Recalling all its previous resolutions on Western Sahara, and reaffirming, in particular, resolution 1495 (2003) of 31 July 2003,
1. Decides to extend the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2004;
2. Requests that the Secretary-General provide a report on the situation before the end of the present mandate;
3. Decides to remain seized of the matter.
S/RES/1524 Extension of UN Observer Mission in Georgia
Date: 30 January 2004 Meeting: 4906
Vote: Unanimous
The Security Council,
Recalling all its relevant resolutions, in particular resolution 1494 (2003) of 30 July 2003,
Having considered the report of the Secretary-General of 14 January 2004 (S/2004/26),
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,
Deploring that the perpetrators 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 nine people on board, 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, however, the positive momentum given to the United Nations-led peace process by regular high-level meetings of the Group of Friends in Geneva and the Georgian-Russian summit meeting in March 2003,
Noting the holding of presidential elections in Georgia in January and encouraging the new Georgian leadership as well as the Abkhaz side to pursue a comprehensive, peaceful political settlement of the conflict in Abkhazia, Georgia,
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 14 January 2004 (S/2004/26);
2. Reaffirms the commitment of all Member States to the sovereignty, independence and territorial integrity of Georgia within its internationally recognized borders, and the necessity to define the status of Abkhazia within the State of Georgia in strict accordance with these principles;
3. 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;
4. Stresses, in particular, its strong 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;
5. Deeply regrets, the continued 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;
6. 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;
7. Underlines further that the process of negotiation leading to a lasting political settlement acceptable to both sides will require concessions from both sides;
8. Welcomes the convening of regular meetings of senior representatives of the Group of Friends in Geneva and the intention expressed by the parties to accept the invitation to participate in the forthcoming meeting and calls upon them to participate again in a positive spirit;
9. Urges the parties to participate in a more active, regular and structured manner in the task forces established in the first Geneva meeting (to address issues in the priority areas of economic cooperation, the return of internally displaced persons and refugees, and political and security matters) and complemented by the working groups established in Sochi, and stresses that results oriented activities in these three priority areas remain key to building common ground between the Georgian and Abkhaz sides and ultimately for concluding meaningful negotiations on a comprehensive political settlement based on the paper entitled “Basic Principles for the Distribution of Competences between Tbilisi and Sukhumi” and its transmittal letter;
10. Welcomes the joint Georgian-Abkhaz high-level visit to Bosnia and Herzegovina and to Kosovo, Serbia and Montenegro, led by the Special Representative of the Secretary-General, as agreed in the second Geneva meeting;
11. Calls on the parties to spare no efforts to overcome their ongoing mutual mistrust;
12. Calls again on the parties to ensure the necessary revitalization of the peace process in all its major aspects, including 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), to implement the proposals agreed on that occasion in a purposeful and cooperative manner, and to consider holding a fourth conference on confidence-building measures;
13. Reminds all concerned to refrain from any action that might impede the peace process;
14. 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 and consultations with UNHCR and the Group of Friends and recalls the understanding in the Sochi summit that the reopening of the Sochi-Tbilisi railway will be undertaken in parallel with the return of refugees and displaced persons, starting in the Gali district;
15. Reaffirms the unacceptability of the demographic changes resulting from the conflict, reaffirms also the inalienable right of all refugees and IDPs 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;
16. Recalls that the Abkhaz side bears a particular responsibility to protect the returnees and to facilitate the return of the remaining displaced population;
17. Welcomes the mission led by the United Nations Development Programme to the Gali region (December 2003) to assess the feasibility of a sustainable recovery process for the local population and potential returnees and to identify further actions to improve the overall security conditions and ensure sustainable return and looks forward to the publication of the resulting report;
18. Welcomes the positive consideration by the parties given to the recommendations of the joint assessment mission to the Gali district, urges them once again to implement those recommendations and in particular calls upon the Abkhaz side to agree to the opening as soon as possible of the Gali branch of the human rights office in Sukhumi and to provide security conditions for its unhindered functioning;
19. Welcomes the start of the deployment of a civilian police component as part of UNOMIG, as endorsed in resolution 1494 (2003) and agreed by the parties, looks forward to an early confirmation by the Abkhaz side that the deployment in the Gali district of the remaining police officers can proceed, and calls on the parties to cooperate and actively support the police component;
20. 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;
21. Calls on both parties further to publicly dissociate themselves from any militant rhetoric and demonstrations of support for military options or for the activities of illegal armed groups, notes the efforts undertaken by the Georgian side to put an end to the activities of illegal armed groups and encourages the parties, in particular the Georgian side, to maintain their efforts;
22. 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);
23. Welcomes the continuing relative calm 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 valley and calls on the sides to continue to fully implement this protocol;
24. Deplores the deterioration in the security environment in the Gali sector including repeated killings and abductions;
25. Welcomes the holding of a Quadripartite meeting with high-level representation by the parties on
19 January 2004, and their signing of a protocol on security issues and urges the parties to abide by the provisions of that protocol and the protocol signed by them on 8 October 2003 and to cooperate more closely with each other to improve security in the Gali sector;
26. 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 resume monitoring of the situation independently and regularly when road conditions permit;
27. 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; strongly condemns the repeated abductions of personnel of those missions, deeply deplores that none of the perpetrators have ever been identified or brought to justice and reiterates that it is the responsibility of the parties to end this impunity;
28. Urges the parties, once again, to take all necessary steps to identify those responsible for the shooting down of a UNOMIG helicopter on 8 October 2001, to bring them to justice, and to inform the Special Representative on the steps taken;
29. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 2004, subject to a review as appropriate of its mandate by the Council in the event of changes in the mandate of the CIS peacekeeping force;
30. 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;
31. Decides to remain actively seized of the matter.
S/RES/1525 Extension of UN Interim Force in Lebanon
Date: 30 January 2004 Meeting: 4907
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978) and 426 (1978) of
19 March 1978 and 1496 (2003) of 31 July 2003 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 also its resolution 1325 (2000) of 31 October 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 14 January 2004 to the Secretary-General (S/2004/35),
Expressing its concern over the tensions and potential for escalation as noted in the Secretary-General’s report of 20 January 2004 (S/2004/50),
1. Endorses the report of the Secretary-General on UNIFIL of 20 January 2004 (S/2004/50), and in particular its recommendation to renew the mandate of UNIFIL for a further period of six months;
2. Decides to extend the present mandate until 31 July 2004;
3. Reiterates its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized boundaries;
4. Encourages the Government of Lebanon to continue efforts to ensure the return of its effective authority throughout the south, including the deployment of Lebanese armed forces, stresses the importance of the Government of Lebanon continuing to extend these measures and calls on the Government of Lebanon to do its utmost to ensure a calm environment throughout the south, including along the Blue Line;
5. 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;
6. 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;
7. Condemns all acts of violence, expresses great concern about the serious breaches and the sea, land and continuing air violations of the withdrawal line, and urges the parties to put an end to these violations, to refrain from any act or provocation that could further escalate the tension and to abide scrupulously by their obligation to respect the safety of UNIFIL and other United Nations personnel;
8. 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;
9. Welcomes the continued contribution of UNIFIL to operational demining, applauds the progress in demining efforts noted by the Secretary-General in his report, 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 encourages further international contributions, 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;
10. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned on the implementation of this resolution and to report thereon to the Council before the end of the present mandate as well as on the activities of UNIFIL and the tasks presently carried out by the United Nations Truce Supervision Organization (UNTSO);
11. Looks forward to the early fulfilment of the mandate of UNIFIL;
12. 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 resolution 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973.
S/RES/1526 Sanctions against Usama Bin Laden, Al-Qaida, Taliban and Associated Groups
Date: 30 January 2004 Meeting: 4908
Vote: Unanimous
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1363 (2001) of 30 July 2001, 1373 (2001) of 28 September 2001, 1390 (2002) of 16 January 2002, 1452 (2002) of 20 December 2002, and 1455 (2003) of 17 January 2003,
Underlining 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, as well as to facilitate the implementation of counter-terrorism obligations in accordance with relevant Security Council resolutions,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, threats to international peace and security caused by terrorist acts,
Noting that, in giving effect to the measures in paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000) and paragraphs 1 and 2 of resolution 1390 (2002), full account is to be taken of the provisions of paragraphs 1 and 2 of resolution 1452 (2002),
Reiterating its condemnation of the Al-Qaida network and other associated terrorist groups for ongoing and multiple criminal terrorist acts, aimed at causing the deaths of innocent civilians, and other victims, and the destruction of property,andgreatly undermining stability,
Reiterating its unequivocal condemnation of all forms of terrorism and terrorist acts,
Stressing to all States, international bodies, and regional organizations, the importance of ensuring that resources are committed, including through international partnership, to meet the ongoing threat the Al-Qaida organization and members of the Taliban, and any individuals, groups, undertakings and entities associated with them, represent to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to improve, as set out in the following paragraphs of this resolution, the implementation of the measures imposed by paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000), and paragraphs 1 and 2 of resolution 1390 (2002) 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) (the “Committee list”), namely to:
(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 economic resources 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 or require the departure from its territories of its own nationals and this paragraph shall 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 or 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;
and recalls that all States shall implement the measures with respect to listed individuals and entities;
2. Decides to strengthen the mandate of the Committee established pursuant to resolution 1267 (1999) (“the Committee”) to include, in addition to the oversight of States’ implementation of the measures referred to in paragraph 1 above, a central role in assessing information for the Council’s review regarding effective implementation of the measures, as well as in recommending improvements to the measures;
3. Decides that the measures referred to in paragraph 1 above will be further improved in 18 months, or sooner if necessary;
4. Calls upon States to move vigorously and decisively to cut the flows of funds and other financial assets and economic resources to individuals and entities associated with the Al-Qaida organization, Usama bin Laden and/or the Taliban, taking into account, as appropriate, international codes and standards for combating the financing of terrorism, including those designed to prevent the abuse of non-profit organizations and informal/alternative remittance systems;
5. Urges all States and encourages regional organizations, as appropriate, to establish internal reporting requirements and procedures on the trans-border movement of currency based on applicable thresholds;
6. Decides, in order to assist the Committee in the fulfilment of its mandate, to establish for a period of 18 months a New York-based Analytical Support and Sanctions Monitoring Team (hereinafter referred to as “the Monitoring Team”) under the direction of the Committee with the responsibilities enumerated in the Annex to this resolution;
7. Requests the Secretary-General, upon adoption of this resolution and acting in close consultation with the Committee, to appoint, consistent with United Nations rules and procedures, no more than eight members, including a coordinator, of the Monitoring Team, who demonstrate one or more of the following areas of expertise related to activities of the Al-Qaida organization and/or the Taliban, including: counter-terrorism and related legislation; financing of terrorism and international financial transactions, including technical banking expertise; alternative remittance systems, charities, and use of couriers; border enforcement, including port security; arms embargoes and export controls; and drug trafficking;
8. Further requests the Monitoring Team to submit, in writing, three comprehensive, independent reports to the Committee, the first by 31 July 2004, the second by 15 December 2004, and the third by 30 June 2005, on implementation by States of the measures referred to in paragraph 1 above, including concrete recommendations for improved implementation of the measures and possible new measures;
9. Requests the Secretary-General to provide cost-effective support, as needed by the Committee, in light of the increased workload entailed by this resolution;
10. Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chairman and/or Committee members to enhance the full and effective implementation of the measures referred to in paragraph 1 above, with a view to encouraging States to comply fully with this resolution and resolutions 1267 (1999), 1333 (2000), 1390 (2002), and 1455 (2003);
11. Further requests the Committee to follow up via oral and/or written communications with States regarding effective implementation of the sanctions measures and to provide States with an opportunity, at the Committee’s request, to send representatives to meet with the Committee for more in-depth discussion of relevant issues;
12. Requests the Committee, through its Chairman, to report orally at least every 120 days to the Council in detail on the overall work of the Committee and the Team, including a summary of States’ progress in submitting the reports referred to in paragraph 6 of resolution 1455 (2003) and any follow-up communications with States regarding additional requests for information and assistance;
13. Further requests the Committee, based on its ongoing oversight of States’ implementation of the measures referred to in paragraph 1 above, to prepare and then to circulate within 17 months after the adoption of this resolution a written analytical assessment to the Council on implementation of the measures, including States’ successes and challenges in implementing them, with a view to recommending further measures for the Council’s consideration;
14. Requests all States, and encourages regional organizations, relevant United Nations bodies, and, as appropriate, other organizations and interested parties to cooperate fully with the Committee and the Monitoring Team, including supplying such information as may be sought by the Committee pursuant to this resolution and resolutions 1267 (1999), 1333 (2000), 1390 (2002), 1452 (2002) and 1455 (2003), to the extent possible;
15. Reiterates the need for close coordination and concrete exchange of information between the Committee and the Committee established pursuant to resolution 1373 (the “Counter-Terrorism Committee”);
16. Reiterates to all States the importance of proposing to the Committee the names of members of the Al-Qaida organization and the Taliban or associated with Usama bin Laden and other individuals, groups, undertakings and entities associated with them for inclusion in the Committee’s list, unless to do so would compromise investigations or enforcement actions;
17. Calls upon all States, when submitting new names to the Committee’s list, to include identifying information and background information, to the greatest extent possible, that demonstrates the individual(s)’ and/or entity(ies)’ association with Usama bin Laden or with members of the Al-Qaida organization and/or the Taliban, in line with the Committee’s guidelines;
18. Strongly encourages all States to inform, to the extent possible, individuals and entities included in the Committee’s list of the measures imposed on them, and of the Committee’s guidelines and resolution 1452 (2002);
19. Requests the Secretariat to communicate to Member States the Committee’s list at least every three months to facilitate States’ implementation of the measures on entry and travel imposed by paragraph 2 (b) of resolution 1390 (2002), and, further requests, that the Committee’s list, whenever amended, be automatically conveyed by the Secretariat to all States, regional and subregional organizations for inclusion, to the extent possible, of listed names in their respective electronic databases and relevant border enforcement and entry/exit tracking systems;
20. Reiterates the urgency for all States to comply with their existing obligations to implement the measures referred to in paragraph 1 above and to ensure that their domestic legislative enactments or administrative measures, as appropriate, permit the immediate implementation of those measures with respect to their nationals and other individuals or entities located or operating in their territory, and with respect to funds, other financial assets and economic resources over which they have jurisdiction, and to inform the Committee of the adoption of such measures, and invites States to report the results of all related investigations and enforcement actions to the Committee, unless to do so would compromise the investigation or enforcement actions;
21. Requests that the Committee seek from States, as appropriate, status reports on the implementation of the measures referred to in paragraph 1 above concerning listed individuals and entities, specifically with respect to the aggregate amounts of the listed individuals’ and entities’ frozen assets;
22. Requests all States that have not yet done so to submit to the Committee by 31 March 2004 the updated reports called for under paragraph 6 of resolution 1455 (2003), following as closely as possible the guidance document previously provided by the Committee; and further requests that all States that have not submitted these reports to explain in writing to the Committee by 31 March 2004 their reasons for non-reporting;
23. Requests the Committee to circulate to the Council a list of those States that have not submitted by 31 March 2004 reports pursuant to paragraph 6 of resolution 1455 (2003), including an analytical summary of the reasons put forward by States for non-reporting;
24. Urges all States and encourages relevant international, regional and subregional organizations to become more directly involved in capacity-building efforts and to offer technical assistance in areas identified by the Committee, in consultation with the Counter-Terrorism Committee;
25. Decides to remain actively seized of the matter.
Annex to resolution 1526 (2004)
In accordance with paragraph 6 of this resolution, the Analytical Support and Sanctions Monitoring Team shall operate under the direction of the Committee established pursuant to resolution 1267 (1999) and shall have the following responsibilities:
-- To collate, assess, monitor and report on and make recommendations regarding implementation of the measures; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;
-- To submit a comprehensive programme of work to the Committee for its approval and review, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel;
-- To analyse reports submitted pursuant to paragraph 6 of resolution 1455 (2003) and any subsequent written responses provided by States to the Committee;
-- To work closely and share information with Counter-Terrorism Committee experts to identify areas of convergence and to help facilitate concrete coordination between the two Committees;
-- To consult with States in advance of travel to selected States, based on its programme of work approved by the Committee;
-- To consult with States, including through engaging in regular dialogue with representatives in New York and in capitals, taking into account comments from States, especially regarding any issues that might be contained in the Monitoring Team’s reports referred to in paragraph 8 of this resolution;
-- To report to the Committee, on a regular basis or when the Committee so requests, through oral and/or written briefings on the work of the Monitoring Team, including on its visits to States and its activities;
-- To assist the Committee in preparing its oral and written assessments to the Council, in particular the analytical summaries referred to in paragraphs 12 and 13 of this resolution;
-- Any other responsibility identified by the Committee.
S/RES/1527 Extension of UN Mission in Côte d’Ivoire
Date: 4 February 2004 Meeting: 4909
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions concerning Côte d’Ivoire, in particular its resolutions 1514 (2003) of
13 November 2003 and 1498 (2003) of 4 August 2003 and 1464 (2003) of 4 February 2003,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Côte d’Ivoire, and recalling the importance of the principles of good neighbourliness, non-interference and cooperation in relations between the States of the region,
Reaffirming also its endorsement of the agreement signed by the Ivorian political forces at Linas-Marcoussis on 24 January 2003 (S/2003/99) (“Linas-Marcoussis Agreement”), approved by the Conference of Heads of State on Côte d’Ivoire held in Paris on 25 and 26 January 2003,
Stressing the importance of the complete and unconditional implementation of the measures provided for under the Linas-Marcoussis Agreement, and taking note with satisfaction of the progress made recently in this regard,
Recalling its full support for the efforts of the Economic Community of West African States (ECOWAS) and France to promote a peaceful settlement of the conflict, and welcoming, in particular, the effective action taken by the ECOWAS Mission in Côte d’Ivoire (ECOMICI) in order to stabilize the country as well as the commitment of the African Union in supporting the process of national reconciliation in Côte d’Ivoire,
Taking note of the message addressed to the Security Council on 10 November 2003 by the President of the Republic of Côte d’Ivoire, in which he requested the transformation of the United Nations Mission in Côte d’Ivoire (MINUCI) into a peacekeeping operation,
Noting the need for MINUCI to continue carrying out its mandate as outlined in its resolution 1479 (2003),
Affirming its readiness to consider the recommendations in the Secretary-General’s report of 6 January 2004 (S/2004/3) as well as the need for a coordination of the United Nations efforts in West Africa,
Noting with concern the continued existence of challenges to the stability of Côte d’Ivoire and determining that the situation in Côte d’Ivoire 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. Decides that the mandate of the United Nations Mission in Côte d’Ivoire, MINUCI, shall be extended until 27 February 2004;
2. Decides to renew until 27 February 2004 the authorization given to Member States participating in ECOWAS forces together with French Forces supporting them;
3. Takes note with appreciation of the report of the Secretary-General on Côte d’Ivoire of 6 January 2004;
4. Calls on the signatories of the Linas-Marcoussis Agreement to carry out expeditiously their responsibilities under the Linas-Marcoussis Agreement;
5. Further calls on the signatories to take the steps called for by the Secretary-General in paragraph 86 of his report, and expresses its readiness to help them to achieve lasting peace and stability;
6. Requests the Secretary-General, pending a decision by the Security Council on the reinforcement of the United Nations presence in Côte d’Ivoire as recommended by paragraph 61 of the Secretary-General’s report, to prepare the possible deployment of a peacekeeping operation within five weeks after such decision by the Council;
7. Decides to remain actively seized of the matter.
S/RES/1528 Establishment of UN Operation in Côte d’Ivoire
Date: 27 February 2004 Meeting: 4918
Vote: Unanimous
The Security Council,
Recalling its resolutions 1464 (2003) of 4 February 2003, 1479 (2003) of 13 May 2003, 1498 (2003) of
4 August 2003, 1514 (2003) of 13 November 2003, 1527 (2004) of 4 February 2004,and the statements by its President on Côte d’Ivoire,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Côte d’Ivoire, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation,
Recalling that it endorsed the agreement signed by the Ivorian political forces in Linas-Marcoussis on
24 January 2003 (S/2003/99) (the Linas-Marcoussis Agreement) approved by the Conference of Heads of States on Côte d’Ivoire, held in Paris on 25 and 26 January 2003,
Taking note with satisfactionof the recent progress, in particular the return of the Forces Nouvellesto the Government, the agreement reached on the implementation of the programme of disarmament, demobilization and reintegration, and the talks between the President of the Republic of Côte d’Ivoire and the Forces nouvelles,
Considering that the Ivorian parties have made the progress called for by the Secretary-General towards the steps mentioned in paragraph 86 of his report on Côte d'Ivoire of 6 January 2004 (S/2004/3), as confirmed to the Council on 4 February 2004, and encouraging the Ivorian parties to continue their efforts in that direction,
Calling on the parties and the Government of National Reconciliation to take all necessary steps to prevent further violations of human rights and international humanitarian law and to put an end to impunity,
Reaffirming also its resolutions 1325 (2000) on women, peace and security, 1379 (2001) and 1460 (2003) on children in armed conflicts as well as its resolutions 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflicts,
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,
Deeply concerned by the deteriorating economic situation in Côte d’Ivoire and its serious impact on the subregion as a whole,
Welcoming the commitment of the African Union in supporting the process of national reconciliation in Côte d’Ivoire,
Recalling its full support for the efforts of the Economic Community of West African States (ECOWAS) and France to promote a peaceful settlement of the conflict, and welcoming, in particular, the effective action taken by the ECOWAS forces in order to stabilize the country,
Taking note of the message addressed to the Security Council on 10 November 2003 by the President of the Republic of Côte d’Ivoire, in which he requested the transformation of the United Nations Mission in Côte d’Ivoire (MINUCI) into a peacekeeping operation,
Taking note of the request made by ECOWAS to the Security Council on 24 November 2003 to establish a peace keeping operation in Côte d’Ivoire,
Noting that lasting stability in Côte d’Ivoire will depend on peace in the subregion, especially in Liberia, and emphasizing the importance of cooperation among the countries of the subregion to this end, as well as the need for co-ordination of the efforts of the United Nations Missions in the subregion to contribute to the consolidation of peace and security,
Having considered the report of the Secretary-General on Côte d’Ivoire of 6 January 2004 (S/2004/3 and addenda 1 and 2),
Taking note of the letter of the President of the General Assembly of 8 January 2004 (S/2004/100) addressed to the President of the Security Council,
Aware of the persistent challenges to the stability of Côte d’Ivoire and determining that the situation in Côte d’Ivoire continues to pose a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to establish the United Nations Operation in Côte d’Ivoire (UNOCI) for an initial period of 12 months as from 4 April 2004, and requests the Secretary-General to transfer authority from MINUCI and the ECOWAS forces to UNOCI on that date, and decides therefore to renew the mandate of the United Nations Mission in Côte d’Ivoire (MINUCI) until 4 April 2004;
2. Decides that UNOCIwill comprise, in addition to the appropriate civilian, judiciary and corrections component, a military strength of a maximum of 6,240 United Nations personnel, including 200 military observers and 120 staff officers, and up to 350 civilian police officers, as required to perform the mandated tasks described in the following paragraph 6;
3. Requests the Secretary-General to encourage the United Nations missions in West Africa to share logistic and administrative support, to the extent possible, without prejudicing their operational capabilities with respect to their mandates, in order to maximize effectiveness and minimize the cost of the missions;
4. Requests UNOCI to carry out its mandate in close liaison with the United Nations missions in Sierra Leone and in Liberia, including especially in the prevention of movementsof arms and combatants across shared borders and the implementation of disarmament and demobilization programmes;
5. Reaffirms its strong support for the Secretary-General’s Special Representative and approves his full authority for the coordination and conduct of all the activities of the United Nations system in Côte d’Ivoire;
6. Decides that the mandate of UNOCI, in coordination with the French forces authorized in paragraph 16 below, shall be the following:
Monitoring of the ceasefire and movements of armed groups
(a) To observe and monitor the implementation of the comprehensive ceasefire agreement of 3 May 2003, and investigate violations of the ceasefire,
(b) To liaise with the National Armed Forces of Côte d’Ivoire (FANCI) and the military elements of the Forces Nouvelles in order to promote, in coordination with the French forces, the re-establishment of trust between all the Ivorian forces involved, as stated in its resolution 1479 (2003),
(c) To assist the Government of National Reconciliation in monitoring the borders, with particular attention to the situation of Liberian refugees and to the movement of combatants,
Disarmament, demobilization, reintegration, repatriation and resettlement
(d) To assist the Government of National Reconciliation in undertaking the regrouping of all the Ivorian forces involved and to ensure the security of their cantonment sites,
(e) To help the Government of National Reconciliation implement the national programme for the disarmament, demobilization and reintegration of the combatants (DDR), with special attention to the specific needs of women and children,
(f) To coordinate closely with the United Nations missions in Sierra Leone and in Liberia in the implementation of a voluntary repatriation and resettlement programme for foreign ex-combatants, with special attention to the specific needs of women and children, in support of the efforts of the Government of National Reconciliation and in cooperation with the Governments concerned, relevant international financial institutions, international development organizations and donor nations,
(g) To ensure that the programmes mentioned in paragraphs (e) and (f) take into account the need for a regional approach,
(h) To guard weapons, ammunition and other military materiel handed over by the former combatants and to secure,neutralize or destroy such materiel,
Protection of United Nations personnel, institutions and civilians
(i) To protect United Nations personnel, installations and equipment, provide the security and freedom of movement of United Nations personnel and, without prejudice to the responsibility of the Government of National Reconciliation, to protect civilians under imminent threat of physical violence, within its capabilities and its areas of deployment,
(j) To support, in coordination with the Ivorian authorities, the provision of security for the ministers of the Government of National Reconciliation,
Support for humanitarian assistance
(k) To facilitate the free flow of people, goods and humanitarian assistance, inter alia, by helping to establish the necessary security conditions,
Support for the implementation of the peace process
(l) To facilitate, in cooperation with ECOWAS and other international partners, the re-establishment by the Government of National Reconciliation of the authority of the State throughout Côte d’Ivoire,
(m) To provide oversight, guidance and technical assistance to the Government of National Reconciliation, with the assistance of ECOWAS and other international partners, to prepare for and assist in the conduct of free, fair and transparent electoral processes linked to the implementation of the Linas-Marcoussis Agreement, in particular the presidential election,
Assistance in the field of human rights
(n) To contribute to the promotion and protection of human rights in Côte d’Ivoire with special attention to violence committed against women and girls, and to help investigate human rights violations with a view to help ending impunity,
Public information
(o) To promote understanding of the peace process and the role of UNOCI among local communities and the parties, through an effective public information capacity, including the establishment as necessary of a United Nations radio broadcasting capability,
Law and order
(p) To assist the Government of National Reconciliation in conjunction with ECOWAS and other international organizations in restoring a civilian policing presence throughout Côte d’Ivoire, and to advise the Government of National Reconciliation on the restructuring of the internal security services,
(q) To assist the Government of National Reconciliation in conjunction with ECOWAS and other international organizations in re-establishing the authority of the judiciary and the rule of law throughout Côte d’Ivoire,
7. Requests the Secretary-General to give special attention to the gender and child-protection components within the staff of UNOCI;
8. Authorizes UNOCI to use all necessary means to carry out its mandate, within its capabilities and its areas of deployment;
9. Requests the Secretary-General and the Government of National Reconciliation to conclude a status-of-force agreement within 30 days of adoption of this resolution, taking into consideration General Assembly resolution 58/82 on the scope of legal protection under the Convention on the safety of United Nations and associated personnel, and notes that, pending the conclusion of such an agreement, the model status-of-forces agreement dated
9 October 1990 (A/45/594) shall apply provisionally;
10. Stresses the importance of the complete and unconditional implementation of the measures provided for under the Linas-Marcoussis Agreement, and demands that the parties fulfil their obligations under theLinas-Marcoussis Agreement so that, in particular, the forthcoming Presidential election can be held in 2005 in accordance with the constitutional deadlines;
11. Calls upon all parties to cooperate fully in the deployment and operations of UNOCI, in particular by guaranteeing the safety, security and freedom of movement of United Nations personnel as well as associated personnel throughout the territory of Côte d’Ivoire;
12. Reaffirms, in particular, the need for the Government of National Reconciliation to undertake the complete and immediate implementation of the disarmament, demobilization and reintegration (DDR) programme, including the disbanding of all armed groups, in particular the militias, the curbing of all kinds of disruptive street protests, especially of the various youth groups, and the restructuring of the armed forces and the internal security services;
13. Urges the international community to continue considering how it might help further economic development in Côte d’Ivoire with a view to achieving long-term stability in Côte d’Ivoire and the whole subregion;
14. Requests the Secretary-General to keep the Council regularly informed of the situation in Côte d’Ivoire, the implementation of the Linas-Marcoussis Agreement and the implementation of the mandate of UNOCI, and to report to it in this regard every three months, including a review of the troop level with a view to a phasing down in light of the progress achieved on the ground and the remaining tasks to be fulfilled;
15. Decides to renew until 4 April 2004 the authorization given to the French forces and ECOWAS forces through its resolution 1527 (2004);
16. Authorizes for a period of 12 months from 4 April 2004 the French forces to use all necessary means in order to support UNOCI in accordance with the agreement to be reached between UNOCI and the French authorities, and in particular to:
-- Contribute to the general security of the area of activity of the international forces,
-- Intervene at the request of UNOCI in support of its elements whose security may be threatened,
-- Intervene against belligerent actions, if the security conditions so require, outside the areas directly controlled by UNOCI,
-- Help to protect civilians, in the deployment areas of their units;
17. Requests France to continue to report to it periodically on all aspects of its mandate in Côte d’Ivoire;
18. Decides to remain actively seized of the matter.
S/RES/1529 Deployment of Multinational Force to Haiti
Date: 29 February 2004 Meeting: 4919
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and statements by its President on Haiti, in particular the statement of
26 February 2004 (S/PRST/2004/4),
Deeply concerned by the deterioration of the political, security and humanitarian situation in Haiti and deploring the loss of life that has already occurred,
Expressing its utmost concern at the continuing violence in Haiti, as well as the potential for a rapid deterioration of the humanitarian situation in that country, and its destabilizing effect on the region,
Stressing the need to create a secure environment in Haiti and the region that enables respect for human rights, including the well-being of civilians, and supports the mission of humanitarian workers,
Commending the Organization of American States (OAS) and the Caribbean Community (CARICOM) for their lead efforts to advance a peaceful solution and for attempting to establish confidence among the parties, in particular through their Plan of Action,
Taking note of the resignation of Jean-Bertrand Aristide as President of Haiti and the swearing-in of President Boniface Alexandre as the acting President of Haiti in accordance with the Constitution of Haiti,
Acknowledging the appeal of the new President of Haiti for the urgent support of the international community to assist in restoring peace and security in Haiti and to further the constitutional political process now under way,
Determined to support a peaceful and constitutional solution to the current crisis in Haiti,
Determining that the situation in Haiti constitutes a threat to international peace and security, and to stability in the Caribbean especially through the potential outflow of people to other States in the subregion,
Acting under Chapter VII of the Charter of the United Nations,
1. Calls on Member States to support the constitutional succession and political process now under way in Haiti and the promotion of a peaceful and lasting solution to the current crisis;
2. Authorizes the immediate deployment of a Multinational Interim Force for a period of not more than three months from adoption of this resolution:
(a) To contribute to a secure and stable environment in the Haitian capital and elsewhere in the country, as appropriate and as circumstances permit, in order to support Haitian President Alexandre’s request for international assistance to support the constitutional political process under way in Haiti;
(b) To facilitate the provision of humanitarian assistance and the access of international humanitarian workers to the Haitian people in need;
(c) To facilitate the provision of international assistance to the Haitian police and the Haitian Coast Guard in order to establish and maintain public safety and law and order and to promote and protect human rights;
(d) To support establishment of conditions for international and regional organizations, including the United Nations and the Organization of American States, to assist the Haitian people;
(e) To coordinate, as needed, with the OAS Special Mission and with the United Nations Special Adviser for Haiti, to prevent further deterioration of the humanitarian situation;
3. Declares its readiness to establish a follow-on United Nations stabilization force to support continuation of a peaceful and constitutional political process and the maintenance of a secure and stable environment, and in this regard requests the Secretary-General, in consultation with the Organization of American States, to submit to the Council recommendations, preferably by 30 days from adoption of this resolution, for the size, structure and mandate of such a force, including the role of international police and means of coordination with the OAS Special Mission, and for subsequent deployment of the United Nations force not later than three months from adoption of this resolution;
4. Welcomes the Secretary-General’s February 27 appointment of a Special Adviser for Haiti, and requests the Secretary-General to elaborate a programme of action for the United Nations to assist the constitutional political process and support humanitarian and economic assistance and promote the protection of human rights and the development of the rule of law;
5. Calls on Member States to contribute personnel, equipment and other necessary financial and logistic resources on an urgent basis to the Multinational Interim Force and invites contributing Member States to inform the leadership of the force and the Secretary-General of their intent to participate in the mission; and stresses the importance of such voluntary contributions to help defray the expenses of the Multinational Interim Force that participating Member States will bear;
6. Authorizes the Member States participating in the Multinational Interim Force in Haiti to take all necessary measures to fulfil its mandate;
7. Demands that all the parties to the conflict in Haiti cease using violent means, and reiterates that all parties must respect international law, including with respect to human rights and that there will be individual accountability and no impunity for violators; further demands that parties respect the constitutional succession and the political process under way to resolve the current crisis, and enable legitimate Haitian security forces and other public institutions to perform their duties and provide access to humanitarian agencies to carry out their work;
8. Further calls on all parties in Haiti and on Member States to cooperate fully with the Multinational Interim Force in Haiti in the execution of its mandate and to respect the security and freedom of movement of the Multinational Interim Force, as well as to facilitate the safe and unimpeded access of international humanitarian personnel and aid to populations in need in Haiti;
9. Requests the leadership of the Multinational Interim Force in Haiti to report periodically to the Council, through the Secretary-General, on the implementation of its mandate;
10. Calls upon the international community, in particular the United Nations, the Organization of American States, and the Caribbean Community, to work with the people of Haiti in a long-term effort to promote the rebuilding of democratic institutions and to assist in the development of a strategy to promote social and economic development and to combat poverty;
11. Decides to remain seized of the matter.
S/RES/1530 Condemnation of Madrid terrorist bombings
Date: 11 March 2004 Meeting: 4923
Vote: Unanimous
The Security Council,
Reaffirming the purposes and principles of the Charter of the United Nations and its relevant resolutions, in particular its 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 Madrid, Spain, perpetrated by the terrorist group ETA on 11 March 2004, in which many lives were claimed and people injured, and regards such act, like any act of terrorism, as a threat to peace and security;
2. Expresses its deepest sympathy and condolences to the people and Government of Spain and to the victims of the terrorist attacks and their families;
3. Urges all States, in accordance with their obligations under resolution 1373 (2001), to cooperate actively in efforts to find and bring to justice the perpetrators, organizers and sponsors of this terrorist attack;
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/1531 Extension of UN Mission in Ethiopia and Eritrea
Date: 12 March 2004 Meeting: 4924
Vote: Unanimous
The Security Council,
Reaffirming all its previous resolutions and statements pertaining to the situation between Ethiopia and Eritrea, and the requirements contained therein, including in particular resolution 1507 (2003) of 12 September 2003,
Reiterating its support for the peace process and its unwaivering commitment, including through the role played by the United Nations Mission in Ethiopia and Eritrea (UNMEE), to the full and expeditious implementation of the Comprehensive Peace Agreement signed by the Governments of Ethiopia and Eritrea (hereinafter referred to as “the parties”) on 12 December 2000 and the preceding Agreement on the Cessation of Hostilities of 18 June 2000 (S/2000/1183 and S/2000/601, respectively, hereinafter referred to as the “Algiers Agreements”), and 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,
Noting with concern the continuing impasse in the peace process, mainly due to the lack of progress in the demarcation of the border,
Taking note with concern of the Twelfth report on the work of the Eritrea-Ethiopia Boundary Commission of 27 February 2004, in particular its conclusion that under the present circumstances the Commission is unable to progress with demarcation activities,
Expressing its concern about Ethiopia’s rejection of significant parts of the Boundary Commission’s decision, and its current lack of cooperation with the Boundary Commission,
Expressing disappointment also about Eritrea’s refusal at present to engage with the Secretary-General’s Special Envoy for Ethiopia and Eritrea,
Emphasizing that cooperation with the Special Envoy offers both parties a concrete opportunity to move the peace process forward,
Recognizing the increasing demand for United Nations peacekeeping and resources from the international community for peacekeeping and peace-building purposes, and recalling the additional operational costs due to the delays in the demarcation process,
Expressing its support for the Special Representative of the Secretary-General and for UNMEE,
Having considered the report of the Secretary-General (S/2004/180), and fully supporting the observations made therein,
1. Decides to extend the mandate of UNMEE at the troop and military observer levels authorized by its resolution 1320 (2000) of 15 September 2000, until 15 September 2004;
2. Strongly urges the parties once again to cooperate fully and expeditiously with UNMEE in the implementation of its mandate, and to step up its efforts to ensure the security of all UNMEE staff, and reiterates in the strongest terms its demand that the parties allow UNMEE full freedom of movement and remove with immediate effect and without preconditions any and all restrictions on, and impediments to the work of, UNMEE and its staff in the discharge of their mandate;
3. Stresses that the primary responsibility for implementation of the Algiers Agreements and the decision of the Eritrea-Ethiopia Boundary Commission lies with both parties;
4. Calls on the parties to cooperate fully and promptly with the Boundary Commission, and to create the necessary conditions for demarcation to proceed expeditiously, including through the unequivocal restating of Ethiopia’s acceptance of the Boundary Commission’s decision, the appointment by Ethiopia of field liaison officers, and the payment of its dues to the Boundary Commission;
5. Reaffirms the crucial importance of a political dialogue between the two countries for the completion of the peace process and the consolidation of progress achieved so far, and urges both parties to normalize their relations, including through confidence-building measures, and to refrain from any threat or use of force against each other;
6. Reiterates its support for the initiative of the Secretary-General to exercise his good offices by appointing a Special Envoy, in order to facilitate the implementation of the Algiers Agreements, the decision of the Boundary Commission, and the relevant resolutions and decisions of the Security Council, and to encourage the normalization of diplomatic relations between the two countries, and emphasizes that this appointment does not constitute an alternative mechanism;
7. Expresses its full support for the Secretary-General’s Special Envoy for Ethiopia and Eritrea, Lloyd Axworthy, stresses that the Special Envoy enjoys the unanimous support of the witnesses to the Algiers Agreements, namely the United Nations, the United States of America, Algeria, the African Union, and the European Union, and urges both parties, in particular the government of Eritrea, to engage constructively and without further delay with the Special Envoy;
8. Urges both parties once again to establish expeditiously a direct high-altitude flight route between Asmara and Addis Ababa to relieve the unnecessary additional cost to UNMEE and memberStates;
9. Decides to monitor closely the steps taken by the parties in the implementation of their commitments under the Algiers Agreements, including through the Boundary Commission, and to review any implications for UNMEE;
10. Requests the Secretary-General to monitor the situation closely and to keep under review the mission’s effectiveness, and to adjust and streamline the mission’s operations as needed, taking into account also the mandate of UNMEE as outlined in paragraph 2 of resolution 1320 (2000);
11. Decides to remain actively seized of the matter.
S/RES/1532 Freeze of assets of former Liberian President Charles Taylor
Date: 12 March 2004 Meeting: 4925
Vote: Unanimous
The Security Council,
Recalling its resolution 1521 (2003) of 22 December 2003, and its other previous resolutions and statements by its President on the situation in Liberia and West Africa,
Noting with concern that the actions and policies of former Liberian President Charles Taylor and other persons, in particular their depletion of Liberian resources, and their removal from Liberia and secreting of Liberian funds and property from that country, have undermined Liberia’s transition to democracy and the orderly development of its political, administrative, and economic institutions and resources,
Recognizing the negative impact on Liberia of the transfer abroad of misappropriated funds and assets and the need for the international community to ensure as soon as possible, in accordance with paragraph 6 below, the return of such funds and assets to Liberia,
Also expressing concern that former President Taylor, in collaboration with others still closely associated with him, continues to exercise control over and to have access to such misappropriated funds and property, with which he and his associates are able to engage in activities that undermine peace and stability in Liberia and the region,
Determining that this situation constitutes a threat to international peace and security in West Africa, in particular to the peace process in Liberia,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that, to prevent former Liberian President Charles Taylor, his immediate family members, in particular Jewell Howard Taylor and Charles Taylor, Jr., senior officials of the former Taylor regime, or other close allies or associates as designated by the Committee established by paragraph 21 of resolution 1521 (2003) (hereinafter, “the Committee”) from using misappropriated funds and property to interfere in the restoration of peace and stability in Liberia and the sub-region, all States in which there are, at the date of adoption of this resolution or at any time thereafter, funds, other financial assets and economic resources owned or controlled directly or indirectly by Charles Taylor, Jewell Howard Taylor, and Charles Taylor, Jr. and/or those other individuals designated by the Committee, including funds, other financial assets and economic resources held by entities owned or controlled, directly or indirectly, by any of them or by any persons acting on their behalf or at their direction, as designated by the Committee, shall freeze without delay all such funds, other financial assets and economic resources, and shall ensure that neither these nor any other funds, other financial assets or economic resources are made available, by their nationals or by any persons within their territory, directly or indirectly, to or for the benefit of such persons;
2. Decides that the provisions of paragraph 1 above do not apply to funds, other financial assets and economic resources that:
(a) have been determined by relevant State(s) to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State(s) to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within two working days of such notification;
(b) have been determined by relevant State(s) to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State(s) to the Committee and has been approved by the Committee; or
(c) have been determined by relevant State(s) to be the subject of a judicial administrative, or arbitral lien or judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement: was entered prior to the date of the present resolution; is not for the benefit of a person referred to in paragraph 1 above or an individual or entity identified by the Committee; and has been notified by the relevant State(s) to the Committee;
3. Decides that all States may allow for the addition to accounts subject to the provisions of
paragraph 1 above of:
(a) interest or other earnings due on those accounts; and
(b) payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of paragraph 1 above;
provided that any such interest, other earnings and payments continue to be subject to those provisions;
4. Further decides that the Committee shall:
(a) identify individuals and entities of the types described in paragraph 1 above, and promptly circulate to all States a list of said individuals and entities, including by posting such a list on the Committee’s web site;
(b) maintain and regularly update and review every six months the list of those individuals and entities identified by the Committee as being subject to the measures set forth in paragraph 1 above;
(c) assist States, where necessary, in tracing and freezing the funds, other financial assets and economic resources of such individuals and entities;
(d) seek from all States information regarding the actions taken by them to trace and freeze such funds, other financial assets and economic resources;
5. Decides to review the measures imposed in paragraph 1 above at least once a year, the first review taking place by December 22, 2004 in conjunction with its review of the measures imposed in paragraphs 2, 4, 6 and 10 of resolution 1521 (2003), and to determine at that time what further action is appropriate;
6. Expresses its intention to consider whether and how to make available the funds, other financial assets and economic resources frozen pursuant to paragraph 1 above to the Government of Liberia, once that Government has established transparent accounting and auditing mechanisms to ensure the responsible use of government revenue to benefit directly the people of Liberia;
7. Decides to remain actively seized of the matter.
S/RES/1533 Strengthening of arms embargo in Democratic Republic of Congo
Date: 12 March 2004 Meeting: 4926
Vote Unanimous
The Security Council,
Recalling its previous resolutions and the statements by its President concerning the Democratic Republic of the Congo,
Reiterating its concern regarding the presence of armed groups and militias in the eastern part of the Democratic Republic of the Congo, particularly in North and South Kivu and in Ituri, which perpetuate a climate of insecurity in the whole region,
Condemning the continuing illicit flow of weapons into the Democratic Republic of the Congo, and declaring its determination to closely monitor compliance with the arms embargo imposed by its resolution 1493 of 28 July 2003,
Underscoring the right of the Congolese people to control their own natural resources, recalling in this regard the statement made by its President on 19 November 2003 (S/PRST/2003/21), which emphasizes the connection, in the context of the continuing conflict, between the illegal exploitation of natural resources and trafficking in raw materials and arms, as highlighted in the final report of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth in the Democratic Republic of Congo (S/2003/1027), and stressing for this purpose, the need for all Member States to work to achieve an end to the illegal exploitation of natural resources,
Encouraging all States signatories to the Nairobi Declaration of 15 March 2000 on the Problem of the Proliferation of Illicit Small Arms and Light Weapons in the Great Lakes Region and Horn of Africa to implement quickly the measures required by the Co-ordinated Agenda for Action as an important means of support of the measures imposed by paragraph 20 of resolution 1493,
Taking note of the Secretary-General’s fourteenth report on the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), dated 17 November 2003 (S/2003/1098), and of its recommendations,
Noting that the situation in the Democratic Republic of the Congo 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. Reaffirms the demand, laid down in paragraph 20 of resolution 1493, that all States take the necessary measures to prevent the supply of arms and any related materiel or assistance to armed groups operating in North and South Kivu and in Ituri, and to groups not party to the Global and All-Inclusive agreement on the Transition in the Democratic Republic of the Congo (signed in Pretoria on 17 December 2002);
2. Welcomes the recommendations contained in paragraph 72 of the fourteenth report of the Secretary-General on MONUC;
3. Requests MONUC to continue to use all means, within its capabilities, to carry out the tasks outlined in paragraph 19 of resolution 1493, and in particular to inspect, without notice as it deems it necessary, the cargo of aircraft and of any transport vehicle using the ports, airports, airfields, military bases and border crossings in North and South Kivu and in Ituri;
4. Authorizes MONUC to seize or collect, as appropriate, the arms and any related materiel whose presence in the territory of the Democratic Republic of the Congo violates the measures imposed by paragraph 20 of resolution 1493, and to dispose of such arms and related materiel as appropriate;
5. Reiterates its demand that all parties provide immediate, unconditional and unhindered access to MONUC personnel, in accordance with paragraphs 15 and 19 of resolution 1493, to enable them to carry out the tasks outlined in paragraphs 3 and 4 above;
6. Reiterates its condemnation of the continuing illegal exploitation of natural resources in the Democratic Republic of the Congo, especially in the eastern part of the country, which contributes to the perpetuation of the conflict, and reaffirms the importance of bringing an end to these illegal activities, including by applying the necessary pressure on the armed groups, traffickers and all other actors involved;
7. Urges all States, and especially those in the region, to take the appropriate steps to end these illegal activities, including through judicial means where possible, and, if necessary, to report to the Council;
8. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all members of the Council (the Committee), to undertake the following tasks:
(a) To seek from all States, and particularly those in the region, information regarding the actions taken by them to implement effectively the measures imposed by paragraph 20 of resolution 1493 and to comply with paragraphs 18 and 24 of the same resolution, and thereafter to request from them whatever further information it may consider useful; including by providing States with an opportunity, at the Committee’s request, to send representatives to meet with the Committee for more in-depth discussion of relevant issues;
(b) To examine, and to take appropriate action on, information concerning alleged violations of the measures imposed by paragraph 20 of resolution 1493 and information on alleged arms flows highlighted in the reports of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth in the Democratic Republic of the Congo, identifying where possible individual and legal entities reported to be engaged in such violations, as well as aircraft or other vehicles used;
(c) To present regular reports to the Council on its work, with its observations and recommendations, in particular on the ways to strengthen the effectiveness of the measures imposed by paragraph 20 of resolution 1493;
(d) To consider the lists referred to hereafter in paragraph 10 (g) with a view to submitting recommendations to the Council for possible future measures to be taken in this regard;
(e) To receive notifications in advance from States made under paragraph 21 of resolution 1493 and to decide, if need be, upon any action to be taken;
9. Requests all States, in particular those in the region, to report to the Committee, within sixty days from the date of adoption of this resolution, on the actions they have taken to implement the measures imposed by paragraph 20 of resolution 1493, and authorizes the Committee thereafter to request from Member States whatever further information it may consider necessary;
10. Requests the Secretary-General, in consultation with the Committee, to create, within thirty days from the date of adoption of this resolution, and for a period expiring on 28 July 2004, a group of experts consisting of no more than four members (the Group of experts), having the necessary skills to perform the following mandate:
(a) To examine and analyse information gathered by MONUC in the context of its monitoring mandate;
(b) To gather and analyse all relevant information in the Democratic Republic of the Congo, countries of the region and, as necessary, in other countries, in cooperation with the governments of those countries, flows of arms and related materiel, as well as networks operating in violation of the measures imposed by paragraph 20 of resolution 1493;
(c) To consider and recommend, where appropriate, ways of improving the capabilities of States interested, in particular those of the region, to ensure the measures imposed by paragraph 20 of resolution 1493 are effectively implemented;
(d) To report to the Council in writing before 15 July 2004, through the Committee, on the implementation of the measures imposed by paragraph 20 of resolution 1493, with recommendations in this regard;
(e) To keep the Committee frequently updated on its activities;
(f) To exchange with MONUC, as appropriate, information that might be of use in the fulfilment of its monitoring mandate as described in paragraph 3 and 4 above;
(g) To provide the Committee in its reports with a list, with supporting evidence, of those found to have violated the measures imposed by paragraph 20 of resolution 1493, and those found to have supported them in such activities for possible future measures by the Council;
11. Requests the Special Representative of the Secretary-General for the Democratic Republic of the Congo to communicate as appropriate to the Security Council, through the Committee, information gathered by MONUC and, when possible, reviewed by the Group of experts, concerning supply in arms and related materiel to armed groups and militias, and any possible presence of foreign military in the Democratic Republic of the Congo;
12. Urges all States, relevant United Nations bodies and, as appropriate, other organizations and interested parties, to cooperate fully with the Committee and with the Group of experts and MONUC, in particular by supplying any information at their disposal on possible violations of the measures imposed by paragraph 20 of resolution 1493;
13. Calls upon the international community, in particular the specialized international organizations concerned, to provide financial and technical assistance to the Government of the Democratic Republic of the Congo with a view to helping it exercise effective control over its borders and its airspace;
14. Decides to remain actively seized of the matter.
S/RES/1534 Review of caseloads by Yugoslavia and Rwanda International Tribunals
Date: 26 March 2004 Meeting: 4935
Vote: Unanimous
The Security Council,
Recalling its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 978 (1995) of 27 February 1995, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, and 1481 (2003) of 19 May 2003,
Recalling and reaffirming in the strongest terms the statement of 23 July 2002 made by the President of the Security Council (S/PRST/2002/21) endorsing the ICTY’s completion strategy and its resolution 1503 (2003) of
28 August 2003,
Recalling that resolution 1503 (2003) called on the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010 (the Completion Strategies), and requested the Presidents and Prosecutors of the ICTY and ICTR, in their annual reports to the Council, to explain their plans to implement the Completion Strategies,
Welcoming the presentations made by the ICTY and ICTR Presidents and Prosecutors to the Security Council on 9 October 2003,
Commending the important work of both Tribunals in contributing to lasting peace and security and national reconciliation and the progress made since their inception, commending them on their efforts so far to give effect to the Completion Strategies and calling on them to ensure effective and efficient use of their budgets, with accountability,
Reiterating its support for the ICTY and ICTR Prosecutors in their continuing efforts to bring at large indictees before the ICTY and the ICTR,
Noting with concern the problems highlighted in the presentations to the Security Council on 9 October 2003 in securing adequate regional cooperation,
Also noting with concern indications in the presentations made on 9 October, that it might not be possible to implement the Completion Strategies set out in resolution 1503 (2003),
Acting under Chapter VII of the Charter of the United Nations,
1. Reaffirms the necessity of trial of persons indicted by the ICTY and reiterates its call on all States, especially Serbia and Montenegro, Croatia and Bosnia and Herzegovina, and on the Republika Srpska within Bosnia and Herzegovina, to intensify cooperation with and render all necessary assistance to the ICTY, particularly to bring Radovan Karadzic and Ratko Mladic, as well as Ante Gotovina and all other indictees to the ICTY and calls on all at-large indictees of the ICTY to surrender to the ICTY;
2. Reaffirms the necessity of trial of persons indicted by the ICTR and reiterates its call on all States, especially Rwanda, Kenya, the Democratic Republic of the Congo and the Republic of the Congo to intensify cooperation with and render all necessary assistance to the ICTR, including on investigations of the Rwandan Patriotic Army and efforts to bring Felicien Kabuga and all other such indictees to the ICTR and calls on all at-large indictees of the ICTR to surrender to the ICTR;
3. Emphasizes the importance of fully implementing the Completion Strategies, as set out in paragraph 7 of resolution 1503 (2003), that calls on the ICTY and ICTR to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008 and to complete all work in 2010, and urges each Tribunal to plan and act accordingly;
4. Calls on the ICTY and ICTR Prosecutors to review the case load of the ICTY and ICTR respectively in particular with a view to determining which cases should be proceeded with and which should be transferred to competent national jurisdictions, as well as the measures which will need to be taken to meet the Completion Strategies referred to in resolution 1503 (2003) and urges them to carry out this review as soon as possible and to include a progress report in the assessments to be provided to the Council under paragraph 6 of this resolution;
5. Calls on each Tribunal, in reviewing and confirming any new indictments, to ensure that any such indictments concentrate on the most senior leaders suspected of being most responsible for crimes within the jurisdiction of the relevant Tribunal as set out in resolution 1503 (2003);
6. Requests each Tribunal to provide to the Council, by 31 May 2004 and every six months thereafter, assessments by its President and Prosecutor, setting out in detail the progress made towards implementation of the Completion Strategy of the Tribunal, explaining what measures have been taken to implement the Completion Strategy and what measures remain to be taken, including the transfer of cases involving intermediate and lower rank accused to competent national jurisdictions; and expresses the intention of the Council to meet with the President and Prosecutor of each Tribunal to discuss these assessments;
7. Declares the Council’s determination to review the situation, and in the light of the assessments received under the foregoing paragraph to ensure that the time frames set out in the Completion Strategies and endorsed by resolution 1503 (2003) can be met;
8. Commends those States which have concluded agreements for the enforcement of sentences of persons convicted by the ICTY or the ICTR or have otherwise accepted such convicted persons to serve their sentences in their respective territories; encourages other States in a position to do so to act likewise; and invites the ICTY and the ICTR to continue and intensify their efforts to conclude further agreements for the enforcement of sentences or to obtain the cooperation of other States in this regard;
9. Recalls that the strengthening of competent national judicial systems is crucially important to the rule of law in general and to the implementation of the ICTY and ICTR Completion Strategies in particular;
10. Welcomes in particular the efforts of the Office of the High Representative, ICTY, and the donor community to create a war crimes chamber in Sarajevo; encourages all parties to continue efforts to establish the chamber expeditiously; and encourages the donor community to provide sufficient financial support to ensure the success of domestic prosecutions in Bosnia and Herzegovina and in the region;
11. Decides to remain actively seized of the matter.
S/RES/ 1535 Restructuring of Counter-Terrorism Committee
Date: 26 March 2004 Meeting: 4936
Vote: Unanimous
The Security Council,
Reaffirming its resolution 1373 (2001) of 28 September 2001, adopted under Chapter VII of the Charter of the United Nations, and the Ministerial Declarations annexed respectively to resolution 1377 (2001) of 12 November 2001 and to resolution 1456 (2003) of 20 January 2003, as well as its other resolutions concerning threats to international peace and security caused by terrorism,
Reaffirming further that terrorism in all its forms and manifestations constitutes one of the most serious threats to peace and security,
Reaffirming its reinforced determination to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations,
Reminding States that they must ensure that any measures taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular international human rights, refugee, and humanitarian law,
Reaffirming its call upon States to become a party, as a matter of urgency, to all relevant international conventions and protocols relating to terrorism, and to support all international initiatives taken to that aim, and to make full use of the sources of assistance and guidance which are now available,
Commending Member States for their cooperation with the Counter-Terrorism Committee and calling upon all of them to continue to cooperate fully with the Committee,
Commending the progress made so far by the Counter-Terrorism Committee established by the Security Council under paragraph 6 of resolution 1373 (2001) acting under Chapter VII of the Charter in discharging its important responsibility to monitor the implementation of that resolution,
Stressing the important role that international, regional and subregional organizations play in the fight against terrorism, urging them to intensify their assistance to Member States with respect to the implementation of resolution 1373 (2001), and commending the Committee’s coordination of counter-terrorism efforts with such organizations,
Recognizing that many States continue to require assistance in implementing resolution 1373 (2001), and urging States and organizations to inform the Committee of areas in which they are able to offer assistance,
Recognizing also the need for the Committee, where appropriate, to visit States, with the consent of the State concerned, and to engage in a detailed discussion to monitor the implementation of resolution 1373 (2001),
Recognizing that such visits should be conducted, when appropriate, in close cooperation with relevant international, regional and subregional organizations and other United Nations bodies, including the United Nations Office on Drugs and Crime, in particular with its Terrorism Prevention Branch, taking special care of the assistance that might be available to address States’ needs,
Stressing the importance of enhancing the monitoring of the implementation of resolution 1373 (2001),
Having considered the report of the Chairman of the Committee (S/2004/70) on the problems encountered both by Member States and the Committee itself in the implementation of resolution 1373 (2001),
Stressing the importance of addressing these difficulties so as to enable the Committee to monitor effectively the implementation of resolution 1373 (2001) and to enhance the capacity-building work in which it is engaged,
Bearing in mind the special nature of resolution 1373 (2001), the continuing threats to peace and security caused by terrorism, the important role the United Nations and the Security Council must continue to play in the global fight against terrorism, the need to reinforce the Committee as the Security Council subsidiary body responsible in this area, and without setting a precedent for other bodies of the Security Council,
1. Endorses the report of the Committee on its revitalization (S/2004/124);
2. Decides that the revitalized Committee will consist of the Plenary — composed of the Security Council member States — and the Bureau, the latter composed of the Chair and the Vice-Chairs, assisted by the Counter-Terrorism Committee Executive Directorate (hereinafter “CTED”) to be established as a special political mission, under the policy guidance of the Plenary, for an initial period ending 31 December 2007 and subject to a comprehensive review by the Security Council by 31 December 2005, so as to enhance the Committee’s ability to monitor the implementation of resolution 1373 (2001) and effectively continue the capacity-building work in which it is engaged;
3. Decides further that the CTED, headed by an Executive Director, will be responsible for the tasks stated in the report of the Committee (S/2004/124) and requests the Secretary-General, within 45 days of the adoption of this resolution, to appoint, after consultation with and subject to the approval of the Council, an Executive Director of the CTED who will take up office as soon as possible;
4. Requests the Executive Director of the CTED, within 30 days of taking office, in consultation with and through the Secretary-General, to submit to the Plenary, for its endorsement, an organizational plan for the CTED, consistent with the Committee’s report (S/2004/124) and United Nations rules and regulations, including its structure, staffing requirements, budget needs, management guidelines, recruitment procedures, recognizing in particular the need for an effective, cooperative management structure for the new body, and staffing with suitably qualified and experienced personnel, who would be international civil servants subject to Article 100 of the Charter, securing the highest standards of efficiency, competence and integrity and paying due regard to the importance of recruiting the staff on as wide a geographical basis as possible;
5. Requests the Chairman of the Committee to present such an organizational plan to the Security Council for its endorsement, and further requests the Secretary-General to take the appropriate steps to implement it on an expedited basis, including, at the appropriate time, seeking the General Assembly’s approval;
6. Decides that the Committee will continue to report to the Council on a regular basis;
7. Stresses the importance of ensuring that the Committee continues to operate effectively during the consolidation of the Committee’s support structure into the CTED, and in this regard, decides that the Committee will continue to operate with its present support structure until the Committee, in consultation with the Secretary-General, determines that the CTED is operational;
8. Decides to remain actively seized of the matter.
S/RES/1536 Extension of UN Mission in Afghanistan
Date: 26 March 2004 Meeting: 4937
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on Afghanistan, in particular its resolution 1471 (2003) extending the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) through 27 March 2004,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Welcoming the Constitution adopted by the Loya Jirga on 4 January 2004 which reflects the determination of the Afghan people to ensure the transition of their country towards a stable and democratic State,
Recognizing that the United Nations must continue to play its central and impartial role in the international efforts to assist the Afghan people in consolidating peace in Afghanistan and rebuilding their country,
Reaffirming the Transitional Administration as the sole legitimate government of Afghanistan pending the democratic presidential and parliamentary elections envisioned in the Bonn Agreement as in the Afghan constitution,
Reiterating its strong support for the full implementation of the Bonn Agreement (S/2001/1154) and supporting also the objectives of the international conference scheduled to take place in Berlin from 31 March to
1 April 2004 to allow the Afghan authorities and the international community to reaffirm their long-term commitment to take the transitional process in Afghanistan forward, including by demonstrating support for the Afghan political process and its national security, as well as by confirming and generating international financial and other donations,
Recalling the importance of the coming elections to establish democratic Afghan authorities as a further step towards implementation of the Bonn Agreement and welcoming in that regard the creation of a Joint Electoral Management Body and the initial progress made in voter registration,
Recalling and emphasizing the importance of the Kabul Declaration of 22 December 2002 on Good-Neighbourly relations (S/2002/1416), and encouraging all States concerned to continue to follow up on the Kabul Declaration and the Declaration on Trade, Transit and Inward Investment signed in Dubai in September 2003,
Stressing also the importance of extending central government authority to all parts of Afghanistan, of comprehensive nationwide disarmament, demobilization and reintegration of all armed factions, and of security sector reform including reconstitution of the new Afghan National Army and Afghan National Police,
Welcoming the visit of the Security Council Mission to Afghanistan in October-November 2003 and takes note of its report and recommendations,
1. Decides to extend UNAMA for an additional period of 12 months from the date of adoption of this resolution;
2. Welcomes the report of the Secretary-General of 23 March 2004 (S/2004/230) and the recommendations contained therein;
3. Stresses the importance of the provision of sufficient security and of significant donor support for the holding of credible national elections in accordance with the Afghan constitution and the Bonn Agreement and to this end urges member states and international organizations to coordinate closely with UNAMA and the Transitional Administration;
4. Encourages Afghan authorities to enable an electoral process that provides for voter participation that is representative of the national demographics including women and refugees and calls upon all eligible Afghans to fully participate in the registration and electoral processes;
5. Encourages UNAMA and the Afghan authorities, in this regard, to accelerate voter registration efforts in preparation for elections and urges close coordination between Afghan and UN authorities;
6. Welcomes the progress made since the commencement of the Disarmament, Demobilization and Reintegration (DDR) process in October 2003 and the contribution of the International Observer Group in this regard; stresses that efforts on the part of the Afghan Authorities and all Afghan parties, supported by the international community, to achieve further progress on DDR are critical, particularly for the creation of an environment more conducive to the conduct of free and fair elections; and in this regard, calls upon all Afghan parties to abide by commitments made in the Bonn Agreement including its Annex 1;
7. Welcomes the efforts to date of the Afghan authorities to implement their National Drug Control Strategy adopted in May 2003 and urges the Afghan authorities to make further efforts in that regard and Member States to support its implementation with the necessary resources;
8. Stresses that tackling the drugs trade cannot be separated from creating a strong economy and a secure environment in Afghanistan and cannot be achieved without increased cooperation among neighbouring states and countries along trafficking routes to strengthen anti-narcotic controls to curb the drug flow, and notes with concern in this regard the assessment made by UNODC in its last Afghan opium survey;
9. Welcomes the appointment of Jean Arnault as new Special Representative of the Secretary-General (SRSG) for Afghanistan; reaffirms its continued strong support for the SRSG and the concept of a fully integrated mission and endorses his full authority, in accordance with all relevant resolutions, over all United Nations activities in Afghanistan;
10. Requests UNAMA, with the support of the Office of the United Nations High Commissioner for Human Rights, to continue to assist the Afghan Independent Human Rights Commission in the full implementation of the human rights provisions of the new Afghan constitution, in particular those regarding the full enjoyment by women of their human rights; requests also that UNAMA support the establishment of a fair and transparent judicial system, and work towards the strengthening of the rule of law;
11. 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;
12. Welcomes the progress made by the International Security Assistance Force (ISAF), in expanding its presence outside of Kabul and in implementing its mandate in accordance with resolutions 1444 (2002) and 1510 (2003), requests that ISAF continue working in close consultation with the Secretary-General and his Special Representative; calls upon troop contributors to provide the necessary resources to ensure the full implementation of the mandate of ISAF;
13. Welcomes the development of the new Afghan National Army and Afghan National Police as important steps towards the goal of Afghan security forces providing security and ensuring the rule of law throughout the country, and also welcomes the readiness of ISAF to provide security assistance for the organization of the forthcoming elections in support of the Afghan authorities and UNAMA in accordance with resolution 1510;
14. Requests the Secretary-General to report to the Council in a timely manner on developments in Afghanistan, including, after elections, on the future role of UNAMA;
15. Decides to remain actively seized of the matter.
S/RES/1537 Extension of UN Mission in Sierra Leone
Date: 30 March 2004 Meeting: 4938
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,
Commending the efforts of the Economic Community of West African States towards building peace in the subregion, and encouraging the Presidents of the Mano River Union member States to resume dialogue and to renew their commitment to building regional peace and security,
Expressing its appreciation to those Member States providing troops, civilian police personnel and support elements to the United Nations Mission in Sierra Leone (UNAMSIL),
Having considered the report of the Secretary-General of 19 March 2004 (S/2004/228),
Welcoming the significant progress made towards the benchmarks for drawdown of UNAMSIL, in accordance with Security Council resolutions 1436 (2002) and 1492 (2003), and commending UNAMSIL for the progress made to date in the adjustments to its size, composition and deployment,
Noting, however, that progress towards the benchmarks remains fragile, and some major gaps still remain, in particular with regard to the capacity of the Sierra Leone Police and armed forces to maintain security and stability effectively,
Reiterating the importance of the effective consolidation of stability and State authority throughout Sierra Leone, particularly in the sensitive diamond-producing areas and in the border areas, and stressing continued United Nations support to the Government of Sierra Leone in fulfilling these objectives,
Emphasizing the importance of free, fair and transparent local elections in May 2004 and encouraging the Government of Sierra Leone to make the necessary preparations, assisted by UNAMSIL within its mandate,
Encouraging the Truth and Reconciliation Commission to produce its report as soon as possible and welcoming the intention of the Government of Sierra Leone to establish a Human Rights Commission thereafter,
Noting the Secretary-General’s analysis of the need for a significantly-reduced United Nations peacekeeping presence to remain in Sierra Leone into 2005,
Emphasizing the importance of the Government of Sierra Leone’s assuming full responsibility for national security as soon as possible,
1. Decides that the mandate of the United Nations Mission in Sierra Leone (UNAMSIL) shall be extended for a period of six months until 30 September 2004;
2. Welcomes the Secretary-General’s intention to adjust the timetable for UNAMSIL’s drawdown during 2004, in order to ensure a more gradual reduction in its military strength, as outlined in paragraph 72 of his report;
3. Urges the Government of Sierra Leone to intensify its efforts to develop an effective and sustainable police force, army, penal system and independent judiciary, so that the Government can rapidly take over from UNAMSIL full responsibility for maintaining law and order throughout Sierra Leone, and encourages donors and UNAMSIL, in accordance with its mandate, to continue to assist the Government in this regard;
4. Urges the Government of Sierra Leone to continue to strengthen its control over, and regulation of, diamond mining, including through the High Level Steering Committee;
5. Decides that a residual UNAMSIL presence will remain in Sierra Leone, for an initial period of six months from 1 January 2005, reduced from the December 2004 level of 5,000 troops by 28 February 2005 to a new ceiling of 3,250 troops, 141 military observers and 80 United Nations civilian police personnel, and requests the Secretary-General to proceed with planning on the basis of the recommendations in his report, in order to ensure a seamless transition from the current configuration of UNAMSIL to the residual presence;
6. Affirms its intention to confirm the precise tasks of the residual UNAMSIL presence, and the benchmarks for its duration, no later than 30 September 2004;
7. Requests the Secretary-General to provide by 15 September 2004 a progress report, including progress made in the work of the Special Court for Sierra Leone, progress in resolving the conflict in Liberia, further increases in the capability of the Sierra Leone Police and armed forces and strengthened cooperation among United Nations missions in the subregion, with recommendations for any modifications such progress might allow to the size, composition, duration and benchmarks of the residual UNAMSIL presence;
8. 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, including by quarterly assessments of progress against the benchmarks for UNAMSIL’s drawdown, including the capacity of the Sierra Leone security sector;
9. Expresses its appreciation for the essential work being carried out by the Special Court for Sierra Leone, notes with serious concern the precarious financial situation of the Court for its third year of operation, urges all countries to submit their outstanding pledged funds immediately, supports the Secretary-General’s request to the General Assembly to consider a contribution to the financing of the Court from the regular budget, as in the Secretary-General’s report to the General Assembly of 14 March 2004 (A/58/733), and urges all States to cooperate fully with the Court;
10. Commends the Secretary-General’s efforts to establish cooperation between the United Nations missions in the subregion and welcomes his intention in paragraph 65 of his report to submit recommendations to the Council by the end of 2004 on how such cooperation might be strengthened;
11. Requests UNAMSIL to share its experience with the United Nations Mission in Liberia and the United Nations Operation in Côte d’Ivoire and to carry out its mandate in close liaison with them, especially in the prevention of movements of arms and combatants across borders and in the implementation of disarmament, demobilization and reintegration programmes;
12. Decides to remain actively seized of the matter.
S/RES/1538 Appointment of inquiry into Iraq ‘oil-for-food’ programme
Date: 21 April 2004 Meeting: 4946
Vote: Unanimous
The Security Council,
Expressing the desire to see a full and fair investigation of efforts by the former Government of Iraq, including through bribery, kickbacks, surcharges on oil sales, and illicit payments in regard to purchases of humanitarian goods, to evade the provisions of resolution 661 (1990) of 6 August 1990 and subsequent relevant resolutions,
Concerned by public news reports and commentaries that have called into question the administration and management of the Oil-for-food Programme (hereinafter the Programme) established pursuant to resolution 986 (1995) of 14 April 1995 and subsequent relevant resolutions, including allegations of fraud and corruption,
Affirming that any illicit activity by United Nations officials, personnel and agents, as well as contractors, including entities that have entered into contracts under the Programme, is unacceptable,
Emphasizing the importance of full cooperation with the independent high-level inquiry by all United Nations officials and personnel, the Coalition Provisional Authority, Iraq, and all other MemberStates,
Affirming the letter of its President of 31 March 2004 welcoming the Secretary-General’s decision to create an independent high-level inquiry to investigate the administration and management of the Programme and taking note of the details relating to its organization and terms of reference,
1. Welcomes the appointment of the independent high-level inquiry;
2. Calls upon the Coalition Provisional Authority, Iraq, and all other MemberStates, including their national regulatory authorities, to cooperate fully by all appropriate means with the inquiry;
3. Looks forward to receiving the inquiry’s final report;
4. Decides to remain actively seized of the matter.
S/RES/1539 Condemnation on recruitment of child soldiers
Date: 22 April 2004 Meeting: 4948
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 1261 (1999) of 25 August 1999, 1314 (2000) of 11 August 2000, 1379 (2001) of 20 November 2001, and 1460 (2003) of 30 January 2003 which provide a comprehensive framework for addressing the protection of children affected by armed conflict,
Recalling its resolution 1308 (2000) on the responsibility of the Security Council in the maintenance of peace and security: HIV/AIDS and International Peacekeeping Operations and its resolution 1325 (2000) on Women, Peace and Security,
While noting the advances made for the protection of children affected by armed conflict, particularly in the areas of advocacy and the development of norms and standards, remaining deeply concerned over the lack of overall progress on the ground, where parties to conflict continue to violate with impunity the relevant provisions of applicable international law relating to the rights and protection of children in armed conflict,
Recalling the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children,
Reiterating its primary responsibility for the maintenance of international peace and security and, in this connection, its commitment to address the widespread impact of armed conflict on children,
Underlining the importance of the full, safe and unhindered access of humanitarian personnel and goods and the delivery of humanitarian assistance to all children affected by armed conflict,
Noting the fact that the conscription or enlistment of children under the age of 15 or using them to participate actively in hostilities in both international and non-international armed conflict is classified as a war crime by the Rome Statute of the International Criminal Court and noting also that the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict requires States parties to set a minimum age of 18 for compulsory recruitment and participation in hostilities and to raise the minimum age for voluntary recruitment from that set out in article 38, paragraph 3, of the Convention on the Rights of the Child and to take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities,
Stressing its determination to ensure respect for its resolutions and other international norms and standards for the protection of children affected by armed conflict,
Having considered the report of the Secretary-General of 10 November 2003 pursuant to paragraph 16 of its resolution 1460 (2003) and stressing that the present resolution does not seek to make any legal determination as to whether situations which will be referred in the Secretary-General’s report are or are not armed conflicts within the context of the Geneva Conventions and the Additional Protocols thereto, nor does it prejudge the legal status of the non-State parties involved in these situations,
1. Strongly condemns the recruitment and use of child soldiers by parties to armed conflict in violation of international obligations applicable to them, killing and maiming of children, rape and other sexual violence mostly committed against girls, abduction and forced displacement, denial of humanitarian access to children, attacks against schools and hospitals as well as trafficking, forced labour and all forms of slavery and all other violations and abuses committed against children affected by armed conflict;
2. Requests the Secretary-General, taking into account the proposals contained in his report as well as any other relevant elements, to devise urgently and preferably within three months, an action plan for a systematic and comprehensive monitoring and reporting mechanism, which utilizes expertise from the United Nations system and the contributions of national Governments, regional organizations, non-governmental organizations in their advisory capacity and various civil society actors, in order to provide timely, objective, accurate and reliable information on the recruitment and use of child soldiers in violation of applicable international law and on other violations and abuses committed against children affected by armed conflict, for consideration in taking appropriate action;
3. Expresses its intention to take appropriate measures, in particular while considering subregional and cross-border activities, to curb linkages between illicit trade in natural and other resources, illicit trafficking in small arms and light weapons, cross-border abduction and recruitment, and armed conflict, which can prolong armed conflict and intensify its impact on children, and consequently requests the Secretary-General to propose effective measures to control this illicit trade and trafficking;
4. Calls upon all parties concerned to abide by the international obligations applicable to them relating to the protection of children affected by armed conflict, as well as the concrete commitments they have made to the Special Representative of the Secretary-General for Children and Armed Conflict, to UNICEF and other United Nations agencies, and to cooperate fully with the United Nations peacekeeping missions and United Nations country teams, where appropriate in the context of the cooperation framework between the United Nations and the concerned government, in the follow-up and implementation of these commitments;
5. Takes note with deep concern of the continued recruitment and use of children by parties mentioned in the Secretary-General’s report in situations of armed conflict which are on its agenda, in violation of applicable international law relating to the rights and protection of children and, in this regard:
(a) Calls upon these parties to prepare within three months concrete time-bound action plans to halt recruitment and use of children in violation of the international obligations applicable to them, in close collaboration with United Nations peacekeeping missions and United Nations country teams, consistent with their respective mandates;
(b) Requeststhe Secretary-General, in order to promote an effective and coordinated follow-up to this resolution, to ensure that compliance by these parties is reviewed regularly, within existing resources, through a process involving all stakeholders at the country level, including government representatives, and coordinated by a focal point to be designated by the Secretary-General and in charge of engaging parties in dialogue leading to time-bound action plans, so as to report to the Secretary-General through his Special Representative by 31 July 2004, bearing in mind lessons learned from past dialogues as contained in paragraph 77 of the Secretary-General’s report;
(c) Expressesits intention to consider imposing targeted and graduated measures, through country-specific resolutions, such as, inter alia, a ban on the export or supply of small arms and light weapons and of other military equipment and on military assistance, against these parties if they refuse to enter into dialogue, fail to develop an action plan or fail to meet the commitments included in their action plan, bearing in mind the Secretary-General’s report;
6. Also takes note with deep concern of the continued recruitment and use of children by parties in other situations of armed conflict mentioned in the Secretary-General’s report, in violation of applicable international law relating to the rights and protection of children, calls on these parties to halt immediately their recruitment or use of children and expresses, on the basis of timely, objective, accurate and reliable information received from relevant stakeholders, its intention to consider taking appropriate steps to further address this issue, in accordance with the Charter of the United Nations, its resolutions 1379 (2001) and 1460 (2003) and the present resolution;
7. Decides to continue the inclusion of specific provisions for the protection of children in the mandates of United Nations peacekeeping operations, including, on a case-by-case basis, the deployment of child protection advisers (CPAs), and requests the Secretary-General to ensure that the need for, and the number and roles of CPAs are systematically assessed during the preparation of each United Nations peacekeeping operation;
8. Reiterates its requests to all parties concerned, including United Nations agencies, funds and programmes as well as financial institutions, to continue to ensure that all children associated with armed forces and groups, as well as issues related to children, are systematically included in every disarmament, demobilization and reintegration process, taking into account the specific needs and capacities of girls, with a particular emphasis on education, including the monitoring, through, inter alia, schools, of children demobilized in order to prevent re-recruitment and bearing in mind the assessment of best practices, including those contained in paragraph 65 of the report of the Secretary-General;
9. Calls upon States and the United Nations system to recognize the important role of education in conflict areas in halting and preventing recruitment and re-recruitment of children contrary to the obligations of parties to conflict;
10. Notes with concern all the cases of sexual exploitation and abuse of women and children, especially girls, in humanitarian crisis, including those cases involving humanitarian workers and peacekeepers, requests contributing countries to incorporate the Six Core Principles of the Inter-Agency Standing Committee on Emergencies into pertinent codes of conduct for peacekeeping personnel and to develop appropriate disciplinary and accountability mechanisms and welcomes the promulgation of the Secretary-General’s bulletin on special measures for protection from sexual exploitation and sexual abuse;
11. Requests the agencies, funds and programmes of the United Nations, with support from contributing countries, to implement HIV/AIDS education and offer HIV testing and counselling services for all United Nations peacekeepers, police and humanitarian personnel;
12. Welcomes recent initiatives by regional and subregional organizations and arrangements for the protection of children affected by armed conflict and, in this regard, notes the adoption by ECOWAS of a peer review framework on the protection of children and the adoption of “Guidelines on Children and Armed Conflict” by the European Union and encourages such organizations and arrangements, in cooperation with the United Nations, to pursue their efforts, through, inter alia:
(a) Mainstreaming the protection of children affected by armed conflict into their advocacy, policies and programmes, paying special attention to girls;
(b) Developing peer review and monitoring and reporting mechanisms;
(c) Establishing, within their secretariats, child protection mechanisms;
(d) Including child protection staff and training in their peace and field operations;
(e) Undertaking sub- and interregional initiatives to end activities harmful to children in times of conflict, in particular, cross-border recruitment and abduction of children, illicit movement of small arms, and illicit trade in natural resources;
13. Encourages support for the development and strengthening of capacities of national and regional institutions and local and regional civil society networks to ensure the sustainability of local initiatives for advocacy, protection and rehabilitation of children affected by armed conflict;
14. Reiterates its request to the Secretary-General to ensure that in all his reports on country-specific situations, the protection of children is included as a specific aspect of the report and expresses its intention to give its full attention to the information provided therein when dealing with those situations on its agenda and in this regard stresses the primary responsibility of the United Nations peacekeeping missions and United Nations country teams, consistent within their respective mandates, to ensure effective follow-up to this and the other resolutions;
15. Further requests the Secretary-General to submit a report by 31 October 2004 on the implementation of this resolution and its resolutions 1379 (2001) and 1460 (2003) which would include, inter alia:
(a) Information on compliance and progress made by parties mentioned in his report in situations of armed conflict which are on the agenda of the Security Council, in accordance with paragraph 5, as well as by parties in other situations of armed conflict mentioned in his report, in accordance with paragraph 6, in ending the recruitment or use of children in armed conflict in violation of applicable international law relating to the rights and protection of children, bearing in mind all other violations and abuses committed against children affected by armed conflict;
(b) Information on progress made regarding the action plan requested in paragraph 2 that calls for a systematic and comprehensive monitoring and reporting mechanism;
(c) The incorporation of best practices for DDR programmes outlined in his report;
16. Decides to remain actively seized of this matter.
S/RES/1540 Prevent proliferation of nuclear, chemical, biological weapons
Date: 28 April 2004 Meeting: 4956
Vote: Unanimous
The Security Council,
|
*Definitions for the purpose of this
resolution only:
Means
of delivery: missiles, rockets and other unmanned systems capable of
delivering nuclear, chemical, or biological weapons, that are specially
designed for such use.
Non-State
actor: individual or entity, not acting under the lawful authority of any
State in conducting activities which come within the scope of this
resolution.
Related
materials: materials, equipment and technology covered by relevant
multilateral treaties and arrangements, or included on national control
lists, which could be used for the design, development, production or use of
nuclear, chemical and biological weapons and their means of delivery.
|
Affirming that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery,* constitutes a threat to international peace and security,
Reaffirming, in this context, the Statement of its President adopted at the Council’s meeting at the level of Heads of State and Government on 31 January 1992 (S/23500), including the need for all Member States to fulfil their obligations in relation to arms control and disarmament and to prevent proliferation in all its aspects of all weapons of mass destruction,
Recalling also that the Statement underlined the need for all Member States to resolve peacefully in accordance with the Charter any problems in that context threatening or disrupting the maintenance of regional and global stability,
Affirming its resolve to take appropriate and effective actions against any threat to international peace and security caused by the proliferation of nuclear, chemical and biological weapons and their means of delivery, in conformity with its primary responsibilities, as provided for in the United Nations Charter,
Affirming its support for the multilateral treaties whose aim is to eliminate or prevent the proliferation of nuclear, chemical or biological weapons and the importance for all States parties to these treaties to implement them fully in order to promote international stability,
Welcoming efforts in this context by multilateral arrangements which contribute to non-proliferation,
Affirming that prevention of proliferation of nuclear, chemical and biological weapons should not hamper international cooperation in materials, equipment and technology for peaceful purposes while goals of peaceful utilization should not be used as a cover for proliferation,
Gravely concerned by the threat of terrorism and the risk that non-State actors* such as those identified in the United Nations list established and maintained by the Committee established under Security Council resolution 1267 and those to whom resolution 1373 applies, may acquire, develop, traffic in or use nuclear, chemical and biological weapons and their means of delivery,
Gravely concerned by the threat of illicit trafficking in nuclear, chemical, or biological weapons and their means of delivery, and related materials,* which adds a new dimension to the issue of proliferation of such weapons and also poses a threat to international peace and security,
Recognizing the need to enhance coordination of efforts on national, subregional, regional and international levels in order to strengthen a global response to this serious challenge and threat to international security,
Recognizing that most States have undertaken binding legal obligations under treaties to which they are parties, or have made other commitments aimed at preventing the proliferation of nuclear, chemical or biological weapons, and have taken effective measures to account for, secure and physically protect sensitive materials, such as those required by the Convention on the Physical Protection of Nuclear Materials and those recommended by the IAEA Code of Conduct on the Safety and Security of Radioactive Sources,
Recognizing further the urgent need for all States to take additional effective measures to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery,
Encouraging all Member States to implement fully the disarmament treaties and agreements to which they are party,
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,
Determined to facilitate henceforth an effective response to global threats in the area of non-proliferation,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that all States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery;
2. Decides also that all States, in accordance with their national procedures, shall adopt and enforce appropriate effective laws which prohibit any non-State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, in particular for terrorist purposes, as well as attempts to engage in any of the foregoing activities, participate in them as an accomplice, assist or finance them;
3. Decides also that all States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery, including by establishing appropriate controls over related materials and to this end shall:
(a) Develop and maintain appropriate effective measures to account for and secure such items in production, use, storage or transport;
(b) Develop and maintain appropriate effective physical protection measures;
(c) Develop and maintain appropriate effective border controls and law enforcement efforts to detect, deter, prevent and combat, including through international cooperation when necessary, the illicit trafficking and brokering in such items in accordance with their national legal authorities and legislation and consistent with international law;
(d) Establish, develop, review and maintain appropriate effective national export and trans-shipment controls over such items, including appropriate laws and regulations to control export, transit, trans-shipment and re-export and controls on providing funds and services related to such export and trans-shipment such as financing, and transporting that would contribute to proliferation, as well as establishing end-user controls; and establishing and enforcing appropriate criminal or civil penalties for violations of such export control laws and regulations;
4. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, for a period of no longer than two years, a Committee of the Security Council, consisting of all members of the Council, which will, calling as appropriate on other expertise, report to the Security Council for its examination, on the implementation of this resolution, and to this end calls upon States to present a first report no later than six months from the adoption of this resolution to the Committee on steps they have taken or intend to take to implement this resolution;
5. Decides that none of the obligations set forth in this resolution shall be interpreted so as to conflict with or alter the rights and obligations of State Parties to the Nuclear Non-Proliferation Treaty, the Chemical Weapons Convention and the Biological and Toxin Weapons Convention or alter the responsibilities of the International Atomic Energy Agency or the Organization for the Prohibition of Chemical Weapons;
6. Recognizes the utility in implementing this resolution of effective national control lists and calls upon all Member States, when necessary, to pursue at the earliest opportunity the development of such lists;
7. Recognizes that some States may require assistance in implementing the provisions of this resolution within their territories and invites States in a position to do so to offer assistance as appropriate in response to specific requests to the States lacking the legal and regulatory infrastructure, implementation experience and/or resources for fulfilling the above provisions;
8. Calls upon all States:
(a) To promote the universal adoption and full implementation, and, where necessary, strengthening of multilateral treaties to which they are parties, whose aim is to prevent the proliferation of nuclear, biological or chemical weapons;
(b) To adopt national rules and regulations, where it has not yet been done, to ensure compliance with their commitments under the key multilateral non-proliferation treaties;
(c) To renew and fulfil their commitment to multilateral cooperation, in particular within the framework of the International Atomic Energy Agency, the Organization for the Prohibition of Chemical Weapons and the Biological and Toxin Weapons Convention, as important means of pursuing and achieving their common objectives in the area of non-proliferation and of promoting international cooperation for peaceful purposes;
(d) To develop appropriate ways to work with and inform industry and the public regarding their obligations under such laws;
9. Calls upon all States to promote dialogue and cooperation on non-proliferation so as to address the threat posed by proliferation of nuclear, chemical, or biological weapons, and their means of delivery;
10. Further to counter that threat, calls upon all States, in accordance with their national legal authorities and legislation and consistent with international law, to take cooperative action to prevent illicit trafficking in nuclear, chemical or biological weapons, their means of delivery, and related materials;
11. Expresses its intention to monitor closely the implementation of this resolution and, at the appropriate level, to take further decisions which may be required to this end;
12. Decides to remain seized of the matter.
S/RES/1541 Extension of UN Mission for Referendum in Western Sahara
Date: 29 April 2004 Meeting: 4957
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Western Sahara, and reaffirming, in particular, resolution 1495 (2003) of 31 July 2003,
Reaffirming its commitment to assist the parties to achieve 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, and noting the role and responsibilities of the parties in this respect,
Having considered the report of the Secretary-General of 23 April 2004 (S/2004/325),
1. Reaffirms its support for the Peace Plan for Self-Determination of the People of Western Sahara as an optimum political solution on the basis of agreement between the two parties;
2. Reaffirms also its strong support for the efforts of the Secretary-General and his Personal Envoy in order to achieve a mutually acceptable political solution to the dispute over Western Sahara;
3. Calls upon all the parties and the States of the region to cooperate fully with the Secretary-General and his Personal Envoy;
4. Decides to extend the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 31 October 2004;
5. Requests that the Secretary-General provide a report on the situation before the end of the present mandate and requests the Secretary-General to include in this report an evaluation of the mission size necessary for MINURSO to carry out its mandated tasks, with a view towards its possible reduction;
6. Decides to remain seized of the matter.
S/RES/1542 Establishment of UN Stabilization Mission in Haiti
Date: 30 April 2004 Meeting: 4961
Vote: Unanimous
The Security Council,
Recalling resolution 1529 (2004) of 29 February 2004,
Welcoming the report of the Secretary-General on 16 April 2004 (S/2004/300) and supporting its recommendations,
Affirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Haiti,
Deploring all violations of human rights, particularly against the civilian population, and urging the Transitional Government of Haiti (“Transitional Government”) to take all necessary measures to put an end to impunity and to ensure that the continued promotion and protection of human rights and the establishment of a State based on the rule of law and an independent judiciary are among its highest priorities,
Reaffirming also its resolutions 1325 (2000) on women, peace and security, 1379 (2001), 1460 (2003) and 1539 (2004) on children in armed conflicts, as well as resolutions 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflicts,
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,
Commending the rapid and professional deployment of the Multinational Interim Force (MIF) and the stabilization efforts it has undertaken,
Taking note of the Political Agreement reached by some key parties on 4 April 2004 and urging all parties to work without delay towards a broad political consensus on the nature and duration of the political transition,
Reiterating its call upon the international community to continue to assist and support the economic, social and institutional development of Haiti over the long term, and welcoming the intention of the Organization of American States (OAS), the Caribbean Community (CARICOM), and of the international donor community, as well as international financial institutions, to participate in those efforts,
Noting the existence of challenges to the political, social and economic stability of Haiti and determining that the situation in Haiti continues to constitute a threat to international peace and security in the region,
1. Decides to establish the United Nations Stabilization Mission in Haiti (MINUSTAH), the stabilization force called for in resolution 1529 (2004), for an initial period of six months, with the intention to renew for further periods; and requests that authority be transferred from the MIF to MINUSTAH on 1 June 2004;
2. Authorizes remaining elements of the MIF to continue carrying out its mandate under UNSCR 1529 (2004) within the means available for a transition period not exceeding 30 days from 1 June 2004, as required and requested by MINUSTAH;
3. Requests the Secretary-General to appoint a Special Representative in Haiti who will have overall authority on the ground for the coordination and conduct of all the activities of the United Nations agencies, funds and programmes in Haiti;
4. Decides that MINUSTAH will consist of a civilian and a military component in accordance with the Secretary-General’s report on Haiti (S/2004/300): a civilian component will include a maximum of 1,622 Civilian Police, including advisers and formed units and a military component to include up to 6,700 troops of all ranks; and requests further that the military component report directly to the Special Representative through the force commander;
5. Supports the establishment of a Core Group chaired by the Special Representative and comprising also his/her Deputies, the Force Commander, representatives of OAS and CARICOM, other regional and subregional organizations, international financial institutions and other major stakeholders, in order to facilitate the implementation of MINUSTAH’s mandate, promote interaction with the Haitian authorities as partners, and to enhance the effectiveness of the international community’s response in Haiti, as outlined in the Secretary-General’s report (S/2004/300);
6. Requests that in carrying out its mandate, MINUSTAH cooperate and coordinate with the OAS and CARICOM;
7. Acting under Chapter VII of the Charter of the United Nations with regard to Section I below, decides that MINUSTAH shall have the following mandate:
I. Secure and Stable Environment:
(a) in support of the Transitional Government, to ensure a secure and stable environment within which the constitutional and political process in Haiti can take place;
(b) to assist the Transitional Government in monitoring, restructuring and reforming the Haitian National Police, consistent with democratic policing standards, including through the vetting and certification of its personnel, advising on its reorganization and training, including gender training, as well as monitoring/mentoring members of the Haitian National Police;
(c) to assist the Transitional Government, particularly the Haitian National Police, with comprehensive and sustainable Disarmament, Demobilization and Reintegration (DDR) programmes for all armed groups, including women and children associated with such groups, as well as weapons control and public security measures;
(d) to assist with the restoration and maintenance of the rule of law, public safety and public order in Haiti through the provision inter alia of operational support to the Haitian National Police and the Haitian Coast Guard, as well as with their institutional strengthening, including the re-establishment of the corrections system;
(e) to protect United Nations personnel, facilities, installations and equipment and to ensure the security and freedom of movement of its personnel, taking into account the primary responsibility of the Transitional Government in that regard;
(f) to protect civilians under imminent threat of physical violence, within its capabilities and areas of deployment, without prejudice to the responsibilities of the Transitional Government and of police authorities;
II. Political Process:
(a) to support the constitutional and political process under way in Haiti, including through good offices, and foster principles and democratic governance and institutional development;
(b) to assist the Transitional Government in its efforts to bring about a process of national dialogue and reconciliation;
(c) to assist the Transitional Government in its efforts to organize, monitor, and carry out free and fair municipal, parliamentary and presidential elections at the earliest possible date, in particular through the provision of technical, logistical, and administrative assistance and continued security, with appropriate support to an electoral process with voter participation that is representative of the national demographics, including women;
(d) to assist the Transitional Government in extending State authority throughout Haiti and support good governance at local levels;
III. Human Rights:
(a) to support the Transitional Government as well as Haitian human rights institutions and groups in their efforts to promote and protect human rights, particularly of women and children, in order to ensure individual accountability for human rights abuses and redress for victims;
(b) to monitor and report on the human rights situation, in cooperation with the Office of the United Nations High Commissioner for Human Rights, including on the situation of returned refugees and displaced persons;
8. Decides that MINUSTAH in collaboration with other partners shall provide advice and assistance within its capacity to the Transitional Government:
(a) in the investigation of human rights violations and violations of international humanitarian law, in collaboration with the Office of the High Commissioner for Human Rights, to put an end to impunity;
(b) in the development of a strategy for reform and institutional strengthening of the judiciary;
9. Decides further that MINUSTAH shall coordinate and cooperate with the Transitional Government as well as with their international partners, in order to facilitate the provision and coordination of humanitarian assistance, and access of humanitarian workers to Haitian people in need, with a particular focus on the most vulnerable segments of society, particularly women and children;
10. Authorizes the Secretary-General to take all necessary steps to facilitate and support the early deployment of MINUSTAH in advance of the United Nations assumption of responsibilities from the Multinational Interim Force;
11. Requests the Haitian authorities to conclude a status-of-force agreement with the Secretary-General within 30 days of adoption of this resolution, and notes that pending the conclusion of such an agreement the model status-of-force agreement dated 9 October 1990 (A/45/594) shall apply provisionally;
12. Demands strict respect for the persons and premises of the United Nations and associated personnel, the OAS, CARICOM and other international and humanitarian organizations, and diplomatic missions in Haiti, and that no acts of intimidation or violence be directed against personnel engaged in humanitarian, development or peacekeeping work; demands further that all parties in Haiti provide safe and unimpeded access to humanitarian agencies to allow them to carry out their work;
13. Emphasizes the need for Member States, United Nations organs, bodies and agencies and other international organizations, in particular OAS and CARICOM, other regional and subregional organizations, international financial institutions and non-governmental organizations to continue to contribute to the promotion of the social and economic development of Haiti, in particular for the long-term, in order to achieve and sustain stability and combat poverty;
14. Urges all the above-mentioned stakeholders, in particular the United Nations organs, bodies, and agencies to assist the Transitional Government of Haiti in the design of a long-term development strategy to this effect;
15. Calls on the Member States to provide substantial international aid to meet the humanitarian needs in Haiti and to permit the reconstruction of the country, utilizing relevant coordination mechanisms, and further calls upon States, in particular those in the region, to provide appropriate support for the actions undertaken by the United Nations organs, bodies and agencies;
16. Requests the Secretary-General to provide an interim report to the Council on the implementation of this mandate, and to provide an additional report prior to the expiration of the mandate, containing recommendations to the Council on whether to extend, restructure or reshape the mission to ensure the mission and its mandate remain relevant to changes in Haiti’s political, security and economic development situation;
17. Decides to remain seized of the matter.
S/RES/1543 Extension of UN Mission in East Timor
Date: 14 May 2004 Meeting: 4968
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on the situation in Timor-Leste, in particular resolutions 1410 (2002) of 17 May 2002, 1473 (2003) of 4 April 2003 and 1480 (2003) of 19 May 2003,
Commending the progress achieved by the people and Government of Timor-Leste, with the assistance of the international community, towards developing, in so short a time, the nation’s infrastructure, public administration, law enforcement and defence capacities,
Commending also the work of the United Nations Mission of Support in Timor-Leste (UNMISET), under the leadership of the Secretary-General’s Special Representative, and welcoming the progress made towards the accomplishment of key tasks inscribed in its mandate, in accordance with Security Council resolutions 1410 (2002), 1473 (2003) and 1480 (2003),
Expressing its appreciation to those Member States providing troops, civilian police personnel and support elements to UNMISET,
Having considered the statement of 20 February 2004 by the Foreign Minister of Timor-Leste to the Security Council, requesting a one-year extension of UNMISET,
Taking note of the special report of the Secretary-General on UNMISET of 13 February 2004 (S/2004/117) as well as his report of 29 April 2004 (S/2004/333),
Welcoming the Secretary-General’s recommendation to extend UNMISET for a further, one-year consolidation phase, to allow key tasks to be performed and to sustain, strengthen and build upon the gains made to date, thereby permitting Timor-Leste to attain self-sufficiency,
Noting also that the emerging institutions in Timor-Leste are still in the process of consolidation and that further assistance is required to ensure sustained development and strengthening of key sectors, mainly justice, the public administration, including the National Police, and the maintenance of security and stability in Timor-Leste,
Encouraging the Government of Timor-Leste to adopt, as soon as possible, legislation and other appropriate measures referred to in paragraph 69 of the Secretary-General’s report of 29 April 2004, and further outlined as Timor-Leste action required in annexes 1, 2 and 3 of the same report,
Welcoming the excellent communication and goodwill that have characterized relations between Timor-Leste and Indonesia and encouraging continued cooperation between both Governments and cooperation with UNMISET towards further progress in resolving pending bilateral issues, including those relating to the demarcation and management of the border and to the provision of justice for those responsible for serious crimes committed in 1999,
Remaining fully committed to the promotion of security and long-lasting stability in Timor-Leste,
1. Decides to extend the mandate of UNMISET for a period of 6 months, with a view to subsequently extending the mandate for a further and final period of 6 months, until 20 May 2005;
2. Decides also to reduce the size of UNMISET and revise its tasks, in accordance with the recommendations of the Secretary-General in Section III of his report of 29 April 2004;
3. Decides accordingly that the mandate of UNMISET shall consist of the following elements, as outlined in the report of the Secretary-General of 29 April 2004:
(i) support for the public administration and justice system of Timor-Leste and for justice in the area of serious crimes;
(ii) support to the development of law enforcement in Timor-Leste;
(iii) support for the security and stability of Timor-Leste;
4. Decides that UNMISET will include up to 58 civilian advisers, 157 civilian police advisers,
42 military liaison officers, 310 formed troops and a 125-person International Response Unit;
5. Decides that internationally accepted human rights principles shall continue to form an integral part of training and capacity-building carried out by UNMISET under paragraph 3 above;
6. Requests the Secretary-General to keep the Security Council closely and regularly informed of developments on the ground and of the implementation of the present resolution, in particular with regard to progress towards achievement of key tasks of UNMISET’s mandate, and in that regard, requests the Secretary-General to submit a report within three months of the date of adoption of the present resolution and every three months thereafter, with recommendations for any modifications such progress might allow to size, composition and tasks of UNMISET, with a view to completing its mandate by 20 May 2005;
7. Requests the Secretary-General to include in his reporting requested under OP6 above, recommendations on tasks and configuration of police and military components for Security Council review in November 2004;
8. Reaffirms the need to fight against impunity and the importance for the international community to lend its support in this regard and emphasizes that the Serious Crime Unit should complete all investigations by November 2004, and should conclude trials and other activities as soon as possible and no later than 20 May 2005;
9. Underlines that further United Nations assistance to Timor-Leste should be coordinated with the efforts of bilateral and multilateral donors, regional mechanisms, non-governmental organizations, private sector entities and other actors from within the international community;
10. Urges the donor community as well as the United Nations agencies, funds and programmes and multilateral financial institutions to continue providing essential resources and assistance for the implementation of projects towards sustainable and long-term development in Timor-Leste;
11. Decides to remain actively seized of the matter.
S/RES/1544 Call for Israel to stop demolition of Palestinian homes
Date: 19 May 2004 Meeting: 4972
Vote: 14-0-1 In favour: Algeria, Angola, Benin, Brazil,
Chile, China, France, Germany,
Pakistan, Philippines, Romania,
Russian Federation, Spain,
United Kingdom
Against: None
Abstaining: United States
The Security Council,
Reaffirming its previous resolutions 242 (1967), 338 (1973), 446 (1979), 1322 (2000), 1397 (2002), 1402 (2002), 1403 (2002), 1405 (2002), 1435 (2002), and 1515 (2003),
Reiterating the obligation of Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949,
Calling on Israel to address its security needs within the boundaries of international law,
Expressing its grave concern at the continued deterioration of the situation on the ground in the territory occupied by Israel since 1967,
Condemning the killing of Palestinian civilians that took place in the Rafah area,
Gravely concerned by the recent demolition of homes committed by Israel, the occupying Power, in the Rafah refugee camp,
Recalling the obligations of the Palestinian Authority and the Government of Israel under the Road Map,
Condemning all acts of violence, terror and destruction,
Reaffirming its support for the Road Map, endorsed in its resolution 1515 (2003),
1. Calls on Israel to respect its obligations under international humanitarian law, and insists, in particular, on its obligation not to undertake demolition of homes contrary to that law;
2. Expresses grave concern regarding the humanitarian situation of Palestinians made homeless in the Rafah area and calls for the provision of emergency assistance to them;
3. Calls for the cessation of violence and for respect of and adherence to legal obligations, including those under international humanitarian law;
4. Calls on both parties to immediately implement their obligations under the Road Map;
5. Decides to remain seized of the matter.
S/RES/1545 Deployment of UN Operation in Burundi
Date: 21 May 2004 Meeting: 4975
Vote: Unanimous
The Security Council,
Recalling its previous resolutions as well as the statements of its President on Burundi, in particular its resolution 1375 (2001) of 29 October 2001 and the statements of its President on 18 December 2002 (S/PRST/2002/40) and 23 December 2003 (S/PRST/2003/30),
Reaffirming its strong commitment to the respect of the sovereignty, independence, territorial integrity and unity of Burundi, and recalling the importance of the principles of good-neighbourliness and non-interference, and of regional cooperation,
Reaffirming also its full support for the process of the Arusha Peace and Reconciliation Agreement for Burundi, signed at Arusha on 28 August 2000 (hereafter “the Arusha Agreement”), calling on all the Burundian parties to fully honour their commitments, and assuring them of its determination to support their efforts to that end,
Encouraging in particular the transitional institutions of Burundi to enact without delay the laws and regulations required for the organization of the electoral process under the Arusha Agreement, so that this process can take place before the expiration of the transitional period on 31 October 2004,
Taking note with satisfaction of the ceasefire agreements signed on 7 October 2002 by the transitional Government with Mr. Jean-Bosco Ndayikengurukiye’s Forces pour la défense de la démocratie (CNDD-FDD) and Mr. Alain Mugabarabona’s Forces nationales de libération (Palipehutu-FNL) as well as the comprehensive ceasefire agreement signed on 16 November 2003 in Dar-es-Salaam between the transitional Government and Mr. Pierre Nkurunziza’s CNDD-FDD,
Reiterating its concern at the continuing hostilities in certain parts of the country, underlining that there cannot be a military solution to Burundi’s problems, urging all the parties to observe an immediate ceasefire, and stressing the importance attached to Mr. Agathon Rwasa’s Palipehutu-FNL, the last armed movement that has still not done so, in participating in the peace process of the Arusha Agreement,
Taking note in this regard of the talks which were started between the President of the Republic of Burundi, Mr. Domitien Ndayizeyé, and this armed movement at the meeting of 18 to 21 January 2004, at Oisterwijk in the Netherlands, as well as the congress held in Kigoma, Tanzania, from 18 to 21 April 2004, by Mr. Rwasa’s Palipehutu-FNL, and urging the latter to conclude an agreement with the transitional Government without delay with a view to a complete cessation of hostilities and its participation in the transitional institutions,
Condemning all acts of violence, as well as human rights and international humanitarian law violations, and particularly concerned by the increasing incidents of rapes, including mass rapes,
Reaffirming its determination to support the efforts of Burundians to bring the perpetrators of such acts and violations to justice on the basis of the rule of law, in order to put an end to situations of impunity, and calling upon the parties and transitional authorities to take without delay all necessary measures to that end,
Expressing its concern at the tragic humanitarian situation of a large majority of the Burundian population, recalling that all the parties are responsible for the security of the civilian populations, and recalling in particular in this regard its resolutions 1325 (2000) on women, peace and security, 1379 (2001), 1460 (2003) and 1539 (2004) on children in armed conflict, and 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflict,
Taking note of the progress achieved in preparing the disarmament, demobilization and reintegration programme for the combatants, calling on the parties to firmly commit themselves to that programme without delay, and encouraging the international financial institutions and donors to support the programme,
Expressing its concern at the deteriorating economic situation in Burundi in the context of the conflict, and recognizing that any improvement in security should be matched by tangible economic and social benefits for the population,
Considering that the voluntary and sustainable return of refugees and internally displaced persons will be a critical factor for the consolidation of the peace process, and will require a just solution of the issue of land ownership,
Welcoming the conclusions of the Forum of Development Partners for Burundi, which was held in Brussels on 13 and 14 January 2004, and calling on donors to honour their pledges,
Paying tribute to the efforts made by the African Union as well as by the States who are members of the Regional Initiative, especially Uganda and the United Republic of Tanzania, and the Facilitation, in particular South Africa, to bring peace to Burundi, and encouraging the African Union to maintain a strong presence in Burundi to accompany the efforts of the Burundian parties, as specified in the Arusha Agreement and subsequent agreements,
Welcoming the efforts of the African Mission in Burundi (AMIB) and the contingents from South Africa, Ethiopia and Mozambique which make it up, as well as the Member States which have assisted AMIB in its deployment,
Encouraging the efforts being undertaken to train a joint Burundian protection unit to ensure continuing security of the leaders of the transitional institutions, and underlining the need for this unit to be operational as soon as possible,
Taking note of the statements made before the Council by the President of the Republic of Burundi on
22 September 2003, and by the Deputy President of the Republic of South Africa, Mr. Jacob Zuma, on 4 December 2003, in favour of transforming AMIB into a United Nations peacekeeping operation, and taking note also in that regard of the letter dated 15 March 2004 addressed by Mr. Thérence Sinunguruza, Minister of External Relations and Cooperation of Burundi, to the President of the Security Council (S/2004/208), as well as the letter dated 17 March 2004 addressed by the Chairperson of the Commission of the African Union, Mr. Alpha Omar Konaré, to the Secretary-General,
Aware of the difficulty of sustaining stability in Burundi unless peace is restored beyond its borders, in particular in the Democratic Republic of the Congo, and underlining how important it is for all the States concerned, especially those of the region, to cooperate towards that end, and for the United Nations to coordinate its efforts in the two countries,
Having considered the report of the Secretary-General on Burundi dated 16 March 2004 (S/2004/210),
Welcoming with satisfaction and encouraging the efforts of the United Nations Organization to enhance the awareness of peacekeeping personnel on the need to prevent and combat HIV/AIDS and other communicable diseases,
Noting that obstacles remain to Burundi’s stability, and determining that the situation in this country 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. Welcomes the recommendations contained in the report of the Secretary-General on Burundi dated 16 March 2004;
2. Decides to authorize, for an initial period of six months as from 1 June 2004, with the intention to renew it for further periods, the deployment of a peacekeeping operation in Burundi entitled United Nations Operation in Burundi (the acronym ONUB being used in all languages), pursuant to the mandate specified in paragraphs 5 to 7 hereafter, in order to support and help to implement the efforts undertaken by Burundians to restore lasting peace and bring about national reconciliation, as provided under the Arusha Agreement;
3. Decides that ONUB will be headed by the Special Representative of the Secretary-General, who chairs the Implementation Monitoring Committee for the Arusha Agreement, and will initially be composed of existing AMIB forces, and requests therefore the Secretary-General, acting in liaison with the African Union, to ensure the transfer of authority over AMIB, within ONUB’s framework, to his Special Representative for Burundi;
4. Decides further that ONUB shall consist of a maximum of 5,650 military personnel, including
200 observers and 125 staff officers, up to 120 civilian police personnel, as well as the appropriate civilian personnel;
5. Authorizes ONUB to use all necessary means to carry out the following mandate, within its capacity and in the areas where its armed units are deployed, and in coordination with humanitarian and development communities:
– to ensure the respect of ceasefire agreements, through monitoring their implementation and investigating their violations,
– to promote the re-establishment of confidence between the Burundian forces present, monitor and provide security at their pre-disarmament assembly sites, collect and secure weapons and military materiel to dispose of it as appropriate, and contribute to the dismantling of militias as called for in the ceasefire agreements,
– to carry out the disarmament and demobilization portions of the national programme of disarmament, demobilization and reintegration of combatants,
– to monitor the quartering of the Armed Forces of Burundi and their heavy weapons, as well as the disarmament and demobilization of the elements that need to be disarmed and demobilized,
– to monitor, to the extent possible, the illegal flow of arms across the national borders, including Lake Tanganyika, in cooperation with the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) and, as appropriate, with the group of experts referred to in paragraph 10 of resolution 1533,
– to contribute to the creation of the necessary security conditions for the provision of humanitarian assistance, and facilitate the voluntary return of refugees and internally displaced persons,
– to contribute to the successful completion of the electoral process stipulated in the Arusha Agreement, by ensuring a secure environment for free, transparent and peaceful elections to take place,
– without prejudice to the responsibility of the transitional Government of Burundi, to protect civilians under imminent threat of physical violence,
– to ensure the protection of United Nations personnel, facilities, installations and equipment, as well as the security and freedom of movement of ONUB’s personnel, and to coordinate and conduct, as appropriate, mine action activities in support of its mandate;
6. Decides that ONUB shall provide advice and assistance, within its capacity and subject to carrying out tasks stipulated in paragraph 5 above, to the transitional Government and authorities to contribute to their efforts:
– to monitor Burundi’s borders, with special attention to refugees, as well as to movements of combatants, especially in the Cibitoké province,
– to carry out institutional reforms as well as the constitution of the integrated national defence and internal security forces and, in particular, the training and monitoring of the police, while ensuring that they are democratic and fully respect human rights and fundamental freedoms,
– to proceed with electoral activities,
– to complete implementation of the reform of the judiciary and correction system, in accordance with the Arusha Agreement,
– to ensure, in close liaison with the Office of the High Commissioner for Human Rights, the promotion and protection of human rights, with particular attention to women, children and vulnerable persons, and investigate human rights violations to put an end to impunity;
7. Decides further that ONUB shall cooperate with the Government and authorities of Burundi, as well as their international partners, to ensure the coherence of their work, in assistance to the Government and authorities of Burundi in:
– extending State authority and utilities throughout the territory, including civilian police and judicial institutions,
– carrying out the national programme of disarmament, demobilization and reintegration of combatants and members of their families, including those coming from the territory of the Democratic Republic of the Congo, in liaison with the Government of this country and MONUC, and with particular attention to the specific needs of women and children;
8. Requests the Secretary-General, through his Special Representative for Burundi, to conduct all the activities of the United Nations system in Burundi and to facilitate the coordination with other national, regional and international actors, in particular the African Union, of activities in support of the transition process, while ensuring that ONUB’s personnel give special attention to issues related to gender equality, as well as to the specific needs of children;
9. Requests further the Secretary-General to conclude agreements with States neighbouring Burundi to enable ONUB forces to cross their respective borders in pursuit of armed combatants, as may be necessary while carrying out their mandate;
10. Requests the transitional Government of Burundi to conclude a status-of-forces agreement for ONUB with the Secretary-General within thirty days of the adoption of this resolution, taking into consideration General Assembly resolution 58/82 on the scope of legal protections under the Convention on the Safety of United Nations and Associated Personnel, and notes that, pending the conclusion of such an agreement, the model status-of-forces agreement for peacekeeping operations of 9 October 1990 (A/45/594) shall apply provisionally;
11. Requests all parties to cooperate fully with the deployment and operations of ONUB, in particular by ensuring the safety and freedom of movement of United Nations and associated personnel, as well as the personnel of humanitarian, development and aid organizations, throughout the territory of Burundi;
12. Recalling its resolution 1502 of 26 August 2003, reaffirms the obligation of all parties to comply fully with the rules and principles of international humanitarian law applicable to them related to the protection of humanitarian and United Nations personnel, and also urges all those concerned to allow full unimpeded access by humanitarian personnel to all people in need of assistance as set forth in applicable international humanitarian law;
13. Requests all parties and concerned States to facilitate the voluntary, safe and sustainable return of refugees and internally displaced persons, and to cooperate fully to this end with ONUB and the relevant international organizations;
14. Underlines the need for ONUB to have at its disposal an effective public information capacity, including through local and national radio, television and newspaper channels, to promote understanding of the peace process and the role of ONUB among local communities and the parties;
15. Stresses the importance of the full and unconditional implementation of the Arusha Agreement, and demands that all parties fulfil their obligations under this agreement, in order to allow the electoral process, in particular the legislative elections, to take place before 31 October 2004;
16. Reaffirms the need for all parties to complete in a timely manner the execution of the programme for regrouping and cantonment of combatants, and to begin implementing as soon as possible the programme to dismantle all armed groups, including the militias, and the disarmament, demobilization and reintegration programme, giving particular attention to the specific need of women and children, and to proceed as well in parallel with the restructuring of the armed forces and the internal security forces;
17. Reaffirms also the continued need to promote peace and national reconciliation and to foster accountability and respect for human rights in Burundi, and urges the Government of Burundi, specialized agencies, other multilateral organizations, civil society and Member States to accelerate their efforts to establish the Truth and Reconciliation Commission, as provided for in the Arusha Agreement;
18. Expresses its deep concern over the illicit flow of arms provided to armed groups and movements, in particular those which are not parties to the peace process under the Arusha Agreement, calls upon all States to halt such flow without prejudice to the Burundian national army and police forces whose integration is in progress, and expresses its intention to consider this issue further as soon as possible after the deployment of ONUB;
19. Urges the international financial institutions and the donor community to continue to contribute to the economic development of Burundi, in particular for the long term, including through the realization of pledges already made, to enable that country to achieve sustainable stability, and in order also to contribute to the wider stability of the region;
20. Requests the Secretary-General to ensure that his Special Representatives for Burundi and for the Democratic Republic of the Congo coordinate the activities of ONUB and MONUC, share military information at their disposal, in particular concerning cross-border movements of armed elements and arms trafficking, and pool their logistic and administrative resources, to an extent that does not affect the ability to carry out their respective mandates, in order to maximize efficiency and cost-effectiveness;
21. Decides that ONUB shall carry out its mandate in close cooperation with MONUC, in particular concerning monitoring and prevention of movements of combatants across the border between Burundi and the Democratic Republic of the Congo, as well as the implementation of the disarmament and demobilization programmes;
22. Requests the Secretary-General to keep it informed on a regular basis of developments in the situation in Burundi, the implementation of the Arusha Agreement and the execution of ONUB’s mandate and to submit a report on these developments every three months, including an evaluation of the strength of the military component, with a view to its adjusted reduction, taking account of the progress made on the ground and the tasks remaining to be accomplished;
23. Decides to remain actively seized of the matter.
S/RES/1546 Endorses formation of Iraq interim government
Date: 8 June 2004 Meeting: 4987
Vote: Unanimous
The Security Council,
Welcoming the beginning of a new phase in Iraq’s transition to a democratically elected government, and looking forward to the end of the occupation and the assumption of full responsibility and authority by a fully sovereign and independent Interim Government of Iraq by 30 June 2004,
Recalling all of its previous relevant resolutions on Iraq,
Reaffirming the independence, sovereignty, unity, and territorial integrity of Iraq,
Reaffirming also the right of the Iraqi people freely to determine their own political future and control their own natural resources,
Recognizing the importance of international support, particularly that of countries in the region, Iraq’s neighbours, and regional organizations, for the people of Iraq in their efforts to achieve security and prosperity, and noting that the successful implementation of this resolution will contribute to regional stability,
Welcoming the efforts of the Special Adviser to the Secretary-General to assist the people of Iraq in achieving the formation of the Interim Government of Iraq, as set out in the letter of the Secretary-General of 7 June 2004 (S/2004/461),
Taking note of the dissolution of the Governing Council of Iraq, and welcoming the progress made in implementing the arrangements for Iraq’s political transition referred to in resolution 1511 (2003) of 16 October 2003,
Welcoming the commitment of the Interim Government of Iraq to work towards a federal, democratic, pluralist, and unified Iraq, in which there is full respect for political and human rights,
Stressing the need for all parties to respect and protect Iraq’s archaeological, historical, cultural, and religious heritage,
Affirming the importance of the rule of law, national reconciliation, respect for human rights including the rights of women, fundamental freedoms, and democracy including free and fair elections,
Recalling the establishment of the United Nations Assistance Mission for Iraq (UNAMI) on 14 August 2003, and affirming that the United Nations should play a leading role in assisting the Iraqi people and government in the formation of institutions for representative government,
Recognizing that international support for restoration of stability and security is essential to the well-being of the people of Iraq as well as to the ability of all concerned to carry out their work on behalf of the people of Iraq, and welcoming Member State contributions in this regard under resolution 1483 (2003) of 22 May 2003 and resolution 1511 (2003),
Recalling the report provided by the United States to the Security Council on 16 April 2004 on the efforts and progress made by the multinational force,
Recognizing the request conveyed in the letter of 5 June 2004 from the Prime Minister of the Interim Government of Iraq to the President of the Council, which is annexed to this resolution, to retain the presence of the multinational force,
Recognizing also the importance of the consent of the sovereign Government of Iraq for the presence of the multinational force and of close coordination between the multinational force and that government,
Welcoming the willingness of the multinational force to continue efforts to contribute to the maintenance of security and stability in Iraq in support of the political transition, especially for upcoming elections, and to provide security for the United Nations presence in Iraq, as described in the letter of 5 June 2004 from the United States Secretary of State to the President of the Council, which is annexed to this resolution,
Noting the commitment of all forces promoting the maintenance of security and stability in Iraq to act in accordance with international law, including obligations under international humanitarian law, and to cooperate with relevant international organizations,
Affirming the importance of international assistance in reconstruction and development of the Iraqi economy,
Recognizing the benefits to Iraq of the immunities and privileges enjoyed by Iraqi oil revenues and by the Development Fund for Iraq, and noting the importance of providing for continued disbursements of this fund by the Interim Government of Iraq and its successors upon dissolution of the Coalition Provisional Authority,
Determining that the situation in Iraq continues to constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Endorses the formation of a sovereign Interim Government of Iraq, as presented on 1 June 2004, which will assume full responsibility and authority by 30 June 2004 for governing Iraq while refraining from taking any actions affecting Iraq’s destiny beyond the limited interim period until an elected Transitional Government of Iraq assumes office as envisaged in paragraph four below;
2. Welcomes that, also by 30 June 2004, the occupation will end and the Coalition Provisional Authority will cease to exist, and that Iraq will reassert its full sovereignty;
3. Reaffirms the right of the Iraqi people freely to determine their own political future and to exercise full authority and control over their financial and natural resources;
4. Endorses the proposed timetable for Iraq’s political transition to democratic government including:
(a) formation of the sovereign Interim Government of Iraq that will assume governing responsibility and authority by 30 June 2004;
(b) convening of a national conference reflecting the diversity of Iraqi society; and
(c) holding of direct democratic elections by 31 December 2004 if possible, and in no case later than
31 January 2005, to a Transitional National Assembly, which will, inter alia, have responsibility for forming a Transitional Government of Iraq and drafting a permanent constitution for Iraq leading to a constitutionally elected government by 31 December 2005;
5. Invites the Government of Iraq to consider how the convening of an international meeting could support the above process, and notes that it would welcome such a meeting to support the Iraqi political transition and Iraqi recovery, to the benefit of the Iraqi people and in the interest of stability in the region;
6. Calls on all Iraqis to implement these arrangements peaceably and in full, and on all States and relevant organizations to support such implementation;
7. Decides that in implementing, as circumstances permit, their mandate to assist the Iraqi people and government, the Special Representative of the Secretary-General and the United Nations Assistance Mission for Iraq (UNAMI), as requested by the Government of Iraq, shall:
(a) play a leading role to:
(i) assist in the convening, during the month of July 2004, of a national conference to select a Consultative Council;
(ii) advise and support the Independent Electoral Commission of Iraq, as well as the Interim Government of Iraq and the Transitional National Assembly, on the process for holding elections;
(iii) promote national dialogue and consensus-building on the drafting of a national constitution by the people of Iraq;
(b) and also:
(i) advise the Government of Iraq in the development of effective civil and social services;
(ii) contribute to the coordination and delivery of reconstruction, development, and humanitarian assistance;
(iii) promote the protection of human rights, national reconciliation, and judicial and legal reform in order to strengthen the rule of law in Iraq; and
(iv) advise and assist the Government of Iraq on initial planning for the eventual conduct of a comprehensive census;
8. Welcomes ongoing efforts by the incoming Interim Government of Iraq to develop Iraqi security forces including the Iraqi armed forces (hereinafter referred to as “Iraqi security forces”), operating under the authority of the Interim Government of Iraq and its successors, which will progressively play a greater role and ultimately assume full responsibility for the maintenance of security and stability in Iraq;
9. Notes that the presence of the multinational force in Iraq is at the request of the incoming Interim Government of Iraq and therefore reaffirms the authorization for the multinational force under unified command established under resolution 1511 (2003), having regard to the letters annexed to this resolution;
10. Decides that the multinational force shall have the authority to take all necessary measures to contribute to the maintenance of security and stability in Iraq in accordance with the letters annexed to this resolution expressing, inter alia, the Iraqi request for the continued presence of the multinational force and setting out its tasks, including by preventing and deterring terrorism, so that, inter alia, the United Nations can fulfil its role in assisting the Iraqi people as outlined in paragraph seven above and the Iraqi people can implement freely and without intimidation the timetable and programme for the political process and benefit from reconstruction and rehabilitation activities;
11. Welcomes, in this regard, the letters annexed to this resolution stating, inter alia, that arrangements are being put in place to establish a security partnership between the sovereign Government of Iraq and the multinational force and to ensure coordination between the two, and notes also in this regard that Iraqi security forces are responsible to appropriate Iraqi ministers, that the Government of Iraq has authority to commit Iraqi security forces to the multinational force to engage in operations with it, and that the security structures described in the letters will serve as the fora for the Government of Iraq and the multinational force to reach agreement on the full range of fundamental security and policy issues, including policy on sensitive offensive operations, and will ensure full partnership between Iraqi security forces and the multinational force, through close coordination and consultation;
12. Decides further that the mandate for the multinational force shall be reviewed at the request of the Government of Iraq or twelve months from the date of this resolution, and that this mandate shall expire upon the completion of the political process set out in paragraph four above, and declares that it will terminate this mandate earlier if requested by the Government of Iraq;
13. Notes the intention, set out in the annexed letter from the United States Secretary of State, to create a distinct entity under unified command of the multinational force with a dedicated mission to provide security for the United Nations presence in Iraq, recognizes that the implementation of measures to provide security for staff members of the United Nations system working in Iraq would require significant resources, and calls upon Member States and relevant organizations to provide such resources, including contributions to that entity;
14. Recognizes that the multinational force will also assist in building the capability of the Iraqi security forces and institutions, through a programme of recruitment, training, equipping, mentoring, and monitoring;
15. Requests Member States and international and regional organizations to contribute assistance to the multinational force, including military forces, as agreed with the Government of Iraq, to help meet the needs of the Iraqi people for security and stability, humanitarian and reconstruction assistance, and to support the efforts of UNAMI;
16. Emphasizes the importance of developing effective Iraqi police, border enforcement, and the Facilities Protection Service, under the control of the Interior Ministry of Iraq, and, in the case of the Facilities Protection Service, other Iraqi ministries, for the maintenance of law, order, and security, including combating terrorism, and requests Member States and international organizations to assist the Government of Iraq in building the capability of these Iraqi institutions;
17. Condemns all acts of terrorism in Iraq, reaffirms the obligations of Member States under resolutions 1373 (2001) of 28 September 2001, 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1390 (2002) of 16 January 2002, 1455 (2003) of 17 January 2003, and 1526 (2004) of 30 January 2004, and other relevant international obligations with respect, inter alia, to terrorist activities in and from Iraq or against its citizens, and specifically reiterates its call upon Member States to prevent the transit of terrorists to and from Iraq, arms for terrorists, and financing that would support terrorists, and re-emphasizes the importance of strengthening the cooperation of the countries of the region, particularly neighbours of Iraq, in this regard;
18. Recognizes that the Interim Government of Iraq will assume the primary role in coordinating international assistance to Iraq;
19. Welcomes efforts by MemberStates and international organizations to respond in support of requests by the Interim Government of Iraq to provide technical and expert assistance while Iraq is rebuilding administrative capacity;
20. Reiterates its request that Member States, international financial institutions and other organizations strengthen their efforts to assist the people of Iraq in the reconstruction and development of the Iraqi economy, including by providing international experts and necessary resources through a coordinated programme of donor assistance;
21. Decides that the prohibitions related to the sale or supply to Iraq of arms and related materiel under previous resolutions shall not apply to arms or related materiel required by the Government of Iraq or the multinational force to serve the purposes of this resolution, stresses the importance for all States to abide strictly by them, and notes the significance of Iraq’s neighbours in this regard, and calls upon the Government of Iraq and the multinational force each to ensure that appropriate implementation procedures are in place;
22. Notes that nothing in the preceding paragraph affects the prohibitions on or obligations of States related to items specified in paragraphs 8 and 12 of resolution 687 (1991) of 3 April 1991 or activities described in paragraph 3 (f) of resolution 707 (1991) of 15 August 1991, and reaffirms its intention to revisit the mandates of the United Nations Monitoring, Verification, and Inspection Commission and the International Atomic Energy Agency;
23. Calls on MemberStates and international organizations to respond to Iraqi requests to assist Iraqi efforts to integrate Iraqi veterans and former militia members into Iraqi society;
24. Notes that, upon dissolution of the Coalition Provisional Authority, the funds in the Development Fund for Iraq shall be disbursed solely at the direction of the Government of Iraq, and decides that the Development Fund for Iraq shall be utilized in a transparent and equitable manner and through the Iraqi budget including to satisfy outstanding obligations against the Development Fund for Iraq, that the arrangements for the depositing of proceeds from export sales of petroleum, petroleum products, and natural gas established in paragraph 20 of resolution 1483 (2003) shall continue to apply, that the International Advisory and Monitoring Board shall continue its activities in monitoring the Development Fund for Iraq and shall include as an additional full voting member a duly qualified individual designated by the Government of Iraq and that appropriate arrangements shall be made for the continuation of deposits of the proceeds referred to in paragraph 21 of resolution 1483 (2003);
25. Decides further that the provisions in the above paragraph for the deposit of proceeds into the Development Fund for Iraq and for the role of the IAMB shall be reviewed at the request of the Transitional Government of Iraq or twelve months from the date of this resolution, and shall expire upon the completion of the political process set out in paragraph four above;
26. Decides that, in connection with the dissolution of the Coalition Provisional Authority, the Interim Government of Iraq and its successors shall assume the rights, responsibilities and obligations relating to the Oil-for-Food Programme that were transferred to the Authority, including all operational responsibility for the Programme and any obligations undertaken by the Authority in connection with such responsibility, and responsibility for ensuring independently authenticated confirmation that goods have been delivered, and further decides that, following a 120-day transition period from the date of adoption of this resolution, the Interim Government of Iraq and its successors shall assume responsibility for certifying delivery of goods under previously prioritized contracts, and that such certification shall be deemed to constitute the independent authentication required for the release of funds associated with such contracts, consulting as appropriate to ensure the smooth implementation of these arrangements;
27. Further decides that the provisions of paragraph 22 of resolution 1483 (2003) shall continue to apply, except that the privileges and immunities provided in that paragraph shall not apply with respect to any final judgement arising out of a contractual obligation entered into by Iraq after 30 June 2004;
28. Welcomes the commitments of many creditors, including those of the Paris Club, to identify ways to reduce substantially Iraq’s sovereign debt, calls on Member States, as well as internationa1 and regional organizations, to support the Iraq reconstruction effort, urges the international financial institutions and bilateral donors to take the immediate steps necessary to provide their full range of loans and other financial assistance and arrangements to Iraq, recognizes that the Interim Government of Iraq will have the authority to conclude and implement such agreements and other arrangements as may be necessary in this regard, and requests creditors, institutions and donors to work as a priority on these matters with the Interim Government of Iraq and its successors;
29. Recalls the continuing obligations of Member States to freeze and transfer certain funds, assets, and economic resources to the Development Fund for Iraq in accordance with paragraphs 19 and 23 of resolution 1483 (2003) and with resolution 1518 (2003) of 24 November 2003;
30. Requests the Secretary-General to report to the Council within three months from the date of this resolution on UNAMI operations in Iraq, and on a quarterly basis thereafter on the progress made towards national elections and fulfilment of all UNAMI’s responsibilities;
31. Requests that the United States, on behalf of the multinational force, report to the Council within three months from the date of this resolution on the efforts and progress of this force, and on a quarterly basis thereafter;
32. Decides to remain actively seized of the matter.
Annex
Text of letters from the Prime Minister of the Interim Government of Iraq Dr. Ayad Allawi and United States Secretary of State Colin L. Powell to the President of the Council
5 June 2004
Republic of Iraq
Prime Minister Office
Excellency:
On my appointment as Prime Minister of the Interim Government of Iraq, I am writing to express the commitment of the people of Iraq to complete the political transition process to establish a free, and democratic Iraq and to be a partner in preventing and combating terrorism. As we enter a critical new stage, regain full sovereignty and move towards elections, we will need the assistance of the international community.
The Interim Government of Iraq will make every effort to ensure that these elections are fully democratic, free and fair. Security and stability continue to be essential to our political transition. There continue, however, to be forces in Iraq, including foreign elements, that are opposed to our transition to peace, democracy, and security. The Government is determined to overcome these forces, and to develop security forces capable of providing adequate security for the Iraqi people. Until we are able to provide security for ourselves, including the defence of Iraq’s land, sea and air space, we ask for the support of the Security Council and the international community in this endeavour. We seek a new resolution on the Multinational Force (MNF) mandate to contribute to maintaining security in Iraq, including through the tasks and arrangements set out in the letter from Secretary of State Colin Powell to the President of the United Nations Security Council. The Government requests that the Security Council review the mandate of the MNF at the request of the Transitional Government of Iraq, or twelve months from the date on which such a resolution is adopted.
In order to discharge the Iraqi Government’s responsibility for security, I intend to establish appropriate security structures that will allow my Government and Iraqi security forces to progressively take on that responsibility. One such structure is the Ministerial Committee for National Security, consisting of myself as the Chair, the Deputy Prime Minister, and the Minister of Defense, Interior, Foreign Affairs, Justice, and Finance. The National Security Advisor, and Director of the Iraqi National Intelligence Service will serve as permanent advisory members of the committee. This forum will set the broad framework for Iraqi security policy. I intend to invite, as appropriate, the MNF commander, his Deputy, or the MNF Commander’s designative representative, and other appropriate individuals, to attend and participate as well, and will stand ready to discuss mechanisms of coordination and cooperation with the MNF. Iraqi armed forces will be responsible to the Chief of Staff and Minister of Defense. Other security forces (the Iraqi police, border guards and Facilities Protection Service) will be responsible to the Minister of the Interior or other government ministers.
His Excellency
Mr. Lauro L. Baja, Jr.
President of the Security Council
United Nations
New York, New York
The structures I have described in this letter will serve as the fora for the MNF and the Iraqi government to reach agreement on the full range of fundamental security and policy issues, including policy on sensitive offensive operations, and will ensure full partnership between Iraqi forces and the MNF, through close coordination and consultation. Since these are sensitive issues for a number of sovereign governments, including Iraq and the United States, they need to be resolved in the framework of a mutual understanding on our strategic partnership. We will be working closely with the MNF leadership in the coming weeks to ensure that we have such an agreed strategic framework.
In addition, the relevant ministers and I will develop further mechanisms for coordination with the MNF. Intend to create with the MNF coordination bodies at national, regional, and local levels, that will include Iraqi security forces commanders and civilian leadership, to ensure that Iraqi security forces will coordinate with the MNF on all security policy and operations issues in order to achieve unity of command of military operations in which Iraqi forces are engaged with MNF. In addition, the MNF and Iraqi government leaders will keep each other informed of their activities, consult regularly to ensure effective allocation and use of personnel, resources and facilities, will share intelligence, and will refer issues up the respective chains of command where necessary, Iraqi security forces will take on progressively greater responsibility as Iraqi capabilities improve.
We are ready to take sovereign responsibility for governing Iraq by June 30. We are well aware of the difficulties facing us, and of our responsibilities to the Iraqi people. The stakes are great, and we need the support of the international community to succeed. We ask the Security Council to help us by acting now to adopt a Security Council resolution giving us necessary support.
I understand that the Co-sponsors intend to annex this letter to the resolution on Iraq under consideration. In the meantime, I request that you provide copies of this letter to members of the Council as quickly as possible.
(Signed) Dr. Ayad Allawi
The Secretary of State
Washington
5 June 2004
Excellency:
Recognizing the request of the government of Iraq for the continued presence of the Multi-National Force (MNF) in Iraq, and following consultations with Prime Minister Ayad Allawi of the Iraqi Interim Government, I am writing to confirm that the MNF under unified command is prepared to continue to contribute to the maintenance of security in Iraq, including by preventing and deterring terrorism and protecting the territory of Iraq. The goal of the MNF will be to help the Iraqi people to complete the political transition and will permit the United Nations and the international community to work to facilitate Iraq’s reconstruction.
The ability of the Iraqi people to achieve their goals will be heavily influenced by the security situation in Iraq. As recent events have demonstrated, continuing attacks by insurgents, including former regime elements, foreign fighters, and illegal militias challenge all those who are working for a better Iraq.
Development of an effective and cooperative security partnership between the MNF and the sovereign Government of Iraq is critical to the stability of Iraq. The commander of the MNF will work in partnership with the sovereign Government of Iraq in helping to provide security while recognizing and respecting its sovereignty. To that end, the MNF stands ready to participate in discussions of the Ministerial Committee for National Security on the broad framework of security policy, as referred to in the letter from Prime Minister of the Interim Government of Iraq Allawi dated June 5, 2004. On the implementation of this policy, recognizing that Iraqi security forces are responsible to the appropriate Iraqi ministers, the MNF will coordinate with Iraqi security forces at all levels — national, regional, and local — in order to achieve unity of command of military operations in which Iraqi forces are engaged with the MNF. In addition, the MNF and the Iraqi government leaders will keep each other informed of their activities, consult regularly to ensure effective allocation and use of personnel, resources, and facilities, will share intelligence, and will refer issues up the respective chains of command where necessary. We will work in the fora described by Prime Minister Allawi in his June 5 letter to reach agreement on the full range of fundamental security and policy issues, including policy on sensitive offensive operations, and will ensure full partnership between MNF and Iraqi forces, through close coordination and consultation.
Under the agreed arrangement, the MNF stands ready to continue to undertake a broad range of tasks to contribute to the maintenance of security and to ensure force protection. These include activities necessary to counter ongoing security threats posed by forces seeking to influence Iraq’s political future through violence. This will include combat operations against members of these groups, internment where this is necessary for imperative reasons of security, and the continued search for and securing of weapons that threaten Iraq’s security. A further objective will be to train and equip Iraqi security forces that will increasingly take responsibility for maintaining Iraq’s security. The MNF also stands ready as needed to participate in the provision of humanitarian assistance, civil affairs support, and relief and reconstruction assistance requested by the Iraqi Interim Government and in line with previous Security Council Resolutions.
In addition, the MNF is prepared to establish or support a force within the MNF to provide for the security of personnel and facilities of the United Nations. We have consulted closely with UN officials regarding the United Nations’ security requirements and believe that a brigade-size force will be needed to support the United Nations’
His Excellency
Mr. Lauro L. Baja, Jr.
President of the Security Council
United Nations
New York, New York
security effort. This force will be under the command and control of the MNF commander, and its missions will include static and perimeter security at UN facilities, and convoy escort duties for the UN mission’s travel requirements.
In order to continue to contribute to security, the MNF must continue to function under a framework that affords the force and its personnel the status that they need to accomplish their mission, and in which the contributing states have responsibility for exercising jurisdiction over their personnel and which will ensure arrangements for, and use of assets by, the MNF. The existing framework governing these matters is sufficient for these purposes. In addition, the forces that make up the MNF are and will remain committed at all times to act consistently with their obligations under the law of armed conflict, including the Geneva Conventions.
The MNF is prepared to continue to pursue its current efforts to assist in providing a secure environment in which the broader international community is able to fulfil its important role in facilitating Iraq’s reconstruction. In meeting these responsibilities in the period ahead, we will act in full recognition of and respect for Iraqi sovereignty. We look to other member states and international and regional organizations to assist the people of Iraq and the sovereign Iraqi government in overcoming the challenges that lie ahead to build a democratic, secure and prosperous country.
The co-sponsors intend to annex this letter to the resolution on Iraq under consideration. In the meantime, I request that you provide copies of this letter to members of the Council as quickly as possible.
Sincerely,
(Signed) Colin L. Powell
S/RES/1547 Establishment of advance team for peace support operation in Sudan
Date: 11 June 2004 Meeting: 4988
Vote: Unanimous
The Security Council,
Welcoming the signature of the Declaration on 5 June 2004 in Nairobi, Kenya, in which the parties confirmed their agreement to the six protocols signed between the Government of Sudan and the Sudan People’s Liberation Movement/Army (SPLM/A), and reconfirmed their commitment to completing the remaining stages of negotiations,
Commending the work, and continued support of the Intergovernmental Authority on Development (IGAD), in particular the Government of Kenya as Chair of the Subcommittee on Sudan, in facilitating the peace talks, and recognizing the efforts of the Civilian Protection Monitoring Team, the Joint Military Commission in the Nuba Mountains and the Verification and Monitoring Team supporting the peace process, and expressing its hope that IGAD will continue to play a vital role during the transitional period,
Reaffirming its support for the Machakos Protocol of 20 July 2002 and subsequent agreements based on this Protocol,
Reaffirming its commitment to the sovereignty, independence and unity of Sudan,
Recalling the statements by its President (S/PRST/2003/16) of 10 October 2003 and (S/PRST/2004/18) of
25 May 2004,
Condemning all acts of violence and violations of human rights and international humanitarian law by all parties and expressing its utmost concern at the consequences of the prolonged conflict for the civilian population of Sudan, including women, children, refugees and internally displaced persons,
Urging the two parties involved to conclude speedily a Comprehensive Peace Agreement and believing that the progress now being made in the Naivasha Process will contribute to improved stability and peace in Sudan,
Welcoming the Secretary-General’s report (S/2004/453) of 7 June 2004,
1. Welcomes the Secretary-General’s proposal to establish, for an initial period of three months and under the authority of an SRSG, a United Nations advance team in Sudan as a special political mission, dedicated to preparation of the international monitoring foreseen in the 25 September 2003 Naivasha Agreement on Security Arrangements, to facilitate contacts with the parties concerned and to prepare for the introduction of a peace support operation following the signing of a Comprehensive Peace Agreement;
2. Endorses the Secretary-General’s proposals for the staffing of the advance team and requests in this regard the Secretary-General to conclude all necessary agreements with the Government of Sudan as expeditiously as possible;
3. Declares its readiness to consider establishing a United Nations peace support operation to support the implementation of a Comprehensive Peace Agreement, and requests the Secretary-General to submit to the Council recommendations for the size, structure, and mandate of this operation, as soon as possible after the signing of a Comprehensive Peace Agreement;
4. Requests the Secretary-General, pending signature of a Comprehensive Peace Agreement to take the necessary preparatory steps, including, in particular, pre-positioning the most critical logistical and personnel requirements to facilitate the rapid deployment of the above-mentioned possible operation principally to assist the parties in monitoring and verifying compliance with the terms of a Comprehensive Peace Agreement as well as to prepare for the Organization’s role during the transitional period in Sudan;
5. Underlines the need for an effective public information capacity, including through local and national radio, television and newspaper channels, to promote understanding of the peace process and the role a United Nations peace support operation will play among local communities and the parties;
6. Endorses the conclusions of the Secretary-General with regard to the situation in Sudan, in particular Darfur and the Upper Nile set out in paragraph 22 of his report, calls upon the parties to use their influence to bring an immediate halt to the fighting in the Darfur region, in the Upper Nile and elsewhere, urges the parties to the Ndjamena Ceasefire Agreement of 8 April 2004 to conclude a political agreement without delay, welcomes African Union efforts to that end, and calls on the international community to be prepared for constant engagement including extensive funding in support of peace in Sudan;
7. Requests the Secretary-General to keep it informed of developments in Sudan, particularly on the Naivasha negotiation process, the implementation of the peace process and the execution by the advance team of its mandate, and to submit a report to the Council no later than three months after adoption of this resolution;
8. Decides to remain seized of the matter.
S/RES/1548 Extension of UN Peacekeeping Force in Cyprus
Date: 11 June 2004 Meeting: 4989
Vote: Unanimous
The Security Council,
Welcoming the report of the Secretary-General of 26 May 2004 (S/2004/427) 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 is 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 2004,
Welcoming the Secretary-General’s intention to conduct a review, to be completed within three months, on UNFICYP’s mandate, force levels and concept of operation, in view of the 24 April 2004 referenda and taking into account developments on the ground, and the views of the parties,
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, 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 2004 and to consider the recommendations of the Secretary-General in his review of UNFICYP and to act upon them within one month of receiving them;
3. Urges the Turkish Cypriot side and the Turkish forces to rescind without delay all remaining restrictions on UNFICYP, and calls on them to restore in Strovilia the military status quo which existed there prior to 30 June 2000;
4. Requests the Secretary-General to submit a report on the implementation of this resolution concurrent with the report provided for above;
5. Decides to remain seized of the matter.
S/RES/1549 Re-establishment of experts Panel monitoring Liberia sanctions
Date: 17 June 2004 Meeting: 4991
Vote: Unanimous
The Security Council,
Recalling its previous resolutions, in particular resolution 1521 (2003) of 22 December 2003 and resolution 1532 (2004) of 12 March 2004, on the situation in Liberia and West Africa,
Taking note of the report of the Secretary-General on Liberia dated 26 May 2004 (S/2004/428) and the report of the Panel of Experts on Liberia dated 1 June 2004 (S/2004/396), both submitted pursuant to resolution 1521 (2003),
Also taking note of the views expressed by the Chairman of the National Transitional Government of Liberia (NTGL) in the Security Council on 3 June 2004 appealing for the lifting of current sanctions on Liberia’s timber and diamonds, and the request that Council experts visit Liberia within the next 90 days to assess the performance of the NTGL in fulfilling the conditions for the lifting of sanctions,
1. Decides to re-establish the Panel of Experts appointed pursuant to paragraph 22 of resolution 1521 (2003) for a further period to commence no later than 30 June until 21 December 2004 to undertake the following tasks:
(a) to conduct a follow-up assessment mission to Liberia and neighbouring States, in order to investigate and compile a report on the implementation, and any violations, particularly ongoing violations, of the measures referred to in paragraphs 2, 4, 6 and 10 of resolution 1521 (2003) including any violations involving rebel movements and neighbouring countries, and including any information relevant to designation by the Committee established pursuant to resolution 1521 (2003) (hereinafter, “the Committee”) of the individuals described in paragraph 4 (a) of resolution 1521 (2003), and including the various sources of financing, such as from natural resources, for the illicit trade of arms;
(b) to assess the progress made towards the goals described in paragraphs 5, 7 and 11 of resolution 1521 (2003);
(c) to monitor the implementation and enforcement of the measures imposed by paragraph 1 of resolution 1532 (2004), particularly in Liberia and in neighbouring States, as well as in other regions, and to provide the Committee with any information the Panel acquires which will facilitate the identification of individuals and entities of the types described in paragraph 1 of resolution 1532 (2004), and with recommendations on technical assistance Liberia and other States might require to implement the measures;
(d) to assess the socio-economic and humanitarian impact of the measures imposed by resolutions 1521 (2003) and 1532 (2004);
2. Further requests the Panel to provide a mid-term report to the Council for its review, through the Committee, no later than 30 September 2004 with its observations and recommendations, taking into consideration progress made towards the goals identified in resolution 1521 (2003), in particular paragraphs 7 and 11 of that resolution, and also requests that the Panel present a final report to the Council, through the Committee, no later than 10 December 2004, covering all the tasks assigned to it in paragraph 1 above;
3. Requests the Secretary-General, upon adoption of this resolution and acting in consultation with the Committee, to appoint by 30 June 2004 no more than five experts, with the range of expertise necessary to fulfil the Panel’s mandate referred to above, drawing as much as possible and as appropriate on the expertise of the members of the Panel of Experts appointed pursuant to paragraph 22 of resolution 1521 (2003), and further requests the Secretary-General to make the necessary financial arrangements to support the work of the Panel;
4. Encourages the NTGL to take urgent steps to establish an effective Certificate of Origin regime for trade in Liberian rough diamonds that is transparent and internationally verifiable, and urges the NTGL to establish its full authority and control over the timber producing areas, and to take all necessary steps to ensure that government revenues from the Liberian timber industry are not used to fuel conflict or otherwise in violation of the Council’s resolutions but are used for legitimate purposes for the benefit of the Liberian people, including development;
5. Reiterates its call upon States, relevant international organizations and others in a position to do so to offer assistance to the NTGL in achieving the objectives set forth in paragraphs 5, 7 and 11 of resolution 1521 (2003);
6. Also reiterates its previous appeals to the international community to provide timely and adequate assistance for Liberia’s reconstruction and economic recovery and, in particular, to redeem the pledges made at the Liberia Reconstruction Conference held in New York on 5-6 February 2004;
7. 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, including by supplying information on possible violations of the measures imposed by paragraphs 2, 4, 6 and 10 of resolution 1521 (2003) and paragraph 1 of resolution 1532 (2004);
8. Decides to remain actively seized of the matter.
S/RES/1550 Extension of UN Disengagement Observer Force
Date: 29 June 2004 Meeting: 4998
Vote: Unanimous
The Security Council,
Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force of 21 June 2004 (S/2004/499), 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 six months, that is, until 31 December 2004;
3. Requests the Secretary-General to submit, at the end of this period, a report on developments in the situation and the measures taken to implement resolution 338 (1973).
S/RES/1551 Authorization to continue NATO Stabilization Force in Bosnia and Herzegovina
Date: 9 July 2004 Meeting: 5001
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia and relevant statements of its President, including resolutions 1031 (1995) of 15 December 1995, 1088 (1996) of 12 December 1996, 1423 (2002) of 12 July 2002 and 1491 (2003) of 11 July 2003,
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,
Emphasizing its full support for the High Representative’s continued role in Bosnia and Herzegovina,
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 Organization for Security and Cooperation in Europe (OSCE), the European Union (EU), and the personnel of other international organizations and agencies in Bosnia and Herzegovina for their contributions to the implementation of 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 18 February 2004 (S/2004/126),
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 on 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,
Taking note of the decisions set out in paragraph 8 of the communiqué of the NATO Istanbul Summit of
28 June 2004, which refers to NATO’s intention to conclude its SFOR operation in Bosnia and Herzegovina by the end of 2004,
Taking note also of the European Union’s intention to launch an EU mission to Bosnia and Herzegovina, including a military component, from December 2004, under the terms set out in the letter of 29 June 2004 from the Minister of Foreign Affairs of Ireland and President of the Council of the European Union to the President of the Security Council (S/2004/522*/Annex),
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 under Annex 10 of the Peace Agreement the High Representative is the final authority in theatre regarding the interpretation of 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 11 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 19 and 23 below, and any recommendations those report might include, and its readiness to consider the imposition of measures if any party fails significantly to meets 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. Welcomes the decision of NATO to conclude its current SFOR operation in Bosnia and Herzegovina by the end of 2004. Further welcomes the EU’s intention to launch an EU mission to Bosnia and Herzegovina, including a military component, from December 2004;
11. 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 6 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;
12. Expresses its intention to consider the terms of further authorization as necessary in the light of developments in the implementation of the Peace Agreement and the situation in Bosnia and Herzegovina;
13. Authorizes the Member States acting under paragraph 11 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;
14. 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;
15. Authorizes the Member States acting under paragraph 11 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;
16. Requests the authorities in Bosnia and Herzegovina to cooperate with the Commander of the 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;
17. Demands that the parties respect the security and freedom of movement of SFOR and other international personnel;
18. 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;
19. 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;
20. Decides that the status of forces agreements currently contained in Appendix B to Annex 1-A of the Peace Agreement shall apply provisionally in respect to the proposed EU mission and its forces, including from the point of their build-up in Bosnia and Herzegovina, in anticipation of the concurrence of the parties to those agreements to that effect;
21. 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 paragraphs 11 and 20 above;
* * *
22. Welcomes the deployment by the European Union (EU) of its Police Mission (EUPM) to Bosnia and Herzegovina since 1 January 2003;
23. 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;
24. Decides to remain seized of the matter.
S/RES/1552 Extension of arms embargo in Democratic Republic of Congo
Date: 27 July 2004 Meeting: 5011
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and the statements by its President concerning the Democratic Republic of the Congo, in particular resolutions 1493 of 28 July 2003 and 1533 of 12 March 2004,
Reiterating its concern regarding the presence of armed groups and militias in the Eastern part of the Democratic Republic of the Congo, particularly in the provinces of North and South Kivu and in the Ituri district, which perpetuate a climate of insecurity in the whole region,
Condemning the continuing illicit flow of weapons within and into the Democratic Republic of the Congo, and declaring its determination to closely monitor compliance with the arms embargo imposed by its resolution 1493 of 28 July 2003,
Taking note of the report and of the recommendations of the Group of experts referred to in paragraph 10 of resolution 1533, dated 15 July 2004 (S/2004/551), transmitted by the Committee established in accordance with paragraph 8 of the same resolution (hereafter the Committee),
Noting that the situation in the Democratic Republic of the Congo 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. Reaffirms the demands of paragraphs 15, 18 and 19 of resolution 1493;
2. Decides, in light of the failure by the parties to comply with these demands, to renew, until 31 July 2005, the provisions of paragraphs 20 to 22 of resolution 1493 and all the provisions of resolution 1533;
3. Expresses its intention to modify or to remove those provisions if it determines that the demands noted above have been satisfied;
4. Decides further that it will review those measures by 1 October 2004, and periodically thereafter;
5. Requests to this end the Secretary-General, in consultation with the Committee, to re-establish, within thirty days from the date of adoption of this resolution, and for a period expiring on 31 January 2005, the Group of experts referred to in paragraph 10 of resolution 1533;
6. Requests the Group of experts above to report to the Council in writing before 15 December 2004, through the Committee, on the implementation of the measures imposed by paragraph 20 of resolution 1493, with recommendations in this regard, in particular regarding the lists provided for by paragraph 10-g of resolution 1533;
7. Decides to remain actively seized of the matter.
S/RES/1553 Extension of UN Interim Force in Lebanon
Date: 29 July 2004 Meeting: 5012
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978) and 426 (1978) of
19 March 1978 and 1525 (2004) of 30 January 2004 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 also its resolution 1325 (2000) of 31 October 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 to extend the mandate of UNIFIL for a new period of six months presented in the letter from its Permanent Representative to the United Nations of 9 July 2004 to the Secretary-General (S/2004/560),
Expressing its concern over the tensions and potential for escalation as noted in the Secretary-General’s report of 21 July 2004 (S/2004/572),
1. Endorses the report of the Secretary-General on UNIFIL of 21 July 2004 (S/2004/572), and in particular its recommendation to renew the mandate of UNIFIL for a further period of six months;
2. Decides to extend the present mandate until 31 January 2005;
3. Reiterates its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized boundaries;
4. Encourages the Government of Lebanon to continue efforts to ensure the return of its effective authority throughout the south, including the deployment of Lebanese armed forces, stresses the importance of the Government of Lebanon continuing to extend these measures and calls on the Government of Lebanon to do its utmost to ensure a calm environment throughout the south, including along the Blue Line;
5. 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;
6. 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;
7. Condemns all acts of violence, expresses great concern about the serious breaches and the sea, land and continuing air violations of the withdrawal line, and urges the parties to put an end to these violations, to refrain from any act or provocation that could further escalate the tension and to abide scrupulously by the obligation to respect the safety of the UNIFIL and other United Nations personnel;
8. 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;
9. Welcomes the continued contribution of UNIFIL to operational demining, applauds the successful completion of Operation Emirates Solidarity noted by the Secretary-General in his report, 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 encourages further international contributions, 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;
10. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned on the implementation of this resolution and to report thereon to the Council before the end of the present mandate as well as on the activities of UNIFIL and the tasks presently carried out by the United Nations Truce Supervision Organization (UNTSO);
11. Looks forward to the early fulfilment of the mandate of UNIFIL;
12. 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/1554 Extension of UN Observer Mission in Georgia
Date: 29 July 2004 Meeting: 5013
Vote: Unanimous
The Security Council,
Recalling all its relevant resolutions, in particular resolution 1524 of 30 January 2004,
Welcoming the report of the Secretary-General of 14 July 2004,
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,
Deploring that the perpetrators 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 nine people on board, 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, however, the positive momentum given to the United-Nations-led peace process by regular high-level meetings of the Group of Friends in Geneva and the Georgian-Russian summit meetings,
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. Reaffirms the commitment of all Member States to the sovereignty, independence and territorial integrity of Georgia within its internationally recognized borders, and the necessity to define the status of Abkhazia within the State of Georgia in strict accordance with these principles;
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. Reiterates its strong 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. Deeply regrets the continued 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;
5. Regrets also 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;
6. Calls on the parties to spare no efforts to overcome their ongoing mutual mistrust and underlines that the process of negotiation leading to a lasting political settlement acceptable to both sides will require concessions from both sides;
7. Welcomes the commitment by the Georgian side to a peaceful resolution of the conflict and calls on both parties further to publicly dissociate themselves from all militant rhetoric and demonstrations of support for military options;
8. Reminds all concerned to refrain from any action that might impede the peace process;
9. Welcomes the convening of regular meetings of senior representatives of the Group of Friends and the United Nations in Geneva and, while regretting that the Abkhaz side did not participate in the last meeting, looks forward to the constructive participation of the parties in the forthcoming meetings;
10. Urges the parties to participate in a more active, regular and structured manner in the task forces established in the first Geneva meeting (to address issues in the priority areas of economic cooperation, the return of internally displaced persons and refugees, and political and security matters) and complemented by the working groups established in Sochi in March 2003, and reiterates that results-oriented activities in these three priority areas remain key to building common ground between the Georgian and Abkhaz sides and ultimately for concluding meaningful negotiations on a comprehensive political settlement based on the paper entitled “Basic Principles for the Distribution of Competences between Tbilisi and Sukhumi” and its transmittal letter;
11. Encourages the sides in that respect to continue their discussion on security guarantees and welcomes the meeting in Sukhumi on 20 May on this issue;
12. Calls again on the parties to take concrete steps to revitalize the peace process in all its major aspects, including 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, with a view to holding a fourth conference on confidence-building measures;
13. 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 and consultations with UNHCR and the Group of Friends;
14. Calls for the rapid finalization and signature of the letter of intent on returns proposed by the Special Representative of the Secretary-General and welcomes the recent meetings with the participation of the SRSG and UNHCR of the Sochi working group on refugees and internally displaced persons;
15. 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;
16. Recalls that the Abkhaz side bears a particular responsibility to protect the returnees and to facilitate the return of the remaining displaced population;
17. Welcomes the report of the mission led by the United Nations Development Programme to the Gali region (December 2003) to assess the feasibility of a sustainable recovery process for the local population and potential returnees and to identify further actions to improve the overall security conditions and ensure sustainable return, and looks forward to further consultations by UNDP and UNOMIG with the parties aimed at implementing its recommendations;
18. Urges the parties once again to implement the recommendations of the Joint Assessment Mission to the Gali sector (November 2000), regrets that there has been no progress to that effect despite the positive consideration by the parties given to those recommendations in the first Geneva meeting and calls again upon the Abkhaz side to agree to the opening as soon as possible of the Gali branch of the human rights office in Sukhumi and to provide security conditions for its unhindered functioning;
19. Expresses concern that despite the start of the deployment of a civilian police component as part of UNOMIG, as endorsed in resolution 1494 (2003) and agreed by the parties, the deployment of the remaining officers in the Gali sector is still outstanding and calls on the Abkhaz side to allow for a swift deployment of the police component in that region;
20. 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;
21. Welcomes the measures taken by the Georgian side to put an end to the activities of illegal armed groups and encourages the maintenance of these efforts;
22. 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);
23. Welcomes the continuing relative calm in the Kodori valley, condemns the killings and abductions of civilians as well as the attack on a CIS checkpoint in the Gali sector;
24. Urges the parties to abide by the provisions of the protocols on security issues in the Gali sector signed on 19 January 2004 and 8 October 2003, to continue their regular meetings and to cooperate more closely with each other to improve security in the sector;
25. Calls on the Georgian side to provide comprehensive security guarantees to allow for independent and regular monitoring of the situation in the upper Kodori valley by joint UNOMIG and CIS peacekeeping force patrols;
26. 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; strongly condemns in that respect the repeated abductions of personnel of those missions in the past, deeply deplores that none of the perpetrators have ever been identified or brought to justice and reiterates again that it is the responsibility of the parties to end this impunity;
27. Urges the parties, once again, to take all necessary steps to identify those responsible for the shooting down of a UNOMIG helicopter on 8 October 2001, to bring them to justice, and to inform the SRSG of the steps taken;
28. Decides to extend the mandate of UNOMIG for a new period terminating on 31 January 2005, subject to a review as appropriate of its mandate by the Council in the event of changes in the mandate of the CIS peacekeeping force;
29. 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;
30. Decides to remain actively seized of the matter.
S/RES/1555 Extension of UN Organization Mission in Democratic Republic of Congo
Date: 29 July 2004 Meeting: 5014
Vote: Unanimous
The Security Council,
Recalling its previous relevant resolutions and statements by its President on the situation in the Democratic Republic of the Congo, in particular resolutions 1493 of 28 July 2003 and 1533 of 12 March 2004,
Reaffirming its commitment to respect for the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo and all the States in the region,
Reiterating its full support to the Government of National Unity and Transition of the Democratic Republic of the Congo,
Deeply concerned by the ongoing tensions and by the continuation of hostilities in the Eastern part of the Democratic Republic of the Congo, particularly in the provinces of North and South Kivu, as well as in the Ituri district,
Reaffirming its readiness to support the peace and national reconciliation process, in particular through the United Nations Organization’s Mission in the Democratic Republic of the Congo (MONUC),
Welcoming MONUC’s readiness to take an active part in the joint verification mechanism whose creation was announced by the Presidents of the Democratic Republic of the Congo and of Rwanda in Abuja, on 25 June 2004,
Noting that the situation in the Democratic Republic of the Congo continues to constitute a threat to international peace and security in the region,
1. Decides to extend the mandate of MONUC, as contained in resolutions 1493 and 1533, both adopted under Chapter VII of the Charter of the United Nations, until the 1st of October 2004;
2. Requests the Secretary-General to submit a report to the Council, before 16 August 2004, on the execution by MONUC of its mandate;
3. Decides to remain actively seized of the matter.
S/RES/1556 Demand disarmament by Sudan of militias in Darfur
Date: 30 July 2004 Meeting: 5015
Vote: 13-0-2 In favour: Algeria, Angola, Benin, Brazil,
Chile, France, Germany, Philippines,
Romania, Russian Federation, Spain,
United Kingdom, United States
Against: None
Abstaining: China, Pakistan
The Security Council,
Recalling its Statement by its President of 25 May 2004 (S/PRST/2004/16), its resolution 1547 (2004) of
11 June 2004 and its resolution 1502 (2003) of 26 August 2003 on the access of humanitarian workers to populations in need,
Welcoming the leadership role and the engagement of the African Union to address the situation in Darfur and expressing its readiness to support fully these efforts,
Further welcoming the communiqué of the African Union Peace and Security Council issued 27 July 2004 (S/2004/603),
Reaffirming its commitment to the sovereignty, unity, territorial integrity, and independence of Sudan as consistent with the Machakos Protocol of 20 July 2002 and subsequent agreements based on this protocol as agreed to by the Government of Sudan,
Welcoming the Joint Communiqué issued by the Government of Sudan and the Secretary-General of the United Nations on 3 July 2004, including the creation of the Joint Implementation Mechanism, and acknowledging steps taken towards improved humanitarian access,
Taking note of the Report of the Secretary-General on Sudan issued 3 June 2004 and welcoming the Secretary-General’s appointment of a Special Representative for Sudan and his efforts to date,
Reiterating its grave concern at the ongoing humanitarian crisis and widespread human rights violations, including continued attacks on civilians that are placing the lives of hundreds of thousands at risk,
Condemning all acts of violence and violations of human rights and international humanitarian law by all parties to the crisis, in particular by the Janjaweed, including indiscriminate attacks on civilians, rapes, forced displacements, and acts of violence especially those with an ethnic dimension, and expressing its utmost concern at the consequences of the conflict in Darfur on the civilian population, including women, children, internally displaced persons, and refugees,
Recalling in this regard that the Government of Sudan bears the primary responsibility to respect human rights while maintaining law and order and protecting its population within its territory and that all parties are obliged to respect international humanitarian law,
Urging all the parties to take the necessary steps to prevent and put an end to violations of human rights and international humanitarian law and underlining that there will be no impunity for violators,
Welcoming the commitment by the Government of Sudan to investigate the atrocities and prosecute those responsible,
Emphasizing the commitment of the Government of Sudan to mobilize the armed forces of Sudan immediately to disarm the Janjaweed militias,
Recalling also in this regard its resolutions 1325 (2000) of 31 October 2000 on women, peace and security, 1379 (2001) of 20 November 2001, 1460 (2003) of 30 January 2003, and 1539 (2004) of 22 April 2004 on children in armed conflict, and 1265 (1999) of 17 September 1999 and 1296 (2000) of 19 April 2000 on the protection of civilians in armed conflict,
Expressing concern at reports of violations of the Ceasefire Agreement signed in N’Djamena on 8 April 2004, and reiterating that all parties to the ceasefire must comply with all of the terms contained therein,
Welcoming the donor consultation held in Geneva in June 2004 as well as subsequent briefings highlighting urgent humanitarian needs in Sudan and Chad and reminding donors of the need to fulfil commitments that have been made,
Recalling that over one million people are in need of urgent humanitarian assistance, that with the onset of the rainy season the provision of assistance has become increasingly difficult, and that without urgent action to address the security, access, logistics, capacity and funding requirements the lives of hundreds of thousands of people will be at risk,
Expressing its determination to do everything possible to halt a humanitarian catastrophe, including by taking further action if required,
Welcoming the ongoing international diplomatic efforts to address the situation in Darfur,
Stressing that any return of refugees and displaced persons to their homes must take place voluntarily with adequate assistance and with sufficient security,
Noting with grave concern that up to 200,000 refugees have fled to the neighbouring State of Chad, which constitutes a serious burden upon that country, and expressing grave concern at reported cross-border incursions by Janjaweed militias of the Darfur region of Sudan into Chad and also taking note of the agreement between the Government of Sudan and Chad to establish a joint mechanism to secure the borders,
Determining that the situation in Sudan constitutes a threat to international peace and security and to stability in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Calls on the Government of Sudan to fulfil immediately all of the commitments it made in the
3 July 2004 Communiqué, including particularly by facilitating international relief for the humanitarian disaster by means of a moratorium on all restrictions that might hinder the provision of humanitarian assistance and access to the affected populations, by advancing independent investigation in cooperation with the United Nations of violations of human rights and international humanitarian law, by the establishment of credible security conditions for the protection of the civilian population and humanitarian actors, and by the resumption of political talks with dissident groups from the Darfur region, specifically the Justice and Equality Movement (JEM) and the Sudan Liberation Movement and Sudan Liberation Army (SLM/A) on Darfur;
2. Endorses the deployment of international monitors, including the protection force envisioned by the African Union, to the Darfur region of Sudan under the leadership of the African Union and urges the international community to continue to support these efforts, welcomes the progress made in deploying monitors, including the offers to provide forces by members of the African Union, and stresses the need for the Government of Sudan and all involved parties to facilitate the work of the monitors in accordance with the N’Djamena ceasefire agreement and with the Addis Ababa agreement of 28 May 2004 on the modalities of establishing an observer mission to monitor the ceasefire;
3. Urges member states to reinforce the international monitoring team, led by the African Union, including the protection force, by providing personnel and other assistance including financing, supplies, transport, vehicles, command support, communications and headquarters support as needed for the monitoring operation, and welcomes the contributions already made by the European Union and the United States to support the African Union led operation;
4. Welcomes the work done by the High Commissioner for Human Rights to send human rights observers to Sudan and calls upon the Government of Sudan to cooperate with the High Commissioner in the deployment of those observers;
5. Urges the parties to the N’Djamena Ceasefire Agreement of 8 April 2004 to conclude a political agreement without delay, notes with regret the failure of senior rebel leaders to participate in the 15 July talks in Addis Ababa, Ethiopia as unhelpful to the process and calls for renewed talks under the sponsorship of the African Union, and its chief mediator Hamid Algabid, to reach a political solution to the tensions in Darfur and strongly urges rebel groups to respect the ceasefire, end the violence immediately, engage in peace talks without preconditions, and act in a positive and constructive manner to resolve the conflict;
6. Demands that the Government of Sudan fulfil its commitments to disarm the Janjaweed militias and apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out human rights and international humanitarian law violations and other atrocities, and further requests the Secretary-General to report in 30 days, and monthly thereafter, to the Council on the progress or lack thereof by the Government of Sudan on this matter and expresses its intention to consider further actions, including measures as provided for in Article 41 of the Charter of the United Nations on the Government of Sudan, in the event of non-compliance;
7. Decides that all states shall take the necessary measures to prevent the sale or supply, to all non-governmental entities and individuals, including the Janjaweed, operating in the states of North Darfur, South Darfur and West Darfur, by their nationals or from 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, whether or not originating in their territories;
8. Decides that all states shall take the necessary measures to prevent any provision to the non-governmental entities and individuals identified in paragraph 7 operating in the states of North Darfur, South Darfur and West Darfur by their nationals or from their territories of technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in paragraph 7 above;
9. Decides that the measures imposed by paragraphs 7 and 8 above shall not apply to:
– supplies and related technical training and assistance to monitoring, verification or peace support operations, including such operations led by regional organizations, that are authorized by the United Nations or are operating with the consent of the relevant parties;
– supplies of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical training and assistance; and
– supplies of protective clothing, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel;
10. Expresses its intention to consider the modification or termination of the measures imposed under paragraphs 7 and 8 when it determines that the Government of Sudan has fulfilled its commitments described in paragraph 6;
11. Reiterates its support for the Naivasha agreement signed by the Government of Sudan and the Sudan People’s Liberation Movement, and looks forward to effective implementation of the agreement and a peaceful, unified Sudan working in harmony with all other States for the development of Sudan, and calls on the international community to be prepared for constant engagement including necessary funding in support of peace and economic development in Sudan;
12. Urges the international community to make available much needed assistance to mitigate the humanitarian catastrophe now unfolding in the Darfur region and calls upon member states to honour pledges that have been made against needs in Darfur and Chad and underscoring the need to contribute generously towards fulfilling the unmet portion of the United Nations consolidated appeals;
13. Requests the Secretary-General to activate inter-agency humanitarian mechanisms to consider what additional measures may be needed to avoid a humanitarian catastrophe and to report regularly to the Council on progress made;
14. Encourages the Secretary-General’s Special Representative for Sudan and the independent expert of the Commission on Human Rights to work closely with the Government of Sudan in supporting independent investigation of violations of human rights and international humanitarian law in the Darfur region;
15. Extends the special political mission set out in resolution 1547 for an additional 90 days to
10 December 2004 and requests the Secretary-General to incorporate into the mission contingency planning for the Darfur region;
16. Expresses its full support for the African Union-led ceasefire commission and monitoring mission in Darfur, and requests the Secretary-General to assist the African Union with planning and assessments for its mission in Darfur, and in accordance with the Joint Communiqué to prepare to support implementation of a future agreement in Darfur in close cooperation with the African Union and requests the Secretary-General to report to the Security Council on progress;
17. Decides to remain seized of the matter.
S/RES/1557 Extension of UN Assistance Mission for Iraq
Date: 12 August 2004 Meeting: 5020
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions on Iraq, in particular resolution 1500 (2003) of 14 August 2003 and 1546 (2004) of 8 June 2004,
Reaffirming the independence, sovereignty, unity and territorial integrity of Iraq,
Recalling the establishment of the United Nations Assistance Mission for Iraq (UNAMI) on 14 August 2003, and reaffirming that the United Nations should play a leading role in assisting the Iraqi people and government in the formation of institutions for representative government,
Welcoming the Secretary-General’s appointment of his new Special Representative for Iraq,
Having considered the report of the Secretary-General of 5 August 2004 (S/2004/625),
1. Decides to extend the mandate of the United Nations Assistance Mission for Iraq (UNAMI) for a period of twelve months from the date of this resolution;
2. Expresses its intention to review the mandate of UNAMI in twelve months or sooner if requested by the Government of Iraq;
3. Decides to remain seized of the matter.
S/RES/1558 Re-establishment of monitoring group on Somalia arms embargo
Date: 17 August 2004 Meeting: 5022
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions and the statements of its President concerning the situation in Somalia, in particular resolution 733 (1992) of 23 January 1992, which established an embargo on all delivery of weapons and military equipment to Somalia (hereinafter referred to as the “arms embargo”), and resolution 1519 (2003) of
16 December 2003,
Reiterating its firm support for the Somali National Reconciliation Process and the ongoing Somali National Reconciliation Conference under the sponsorship of the Intergovernmental Authority on Development, and reaffirming the importance of the sovereignty, territorial integrity, political independence and unity of Somalia,
Condemning the continued flow of weapons and ammunition supplies to and through Somalia, in contravention of the arms embargo, and expressing its determination that violators should be held accountable,
Reiterating the importance of enhancing the monitoring of the arms embargo in Somalia through persistent and vigilant investigation into the violations, bearing in mind that the Somali National Reconciliation Process and the implementation of the arms embargo serve as mutually reinforcing processes,
Determining that the situation in Somalia constitutes a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Stresses the obligation of all States to comply fully with the measures imposed by resolution 733 (1992);
2. Takes note of the report of the Monitoring Group dated 11 August 2004 (S/2004/604) submitted pursuant to paragraph 6 of resolution 1519 (2003), and the observations and recommendations contained therein, and expresses its intention to give them due consideration in order to improve compliance with the measures imposed by resolution 733 (1992);
3. Requests the Secretary-General, in consultation with the Committee established pursuant to resolution 751 (1992) of 24 April 1992 (hereinafter referred to as “the Committee”), to re-establish, within thirty days from the date of the adoption of this resolution, and for a period of six months, the Monitoring Group as referred to in paragraph 2 of resolution 1519 (2003), with the following mandate:
(a) To continue the tasks outlined in paragraph 2 (a)-(d) of resolution 1519 (2003);
(b) To continue refining and updating information on the draft list of those who continue to violate the arms embargo inside and outside Somalia, and their active supporters, for possible future measures by the Council, and to present such information to the Committee as and when the Committee deems appropriate;
(c) To continue making recommendations based on its investigations, on the previous reports of the Panel of Experts (S/2003/223 and S/2003/1035) appointed pursuant to resolutions 1425 (2002) of 22 July 2002 and 1474 (2003) of 8 April 2003, and on the Monitoring Group’s first report (S/2004/604);
(d) To work closely with the Committee on specific recommendations for additional measures to improve overall compliance with the arms embargo;
(e) To provide to the Council, through the Committee, a midterm report and a final report covering all the tasks set out above;
4. Further requ
