the 661 Committee. A decision by the 661 Committee on a petition received during this period shall be made within five working days and shall be considered final. Absent such a petition within 30 working days, the item will be considered ineligible for sale or supply to Iraq and OIP will notify the submitting Mission or United Nations agency accordingly.
14 - If an item(s) is found ineligible for sale or supply to Iraq or is considered lapsed, the supplier may submit a new application based on either a new or an amended contract, and the new application will be evaluated under the procedures enumerated in this document and will append the original application (for information purposes only and to facilitate review).
15 - If an item(s) is substituted for an item(s) that is either found ineligible for sale or supply to Iraq or is considered lapsed, the new item(s) will be submitted as a new application under the procedures enumerated in this document and will append the original application (for information purposes only and to facilitate review).
16 - Experts from OIP, UNMOVIC and IAEA who evaluate applications should be drawn from the broadest possible geographical base.
17 - The United Nations Secretariat will report to the 661 Committee at the end of each phase on the status of all applications submitted during this period, including contracts recirculated pursuant to paragraph 18 below. The Secretariat will provide to members of the 661 Committee at their request copies of applications approved by OIP, UNMOVIC and IAEA, within three working days after their approval, for information purposes only.
18 - OIP will divide contracts currently on hold into two categories - category A and category B. Category A will contain contracts on hold that have been designated by UNMOVIC as containing item(s) on one or more of the UNSCR resolution 1051 lists. Category A will also contain contracts that were both processed before the Security Council adopted UNSCR resolution 1284 and assessed by one or more members of the Sanctions Committee as containing item(s) on one or more of the UNSCR resolution 1051 lists. OIP will consider contracts in category A to be "returned to the submitting Mission or United Nations agency" and will notify the submitting Mission or United Nations agency accordingly, including national comments if possible. The submitting Mission or United Nations agency may submit a contract in category A as a new application under the GRL procedures. In category B will be all other contracts currently on hold. Contracts in category B will be recirculated by OIP under the GRL procedures. OIP will append the original committee registration number and national comments, for information purposes only, to any recirculated contracts. OIP should start this recirculation procedure within 60 days of adoption of this resolution and should complete the recirculation process within 60 days thereafter.
S/RES/1410 Establishment of UN Mission of Support in East Timor
Date: 17 May 2002 Meeting: 4534
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on the situation in East Timor, in particular resolutions 1272 (1999) of 25 October 1999, 1338 (2001) of 31 January 2001 and 1392 (2002) of 31 January 2002, and the relevant statements of its President, in particular that of 31 October 2001 (S/PRST/2001/32),
Commending the courage and vision of the people of East Timor in bringing East Timor to the point of independence by peaceful and democratic means,
Paying tribute to the dedication and professionalism of the United Nations Transitional Administration in East Timor (UNTAET) and to the leadership of the Special Representative of the Secretary-General in assisting the people of East Timor in the transition towards independence,
Reiterating its welcome for the successful and peaceful election for the Constituent Assembly held on 30 August 2001 and the election for the President held on 14 April 2002,
Welcoming the commitment by the elected leaders of East Timor to lead their country in solidarity, welcoming also the steps they have taken so far to establish good relations with neighbouring States, and recognizing the primary responsibility of the people of East Timor for nation building,
Noting that the emerging institutions in East Timor remain fragile and that in the period immediately after independence assistance will be required to ensure sustained momentum in the development and strengthening of East Timor’s infrastructure, public administration, law enforcement and defence capacities,
Noting with concern the assessment of the Secretary-General of the difficulties which have had a negative impact on the effectiveness of the judicial system in East Timor, and calling on all relevant parties to work towards progress in this area,
Having considered the report of the Secretary-General of 17 April 2002 (S/2002/432),
Welcoming his recommendation that a successor mission to UNTAET be established for a period of two years,
Taking note also of the joint letter from the President-elect of East Timor and the Chief Minister of East Timor to the President of the Security Council of 20 April 2002,
Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Welcoming the Secretary-General’s intention to appoint the Resident Coordinator of the United Nations Development Programme as his deputy Special Representative and underlining the importance of a smooth transition of the United Nations role towards traditional development assistance,
Welcoming and encouraging efforts by the United Nations to sensitize international personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,
Recognizing the importance of a gender perspective in peacekeeping operations,
Noting the existence of challenges to the short and long-term security and stability of an independent East Timor and determining that ensuring the security of the boundaries of East Timor and preserving its internal and external stability is necessary for the maintenance of peace and security in the region,
1. Decides to establish, as of 20 May 2002 and for an initial period of 12 months, a United Nations Mission of Support in East Timor (UNMISET);
2. Decides also that the mandate of UNMISET shall consist of the following elements:
(a) To provide assistance to core administrative structures critical to the viability and political stability of East Timor;
(b) To provide interim law enforcement and public security and to assist in the development of a new law enforcement agency in East Timor, the East Timor Police Service (ETPS);
(c) To contribute to the maintenance of the external and internal security of East Timor;
3. Decides that UNMISET will be headed by a Special Representative of the Secretary-General and will consist of:
(a) A civilian component comprising an office of the Special Representative of the Secretary-General with focal points for gender and HIV/AIDS, a Civilian Support Group of up to 100 personnel filling core functions, a Serious Crimes Unit and a Human Rights Unit;
(b) A civilian police component initially comprised of 1,250 officers;
(c) A military component with an initial strength of up to 5,000 troops including 120 military observers;
4. Requests UNMISET to give full effect to the following three Programmes of the Mandate Implementation Plan as set out in section III A 3 of the report of the Secretary-General:
(a) Stability, Democracy and Justice;
(b) Public Security and Law Enforcement;
(c) External Security and Border Control;
5. Decides that internationally accepted human rights principles should form an integral part of training and capacity building carried out by UNMISET under operative paragraph 2 of this resolution;
6. Authorizes UNMISET, under Chapter VII of the Charter of the United Nations, to take the necessary actions, for the duration of its mandate, to fulfil its mandate, and decides to review this issue and all other aspects of UNMISET’S mandate after 12 months;
7. Decides that progress towards achievement of the milestones of the Mandate Implementation Plan should be kept under review and that downsizing of UNMISET should proceed as quickly as possible, after careful assessment of the situation on the ground;
8. Decides further that UNMISET will, over a period of two years, fully devolve all operational responsibilities to the East Timorese authorities as soon as is feasible, without jeopardizing stability;
9. Urges Member States and international agencies and organizations to provide support as requested by the Secretary-General, in particular in support of the full establishment of the ETPS and the East Timor Defence Force;
10. Underlines that further United Nations assistance to East Timor should be coordinated with the efforts of bilateral and multilateral donors, regional mechanisms, non-governmental organizations, private sector organizations and other actors from within the international community;
11. Calls for the rapid conclusion of and full observance of the agreements and arrangements necessary to give effect to the mandate of UNMISET, including a Status of Forces Agreement, and command and control arrangements which will operate in accordance with standard procedures of the United Nations;
12. Welcomes the progress made in resolving pending bilateral issues between Indonesia and East Timor, and stresses the critical importance of cooperation between these two Governments, as well as cooperation with UNMISET, in all aspects, including in implementation of the relevant elements of this and other resolutions, in particular by working together to secure agreement on the issue of border demarcation, by ensuring that those responsible for serious crimes committed in 1999 are brought to justice, by helping ensure repatriation or resettlement of refugees currently in Indonesia and by continuing to work together to curb criminal activities, in all their forms, including by militia elements, in the border area;
13. Requests the Secretary-General to keep the Council closely and regularly informed of progress towards the implementation of this resolution including, in particular, with regard to progress towards achievement of the milestones in the Mandate Implementation Plan, and to submit a report within six months of the date of adoption of this resolution and every six months thereafter;
14. Decides to remain actively seized of the matter.
S/RES/1411 Amendment of statutes of international tribunals
Date: 17 May 2002 Meeting: 4535
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998 and 1329 (2000) of 30 November 2000,
Recognizing that persons who are nominated for, or who are elected or appointed as, judges of the International Tribunal for the Former Yugoslavia or of the International Tribunal for Rwanda may bear the nationalities of two or more States,
Being aware that at least one such person has already been elected a judge of one of the International Tribunals,
Considering that, for the purposes of membership of the Chambers of the International Tribunals, such persons should be regarded as bearing solely the nationality of the State in which they ordinarily exercise civil and political rights,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to amend article 12 of the Statute of the International Tribunal for the Former Yugoslavia and to replace that article with the provisions set out in annex I to this resolution;
2. Decides also to amend article 11 of the Statute of the International Tribunal for Rwanda and to replace that article with the provisions set out in annex II to this resolution;
3. Decides to remain actively seized of the matter.
Annex I
Article 12
Composition of the Chambers
1. The Chambers shall be composed of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of nine ad litem independent judges appointed in accordance with article 13 ter, paragraph 2, of the Statute, no two of whom may be nationals of the same State.
2. Three permanent judges and a maximum at any one time of six ad litem judges shall be members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may be divided into sections of three judges each, composed of both permanent and ad litem judges. A section of a Trial Chamber shall have the same powers and responsibilities as a Trial Chamber under the Statute and shall render judgement in accordance with the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.
Annex II
Article 11
Composition of the Chambers
1. The Chambers shall be composed of sixteen independent judges, no two of whom may be nationals of the same State, who shall serve as follows:
(a) Three judges shall serve in each of the Trial Chambers;
(b) Seven judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members.
2. A person who for the purposes of membership of the Chambers of the International Tribunal for Rwanda could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.
S/RES/1412 Suspension of travel restrictions for UNITA officials
Date: 17 May 2002 Meeting: 4536
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 696 (1991) of 30 May 1991, 864 (1993) of 15 September 1993 and all subsequent resolutions, in particular resolution 1127 (1997) of 28 August 1997,
Recalling the statement of its President of 28 March 2002 (S/PRST/2002/7), which, in particular, expressed its readiness to consider appropriate and specific exemptions from and amendments to the measures imposed by paragraph 4 (a) of resolution 1127 (1997),
Welcoming the historic step taken by the Government of Angola and União Nacional para a Independência Total de Angola (UNITA), on 4 April 2002, in signing the Memorandum of Understanding Addendum to the Lusaka Protocol for the Cessation of Hostilities and the Resolution of the Outstanding Military Issues under the Lusaka Protocol (S/1994/1441, annex),
Welcoming in particular the efforts of the Government of Angola to restore peaceful and secure conditions in the country, to re-establish effective administration and the efforts of all Angolans to promote national reconciliation,
Reaffirming its commitment to preserve the sovereignty and territorial integrity of Angola,
Emphasizing the importance of the full implementation of the “Acordos de Paz”, the Lusaka Protocol, and the relevant United Nations Security Council resolutions, in close cooperation with the United Nations and the Troika of Observers,
Reaffirming the need for UNITA to cooperate fully with the demobilization and quartering of UNITA soldiers and their reintegration into the armed forces, police and civil society of Angola, as specified in the Memorandum of Understanding,
Recognizing the need for the facilitation of travel by UNITA members for the peace process and national reconciliation to advance, including to enable UNITA’s reorganization, with the goal of rapid reintegration into national life and fulfilment of all peace accords,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the measures imposed by paragraphs 4 (a) and (b) of resolution 1127 (1997) are suspended for a period of ninety days from the date of adoption of this resolution;
2. Decides that prior to the end of this period the Council will decide whether to extend the suspension of the measures referred to in paragraph 1 above, taking into account all available information, including from the Government of Angola, on the continuing progress of the process of national reconciliation in Angola;
3. Decides to remain actively seized of the matter.
S/RES/1413 Extension of Afghanistan Security Force
Date: 23 May 2002 Meeting: 4541
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on Afghanistan, in particular its resolution 1386 (2001) of 20 December 2001,
Reaffirming also its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Supporting international efforts to root out terrorism, in keeping with the Charter of the United Nations, and reaffirming also its resolutions 1368 (2001) of 12 September 2001 and 1373 (2001) of 28 September 2001,
Recognizing that the responsibility for providing security and law and order throughout the country resides with the Afghans themselves, and welcoming in this respect the cooperation of the Afghan Interim Authority with the International Security Assistance Force,
Expressing its appreciation to the United Kingdom of Great Britain and Northern Ireland for taking the lead in organizing and commanding the International Security Assistance Force and recognizing with gratitude the contributions of many nations to the International Security Assistance Force,
Welcoming the letter from the Foreign Minister of Turkey to the Secretary-General of 7 May 2002 (S/2002/568), and taking note of Turkey’s offer contained therein to assume the lead in commanding the International Security Assistance Force,
Recalling the letter dated 19 December 2001 from Dr. Abdullah Abdullah to the President of the Security Council (S/2001/1223),
Determining that the situation in Afghanistan still constitutes a threat to international peace and security,
Determined to ensure the full implementation of the mandate of the International Security Assistance Force, in consultation with the Afghan Interim Authority and its successors established by the Bonn Agreement,
Acting for these reasons under Chapter VII of the Charter of the United Nations,
1. Decides to extend the authorization, for a period of six months beyond 20 June 2002, of the International Security Assistance Force, as defined in resolution 1386 (2001);
2. Authorizes the Member States participating in the International Security Assistance Force to take all necessary measures to fulfil the mandate of the International Security Assistance Force;
3. Calls upon Member States to contribute personnel, equipment and other resources to the International Security Assistance Force, and to make contributions to the Trust Fund established pursuant to resolution 1386 (2001);
4. Requests the leadership of the International Security Assistance Force to provide monthly reports on implementation of its mandate, through the Secretary-General;
5. Decides to remain actively seized of the matter.
S/RES/1414 Admission of East Timor
Date: 23 May 2002 Meeting: 4542
Vote: Unanimous
The Security Council,
Having examined the application of the Democratic Republic of East Timor for admission to the United Nations (S/2002/558),
Recommends to the General Assembly that the Democratic Republic of East Timor be admitted to membership in the United Nations.
S/RES/1415 Extension of UNDisengagement Observer Force
Date: 30 May 2002 Meeting: 4546
Vote: Unanimous
The Security Council,
Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force of 17 May 2002 (S/2002/542), and also reaffirming its resolution 1308 (2000) of 17 July 2000,
1. Calls upon the parties concerned to implement immediately its resolution 338 (1973) of 22 October 1973;
2. Decides to renew the mandate of the United Nations Disengagement Observer Force for a period of seven months, that is, until 31 December 2002;
3. Requests the Secretary-General to submit, at the end of this period, a report on the developments in the situation and the measures taken to implement resolution 338 (1973).
S/RES/1416 Extension of UNPeacekeeping Force in Cyprus
Date: 13 June 2002 Meeting: 4551
Vote: Unanimous
The Security Council,
Welcoming the report of the Secretary-General of 30 May 2002 (S/2002/590) on the United Nations operation in Cyprus, and in particular the call to the parties to assess and address the humanitarian issue of missing persons with due urgency and seriousness,
Noting that the Government of Cyprus has agreed that in view of the prevailing conditions in the island it is necessary to keep the United Nations Peacekeeping Force in Cyprus (UNFICYP) beyond 15 June 2002,
Welcoming and encouraging efforts by the United Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,
1. Reaffirms all its relevant resolutions on Cyprus, and in particular resolution 1251 (1999) of 29 June 1999 and subsequent resolutions;
2. Decides to extend the mandate of UNFICYP for a further period ending 15 December 2002;
3. Requests the Secretary-General to submit a report by 1 December 2002 on the implementation of this resolution;
4. Urges the Turkish Cypriot side and Turkish forces to rescind the restrictions imposed on 30 June 2000 on the operations of the UNFICYP and to restore the military status quo ante of Strovilia;
5. Decides to remain actively seized of the matter.
S/RES/1417 Extension of UNOrganization Mission in the Democratic Republic of the Congo
Date: 14 June 2002 Meeting: 4554
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and statements by its President regarding the Democratic Republic of the Congo, in particular resolution 1355 of 15 June 2001,
Reaffirming the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo and of all other States in the region,
Reaffirming further the obligation of all States to refrain from the use of force against the territorial integrity and political independence of any State, or in any other manner inconsistent with the purposes and principles of the United Nations,
Reaffirming also the sovereignty of the Democratic Republic of the Congo over its natural resources, and, in this respect, looking forward to receiving the report by the Panel of Experts on the illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo and the link between the exploitation and the continuation of the conflict,
Recalling the responsibilities of all parties to cooperate in the full deployment of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC),
Acknowledging the positive role of the Facilitator and of the President of South Africa in the conduct of the Inter-Congolese Dialogue in Sun City, South Africa,
Taking note of the idea of a curtain of troops, which was raised during the Security Council mission to the Great Lakes region, and encouraging the Secretary-General, if asked to do so by the parties, to instruct MONUC to facilitate the development of this idea, with a view to possible support to its implementation, including by sending observers,
Recognizing the importance of electoral support in achieving governmental transition in the Democratic Republic of the Congo, and expressing its intention, once an all-inclusive transitional Government is in place, to consider the role the international community, in particular MONUC, might play in support to the electoral process,
Underlining that the main responsibility for resolving the conflict rests with the parties,
Taking note of the Secretary-General’s report of 5 June 2002 (S/2002/621) and its recommendations,
Determining that the situation in the Democratic Republic of the Congo continues to pose a threat to international peace and security in the region,
1. Decides to extend the mandate of MONUC until 30 June 2003;
2. Calls upon Member States to contribute personnel to enable MONUC to reach its authorized strength of 5,537, including observers, within the time frame outlined in its concept of operation;
3. Takes note of the recommendation by the Secretary-General for a troop ceiling increase and expresses its intention to consider authorizing it as soon as further progress has been achieved and the steps referred to in paragraph 12 of resolution 1376 (2001) of 9 November 2001 have been taken;
4. Condemns ethnically and nationally based calls for violence and the killings and attacks against civilians and soldiers that followed the events that took place on 14 May and thereafter in Kisangani, looks forward to receiving the joint report and recommendations by MONUC and the Office of the High Commissioner for Human Rights on the violence in Kisangani, and reiterates that it holds the Rassemblement Congolais pour la Democratie-Goma, as the de facto authority, responsible to bring to an end all extrajudicial executions, human rights violations and arbitrary harassment of civilians in Kisangani, and all other areas under RCD-Goma’s control, and that it demands the demilitarization of Kisangani;
5. Condemns the exploitation of ethnic differences in order to incite or carry out violence or human rights violations, deplores the humanitarian impact of such abuse, and in this regard expresses particular concern at the situation in the Ituri region and in South Kivu, in particular in the Hauts Plateaux, and calls on the de facto authorities in the regions affected to ensure the protection of civilians and the rule of law;
6. Reiterates its full support for the Special Representative of the Secretary-General and for all the dedicated MONUC personnel who operate in challenging conditions, demands that RCD-Goma provide full access and lift all restrictions on MONUC personnel, and fully cooperate with MONUC in the implementation of its mandate, and urges Rwanda to exert its influence to have RCD-Goma meet without delay all its obligations;
7. Recalling paragraph 8 of resolution 1291 (2000) of 24 February 2000 and paragraph 19 of resolution 1341 (2001) of 22 February 2001, supports the steps outlined in paragraphs 25 and 71 of the Secretary-General’s report (S/2002/621) and reaffirms MONUC’s mandate to take the necessary action in the areas of deployment of its armed units and as it deems it within its capabilities:
– to protect United Nations and co-located Joint Military Commission personnel, facilities, installations and equipment,
– to ensure the security and freedom of movements of its personnel,
– and to protect civilians under imminent threat of physical violence;
8. Requests MONUC to proceed expeditiously in the deployment of the additional 85 police trainers to Kisangani as endorsed in the statement of its President dated 24 May 2002, once MONUC determines that the necessary security conditions are in place;
9. Supports MONUC’s role in Disarmament, Demobilization, Repatriation, Resettlement, and Reintegration (DDRRR) as authorized in relevant Security Council resolutions, welcomes its deployment to Kisangani and Kindu, encourages it to move quickly to respond to any signs of interest in voluntary DDRRR by uncontrolled armed groups in the eastern parts of the Democratic Republic of the Congo, within its current means, and calls for the full cooperation of all the parties on DDRRR, including on the DDRRR of the ex-combatants of Kamina, and for the provision of the necessary planning information referred to in paragraph 12 (ii) of resolution 1376 (2001);
10. Welcomes the commitments made by the President of the Democratic Republic of the Congo, during the Security Council mission to the Great Lakes, not to support the armed groups referred to in Annex A, Chapter 9.1 of the Lusaka Ceasefire Agreement and regarding the cooperation with the International Criminal Tribunal for Rwanda and, in this regard, urges the Government of the Democratic Republic of the Congo fully to implement these commitments and urgently to take all necessary steps to ensure that its territory is not used to support these armed groups;
11. Stresses that the reduction in the number of foreign forces in the territory of the Democratic Republic of the Congo is encouraging, demands the total and expeditious withdrawal of all foreign forces, in accordance with its previous resolutions, without which the conflict cannot be resolved, and, in this regard, reiterates that all parties must transmit to MONUC, in accordance with the Lusaka Ceasefire Agreement and Security Council resolutions, in particular resolution 1376 (2001), the plans and timetables for the total withdrawal of their troops from the territory of the Democratic Republic of the Congo;
12. Encourages the parties, especially the Government of the Democratic Republic of the Congo and the Government of Rwanda, to address the fundamental security issues at the heart of the conflict and, in this context, to explore the scope for further confidence-building measures, such as the idea discussed during the Security Council mission to the Great Lakes region of a curtain of troops, as an interim measure aimed at ensuring border security in the final stages of withdrawal, and encourages the parties to follow up on their initial positive reaction and develop this idea;
13. Reiterates its support for the Inter-Congolese Dialogue and encourages the Government of the Democratic Republic of the Congo, Mouvement pour la Libération du Congo (MLC) and RCD-Goma to hold new discussions as soon as possible, in good faith, and without precondition, taking into account the progress in the Inter-Congolese Dialogue achieved in Sun City, in order to reach an all-inclusive agreement on the political transition, with the support of all the Congolese parties to the Inter-Congolese Dialogue;
14. While reaffirming that the primary responsibility for this dialogue lies with the Congolese themselves, stresses the importance of a strong United Nations role in support of this process and, in this respect, supports the efforts of the newly appointed Special Envoy of the Secretary-General, Mr. Mustapha Niasse;
15. Requests all parties and relevant States to extend their full cooperation to the Panel of Experts on the illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo and the link between the exploitation and the continuation of the conflict;
16. Requests the Secretary-General to report at least every four months to the Council on progress on the implementation of this resolution;
17. Decides to remain actively seized of the matter.
S/RES/1418 Extension of UNMission in Bosnia and Herzegovina
Date: 21 June 2002 Meeting: 4558
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, in particular resolution 1357 (2001) of 21 June 2001,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of its resolution 1357 (2001) shall continue in force until 30 June 2002;
2. Decides to remain seized of the matter.
S/RES/1419 Commendation of Afghan people on successful emergency meeting
Date: 26 June 2002 Meeting: 4560
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on Afghanistan, in particular its resolution 1383 (2001) of 6 December 2001,
Reaffirming also its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Reaffirming also its strong commitment to help the people of Afghanistan to bring to an end the tragic conflicts in Afghanistan and promote lasting peace, stability, and respect for human rights,
Reaffirming also its strong support for international efforts to root out terrorism, in keeping with the Charter of the United Nations, and reaffirming also its resolutions 1368 (2001) of 12 September 2001 and 1373 (2001) of 28 September 2001,
Reiterating its endorsement of the Agreement on Provisional Arrangements in Afghanistan Pending the Re-establishment of Permanent Government Institutions, signed in Bonn on 5 December 2001 (S/2001/1154) (the Bonn Agreement), and welcoming initial steps for its implementation, including the establishment of the Human Rights and Judicial Commissions,
1. Welcomes the successful and peaceful holding, from 11 June to 19 June, of the Emergency Loya Jirga opened by former King Mohammed Zaher, the “Father of the Nation”, and notes with particular satisfaction the large participation of women, as well as the representation of all ethnic and religious communities;
2. Commends the Afghan people for the success of the Emergency Loya Jirga and encourages them to continue to exercise their inalienable right to determine freely their own political future;
3. Welcomes the election, by the Emergency Loya Jirga, of the Head of State, President Hamid Karzai, and the establishment of the Transitional Authority;
4. Reiterates its strong support for the Transitional Authority in the full implementation of the Bonn Agreement, including the establishment of a Constitutional Commission, and in strengthening the central government, building a national army and police force, implementing demobilization/reintegration activities and improving the security situation throughout Afghanistan, combating illicit drug trafficking, ensuring respect for human rights, implementing judicial sector reform, establishing the basis for a sound economy and reconstructing productive capacity and infrastructure;
5. Calls on all Afghan groups, in this regard, to cooperate fully with the Transitional Authority in order to complete the process according to the Bonn Agreement and to implement the decisions of the Emergency Loya Jirga;
6. Urges the Transitional Authority to build on efforts of the Interim Administration to eradicate the annual poppy crop;
7. Urges also the Transitional Authority to build further on efforts of the Interim Administration to promote the welfare and interests of Afghan women and children and to provide education to boys and girls;
8. Commends the role of the United Nations system in support of efforts by the Afghans, reiterates its strong support for the Special Representative of the Secretary-General, Mr. Lakhdar Brahimi, and the staff of the United Nations Assistance Mission in Afghanistan (UNAMA), and reaffirms its endorsement of the full authority of the Special Representative of the Secretary-General, in accordance with its relevant resolutions, over the planning and conduct of all United Nations activities in Afghanistan;
9. Commends also the contribution of the International Security Assistance Force (ISAF) in providing a secure environment for the Emergency Loya Jirga;
10. Stresses once again the importance of continued international support to complete the process according to the Bonn Agreement, calls upon donor countries that pledged financial aid at the Tokyo conference to fulfil their commitments promptly and calls upon all Member States to support the Transitional Authority and to provide long-term assistance, as well as current budget support, for the current expenses of the Transitional Authority, and for the social and economic reconstruction and rehabilitation of Afghanistan as a whole;
11. Calls for significantly greater and more rapid international assistance to the vast number of Afghan refugees and internally displaced persons to facilitate their orderly return and effective reintegration into society in order to contribute to the stability of the entire country;
12. Calls upon all Afghan groups to support full and unimpeded access by humanitarian organizations to people in need and to ensure the safety and security of humanitarian workers;
13. Decides to remain actively seized of the matter.
S/RES/1420 Extension of UNMission in Bosnia and Herzegovina
Date: 30 June 2002 Meeting: 4564
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, in particular its resolutions 1357 (2001) of 21 June 2001 and 1418 (2002) of 21 June 2002,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of its resolution 1357 (2001) shall continue in force until 3 July 2002;
2. Decides to remain seized of the matter.
S/RES/1421 Extension of UNMission in Bosnia and Herzegovina
Date: 3 July 2002 Meeting: 4566
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, in particular its resolutions 1357 (2001) of 21 June 2001, 1418 (2002) of 21 June 2002 and 1420 (2002) of 30 June 2002,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of its resolution 1357 (2001) shall continue in force until 15 July 2002;
2. Decides to remain seized of the matter.
S/RES/1422 Limiting jurisdiction of International Criminal Court
Date: 12 July 2002 Meeting: 4572
Vote: Unanimous
The Security Council,
Taking note of the entry into force on 1 July 2002, of the Statute of the International Criminal Court (ICC), done at Rome 17 July 1998 (the Rome Statute),
Emphasizing the importance to international peace and security of United Nations operations,
Noting that not all States are parties to the Rome Statute,
Noting that States Parties to the Rome Statute have chosen to accept its jurisdiction in accordance with the Statute and in particular the principle of complementarity,
Noting that States not Party to the Rome Statute will continue to fulfil their responsibilities in their national jurisdictions in relation to international crimes,
Determining that operations established or authorized by the United Nations Security Council are deployed to maintain or restore international peace and security,
Determining further that it is in the interests of international peace and security to facilitate Member States’ ability to contribute to operations established or authorized by the United Nations Security Council,
Acting under Chapter VII of the Charter of the United Nations,
1. Requests, consistent with the provisions of Article 16 of the Rome Statute, that the ICC, if a case arises involving current or former officials or personnel from a contributing State not a Party to the Rome Statute over acts or omissions relating to a United Nations established or authorized operation, shall for a twelve-month period starting 1 July 2002 not commence or proceed with investigation or prosecution of any such case, unless the Security Council decides otherwise;
2. Expresses the intention to renew the request in paragraph 1 under the same conditions each 1 July for further 12-month periods for as long as may be necessary;
3. Decides that Member States shall take no action inconsistent with paragraph 1 and with their international obligations;
4. Decides to remain seized of the matter.
S/RES/1423 Extension of UNMission in Bosnia and Herzegovina
Date: 12 July 2002 Meeting: 4573
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, including resolutions 1031 (1995) of 15 December 1995, 1035 (1995) of 21 December 1995, 1088 (1996) of 12 December 1996, 1144 (1997) of 19 December 1997, 1168 (1998) of 21 May 1998, 1174 (1998) of 15 June 1998, 1184 (1998) of 16 July 1998, 1247 (1999) of 18 June 1999, 1305 (2000) of 21 June 2000, 1357 (2001) of 21 June 2001, and 1396 (2002) of 5 March 2002,
Reaffirming its commitment to the political settlement of the conflicts in the former Yugoslavia, preserving the sovereignty and territorial integrity of all States there within their internationally recognized borders,
Welcoming the arrival in Bosnia and Herzegovina on 27 May 2002 of the new High Representative, looking forward to working closely with him, and emphasizing its full support for the High Representative’s continued role,
Underlining its commitment to support the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto (collectively the Peace Agreement, S/1995/999, annex), as well as the relevant decisions of the Peace Implementation Council (PIC),
Emphasizing its appreciation to the High Representative, the Commander and personnel of the multinational stabilization force (SFOR), the Special Representative of the Secretary-General and the personnel of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), including the Commissioner and personnel of the International Police Task Force (IPTF), the Organization for Security and Cooperation in Europe (OSCE), and the personnel of other international organizations and agencies in Bosnia and Herzegovina for their contributions to the implementation of the Peace Agreement,
Welcoming the decision by the Council of Europe inviting Bosnia and Herzegovina to become a member and expressing its understanding that Bosnia and Herzegovina will commit itself to make progress towards fully meeting the standards of a modern democracy as a multi-ethnic, multicultural and united society,
Welcoming recent progress in effecting the decision of the Constitutional Court and calling upon all to support swift implementation of constitutional amendments in both entities of Bosnia and Herzegovina, which is critical to the establishment of stable democratic and multi-ethnic political and administrative institutions necessary for the implementation of the Peace Agreement,
Welcoming the positive steps of the Governments of the Republic of Croatia and the Federal Republic of Yugoslavia towards fulfilling their continuing obligations as signatories of the Peace Agreement, strengthening their bilateral relations with Bosnia and Herzegovina and their increasing cooperation with all relevant international organizations in implementing the Peace Agreement,
Emphasizing that a comprehensive and coordinated return of refugees and displaced persons throughout the region continues to be crucial to lasting peace,
Recalling the declarations of the Ministerial meetings of the Peace Implementation Conference,
Noting the reports of the High Representative, including his latest report of 13 May 2002 (S/2002/547),
Having considered the report of the Secretary-General of 5 June 2002 (S/2002/618) and welcoming the UNMIBH Mandate Implementation Plan,
Determining that the situation in the region continues to constitute a threat to international peace and security,
Determined to promote the peaceful resolution of the conflicts in accordance with the purposes and principles of the Charter of the United Nations,
Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President of 10 February 2000 (S/PRST/2000/4),
Welcoming and encouraging efforts by the United Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,
Acting under Chapter VII of the Charter of the United Nations,
I
1. Reaffirms once again its support for the Peace Agreement, as well as for the Dayton Agreement on implementing the Federation of Bosnia and Herzegovina of 10 November 1995 (S/1995/1021, annex), calls upon the parties to comply strictly with their obligations under those Agreements, and expresses its intention to keep the implementation of the Peace Agreement, and the situation in Bosnia and Herzegovina, under review;
2. Reiterates that the primary responsibility for the further successful implementation of the Peace Agreement lies with the authorities in Bosnia and Herzegovina themselves and that the continued willingness of the international community and major donors to assume the political, military and economic burden of implementation and reconstruction efforts will be determined by the compliance and active participation by all the authorities in Bosnia and Herzegovina in implementing the Peace Agreement and rebuilding a civil society, in particular in full cooperation with the International Tribunal for the Former Yugoslavia, in strengthening joint institutions, which foster the building of a fully functioning self-sustaining state, able to integrate itself into the European structures and in facilitating returns of refugees and displaced persons;
3. Reminds the parties once again that, in accordance with the Peace Agreement, they have committed themselves to cooperate fully with all entities involved in the implementation of this peace settlement, as described in the Peace Agreement, or which are otherwise authorized by the Security Council, including the International Tribunal for the Former Yugoslavia, as it carries out its responsibilities for dispensing justice impartially, and underlines that full cooperation by States and entities with the International Tribunal includes, inter alia, the surrender for trial of all persons indicted by the Tribunal and provision of information to assist in Tribunal investigations;
4. Emphasizes its full support for the continued role of the High Representative in monitoring the implementation of the Peace Agreement and giving guidance to and coordinating the activities of the civilian organizations and agencies involved in assisting the parties to implement the Peace Agreement, and reaffirms that the High Representative is the final authority in theatre regarding the interpretation of Annex 10 on civilian implementation of the Peace Agreement and that in case of dispute he may give his interpretation and make recommendations, and make binding decisions as he judges necessary on issues as elaborated by the Peace Implementation Council in Bonn on 9 and 10 December 1997;
5. Expresses its support for the declarations of the Ministerial meetings of the Peace Implementation Conference;
6. Recognizes that the parties have authorized the multinational force referred to in paragraph 10 below to take such actions as required, including the use of necessary force, to ensure compliance with Annex 1-A of the Peace Agreement;
7. Reaffirms its intention to keep the situation in Bosnia and Herzegovina under close review, taking into account the reports submitted pursuant to paragraphs 18 and 25 below, and any recommendations those reports might include, and its readiness to consider the imposition of measures if any party fails significantly to meet its obligations under the Peace Agreement;
II
8. Pays tribute to those Member States which participated in the multinational stabilization force established in accordance with its resolution 1088 (1996), and welcomes their willingness to assist the parties to the Peace Agreement by continuing to deploy a multinational stabilization force;
9. Notes the support of the parties to the Peace Agreement for the continuation of the multinational stabilization force, set out in the declaration of the Ministerial meeting of the Peace Implementation Conference in Madrid on 16 December 1998 (S/1999/139, annex);
10. Authorizes the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to continue for a further planned period of 12 months the multinational stabilization force (SFOR) as established in accordance with its resolution 1088 (1996) under unified command and control in order to fulfil the role specified in Annex 1-A and Annex 2 of the Peace Agreement, and expresses its intention to review the situation with a view to extending this authorization further as necessary in the light of developments in the implementation of the Peace Agreement and the situation in Bosnia and Herzegovina;
11. Authorizes the Member States acting under paragraph 10 above to take all necessary measures to effect the implementation of and to ensure compliance with Annex 1-A of the Peace Agreement, stresses that the parties shall continue to be held equally responsible for compliance with that Annex and shall be equally subject to such enforcement action by SFOR as may be necessary to ensure implementation of that Annex and the protection of SFOR, and takes note that the parties have consented to SFOR’s taking such measures;
12. Authorizes Member States to take all necessary measures, at the request of SFOR, either in defence of SFOR or to assist the force in carrying out its mission, and recognizes the right of the force to take all necessary measures to defend itself from attack or threat of attack;
13. Authorizes the Member States acting under paragraph 10 above, in accordance with Annex 1-A of the Peace Agreement, to take all necessary measures to ensure compliance with the rules and procedures established by the Commander of SFOR, governing command and control of airspace over Bosnia and Herzegovina with respect to all civilian and military air traffic;
14. Requests the authorities in Bosnia and Herzegovina to cooperate with the Commander of SFOR to ensure the effective management of the airports of Bosnia and Herzegovina, in the light of the responsibilities conferred on SFOR by Annex 1‑A of the Peace Agreement with regard to the airspace of Bosnia and Herzegovina;
15. Demands that the parties respect the security and freedom of movement of SFOR and other international personnel;
16. Invites all States, in particular those in the region, to continue to provide appropriate support and facilities, including transit facilities, for the Member States acting under paragraph 10 above;
17. Recalls all the agreements concerning the status of forces as referred to in Appendix B to Annex 1-A of the Peace Agreement, and reminds the parties of their obligation to continue to comply therewith;
18. Requests the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to continue to report to the Council, through the appropriate channels and at least at monthly intervals;
* *
Reaffirming the legal basis in the Charter of the United Nations on which the IPTF was given its mandate in resolution 1035 (1995),
III
19. Decides to extend the mandate of UNMIBH, which includes the IPTF, for an additional period terminating on 31 December 2002, and also decides that, during that period, the IPTF shall continue to be entrusted with the tasks set out in Annex 11 of the Peace Agreement, including the tasks referred to in the Conclusions of the London, Bonn, Luxembourg, Madrid and Brussels Conferences and agreed by the authorities in Bosnia and Herzegovina;
20. Welcomes the decision of the European Union (EU) to send a Police Mission (EUPM) to Bosnia and Herzegovina from 1 January 2003 as well as the close coordination between the European Union, UNMIBH and the High Representative to ensure a seamless transition and the invitation of the EU to non-EU member States to participate in the EUPM;
21. Requests the Secretary-General to keep the Council regularly informed and to report in six months on the implementation of the mandate of UNMIBH as a whole;
22. Reiterates that the successful implementation of the tasks of the IPTF rests on the quality, experience and professional skills of its personnel, and once again urges Member States, with the support of the Secretary-General, to ensure the provision of such qualified personnel;
23. Reaffirms the responsibility of the parties to cooperate fully with, and to instruct their respective responsible officials and authorities to provide their full support to, the IPTF on all relevant matters;
24. Reiterates its call upon all concerned to ensure the closest possible coordination between the High Representative, SFOR, UNMIBH and the relevant civilian organizations and agencies so as to ensure the successful implementation of the Peace Agreement and of the priority objectives of the civilian consolidation plan, as well as the security of IPTF personnel;
25. Urges Member States, in response to demonstrable progress by the parties in restructuring their law enforcement institutions, to intensify their efforts to provide, on a voluntary-funded basis and in coordination with the IPTF, training, equipment and related assistance for local police forces in Bosnia and Herzegovina;
26. Also requests the Secretary-General to continue to submit to the Council reports from the High Representative, in accordance with Annex 10 of the Peace Agreement and the conclusions of the Peace Implementation Conference held in London on 4 and 5 December 1996 (S/1996/1012), and later Peace Implementation Conferences, on the implementation of the Peace Agreement and in particular on compliance by the parties with their commitments under that Agreement;
27. Decides to remain seized of the matter.
S/RES/1424 Extension of UNMission of Observers in Prevlaka
Date: 12 July 2002 Meeting: 4574
Vote: Unanimous
The Security Council,
Recalling all its earlier relevant resolutions, including resolutions 779 (1992) of 6 October 1992, 981 (1995) of 31 March 1995, 1088 (1996) of 12 December 1996, 1147 (1998) of 13 January 1998, 1183 (1998) of 15 July 1998, 1222 (1999) of 15 January 1999, 1252 (1999) of 15 July 1999, 1285 (2000) of 13 January 2000, 1307 (2000) of 13 July 2000, 1335 (2001) of 12 January 2001, 1357 (2001) of 21 June 2001, 1362 (2001) of 11 July 2001 and 1387 (2002) of 15 January 2002,
Having considered the report of the Secretary-General of 28 June 2002 (S/2002/713) on the United Nations Mission of Observers in Prevlaka (UNMOP),
Reaffirming once again its commitment to the independence, sovereignty and territorial integrity of the Republic of Croatia within its internationally recognized borders,
Noting once again the Joint Declaration signed at Geneva on 30 September 1992 by the Presidents of the Republic of Croatia and the Federal Republic of Yugoslavia, in particular articles 1 and 3 thereof the latter reaffirming their agreement concerning the demilitarization of the Prevlaka peninsula, and the Agreement on Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia of 23 August 1996 (S/1996/706, annex),
Noting with satisfaction that the overall situation in the UNMOP area of responsibility has remained stable and calm, and encouraged by the progress made by the parties in normalizing their bilateral relationship,
Commending the role played by UNMOP, and noting also that the presence of the United Nations military observers continues to be important in maintaining conditions that are conducive to a negotiated settlement of the disputed issue of Prevlaka,
Recalling the relevant principles contained in the Convention of the Safety of the United Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President of 10 February 2000 (S/PRST/2000/4),
1. Authorizes the United Nations military observers to continue monitoring the demilitarization of the Prevlaka peninsula, in accordance with resolutions 779 (1992) and 981 (1995) and paragraphs 19 and 20 of the report of the Secretary-General of 13 December 1995 (S/1995/1028), until 15 October 2002, and requests the Secretary-General to report to the Council prior to this date, as appropriate;
2. Reiterates its calls upon the parties to cease all violations of the demilitarized regime in the United Nations designated zones, to cooperate fully with the United Nations military observers and to ensure their safety and full and unrestricted freedom of movement;
3. Welcomes continuing progress in the normalization of relations between the Governments of the Republic of Croatia and the Federal Republic of Yugoslavia and the establishment of an interstate Border Commission, and urges the parties to accelerate efforts towards a negotiated settlement on the disputed issue of Prevlaka in accordance with article 4 of the Agreement on Normalization of Relations, and expresses its intention to review the duration of the authority given in paragraph 1 above if the parties inform the Council that a negotiated agreement has been reached as described in section V of the report of the Secretary-General of 28 June 2002 (S/2002/713);
4. Decides to remain seized of the matter.
S/RES/1425 Recommendation of panel to study Somalia arms embargo violations
Date: 22 July 2002 Meeting: 4580
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions concerning the situation in Somalia, in particular on the weapon and military equipment embargo established by paragraph 5 of resolution 733 (1992) of 23 January 1992 (hereinafter referred to as the “arms embargo”), resolution 1407 (2002) of 3 May 2002, and the statement of its President of 28 March 2002 (S/PRST/2002/8),
Noting with serious concern the continued flow of weapons and ammunition supplies to and through Somalia from sources outside the country, in contravention of the arms embargo, which is severely undermining peace and security and the political efforts for national reconciliation in Somalia,
Reiterating its call on all States and other actors to comply scrupulously with the arms embargo, and its insistence that all States, in particular those of the region, should not interfere in the internal affairs of Somalia. Such interference only further destabilizes Somalia, contributes to a climate of fear and impacts adversely on human rights, and could jeopardize the sovereignty, territorial integrity, political independence and unity of Somalia,
Underlining the role of the Intergovernmental Authority of Development (IGAD), in particular the frontline States (Djibouti, Ethiopia and Kenya), in bringing lasting peace to Somalia, and expressing its support and expectation that the planned National Reconciliation Conference for Somalia to be held in Nairobi will move forward as a matter of urgency and with the pragmatic and result-oriented involvement of the frontline States,
Welcoming the report of the Secretary-General of 27 June 2002 (S/2002/709) and the report of the expert team appointed by the Secretary-General (S/2002/722), detailing the resources and expertise required for a Panel of Experts to generate independent information on the violations and for improving the enforcement of the arms embargo, in accordance with resolution 1407 (2002),
Acting under Chapter VII of the Charter of the United Nations,
1. Stresses that the arms embargo on Somalia prohibits financing of all acquisitions and deliveries of weapons and military equipment;
2. Decides that the arms embargo prohibits the direct or indirect supply to Somalia of technical advice, financial and other assistance, and training related to military activities;
3. Requests the Secretary-General to establish, within one month from the date of adoption of this resolution, in consultation with the committee established by resolution 751 (1992) of 24 April 1992 (hereinafter referred to as “the Committee”), a Panel of Experts consisting of three members to be based in Nairobi for a period of six months, in order to generate independent information on violations of the arms embargo and as a step towards giving effect to and strengthening the embargo, with the following mandate:
– investigating the violations of the embargo covering access to Somalia by land, air and sea, in particular by pursuing any sources that might reveal information related to violations, including relevant States, intergovernmental organizations and international law enforcement cooperation bodies, non-governmental organizations, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, members of the Transitional National Government, local authorities, political and traditional leaders, civil society and the business community;
– detailing information in relevant areas of expertise related to violations and measures to give effect to and strengthen the arms embargo in its various aspects;
– carrying out field based research, where possible, in Somalia, States neighbouring Somalia and other States, as appropriate;
– assessing the capacity of States in the region to implement fully the arms embargo, including through a review of national customs and border control regimes;
– providing recommendations on possible practical steps and measures for giving effect to and strengthening the arms embargo;
4. Further requests the Secretary-General to ensure that the Panel of Experts comprises, and have access to, sufficient expertise in the areas of armament and financing thereof, civil aviation, maritime transport, and regional affairs, including specialized knowledge of Somalia, in accordance with the resource requirements, administrative and financial arrangements outlined in the report of the expert team pursuant to resolution 1407 (2002);
5. Requests the Panel of Experts in its work in accordance with its mandate to take fully into account the recommendations provided in the report of the experts team pursuant to resolution 1407 (2002), including regarding cooperative arrangements, methodology and issues related to the strengthening of the arms embargo;
6. Requests all States and the Transitional National Government and local authorities in Somalia to cooperate fully with the Panel of Experts in its quest for information in accordance with this resolution, including by facilitating visits to sites and actors and by providing full access to government officials and records, as required by the Panel of Experts;
7. Calls again upon all States, in particular those in the region, to provide the Committee with all available information on violations of the arms embargo;
8. Urges all other individuals and entities contacted by the Panel of Experts to cooperate fully by providing relevant information and facilitating its investigations, including political and traditional leaders, members of the civil society and the business community, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, non-governmental organizations, intergovernmental organizations and international law enforcement cooperation bodies;
9. Requests the Panel of Experts to notify the Security Council immediately, through the Committee, of any lack of cooperation by the States, authorities, individuals and entities referred to in paragraphs 6 and 8 above;
10. Further requests the Panel of Experts to brief the Chairman of the Committee to inform his mission to the region, scheduled for October 2002, and to provide an oral briefing to the Council, through the Committee, in November 2002;
11. Requests the Panel of Experts to submit a final report at the end of its mandated period to the Security Council, through the Committee, for its consideration;
12. Requests the Chairman of the Committee to forward the report of the Panel of Experts, within two weeks of its reception, to the Security Council for its consideration;
13. Expresses its determination to consider the report of the Panel of Experts and any relevant proposals for follow-up action and recommendations on possible practical steps for strengthening the arms embargo;
14. Requests the Secretary-General, in his next report due on 31 October 2002, to include updates on:
– the activities undertaken to coordinate ongoing peace-building initiatives and to provide for their incremental expansion, and on the preparatory activities undertaken on the ground in preparation for a comprehensive peace-building mission once security conditions permit, in accordance with the statement of its President of 28 March 2002;
– the technical assistance and cooperation provided to enhance the administrative and judicial capacities throughout Somalia to contribute to the monitoring of and giving full effect to the arms embargo, in accordance with the statement of its President of 28 March 2002 and resolution 1407 (2002);
– the reporting by States to the Committee on measures they have in place to ensure the full and effective implementation of the arms embargo, in accordance with resolution 1407 (2002);
15. Further requests the Secretary-General to invite Member States to make contributions to the United Nations Trust Fund for Peace-Building in Somalia, acknowledging any pledges already made, and to ensure proper coordination among the involved United Nations agencies in implementing the tasks to be carried out in accordance with the statement of its President of 28 March 2002;
16. Calls on Member States to come forward with contributions to the United Nations activities in support of Somalia, including the Consolidated Inter-Agency Appeal for 2002;
17. Decides to remain actively seized of the matter.
S/RES/1426 Admission of Switzerland
Date: 24 July 2002 Meeting: 4585
Vote: Unanimous
The Security Council,
Having examined the application of the Swiss Confederation for admission to the United Nations (S/2002/801),
Recommends to the General Assembly that the Swiss Confederation be admitted to membership in the United Nations.
S/RES/1427 Extension of UNObserver Mission in Georgia
Date: 29 July 2002 Meeting: 4591
Vote: Unanimous
The Security Council,
Recalling all its relevant resolutions, in particular resolution 1393 (2002) of 31 January 2002,
Having considered the report of the Secretary-General of 10 July 2002 (S/2002/742),
Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,
Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Recalling its condemnation of the shooting down of a helicopter of the United Nations Observer Mission in Georgia (UNOMIG) on 8 October 2001, which resulted in the death of the nine people on board, and deploring the fact that the perpetrators of that attack have still not been identified,
Stressing that the continued lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,
Welcoming the important contributions made by UNOMIG and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) in stabilizing the situation in the zone of conflict, and stressing its attachment to the close cooperation existing between them in the performance of their respective mandates,
Welcoming also the agreement on the extension of the mandate of the CIS peacekeeping force for a new period terminating on 31 December 2002,
1. Welcomes the report of the Secretary-General of 10 July 2002 (S/2002/742);
2. Commends and strongly supports the sustained efforts of the Secretary-General and his Special Representative, with the assistance of the Russian Federation in its capacity as facilitator as well as of the Group of Friends of the Secretary-General and of the OSCE, to promote the stabilization of the situation and the achievement of a comprehensive political settlement, which must include a settlement of the political status of Abkhazia within the State of Georgia;
3. Recalls, in particular, its support for the document on “Basic Principles for the Distribution of Competences between Tbilisi and Sukhumi” and for its letter of transmittal, finalized by, and with the full support of, all members of the Group of Friends;
4. Regrets the lack of progress on the initiation of political status negotiations, and recalls, once again, that the purpose of these documents is to facilitate meaningful negotiations between the parties, under the leadership of the United Nations, on the status of Abkhazia within the State of Georgia, and is not an attempt to impose or dictate any specific solution to the parties;
5. Underlines further that the process of negotiation leading to a lasting political settlement acceptable to both sides will require concessions from both sides;
6. Deeply regrets, in particular, the repeated refusal of the Abkhaz side to agree to a discussion on the substance of this document, again strongly urges the Abkhaz side to receive the document and its transmittal letter, urges both parties thereafter to give them full and open consideration, and to engage in constructive negotiations on their substance, and urges those having influence with the parties to promote this outcome;
7. Calls on the parties to spare no efforts to overcome their ongoing mutual mistrust;
8. Condemns any violations of the provisions of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I), and demands that they cease immediately;
9. Welcomes the decrease of tensions in the Kodori Valley and the intention reaffirmed by the parties to resolve the situation peacefully, recalls its strong support to the protocol signed by the two sides on 2 April 2002 regarding the situation in the Kodori Valley, calls on both sides, and in particular the Georgian side, to continue to fully implement this protocol, and recognizes the legitimate security concerns of the civilian populations in the area, calls on the political leaders in Tbilisi and Sukhumi to observe security agreements, and calls on both sides to spare no efforts to agree a mutually acceptable arrangement for security of the population in, and in the vicinity of, the Kodori Valley;
10. Calls on the Georgian side to continue to improve security for joint UNOMIG and CIS peacekeeping force patrols in the Kodori Valley to enable them to monitor the situation independently and regularly;
11. Strongly urges the parties to ensure the necessary revitalization of the peace process in all its major aspects, to resume their work in the Coordinating Council and its relevant mechanisms, to build on the results of the Yalta meeting on confidence-building measures in March 2001 (S/2001/242), and to implement the proposals agreed on that occasion in a purposeful and cooperative manner;
12. Stresses the urgent need for progress on the question of the refugees and internally displaced persons, calls on both sides to display a genuine commitment to make returns the focus of special attention and to undertake this task in close coordination with UNOMIG, reaffirms the unacceptability of the demographic changes resulting from the conflict, reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration, recalls that the Abkhaz side bears a particular responsibility to protect the returnees and to facilitate the return of the remaining displaced population, and requests further measures to be undertaken inter alia by the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees and the Office for the Coordination of Humanitarian Affairs to create conditions conducive to the return of refugees and internally displaced persons, including through quick-impact projects, to develop their skills and to increase their self-reliance, with full respect for their inalienable right to return to their homes in secure and dignified conditions;
13. Urges once again the parties to implement the recommendations of the joint assessment mission to the Gali district, carried out under the aegis of the United Nations, welcomes the agreement of the parties in this regard to explore the possibility of enhancing support for local law enforcement agencies, and calls in particular on the Abkhaz side to improve law enforcement involving the local population and to address the lack of instruction in their mother tongue for the ethnic Georgian population;
14. Calls on both parties publicly to dissociate themselves from militant rhetoric and demonstrations of support for military options and for the activities of illegal armed groups, and reminds the Georgian side in particular to uphold its commitment to put an end to the activities of illegal armed groups;
15. Calls, once again, on the parties to take all necessary steps to identify those responsible for the shooting down of a UNOMIG helicopter on 8 October 2001 and to bring them to justice and underlines that it is the primary responsibility of both sides to provide appropriate security and to ensure the freedom of movement of UNOMIG, the CIS peacekeeping force and other international personnel;
16. Welcomes constant review by UNOMIG of its security arrangements in order to ensure the highest possible level of security for its staff;
17. Decides to extend the mandate of UNOMIG for a new period terminating on 31 January 2003;
18. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;
19. Decides to remain actively seized of the matter.
S/RES/1428 Extension of UNInterim Force in Lebanon
Date: 30 July 2002 Meeting: 4593
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978) and 426 (1978) of 19 March 1978, 1310 (2000) of 27 July 2000, 1337 (2001) of 30 January 2001, 1365 (2001) of 31 July 2001 and 1391 (2002) of 28 January 2002, as well as the statements of its President on the situation in Lebanon, in particular the statement of 18 June 2000 (S/PRST/2000/21),
Recalling further the letter from its President to the Secretary-General of 18 May 2001 (S/2001/500),
Recalling also the Secretary-General’s conclusion that, as of 16 June 2000, Israel had withdrawn its forces from Lebanon in accordance with resolution 425 (1978) and met the requirements defined in the Secretary-General’s report of 22 May 2000 (S/2000/460), as well as the Secretary-General’s conclusion that United Nations Interim Force in Lebanon (UNIFIL) had essentially completed two of the three parts of its mandate, focusing now on the remaining task of restoring international peace and security,
Emphasizing the interim nature of UNIFIL,
Recalling its resolution 1308 (2000) of 17 July 2000,
Recalling further the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Responding to the request of the Government of Lebanon, as stated in the letter from its Permanent Representative to the United Nations of 9 July 2002 to the Secretary-General (S/2002/739),
1. Endorses the report of the Secretary-General on UNIFIL of 12 July 2002 (S/2002/746), and in particular its recommendation to renew the mandate of UNFIL for a further period of six months;
2. Decides to extend the present mandate of UNIFIL, as recommended by the Secretary-General, for a further period of six months, until 31 January 2003;
3. Requests the Secretary-General to continue to take the necessary measures to implement the reconfiguration of UNIFIL as outlined in his recent reports in accordance with the letter of the President of Security Council of 18 May 2001, in the light of developments on the ground and in consultation with the Government of Lebanon and the troop-contributing countries;
4. Reiterates its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized boundaries;
5. Commends the Government of Lebanon for taking steps to ensure the return of its effective authority throughout the south, including the deployment of Lebanese armed forces, and calls on it to continue these measures;
6. Calls on the parties to ensure UNIFIL is accorded full freedom of movement in the discharge of its mandate throughout its area of operation as outlined in the Secretary-General’s report;
7. Encourages the Government of Lebanon to ensure a calm environment throughout the south;
8. Reiterates its call on the parties to continue to fulfil the commitments they have given to respect fully the withdrawal line identified by the United Nations, as set out in the Secretary-General’s report of 16 June 2000 (S/2000/590), to exercise utmost restraint and to cooperate fully with the United Nations and UNIFIL;
9. Condemns all acts of violence, expresses great concern about the serious breaches and the air, sea and land violations of the withdrawal line, and urges the parties to put an end to these violations and to abide scrupulously by their obligation to respect the safety of the UNIFIL and other United Nations personnel;
10. Supports the continued efforts of UNIFIL to maintain the ceasefire along the withdrawal line through mobile patrols and observation from fixed positions and through close contacts with the parties to correct violations, resolve incidents and prevent their escalation;
11. Welcomes the continued contribution of UNIFIL to operational demining, encourages further assistance in mine action by the United Nations to the Government of Lebanon in support of both the continued development of its national mine action capacity and emergency demining activities in the south, commends donor countries for supporting these efforts through financial and in-kind contributions and welcomes in this regard the establishment of the International Support Group, takes note of the communication to the Government of Lebanon and UNIFIL of maps and information on the location of mines and stresses the necessity to provide the Government of Lebanon and UNIFIL with any additional maps and records on the location of mines;
12. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned on the implementation of this resolution;
13. Requests also the Secretary-General, following appropriate consultations, including with the Government of Lebanon and the troop-contributing countries, to submit to the Council before the end of the present mandate a comprehensive report on the activities of UNIFIL, its technical reconfiguration and the tasks presently carried out by the United Nations Truce Supervision Organization (UNTSO);
14. Looks forward to the early fulfilment of the mandate of UNIFIL;
15. Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East, based on all its relevant resolutions including its resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973.
S/RES/1429 Extension of UNMission for the Referendum in Western Sahara
Date: 30 July 2002 Meeting: 4594
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Western Sahara, in particular resolution 1359 (2001) of 29 June 2001 and resolution 1394 (2002) of 27 February 2002,
Stressing that in view of lack of progress in the settlement of the dispute over Western Sahara the search for a political solution is critically needed,
Concerned that this lack of progress continues to cause suffering to the people of Western Sahara, remains a source of potential instability in the region and obstructs the economic development of the Maghreb region,
Reaffirming its commitment to assist the parties to achieve a just, lasting and mutually acceptable political solution, which would be of benefit to the Maghreb region,
Seeking to alleviate the consequences of conflict in Western Sahara, and accordingly to secure the immediate release of prisoners of war and other detainees, to establish the fate of persons unaccounted for, and to repatriate refugees,
Determined to secure a just, lasting and mutually acceptable political solution which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations,
Expressing continuing full support for the role and work of the Secretary-General and his Personal Envoy,
Commending the parties for their continuing commitment to the ceasefire and welcoming the essential contribution which the United Nations Mission for the Referendum in Western Sahara (MINURSO) is making in that regard,
Having considered the report of the Secretary-General of 19 February 2002 (S/2002/178) and the four options contained therein,
Underlining also the validity of the Settlement Plan, while noting the fundamental differences between the parties in implementing the Plan,
Noting also the fundamental differences with regard to the four options contained in the report of the Secretary-General of 19 February 2002,
1. Continues to support strongly the efforts of the Secretary-General and his Personal Envoy to find a political solution to this long-standing dispute, invites the Personal Envoy to pursue these efforts taking into account the concerns expressed by the parties and expresses its readiness to consider any approach which provides for self-determination that may be proposed by the Secretary-General and the Personal Envoy, consulting, as appropriate, others with relevant experience;
2. Calls upon all the parties and the States of the region to cooperate fully with the Secretary-General and his Personal Envoy;
3. Calls upon the parties to collaborate with the United Nations High Commissioner for Refugees (UNHCR) in the implementation of confidence-building measures, and urges the international community to provide generous support to UNHCR and the World Food Programme in order to help them overcome the deteriorating food situation among the refugees;
4. Calls upon Morocco and the Polisario Front to continue to cooperate with the efforts of the International Committee of the Red Cross to resolve the problem of the fate of all those unaccounted for since the beginning of the conflict;
5. Welcomes the release of 101 Moroccan prisoners of war, and calls upon the Polisario Front to release without further delay all remaining prisoners of war in compliance with international humanitarian law;
6. Decides to extend the mandate of MINURSO until 31 January 2003;
7. Requests the Secretary-General to provide a report on the situation before the end of the present mandate that contains any further proposal from the Secretary-General and his Personal Envoy together with recommendations pertaining to the most appropriate configuration of MINURSO;
8. Decides to remain seized of the matter.
S/RES/1430 Adjustment of United Nations Mission in Ethiopia and Eritrea mandate
Date: 14 August 2002 Meeting: 4600
Vote: Unanimous
The Security Council,
Recalling its relevant resolutions concerning the situation between Eritrea and Ethiopia, in particular resolution 1398 (2002) of 15 March 2002,
Further recalling the report of 27 February 2002 of the Security Council Mission to Ethiopia and Eritrea undertaken in the period 21-25 February 2002 (S/2002/205),
Recalling the Delimitation Decision by the Boundary Commission of 13 April 2002 (S/2002/423), subsequently embraced by the parties as final and binding in accordance with the Comprehensive Peace Agreement signed in Algiers on 12 December 2000 (S/2000/1183),
Reaffirming its strong support for the Comprehensive Peace Agreement and the preceding Agreement on Cessation of Hostilities (S/2000/601), signed in Algiers on 18 June 2000 (hereafter referred to collectively as the “Algiers Agreements”),
Further reaffirming its strong support for the help in implementing the Algiers Agreements continuously provided by the Secretary-General and his Special Representative, including through their good offices, and for the role played by the United Nations Mission in Ethiopia and Eritrea (UNMEE) in the implementation of its mandate thereby contributing towards the completion of the peace process,
Reaffirming the need for both parties to fulfil their obligations under international law, including international humanitarian law, human rights law and refugee law, and to ensure the safety of all personnel of the United Nations, the International Committee of the Red Cross (ICRC) and other humanitarian organizations,
Further reaffirming its strong support for the African Union Liaison Mission in Ethiopia-Eritrea, and inviting the President ad interim of the Commission of the African Union to continue actively the role of the former Organization of African Unity in support of the peace process,
Having considered the report of the Secretary-General of 10 July 2002 (S/2002/744),
1. Decides to adjust the mandate of UNMEE, in order to assist the Boundary Commission in the expeditious and orderly implementation of its Delimitation Decision, to include with immediate effect:
(a) demining in key areas to support demarcation, and
(b) administrative and logistical support for the Field Offices of the Boundary Commission,
in accordance with the recommendations provided by the Secretary-General in paragraphs 13, 14 and 17 of the above report, and resolution 1398 (2002), with the costs of civilian demining contractors and Field Office support to be funded as outlined in paragraphs 14 and 17 of the report;
2. Endorses the technical steps for territorial transfers as a broad framework for the process as recommended by the Secretary-General in his report, and decides to review, as necessary, the implications for UNMEE in this regard, while strongly urging the parties to provide their full and prompt cooperation in the process with a view to ensuring an expeditious transition for the benefit of the affected populations;
3. Calls on the parties to cooperate fully and expeditiously with UNMEE in the implementation of its mandate, as adjusted through this resolution, by abiding scrupulously by the letter and spirit of their agreements, and by resolving all outstanding issues in accordance with the Algiers Agreements;
4. Encourages the parties to continue cooperating, fully and expeditiously, with UNMEE on providing the information and maps required by the Mission for the demining process;
5. Calls on the parties to cooperate fully and promptly with the Boundary Commission, including by implementing without conditions its binding Demarcation Directions, by abiding promptly by all its Orders, including the two issued on 17 July 2002 (S/2002/853), and by taking all steps necessary to ensure the personal security of the staff of the Commission when operating in territories under their control;
6. Appeals to the parties to exercise restraint, and emphasizes that in accordance with article 14 of the Agreement on Cessation of Hostilities, the security arrangements are to remain in effect, and that, accordingly, arrangements for the separation of forces, as achieved by the Temporary Security Zone and through the contributions of UNMEE, will continue to be of key importance;
7. Calls on the parties to refrain from unilateral troop or population movements, including establishment of any new settlements in areas near the border, until demarcation and orderly transfer of territorial control has been accomplished, in accordance with article 4.16 of the Comprehensive Peace Agreement;
8. Demands that the parties allow UNMEE full freedom of movement and remove with immediate effect any and all restrictions on, and impediments to the work of, UNMEE and its staff in the discharge of its mandate;
9. Expresses its disappointment that there has been no progress regarding the establishment of a direct high-altitude flight route for UNMEE between Asmara and Addis Ababa, given the importance to the demarcation process of a direct flight route, and renews its appeal to the parties to work with the Special Representative of the Secretary-General in a spirit of compromise to settle the issue for the mutual benefit of all;
10. Calls again on the parties to release and return without further delay all remaining prisoners of war and civilian internees under the auspices of the International Committee of the Red Cross in accordance with the Geneva Conventions and the Algiers Agreements;
11. Further calls on the parties to increase their efforts to take other measures that will build confidence and promote reconciliation between the two peoples for their mutual benefit, including in particular the areas listed in paragraph 14 of resolution 1398 (2002);
12. Encourages the guarantors, facilitators and witnesses of the Algiers Agreements and the Friends of UNMEE to intensify their contacts with the authorities of both countries with the view to contribute to an expeditious demarcation process;
13. Strongly emphasizes the importance of an expeditious and orderly demarcation process in order to further peace and normalize the relations between the parties, to enable displaced persons to return home and in order for the parties to move completely beyond the border issue and pave the way for reconstruction and development as well as political and economic cooperation;
14. Decides to remain actively seized of the matter.
S/RES/1431 Establishment of ad litem judge pool for Rwanda Tribunal
Date: 14 August 2002 Meeting: 4601
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000 and 1411 (2002) of 17 May 2002,
Having considered the letter from the Secretary-General to the President of the Security Council dated 14 September 2001 (S/2001/764) and the annexed letter from the President of the International Tribunal for Rwanda addressed to the Secretary-General dated 9 July 2001,
Having considered also the letter from the Secretary-General to the President of the Security Council dated 4 March 2002 (S/2002/241) and the annexed letter from the President of the International Tribunal for Rwanda addressed to the Secretary-General dated 6 February 2002,
Convinced of the need to establish a pool of ad litem judges in the International Tribunal for Rwanda in order to enable the International Tribunal for Rwanda to expedite the conclusion of its work at the earliest possible date and determined to follow closely the progress of the operation of the International Tribunal for Rwanda,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to establish a pool of ad litem judges in the International Tribunal for Rwanda, and to this end decides to amend articles 11, 12 and 13 of the Statute of the International Tribunal for Rwanda and to replace those articles with the provisions set out in annex I to this resolution and decides also to amend articles 13 bis and 14 of the Statute of the International Tribunal for the Former Yugoslavia and to replace those articles with the provisions set out in annex II to this resolution;
2. Requests the Secretary-General to make practical arrangements for the election as soon as possible of eighteen ad litem judges in accordance with Article 12 ter of the Statute of the International Tribunal for Rwanda and for the timely provision to the International Tribunal for Rwanda of personnel and facilities, in particular, for the ad litem judges and related offices of the Prosecutor, and further requests him to keep the Security Council closely informed of progress in this regard;
3. Urges all States to cooperate fully with the International Tribunal for Rwanda and its organs in accordance with their obligations under resolution 955 (1994) and the Statute of the International Tribunal for Rwanda;
4. Decides to remain actively seized of the matter.
International Tribunal for Rwanda
Annex I
Article 11
Composition of the Chambers
1. The Chambers shall be composed of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of four ad litem independent judges appointed in accordance with article 12 ter, paragraph 2, of the present Statute, no two of whom may be nationals of the same State.
2. Three permanent judges and a maximum at any one time of four ad litem judges shall be members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may be divided into sections of three judges each, composed of both permanent and ad litem judges. A section of a Trial Chamber shall have the same powers and responsibilities as a Trial Chamber under the present Statute and shall render judgement in accordance with the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal for Rwanda could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.
Article 12
Qualifications of judges
The permanent and ad litem judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers and sections of the Trial Chambers, due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.
Article 12 bis
Election of permanent judges
1. Eleven of the permanent judges of the International Tribunal for Rwanda shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for permanent judges of the International Tribunal for Rwanda from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in article 12 of the present Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991 (hereinafter referred to as “the International Tribunal for the Former Yugoslavia”) in accordance with article 13 bis of the Statute of that Tribunal;
(c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than twenty-two and not more than thirty-three candidates, taking due account of the adequate representation on the International Tribunal for Rwanda of the principal legal systems of the world;
(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect eleven permanent judges of the International Tribunal for Rwanda. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters, shall be declared elected. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 12 of the present Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the permanent judges of the International Tribunal for the Former Yugoslavia. They shall be eligible for re-election.
Article 12 ter
Election and appointment of ad litem judges
1. The ad litem judges of the International Tribunal for Rwanda shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for ad litem judges of the International Tribunal for Rwanda from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to four candidates meeting the qualifications set out in article 12 of the present Statute, taking into account the importance of a fair representation of female and male candidates;
(c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than thirty-six candidates, taking due account of the adequate representation of the principal legal systems of the world and bearing in mind the importance of equitable geographical distribution;
(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect the eighteen ad litem judges of the International Tribunal for Rwanda. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters shall be declared elected;
(e) The ad litem judges shall be elected for a term of four years. They shall not be eligible for re-election.
2. During their term, ad litem judges will be appointed by the Secretary-General, upon request of the President of the International Tribunal for Rwanda, to serve in the Trial Chambers for one or more trials, for a cumulative period of up to, but not including, three years. When requesting the appointment of any particular ad litem judge, the President of the International Tribunal for Rwanda shall bear in mind the criteria set out in article 12 of the present Statute regarding the composition of the Chambers and sections of the Trial Chambers, the considerations set out in paragraphs 1 (b) and (c) above and the number of votes the ad litem judge received in the General Assembly.
Article 12 quarter
Status of ad litem judges
1. During the period in which they are appointed to serve in the International Tribunal for Rwanda, ad litem judges shall:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent judges of the International Tribunal for Rwanda;
(b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the International Tribunal for Rwanda;
(c) Enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal for Rwanda.
2. During the period in which they are appointed to serve in the International Tribunal for Rwanda, ad litem judges shall not:
(a) Be eligible for election as, or to vote in the election of, the President of the International Tribunal for Rwanda or the Presiding Judge of a Trial Chamber pursuant to article 13 of the present Statute;
(b) Have power:
(i) To adopt rules of procedure and evidence pursuant to article 14 of the present Statute. They shall, however, be consulted before the adoption of those rules;
(ii) To review an indictment pursuant to Article 18 of the present Statute;
(iii) To consult with the President of the International Tribunal for Rwanda in relation to the assignment of judges pursuant to article 13 of the present Statute or in relation to a pardon or commutation of sentence pursuant to article 27 of the present Statute;
(iv) To adjudicate in pre-trial proceedings.
Article 13
Officers and members of the Chambers
1. The permanent judges of the International Tribunal for Rwanda shall elect a President from amongst their number.
2. The President of the International Tribunal for Rwanda shall be a member of one of its Trial Chambers.
3. After consultation with the permanent judges of the International Tribunal for Rwanda, the President shall assign two of the permanent judges elected or appointed in accordance with Article 12 bis of the present Statute to be members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia and eight to the Trial Chambers of the International Tribunal for Rwanda.
4. The members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia shall also serve as the members of the Appeals Chamber of the International Tribunal for Rwanda.
5. After consultation with the permanent judges of the International Tribunal for Rwanda, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal for Rwanda to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of that Trial Chamber as a whole.
International Tribunal for the Former Yugoslavia
Annex II
Article 13 bis
Election of permanent judges1. Fourteen of the permanent judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for judges of the International Tribunal from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in article 13 of the Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter referred to as “The International Tribunal for Rwanda”) in accordance with article 12 bis of the Statute of that Tribunal;
(c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than twenty-eight and not more than forty-two candidates, taking due account of the adequate representation of the principal legal systems of the world;
(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect fourteen permanent judges of the International Tribunal. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters, shall be declared elected. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 13 of the Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the judges of the International Court of Justice. They shall be eligible for re-election.
Article 14
Officers and members of the Chambers
1. The permanent judges of the International Tribunal shall elect a President from amongst their number.
2. The President of the International Tribunal shall be a member of the Appeals Chamber and shall preside over its proceedings.
3. After consultation with the permanent judges of the International Tribunal, the President shall assign four of the permanent judges elected or appointed in accordance with Article 13 bis of the Statute to the Appeals Chamber and nine to the Trial Chambers.
4. Two of the permanent judges of the International Tribunal for Rwanda elected or appointed in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President of that Tribunal, in consultation with the President of the International Tribunal, to be members of the Appeals Chamber and permanent judges of the International Tribunal.
5. After consultation with the permanent judges of the International Tribunal, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of the Trial Chamber as a whole.
S/RES/1432 Extension of suspension on travel restrictions for UNITAofficials
Date: 15 August 2002 Meeting: 4603
Vote: Unanimous
The Security Council,
Reaffirming all its previous resolutions, in particular resolution 1127 (1997) of 28 August 1997 and resolution 1412 (2002) of 17 May 2002, and statements by its President on the situation in Angola, in particular the statement of its President of 28 March 2002 (S/PRST/2002/7),
Welcoming the historic step taken by the Government of Angola and Uniao Nacional para a Independencia Total de Angola (UNITA), on 4 April 2002, in signing the Memorandum of Understanding Addendum to the Lusaka Protocol for the Cessation of Hostilities and the Resolution of the Outstanding Military Issues under the Lusaka Protocol (S/1994/1441, annex),
Welcoming further the efforts taken by the Government of Angola to restore peaceful and secure conditions in the country, to re-establish effective administration and to promote national reconciliation,
Welcoming also the ongoing efforts of UNITA to become an active participant in the democratic political process of Angola, in particular the demobilization and quartering of UNITA soldiers as well as the disbanding of UNITA’s military wing on 2 August 2002,
Reaffirming its commitment to preserve the sovereignty and territorial integrity of Angola,
Emphasizing the importance of the full implementation of the “Acordos de Paz”, the Lusaka Protocol, the Memorandum of Understanding Addendum of 4 April 2002, and the relevant United Nations Security Council resolutions, in close cooperation with the United Nations and the Troika of Observers,
Recalling its decision in resolution 1412 (2002) to suspend for a period of ninety days the measures imposed by paragraphs 4 (a) and (b) of resolution 1127 (1997) in order to facilitate the travel by UNITA members for the peace process and national reconciliation to advance,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to suspend the measures imposed by paragraphs 4 (a) and (b) of resolution 1127 (1997) for an additional period of ninety days from the date of adoption of this resolution, with a view to encouraging further the peace process and national reconciliation in Angola;
2. Decides that prior to the end of this period, the Security Council may consider reviewing the measures referred to in paragraph 1 above, taking into account all available information, including from the Government of Angola, on the implementation of the peace accords;
3. Decides to remain actively seized of the matter.
S/RES/1433 Establishment of UNMission in Angola
Date: 15 August 2002 Meeting: 4604
Vote: Unanimous
The Security Council,
Reaffirming its resolution 696 (1991) of 30 May 1991 and all of its subsequent resolutions on the situation in Angola, in particular resolution 1268 (1999) of 15 October 1999,
Emphasizing its commitment to preserve the unity, sovereignty and territorial integrity of Angola,
Reaffirming the importance of the “Acordos de Paz”, the Lusaka Protocol and the Memorandum of Understanding Addendum to the Lusaka Protocol for the Cessation of Hostilities and the Resolution of the Outstanding Military Issues under the Lusaka Protocol (S/1991/1441, annex), as well as relevant Security Council resolutions,
Recalling the Statement of its President of 28 March 2002 (S/PRST/2002/7), which, in particular, stresses the willingness of the Council to support adjustments to the mandate of the United Nations Office in Angola (UNOA) which should take into account recent developments in Angola,
Welcoming the report of the Secretary-General of 26 July 2002 (S/2002/834),
Expressing its appreciation for the work of UNOA in support of the people of Angola,
Expressing also its view that the presence of the United Nations in Angola can contribute to the consolidation of peace through the promotion of political, military, human rights, humanitarian and economic goals as set out in the report of the Secretary-General,
1. Authorizes the establishment of, as a follow-on mission to UNOA, the United Nations Mission in Angola (UNMA) for a period of six months until 15 February 2003, to pursue the objectives and perform the tasks recommended by the Secretary-General in his report and reflected in paragraph 3 below, and expresses its intention in determining whether to extend, adjust or curtail this mission, to take into account the recommendations of the Secretary-General based on his Special Representative’s assessment of progress in completing the Lusaka Protocol;
2. Welcomes the appointment of a resident Special Representative of the Secretary-General (SRSG) to serve as the head of UNMA, and to oversee a coordinated and integrated approach to United Nations activities in Angola as reflected in the UNMA mandate described in paragraph 3 below;
3. Endorses the staffing of UNMA as appropriate and as recommended by the Secretary-General in his report, including the recommendation for a Child Protection Adviser, with the following mandate:
A. To assist the parties in concluding the Lusaka Protocol by:
(1) Chairing the Joint Commission;
(2) Leading the completion of the agreed list of tasks which remain pending under the Lusaka Protocol;
B. To assist the Government of Angola in undertaking the following tasks:
(1) Protection and Promotion of Human Rights and in the building of institutions to consolidate peace and enhance the rule of law;
(2) Provision of technical advice and support for mine action;
(3) Facilitation and coordination of delivery of humanitarian assistance to vulnerable groups including internally displaced persons and families in quartering areas, with special concern for children and women;
(4) Support for social and professional reintegration of the demobilized through appropriate United Nations agencies;
(5) Promotion of economic recovery through relevant United Nations agencies;
(6) Mobilization of resources of the international community, to include international donors conferences, as appropriate; and
(7) Provision of technical assistance to the Government of Angola in the preparation of elections;
4. Requests the Secretary-General to report to the Security Council when his Special Representative confirms that the Joint Commission has determined that all remaining tasks under the Lusaka Protocols have been completed, and notes that upon the conclusion of the mandate, the United Nations Resident Coordinator resumes authority for supervising the above tasks, as appropriate;
5. Requests the Secretary-General to provide an interim report to enable a three-month review of the work of UNMA by the Security Council;
6. Decides to remain actively seized of the matter.
S/RES/1434 Extension of UNMission in Ethiopia and Eritrea
Date: 6 September 2002 Meeting: 4606
Vote: Unanimous
The Security Council,
Reaffirming all its previous resolutions and statements pertaining to the situation between Eritrea and Ethiopia, notably the requirements contained therein, including in particular resolution 1430 (2002) of 14 August 2002,
Further reaffirming its unwavering support for the peace process and its commitment, including through the role played by the United Nations Mission in Ethiopia and Eritrea (UNMEE) in the implementation of its mandate, to the full and expeditious implementation of the Comprehensive Peace Agreement signed by the parties on 12 December 2000 and the preceding Agreement on Cessation of Hostilities of 18 June 2000 (S/2000/1183 and S/2000/601, respectively, hereinafter referred to as the “Algiers Agreements”), the Delimitation Decision by the Boundary Commission of 13 April 2002 (S/2002/423) embraced by the parties as final and binding in accordance with the Algiers Agreements, including the Orders issued on 17 July 2002 (S/2002/853), and the ensuing binding Demarcation Directions,
Welcoming the recent confirmations by both parties to implement fully their commitments under article 2 of the Comprehensive Peace Agreement, in accordance with the Geneva Conventions, and in so doing, welcoming the recent release and repatriation by Eritrea of 279 prisoners of war (POWs) and strongly encouraging Ethiopia to follow through on its pledge relating to the release and repatriation of its POWs and civilian internees, and calling upon both parties to continue to clarify the cases of any remaining POWs and to resolve all other remaining issues in accordance with the Geneva Conventions, in cooperation with the International Committee of the Red Cross (ICRC),
Expressing concern regarding reported incidents of cross border harassment and abductions of civilians on both sides, referred to in the report of the Secretary-General of 30 August 2002 (S/2002/977), and calling on both parties to ensure an immediate end to such incidents and to cooperate fully with UNMEE investigations in this regard,
Having considered the report of the Secretary-General (S/2002/977),
1. Decides to extend the mandate of UNMEE at the troop and military observer levels authorized by its resolution 1320 (2000) until 15 March 2003;
2. Further decides to review frequently the progress made by the parties in the implementation of their commitments pursuant to the Algiers Agreements, including through the Boundary Commission, and to review any implications for UNMEE, including with regard to the process of territorial transfers during the demarcation as outlined by the Secretary-General in his report of 10 July 2002;
3. Decides to remain actively seized of the matter.
S/RES/1435 Demand for halt to Israeli measures in Ramallah
Date: 24 September 2002 Meeting: 4614
Vote: 14-0-1 In favour: Bulgaria, Cameroon, China, Colombia, France,
Guinea, Ireland, Mauritius, Mexico, Norway, Russian Federation, Singapore, Syria, United Kingdom.
Against: None.
Abstaining: United States.
The Security Council,
Reaffirming its resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, 1402 (2002) of 30 March 2002 and 1403 (2002) of 4 April 2002, as well as the statements of its President, of 10 April 2002 and 18 July 2002,
Reiterating its grave concern at the tragic and violent events that have taken place since September 2000 and the continuous deterioration of the situation,
Condemning all terrorist attacks against any civilians, including the terrorist bombings in Israel on 18 and 19 September 2002 and in a Palestinian school in Hebron on 17 September 2002,
Gravely concerned at the reoccupation of the headquarters of the President of the Palestinian Authority in the City of Ramallah that took place on 19 September 2002 and demanding its immediate end,
Alarmed at the reoccupation of Palestinian cities as well as the severe restrictions imposed on the freedom of movement of persons and goods, and gravely concerned at the humanitarian crisis being faced by the Palestinian people,
Reiterating the need for respect in all circumstances of international humanitarian law, including the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
1. Reiterates its demand for the complete cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction;
2. Demands that Israel immediately cease measures in and around Ramallah including the destruction of Palestinian civilian and security infrastructure;
3. Demands also the expeditious withdrawal of the Israeli occupying forces from Palestinian cities towards the return to the positions held prior to September 2000;
4. Calls on the Palestinian Authority to meet its expressed commitment to ensure that those responsible for terrorist acts are brought to justice by it;
5. Expresses its full support for the efforts of the Quartet and calls upon the Government of Israel, the Palestinian Authority and all States in the region to cooperate with these efforts and recognizes in this context the continuing importance of the initiative endorsed at the Arab League Beirut Summit;
6. Decides to remain seized of the matter.
S/RES/1436 Extension of UNMission in Sierra Leone
Date: 24 September 2002 Meeting: 4615
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and the statements of its President concerning the situation in Sierra Leone,
Affirming the commitment of all States to respect the sovereignty, political independence and territorial integrity of Sierra Leone,
Welcoming the peaceful elections held in Sierra Leone in May 2002 and commending the United Nations Mission in Sierra Leone (UNAMSIL) for the support it provided,
Expressing its concern at the continuing fragile security situation in the Mano River region, particularly the conflict in Liberia, and at the substantial number of refugees and the humanitarian consequences for the civilian, refugee and internally displaced populations in the region, and emphasizing the importance of cooperation among the countries of the Mano River Union,
Reiterating the importance of the effective consolidation of State authority throughout Sierra Leone, the extension of effective State control over and regulation of the diamond fields, the reintegration of ex-combatants, voluntary and unhindered return of refugees and internally displaced persons, and full respect for human rights and the rule of law, paying special attention to the protection of women and children, and stressing continued United Nations support to the Government of Sierra Leone in fulfilling these objectives,
Welcoming the launch of the Special Court for Sierra Leone and the Truth and Reconciliation Commission and emphasizing their importance in taking effective action on impunity and accountability and in promoting reconciliation,
Welcoming the progress made in developing the capacity of the Sierra Leone Police and armed forces, but recognizing the need for further strengthening to enable them to maintain security and stability independently,
Emphasizing the importance of the continuing support of UNAMSIL to the Government of Sierra Leone in the consolidation of peace and stability,
Having considered the report of the Secretary-General of 5 September 2002 (S/2002/987), particularly its proposals for adjustments to the strength of UNAMSIL, and stressing the need for UNAMSIL to maintain an appropriate level of military capability and mobility while these adjustments are made,
1. Decides that the mandate of UNAMSIL shall be extended for a period of six months from 30 September 2002;
2. Expresses its appreciation to those Member States providing troops, civilian police personnel and support elements to UNAMSIL and those who have made commitments to do so;
3. Takes note of the Secretary-General’s proposals for adjustments to the size, composition and deployment of UNAMSIL, as outlined in paragraphs 26 to 36 and 58 of his report of 5 September 2002 (S/2002/987), and notes the improvements in the security situation in Sierra Leone;
4. Urges UNAMSIL, guided by an evaluation of the security situation and the capacity of the Sierra Leonean security sector to take responsibility for internal and external security, to complete phases 1 and 2 of the Secretary-General’s plan, including a reduction of 4,500 troops within eight months, taking into account the necessary arrangements that need to be completed, and requests the Secretary-General to report to the Council at the end of each phase, and at regular intervals, on the progress made by UNAMSIL in implementing the adjustments and in the planning of subsequent phases, and to make any necessary recommendations;
5. Expresses concern at the continuing financial shortfall in the multi-donor Trust Fund for the disarmament, demobilization and reintegration programme, and urges the Government of Sierra Leone to seek actively the urgently needed additional resources for reintegration;
6. Welcomes the National Recovery Strategy of the Government of Sierra Leone and calls on States, international organizations and non-governmental organizations to assist in the wide range of recovery efforts and to pledge additional financial support in the context of the forthcoming Consultative Group meeting;
7. Emphasizes that the development of the administrative capacities of the Government of Sierra Leone, particularly an effective and sustainable police force, army, penal system and independent judiciary, is essential to long-term peace and development, and therefore urges the Government of Sierra Leone, with the assistance of donors and of UNAMSIL, in accordance with its mandate, to accelerate the consolidation of civil authority and public services throughout the country, and to strengthen the operational effectiveness of the security sector;
8. Notes the efforts made by the Government of Sierra Leone towards effective control of the diamond mining areas, expresses concern about the continuing volatility there and urges the Government of Sierra Leone to set out and implement urgently a policy to regulate and control diamond mining activities;
9. Emphasizes the importance of a coordinated approach to strengthening the Sierra Leone Police, based on a detailed analysis of its training and development needs, led by a steering committee chaired by the Sierra Leone Police, notes the Secretary-General’s recommendations on enhancing the role of the United Nations civilian police to support this process, supports the deployment of up to 170 civilian police in UNAMSIL, to be recruited as necessary on the recommendation of the steering committee, and requests the Secretary-General to update the Council in his next report on the deployment of United Nations civilian police in the light of the steering committee’s decisions;
10. Reiterates its strong support for the Special Court for Sierra Leone, welcomes the start of the Court’s operations, encourages donors to contribute generously to the Trust Fund for the Special Court and to disburse existing pledges rapidly, and urges UNAMSIL to negotiate rapidly a memorandum of understanding with the Special Court in order to provide all necessary administrative and related support promptly, as requested in paragraph 9 of resolution 1400 (2002), including on the identification and securing of crime scenes;
11. Welcomes progress made in establishing the Truth and Reconciliation Commission, and urges donors urgently to commit funds to its revised budget;
12. Encourages the Presidents of the Mano River Union to continue dialogue and to implement their commitments to building regional peace and security, and encourages the renewed efforts of the Economic Community of West African States and Morocco towards a settlement of the crisis in the Mano River Union region;
13. Welcomes the Secretary-General’s commitment to finding a solution to the conflict in Liberia, so as to build peace in the subregion, including through the establishment of a contact group, demands that the armed forces of Liberia and any armed groups refrain from illegal incursions into the territory of Sierra Leone, calls upon all States to comply fully with all relevant resolutions of the Council, including the embargo on all deliveries of weapons and military equipment to Liberia, and encourages the Sierra Leonean armed forces, together with UNAMSIL, to maintain intensive patrolling of the border with Liberia;
14. Encourages the Government of Sierra Leone to pay special attention to the needs of women and children affected by the war, as outlined in paragraphs 47 to 48 of the report of the Secretary-General of 5 September 2002 (S/2002/987);
15. Welcomes the steps taken by UNAMSIL to prevent sexual abuse and exploitation of women and children and encourages UNAMSIL to continue to enforce the policy of zero tolerance for any such acts perpetrated by anyone employed by UNAMSIL, while calling on States concerned to take the necessary measures to bring to justice their own nationals responsible for such crimes;
16. Encourages the continued support of UNAMSIL, within its capabilities and areas of deployment, for the voluntary return of refugees and displaced persons, and urges all stakeholders to continue to cooperate to this end to fulfil their commitments under the Abuja Ceasefire Agreement of 10 November 2000 (S/2000/1091);
17. Welcomes the Secretary-General’s intention to keep the security, political, humanitarian and human rights situation in Sierra Leone under close review and to report to the Council, after due consultations with troop-contributing countries and the Government of Sierra Leone, with any additional recommendations;
18. Decides to remain actively seized of the matter.
S/RES/1437 Extension of UNMission of Observers in Prevlaka
Date: 11 October 2002 Meeting: 4622
Vote: Unanimous
The Security Council,
Recalling all its earlier relevant resolutions, including resolutions 779 (1992) of 6 October 1992, 981 (1995) of 31 March 1995, 1088 (1996) of 12 December 1996, 1147 (1998) of 13 January 1998, 1183 (1998) of 15 July 1998, 1222 (1999) of 15 January 1999, 1252 (1999) of 15 July 1999, 1285 (2000) of 13 January 2000, 1307 (2000) of 13 July 2000, 1335 (2001) of 12 January 2001, 1357 (2001) of 21 June 2001, 1362 (2001) of 11 July 2001, 1387 (2002) of 15 January 2002 and 1424 (2002) of 12 July 2002,
Having considered the report of the Secretary-General of 2 October 2002 (S/2002/1101) on the United Nations Mission of Observers in Prevlaka (UNMOP),
Reaffirming once again its commitment to the independence, sovereignty and territorial integrity of the Republic of Croatia within its internationally recognized borders,
Noting once again the Joint Declaration signed at Geneva on 30 September 1992 by the Presidents of the Republic of Croatia and the Federal Republic of Yugoslavia, in particular articles 1 and 3 thereof the latter reaffirming their agreement concerning the demilitarization of the Prevlaka peninsula, and the Agreement on Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia of 23 August 1996 (S/1996/706, annex),
Noting with satisfaction that the overall situation in the UNMOP area of responsibility has remained stable and calm, and encouraged by the progress made by the parties in normalizing their bilateral relationship, in particular through negotiations aimed at finding a transitional arrangement for the Prevlaka peninsula,
Commending the role played by UNMOP, and noting also that the presence of the United Nations military observers continues to be important in maintaining conditions that are conducive to a negotiated settlement of the disputed issue of Prevlaka,
Recalling the relevant principles contained in the Convention on the Safety of the United Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President of 10 February 2000 (S/PRST/2000/4),
1. Authorizes UNMOP to continue monitoring the demilitarization of the Prevlaka peninsula, as a last extension of its mandate, until 15 December 2002;
2. Requests the Secretary-General to prepare for the termination of UNMOP’s mandate on 15 December 2002 by gradually reducing the number of personnel and concentrating its activities in a way that reflects the stable and peaceful conditions in the area and the normalization of relations between the parties;
3. Also requests the Secretary-General to report to the Council on the completion of UNMOP’s mandate;
4. Reiterates its calls upon the parties to comply with the demilitarized regime in the United Nations designated zones, to cooperate fully with the United Nations military observers and to ensure their safety and full and unrestricted freedom of movement;
5. Welcomes continuing progress in the normalization of relations between the Governments of the Republic of Croatia and the Federal Republic of Yugoslavia and the establishment of an interstate Border Commission, and urges the parties to accelerate efforts towards a negotiated settlement on the disputed issue of Prevlaka in accordance with article 4 of the Agreement on Normalization of Relations;
6. Expresses its readiness to review the duration of the authority given in paragraph 1 above, with a view to shortening the time frame, if the parties so request;
7. Decides to remain seized of the matter.
S/RES/1438 Condemnation of bomb attacks in Bali, Indonesia
Date: 14 October 2002 Meeting: 4624
Vote: Unanimous
The Security Council,
Reaffirming the purposes and principles of the Charter of the United Nations and its relevant resolutions, in particular resolution 1373 (2001) of 28 September 2001,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts,
1. Condemns in the strongest terms the bomb attacks in Bali, Indonesia, on 12 October 2002 in which so many lives were claimed and people injured, as well as other recent terrorist acts in various countries, and regards such acts, like any act of international terrorism, as a threat to international peace and security;
2. Expresses its deepest sympathy and condolences to the Government and people of Indonesia and to the victims of the bomb attacks and their families;
3. Urges all States, in accordance with their obligations under resolution 1373 (2001), to work together urgently and to cooperate with and provide support and assistance, as appropriate, to the Indonesian authorities in their efforts to find and bring to justice the perpetrators, organizers and sponsors of these terrorist attacks;
4. Expresses its reinforced determination to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations.
S/RES/1439 Lifting of travel ban on UNITA officials
Date: 18 October 2002 Meeting: 4628
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 864 (1993) of 15 September 1993 and all subsequent relevant resolutions, in particular resolutions 1127 (1997) of 28 August 1997, 1173 (1998) of 12 June 1998, 1237 (1999) of 7 May 1999, 1295 (2000) of 18 April 2000, 1336 (2001) of 23 January 2001, 1348 (2001) of 19 April 2001, 1374 (2001) of 19 October 2001, 1404 (2002) of 18 April 2002, 1412 (2002) of 17 May 2002 and 1432 (2002) of 15 August 2002,
Reaffirming also its commitment to preserve the sovereignty and territorial integrity of Angola,
Welcoming the steps taken by the Government of Angola and União Nacional para a Independência Total de Angola (UNITA) toward the full implementation of the “Acordos de Paz”, the Lusaka Protocol (S/1994/1441, annex), the Memorandum of Understanding of 4 April 2002 (S/2002/483), and the relevant United Nations Security Council resolutions,
Welcoming also the reconvening of the Joint Commission, the establishment of the United Nations Mission in Angola, and the appointment of a Special Representative of the Secretary-General for Angola,
Expressing once again its concern regarding the humanitarian effects of the present situation on the civilian population of Angola,
Recognizing the importance attached, inter alia, to the monitoring, for as long as it is necessary, of the implementation of the provisions contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998),
Noting the existence of continued challenges to the stability of Angola and determining that ensuring the stability of Angola is necessary for the maintenance of peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Expresses its intention to give full consideration to the additional report of the monitoring mechanism established pursuant to resolution 1295 (2000) submitted pursuant to paragraph 7 of resolution 1404 (2002);
2. Decides to extend the mandate of the monitoring mechanism for a further period of two months, ending on 19 December 2002, subject to review by the Council;
3. Requests the monitoring mechanism to provide the Committee established pursuant to resolution 864 (1993) (hereinafter referred to as “the Committee”) within 10 days of the date of adoption of this resolution with an action plan for its future work to include:
– plans for ample consultations in Angola between members of the monitoring mechanism and representatives of both the Government of Angola and UNITA with a view to assessing the situation and to contributing towards a full review by the Council of the measures imposed against UNITA once the peace process has been completed;
– an assessment of possible violations of existing measures imposed against UNITA that may have occurred since the signing of the Memorandum of Understanding of 4 April 2002;
– details onrenewed efforts to locate UNITA funds and financial resources currently frozen pursuant to existing measures;
– development of possible recommendations with regard to the issue of funds and financial resources which have been located by Member States and subsequently frozen pursuant to existing measures;
– details onongoing monitoring and investigation of possible violations of the arms embargo established pursuant to resolution 864 (1993) and prohibitions against the import from Angola of diamonds not controlled by the Government of Angola’s certificate of origin scheme as called for under resolution 1173 (1998);
4. Requests further the monitoring mechanism to provide a further additional report to the Committee by 13 December 2002, focusing in particular on possible violations of measures imposed against UNITA that may have occurred since the signing of the Memorandum of Understanding of 4 April 2002 and the identification of UNITA funds and financial resources frozen pursuant to paragraph 11 of resolution 1173 (1998);
5. Requests the Secretary-General, upon adoption of this resolution and acting in consultation with the Committee to appoint two experts to serve on the monitoring mechanism and further requests the Secretary-General to make the necessary financial arrangements to support the work of the monitoring mechanism;
6. Requests the Chairman of the Committee to submit the additional report to the Council by 19 December 2002;
7. Calls upon all States to cooperate fully with the monitoring mechanism in the discharge of its mandate;
8. Decides that the provisions of paragraph 4 (a) and 4 (b) of resolution 1127 (1997) shall cease to have effect from 00:01 Eastern Standard Time on 14 November 2002, following the expiration of the suspension of the measures as set out in paragraph 1 of resolution 1432 (2002);
9. Decides to review, with a view to the possible lifting of, all the measures in resolutions 864 (1993), 1127 (1997) and 1173 (1998) by 19 November 2002, taking into account all available information, including from the Government of Angola and all other parties involved, on the implementation of the peace accords;
10. Decides to remain actively seized of the matter.
S/RES/1440 Condemnation of Moscow hostage-taking
Date: 24 October 2002 Meeting: 4632
Vote: Unanimous
The Security Council,
Reaffirming the purposes and principles of the Charter of the United Nations and its relevant resolutions, in particular resolution 1373 (2001) of 28 September 2001,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts,
1. Condemns in the strongest terms the heinous act of taking hostages in Moscow, the Russian Federation, on 23 October 2002, as well as other recent terrorist acts in various countries, and regards such acts, like any act of international terrorism, as a threat to international peace and security;
2. Demands immediate and unconditional release of all hostages of this terrorist act;
3. Expresses the deepest sympathy and condolences to the people and the Government of the Russian Federation and to the victims of the terrorist attack and their families;
4. Urges all States, in accordance with their obligations under resolution 1373 (2001), to cooperate with the Russian authorities in their efforts to find and bring to justice the perpetrators, organizers and sponsors of this terrorist attack;
5. Expresses its reinforced determination to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations.
S/RES/1441 Iraqi material breach of disarmament obligations
Date: 8 November 2002 Meeting: 4644
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions, in particular its resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, and 1284 (1999) of 17 December 1999, and all the relevant statements of its President,
Recalling also its resolution 1382 (2001) of 29 November 2001 and its intention to implement it fully,
Recognizing the threat Iraq’s non-compliance with Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security,
Recalling that its resolution 678 (1990) authorized Member States to use all necessary means to uphold and implement its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area,
Further recalling that its resolution 687 (1991) imposed obligations on Iraq as a necessary step for achievement of its stated objective of restoring international peace and security in the area,
Deploring the fact that Iraq has not provided an accurate, full, final, and complete disclosure, as required by resolution 687 (1991), of all aspects of its programmes to develop weapons of mass destruction and ballistic missiles with a range greater than one hundred and fifty kilometres, and of all holdings of such weapons, their components and production facilities and locations, as well as all other nuclear programmes, including any which it claims are for purposes not related to nuclear-weapons-usable material,
Deploring further that Iraq repeatedly obstructed immediate, unconditional, and unrestricted access to sites designated by the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA), failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons inspectors, as required by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM and the IAEA in 1998,
Deploring the absence, since December 1998, in Iraq of international monitoring, inspection, and verification, as required by relevant resolutions, of weapons of mass destruction and ballistic missiles, in spite of the Council’s repeated demands that Iraq provide immediate, unconditional, and unrestricted access to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC), established in resolution 1284 (1999) as the successor organization to UNSCOM, and the IAEA, and regretting the consequent prolonging of the crisis in the region and the suffering of the Iraqi people,
Deploring also that the Government of Iraq has failed to comply with its commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant to resolution 688 (1991) to end repression of its civilian population and to provide access by international humanitarian organizations to all those in need of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to return or cooperate in accounting for Kuwaiti and third country nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully seized by Iraq,
Recalling that in its resolution 687 (1991) the Council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,
Determined to ensure full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions and recalling that the resolutions of the Council constitute the governing standard of Iraqi compliance,
Recalling that the effective operation of UNMOVIC, as the successor organization to the Special Commission, and the IAEA is essential for the implementation of resolution 687 (1991) and other relevant resolutions,
Noting that the letter dated 16 September 2002 from the Minister for Foreign Affairs of Iraq addressed to the Secretary-General is a necessary first step toward rectifying Iraq’s continued failure to comply with relevant Council resolutions,
Noting further the letter dated 8 October 2002 from the Executive Chairman of UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the Government of Iraq laying out the practical arrangements, as a follow-up to their meeting in Vienna, that are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the IAEA, and expressing the gravest concern at the continued failure by the Government of Iraq to provide confirmation of the arrangements as laid out in that letter,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq, Kuwait, and the neighbouring States,
Commending the Secretary-General and members of the League of Arab States and its Secretary-General for their efforts in this regard,
Determined to secure full compliance with its decisions,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687 (1991), in particular through Iraq’s failure to cooperate with United Nations inspectors and the IAEA, and to complete the actions required under paragraphs 8 to 13 of resolution 687 (1991);
2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the Council; and accordingly decides to set up an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council;
3. Decides that, in order to begin to comply with its disarmament obligations, in addition to submitting the required biannual declarations, the Government of Iraq shall provide to UNMOVIC, the IAEA, and the Council, not later than 30 days from the date of this resolution, a currently accurate, full, and complete declaration of all aspects of its programmes to develop chemical, biological, and nuclear weapons, ballistic missiles, and other delivery systems such as unmanned aerial vehicles and dispersal systems designed for use on aircraft, including any holdings and precise locations of such weapons, components, sub-components, stocks of agents, and related material and equipment, the locations and work of its research, development and production facilities, as well as all other chemical, biological, and nuclear programmes, including any which it claims are for purposes not related to weapon production or material;
4. Decides that false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq’s obligations and will be reported to the Council for assessment in accordance with paragraphs 11 and 12 below;
5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect, as well as immediate, unimpeded, unrestricted, and private access to all officials and other persons whom UNMOVIC or the IAEA wish to interview in the mode or location of UNMOVIC’s or the IAEA’s choice pursuant to any aspect of their mandates; further decides that UNMOVIC and the IAEA may at their discretion conduct interviews inside or outside of Iraq, may facilitate the travel of those interviewed and family members outside of Iraq, and that, at the sole discretion of UNMOVIC and the IAEA, such interviews may occur without the presence of observers from the Iraqi Government; and instructs UNMOVIC and requests the IAEA to resume inspections no later than 45 days following adoption of this resolution and to update the Council 60 days thereafter;
6. Endorses the 8 October 2002 letter from the Executive Chairman of UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the Government of Iraq, which is annexed hereto, and decides that the contents of the letter shall be binding upon Iraq;
7. Decides further that, in view of the prolonged interruption by Iraq of the presence of UNMOVIC and the IAEA and in order for them to accomplish the tasks set forth in this resolution and all previous relevant resolutions and notwithstanding prior understandings, the Council hereby establishes the following revised or additional authorities, which shall be binding upon Iraq, to facilitate their work in Iraq:
– UNMOVIC and the IAEA shall determine the composition of their inspection teams and ensure that these teams are composed of the most qualified and experienced experts available;
– All UNMOVIC and IAEA personnel shall enjoy the privileges and immunities, corresponding to those of experts on mission, provided in the Convention on Priv