SECURITY COUNCIL VOTES TO TIGHTEN SANCTIONS AGAINST UNITA, UNANIMOUSLY ADOPTING RESOLUTION 1295 (2000)
SECURITY COUNCIL VOTES TO TIGHTEN SANCTIONS AGAINST UNITA, UNANIMOUSLY ADOPTING RESOLUTION 1295 (2000)
- Security Council
SECURITY COUNCIL VOTES TO TIGHTEN SANCTIONS AGAINST UNITA, UNANIMOUSLY ADOPTING RESOLUTION 1295 (2000)20000418
Acting under the enforcement provisions of the Charter (Chapter VII), the Security Council this afternoon unanimously voted to tighten its sanctions against the National Union for the Total Independence of Angola (UNITA) and undertook to consider additional measures -- use of armed force not included -- to make them more effective.
By the terms of resolution 1295 (2000), the Council asked the Secretary- General to establish a monitoring mechanism which would be composed of five experts, for a period of six months from its entry into operation. Their tasks would be to collect relevant information, investigate relevant leads and verify information provided by all sources concerning violations of the Councils three previous sanctions resolutions on UNITA. The experts would report periodically to the Sanctions Committee on Angola, including providing a written report by 18 October. The Council called upon States to cooperate with the experts in the discharge of their mandate.
The Council expressed its intention to review the implementation of its three previous resolutions on UNITA on the basis of information provided, inter alia, by the Panel of Experts, by States, and by the monitoring mechanism established by the present resolution. It also expressed its readiness, on the basis of the results of the review, to consider appropriate action in accordance with the Charter against States it determined to have violated the measures contained in those resolutions. It set a deadline of 18 November for an initial decision on the subject.
Further, the Council undertook to consider by that date the application of additional measures against UNITA under Article 41 of the Charter, and the development of additional tools to render the existing measures imposed against the party more effective.
(Article 41 covers measures -- not involving the use of armed force -- which the Security Council may decide to employ to give effect to its decisions, and may call upon Member States to apply them. The measures may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio and other means of communication, and the severance of diplomatic relations.)
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The Council welcomed the decision of several States referred to in the report of the Panel of Experts to establish interdepartmental commissions and other mechanisms to investigate the allegations contained in the report. It invited those States to keep the Committee informed of the results of such investigations. It took note of the information provided to the Council by States in response to the conclusions and recommendations of the Panel of Experts, and asked its Sanctions Committee on Angola to consider fully all such information.
In a section of the resolution covering trade in arms, the Council encouraged all States to exercise diligence in order to prevent the diversion or trans-shipment of weapons to unauthorized end-users or unauthorized destinations, where such diversion or trans-shipment risked resulting in the violation of the measures contained in its resolution 864 (1993). States should also require end-use documentation or equivalent measures before exports from their territories were allowed. The Council further encouraged all States to ensure effective monitoring and regulation in the export of weapons, including by private arms brokers, where they did not already do so.
Furthermore, the Council invited States to consider the proposal to convene one or more conferences of representatives of countries that were manufacturers and, in particular, exporters of weapons for the purpose of developing proposals to stem the illicit flow of arms into Angola. It called for the provision of the necessary financial support for such conferences by States, and urged that representatives of the Southern African Development Community (SADC) countries be invited to those conferences.
A section of the resolution dealing with trade in petroleum and petroleum products encouraged the convening of a conference of experts to devise a regime for curbing their illegal supply into UNITA-controlled areas, including physical inspection as well as the broader monitoring of petroleum supply in those areas. It further encouraged any such conference to focus on the role and capacity of the SADC in the implementation of such a regime. The Council invites the SADC to consider the establishment of monitoring activities in the border areas adjacent to Angola, for the purpose of reducing opportunities for the smuggling of petroleum and petroleum products into areas under the control of UNITA.
The UNITA was further invited to take the lead in establishing an information exchange mechanism involving petroleum companies and governments to facilitate the flow of information regarding possible illegal diversions of fuel to UNITA. The SADC was further invited to take the lead in carrying out chemical analysis of fuel samples obtained from petroleum suppliers in the SADC region and, using the results, to create a database for the purpose of determining the sources of fuel obtained or captured from UNITA.
The Security Council called upon the Government of Angola to implement additional internal controls and inspection procedures with respect to the distribution of petroleum and petroleum products, for the purpose of enhancing the effectiveness of the measures contained in Council resolution 864 (1993). The
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Angolan Government was invited to inform the Sanctions Committee on Angola of the steps it had taken.
The Council called upon all States to enforce strictly safety and control regulations relating to the transportation by air of fuel and other hazardous commodities, particularly in the area around Angola.
With regard to provisions on trade in diamonds, the Council welcomed a proposal that a meeting of experts be convened to devise a system of controls to facilitate the implementation of the measures in its resolution 1173 (1998), including arrangements that would allow for increased transparency and accountability in the control of diamonds from their point of origin to the bourses. It emphasized that every effort should be made to avoid inflicting collateral damage on the legitimate diamond trade. It welcomed the intention of South Africa to host a relevant conference this year.
With regard to funds and financial measures, the Council encouraged States to convene a conference of experts to explore possibilities for strengthening the implementation of the financial measures imposed against UNITA, contained in resolution 1173 (1998). It called upon all States to work with financial institutions on their territory to develop procedures to facilitate the identification of funds and financial assets that may be subject to the measures contained in resolution 1173 (1998) and the freezing of such assets.
Among the provisions concerning travel and representation, the Council emphasized the importance of States acting to prevent the circumvention on or from their territory of the measures contained in the relevant Council resolutions since 1993, and invited them to review the status of UNITA officials and representatives, as well as all adult members of their families, designated by the Committee and believed to be residing on their territory, with a view to suspending or cancelling their travel documents, visas and residence permits.
Under additional steps, the Council urged all States to make available to the Committee information on the violation of the measures contained in the relevant resolutions since 1993. It further urged all States, including those geographically close to Angola, to take immediate steps to enforce, strengthen or enact legislation making it a criminal offence under domestic law for their nationals or other individuals operating on their territory to violate the measures imposed by the Council against UNITA.
In a related provision, it underlined the important role played by SADC in implementing the measures contained in the relevant resolutions and its determination to strengthen such implementation. It invited SADC to make known to the Committee what assistance it required in implementing this and previous resolutions, and expressed its intention to initiate a dialogue with SADC in that regard.
In that connection, it strongly urged States and international organizations to consider providing financial and technical assistance to the Community. It also invited SADC to consider measures to strengthen air traffic control systemsSecurity Council - 1c - Press Release SC/6846 4129th Meeting (PM) 18 April 2000
in the subregion for the purpose of detecting illegal flight activities across national borders, and to consider the establishment of an air traffic regime for the control of regional air space.
The Council President for the month of April and Chairman of the Sanctions Committee, Robert Fowler (Canada) introduced the draft resolution.
Also addressing the Council at today's meeting were the representatives of the United Kingdom, Russian Federation, France, United States, Mali, Netherlands, Argentina, China, Malaysia, Namibia, Jamaica, Tunisia, Bangladesh, Ukraine, Canada, Angola, Burkina Faso, Portugal (on behalf of the European Union), Belgium, Bulgaria, Mozambique, New Zealand, United Republic of Tanzania, Gabon, Brazil, Spain, Togo, Zimbabwe and Rwanda.
The meeting, which began at 12:30 p.m., was suspended at 1:45 p.m. It resumed at 3:16 p.m. and adjourned at 5:30 p.m.
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Council Work Programme
The Security Council met this afternoon to continue consideration of the situation in Angola. It had before it the final report of the Panel of Experts on Violations of Security Council Sanctions against the National Union for the Total Independence of Angola (UNITA), which covers violations of sanctions and contains recommendations to make the sanctions more effective.
The sanctions at issue prohibit the sale or delivery of arms and military equipment to UNITA; prohibit the provision of petroleum products to UNITA; prohibit the purchase of diamonds mined in areas controlled by UNITA; require the seizing of bank accounts and other financial assets of UNITA; and mandate the closing of UNITA representation offices abroad, as well as restrictions on the travel of senior UNITA officials and adult members of their immediate families.
According to the report, Panel members visited nearly 30 countries, meeting, among others, with government officials, police and intelligence sources, commercial companies and journalists. In January, the Chairman of the Panel, Robert R. Fowler (Canada), together with its Vice-Chairman and Rapporteur, interviewed a number of key defectors from UNITA in Angola.
The report states that the active efforts of Mr. Fowler, together with recent actions taken by governments and efforts by non-governmental organizations and others, have already made it harder for UNITA to sell its diamonds, and more expensive for UNITA to acquire arms and military equipment as a result of the increased risks of exposure to its suppliers and transporters. However, unless the Security Council and the international community remain engaged in the effort, there is a very real risk that UNITA and its partners will go back to doing business as usual.
Regarding arms and military equipment, the report concludes that, in addition to arms and equipment captured in battle, UNITA was able to import large quantities of arms and military equipment as a result of four key factors. First has been the willingness of certain countries in Africa to provide their end-user certificates to UNITA and to facilitate the passage of arms and military equipment through their territory -- most notably Zaire under President Mobutu Sese Seko, Togo and Burkina Faso. Second has been the willingness of some arms supplying countries -- most notably Bulgaria -- to sell weapons officially or unofficially. Third has been the eagerness of international arms brokers and air transport carriers to act as intermediaries between UNITA and suppliers. A fourth factor has been the capacity of UNITA to continue to pay for what it wants.
The report recommends, among other things, that the Security Council should apply sanctions against leaders and governments found to have been deliberately breaking the sanctions relating to the supply of arms and military equipment to UNITA, that governments agree to register, license and monitor the activities of arms brokers, and that information collected through this exercise be stored in national databases and be made available to other governments. All arms transfers by governments should provide for the mandatory authentication and reconciliation of all end-user certificates, as well as verification of stated undertakings contained in those certificates.
Regarding petroleum and petroleum-related products, the Panel concludes that a number of former and current heads of State in Africa helped UNITA circumvent Council sanctions against the provision of such products. Those implicated include: the former President of Zaire, Mobutu Sese Seko; the former President of the Republic of Congo, Pascal Lissouba; the former Prime Minister of the Republic of Congo, General Joachim Yhombi Opango; and the President of Burkina Faso, Blaise Compaore.
The report goes on to recommend that fuel stocks and movements should be closely monitored in the border areas of Zambia and the Democratic Republic of the Congo, and, to a lesser extent, Namibia, adjacent to UNITA-controlled areas.
On the subject of diamonds, the report concludes that UNITA's ability to sell its diamonds is based on its access to diamond-rich territories, on its easy and protected access to external locations where diamond deals can be transacted, and on the ease with which illegal diamonds can be sold and traded on major diamond markets, particularly in Antwerp. Authorities at the highest levels in Burkina Faso and Rwanda have facilitated meetings between UNITA and diamond dealers from Antwerp. South Africa was also a place where transactions occurred, but such activities were not conducted with the support or participation of the Government of South Africa.
The report notes the apparent inability or unwillingness of the responsible authorities in Belgium to police effectively the smuggling of illegal Angolan diamonds onto the Antwerp diamond market. Lax controls within Angola have also facilitated diamond smuggling in that country.
The report recommends that forfeiture should be provided for where the legal origin of rough diamonds cannot be established by the possessor; that Member States of the United Nations should apply sanctions against individuals and enterprises intentionally breaking United Nations sanctions relating to UNITA diamonds; and that practical measures should be devised by the responsible government and industry authorities to limit UNITA's access to legitimate diamond markets. It further recommends that dealing in undeclared rough diamonds be considered a criminal offence in countries hosting important diamond marketing centres.
As far as UNITA finances and assets are concerned, the report concludes that the bulk of UNITA's assets are retained in the form of rough diamonds, which are packaged and sold as needed. Nonetheless, a network of banks, financial institutions and money managers continue to be connected with UNITA and its representatives and suppliers. According to the report, President Eyadema of Togo and deposed President Bedie of Côte d'Ivoire aided UNITA in trying to circumvent the sanctions on financial assets imposed by the Council. The report specifically notes the apparent absence of any action by Morocco to track down or freeze UNITA assets transferred to that country with the knowledge of Moroccan officials prior to the imposition of financial sanctions by the Council.
The report recommends that Member States should be encouraged to make provision for the forfeiture of UNITA-controlled assets whose provenance cannot be traced to a lawful source, and that a substantial bounty or "finders fee percentage" be given to any institution, non-governmental organization or individual that traces, tracks down and identifies UNITA assets that are subject to sanction.
With respect to UNITA representation abroad, the report concludes that while UNITA no longer operates formal "Embassies", Burkina Faso, Togo, Côte d'Ivoire, Zambia and Rwanda provided actual support and protection for UNITA representatives and easy access for senior UNITA officials wishing to travel there. In the United States, France, Belgium, Portugal, Switzerland and South Africa, among others, UNITA is able to maintain an "unofficial" representative presence with the knowledge, but without the direct support, of the host government.
The report concludes further that a number of countries have disregarded the Council's ban on travel by senior UNITA officials and members of their immediate families. The worst offenders were identified as Burkina Faso, Togo and Côte d'Ivoire, while Rwanda, Zambia and South Africa were also found to have lax or selective enforcement. A number of countries -- Belgium, France and Portugal in particular -- were either unable for legal reasons or unwilling to prevent senior UNITA officials and/or adult members of their immediate families from residing in or transiting their territories. In this regard, the report recommends further that the status of senior UNITA officials and representatives residing abroad should be re-examined by the countries concerned, with a view towards the immediate expulsion of those found to be still actively engaged in UNITA's military or political affairs.
In related matters, such as the role of transport in sanctions busting and the shooting down of two United Nations aircraft, the report recommends that the Southern African Development Community (SADC) consider the introduction of mobile radar systems for the purpose of detecting illegal flight activities across national borders, and that the SADC give consideration to the establishment of an air traffic regime for the control of regional air space, rather than on a per country basis. The report further recommends that Member States geographically close to Angola should take immediate steps to enforce, strengthen or enact legislation making it a criminal offence to violate sanctions imposed by the Security Council against UNITA.
The report also recommends that the Council apply appropriate sanctions against governments found to have been intentionally breaking the sanction. It expresses the Panel's hope that the Council will now seize this opportunity to demonstrate that international sanctions can be made to work effectively, and that Member States and others will be held accountable to the international community for their actions. That message, says the report, would be heard not just in Angola, but in many other current and potential areas of conflict as well.
ROBERT FOWLER (Canada), Chairman of the Sanctions Committee on Angola, introducing the draft resolution before the Council, emphasized that the Councils sanctions against the rebel movement in Angola, UNITA, were having real impact. The work of the Panel of Experts, which he chaired, had significantly contributed to that welcome development. The Councils adoption of the substantial resolution would demonstrate its commitment to ensuring that the sanctions continued to have an impact in curtailing UNITAs ability to pursue its objectives through military means.
The draft resolution would, among its many other features, put in place a seven-month process at the end of which -- in mid-November -- the Security Council would consider appropriate action in relation to States it believed to be continuing to violate the sanctions against UNITA. The draft would also request the Secretary-General to establish a monitoring mechanism proposed by the Panel of Experts. It would be composed of up to five monitors whose renewable six-month mandate would be to collect relevant information, investigate relevant leads, and verify information provided by all sources.
In deciding who had violated the sanctions and what to do about it, said Mr. Fowler, the Council would thus draw on three substantial bodies of information: the report of the Panel of Experts; the additional information made available by States; and the reports of the independent monitoring mechanism. The purpose of the resolution was to provide all States with an opportunity to answer the allegations of the Expert Panel, to end sanctions violations where they had occurred, and to bring their actions into conformity with the clearly articulated will of the international community.
He said a generation of Angolans had never known peace. The purpose of the sanctions against UNITA was to promote a durable political settlement of the three-decades-long conflict in Angola, by requiring UNITA to comply with the obligations it had freely undertaken. Adoption of the resolution would constitute a reaffirmation of the Councils commitment to peace in Angola, and a demonstration of its determination to use all of the levers available to it to bring about that peace.
Sir JEREMY GREENSTOCK (United Kingdom) said the only way to achieve an end to the decades of misery in Angola was to deprive UNITA of the practical means to continue to wage war. When a leader and his organization in civil conflict rejected peace and ignored the will of the majority of ordinary people, then sanctions were one of the few tools the United Nations had at its disposal to try to make them reconsider. Having decided on a sanctions regime, Member States must make it work.
He said the work of Canada and that of the Expert Panel chaired by Mr. Fowler of Canada -- both supported in practice by the United Kingdom -- had already sent an important message -- that violators of the sanctions would be pursued. The UNITA now knew, even before the Security Council had taken decisions, that lawbreaking friends were harder to find, illegal supplies harder to secure and stolen diamonds harder to sell.
Making todays resolution work would be tough going, he said. It would require a new level of cooperation among Member States, and between governments and the private sector. It would require technical expertise and political will. The United Kingdom would play its part. While all Member States were affected, however, he said the resolution placed a particular burden on States neighbouring Angola. The United Kingdom welcomed the commitment which the SADC States had already expressed to follow up the resolution. That was in their interests -- peace in Angola would make a significant positive difference to the region.
Todays resolution addressed more than the achieving of peace in Angola. The text, the process which had led to it and, most important, the action which must follow from it also sent a forceful message about the seriousness of the Council. He said Member States must live up to it.
SERGEY LAVROV (Russian Federation) said the protracted armed conflict in Angola was of most serious concern. As a member of the three observer States for implementation of the peace process, his country had confirmed its position that the entire responsibility of the continued conflict lay with UNITA, headed by Jonas Savimbi, who was refusing to comply with the terms of the Lusaka Agreement and the demands of Security Council resolutions. Thus, there was a need to further strengthen the pressure on UNITAs political leadership, primarily to halt the fighting and get back on track towards a political settlement. He sympathized with the position of the Angolan leadership, and today welcomed that countrys Foreign Minister to the Council Chamber.
He said that given Mr. Savimbis record of broken promises, he could have no political future. Mr. Savimbi and his entourage had shown their indifference to the fate of their people in their drive to satisfy their uncontrollable thirst for power. The victims of that quest had often been helping the country under the United Nations flag. Citizens had been held prisoner, including a citizen of the Russian Federation who had died. The UNITA had shown outright contempt for the will of the international community, through its carefully premeditated policy of evading the Councils sanctions, designed to deprive UNITAs military machinery. It was therefore of paramount importance to strengthen effective control over the current sanctions regime.
Active efforts by the Sanctions Committee and its Chairman had already had an important positive impact on ensuring firmer respect for the sanctions against UNITA, he said. The report of the group of experts had led to todays text, which he had helped to draft and which had been based on the expert groups recommendations, would help achieve the Councils goals. Implementation of todays resolution would contribute towards enhancing the effective control of sanctions and help to close off the channels used by UNITAs leadership to continue the war imposed on the Angolan people.
JEAN DAVID-LEVITTE (France) said todays resolution would send a clear and firm message to Mr. Savimbi and UNITA to put an immediate end to the hostilities and finally discharge their obligations under the Lusaka Protocol. He fully endorsed that message in light of Mr. Savimbis striking rejection of his responsibilities and his refusal to abide by the Councils resolutions. That behaviour must be condemned in the most categorical terms. Meanwhile, he welcomed the fact that, barely a month after the issuance of the Panels report, the Council was adopting a resolution that comprised more than three quarters of the experts recommendations. The text covered a vast arena, including the delivery of arms and fuel, trafficking in diamonds, financial resources, and curtailing the travel of UNITAs leaders.
Although those recommendations had been addressed first to Member States, they also called for the active cooperation of a variety of players in a variety of arenas, including private enterprises and professional organizations. That was particularly true for the provisions on the international diamond trade and the monitoring of financial resources and air transport. With their responsibility belonging first to the Member States, each would have to support that effort through will as well as means. In many instances, the means were missing. Therefore, the countries concerned, notably in Africa, would have to obtain the backing of the international community if they seriously wanted to ensure respect for the sanctions. In that regard, naming and shaming was not enough; tangible aid must be provided wherever needed.
The monitoring mechanism, and its report six months hence, would allow the Council to take stock of the work done by the Sanctions Committee. There again, the goal must be greater efficacy. For the noose really to tighten around Mr. Savimbi and UNITA, cooperation and information were needed from everyone. Only a united effort by the international community would make it possible to turn off the spigot of income sources and arms supply to UNITA. Since the experts report, several States had already announced steps towards offsetting the problems highlighted in the report. His delegation hailed those initiatives, some of which had already begun to bear fruit. Embargo violations must be brought to a halt, and the Sanctions Committee must be apprised, in real terms, of any fresh sanctions busting. That constructive united approach, built around the essential objective of the complete isolation of Jonas Savimbi and UNITA, seemed more productive than any repressive approach.
The imposition of new sanctions had not appeared to provide a real solution, he went on. Multiplying the number of pariah States would not return them to the straight and narrow path. The criteria for determining violator countries had been the subject of a variety of challenges. Todays resolution did not hold out any such prospect, and thus he welcomed it.
RICHARD HOLBROOKE (United States) commended the efforts of the Chairman of the Sanctions Committee on Angola, Mr. Fowler, and said that working with the United States Government on sanctions against UNITA had been fruitful. The UNITA sanctions-busting activities, aided by countries named in the report of the Panel of Experts, had allowed it to pursue military activities that had brought death to the Angolan people. The road was littered with UNITAs broken promises. The people of Angola had waited four years for peace, only to be deceived by UNITA. The United States was committed to the Lusaka Protocol. The issue of a free press was also of grave concern to his Government.
The resolution before the Council underscored the fact that UNITA was in violation of its promises and was unwilling to comply with the Lusaka Protocol. The noose was closing on UNITA. Its leader should pay attention to the suffering of the Angolan people. The United States had noted the call of the Angolan Government for elections. As long as those elections were carried out with appropriate monitoring, the United States would support them.
Maintaining the pressure of sanctions would continue to erode UNITAs military capability. Canadas efforts had contributed to this development. The United States continued to support Canadas efforts and would continue to work with the Council for a constructive outcome to the Angola situation.
MOCTAR OUANE (Mali) said that the resolution endorsed three quarters of the panel's recommendations and aimed to consolidate the work of the Sanctions Committee, as well as enhance the effectiveness of current sanctions concerning illegal arms supplies, the sale of petroleum and petroleum products, the diamond trade, a freeze on UNITA's assets and closing the operations of UNITA abroad. Through today's resolution, the Council was hereby strengthening the sanctions regime against UNITA, and demonstrating its resolve to make a positive and concrete contribution to the restoration of peace and security in Angola. Thus, his delegation would vote in favour of the draft.
He said his country deplored the 25-year conflict, for which Mr. Savimbi and UNITA were primarily responsible. The Angolan people had suffered too much. It was time for the international community and the Security Council to adopt strong measures and put an end to the conflict. The resolution would help to dry up UNITA's income source for the purchase of weapons, which it had achieved through illegal diamond trafficking and sale of petroleum products. The tireless efforts of Ambassador Fowler, in his capacity as Chairman of the Sanctions Committee, had contributed to a political settlement by limiting UNITA's capacity to wage war. The new monitoring mechanism would enable follow-up to the experts' recommendations. Only control of and pressure on Jonas Savimbi and his entourage would avoid a return to earlier practices. His country was solidly committed to helping the Angolans in their struggle, and he believed that the text to be adopted today would promote a more effective sanctions regime.
ADRIAAN KOOIJMANS (Netherlands) said he associated himself with the statement to be made later in the debate on behalf of the European Union. The Panel of Experts had concluded that the long-suffering people of Angola needed and deserved the support of the international community in the search to bring peace and political reconciliation to that country. Rendering that support was in essence what the Council was doing today by tightening the noose around UNITAs capacity to defy the international community and bring further misery to the Angolan people. The resolution the Council was adopting today entailed two steps that should curtail future infringements upon the UNITA sanctions regime.
First, he went on, the resolution put in place a new monitoring mechanism. This could be an effective instrument in the hands of the Council and the Sanctions Committee in overseeing implementation of the relevant Security Council resolutions -- as long as it was allowed to collect, analyse and submit information independently. Second, the resolution sets a deadline for the Council to consider action with regard to those States in violation of the sanctions regime. Even before the adoption of the resolution, there had already been some remedial effects of the Panels report. The new monitoring mechanism would pick up where the Panel stopped and build upon the information that it had collected so far.
He reiterated that the monitoring mechanisms independent operation was essential for its future effectiveness. He said he looked forward to the mechanisms report six months from now. The ultimate goal in tightening sanctions was not simply to punish UNITA, but to reduce its capacity to wage war and prevent a peaceful solution to Angolas bloody conflict. The UNITA had deliberately abandoned the road to peace as mapped out by the Lusaka Accord, leaving the Angolan Government no option but to seize the initiative militarily. The resolution before the Council was meant to create a situation in which military offensives would no longer be needed to achieve peace. The fact that the Council held UNITA responsible for the present situation of conflict and humanitarian misery, however, did not diminish the Governments responsibility to make its own substantial contribution to the well-being of its people.
ARNOLDO LISTRE (Argentina) said his country believed that the report of the Panel of Experts had achieved a more considerable impact than any other single event in the Councils past experience. The resolution before the Council would make sanctions against UNITA stronger. It contained a series of new elements, including the proposed monitoring mechanism. The Council could now take a fresh look at what had been done about earlier sanctions resolutions against UNITA.
In the draft resolution before it, the Council said that it was ready to take action against States that violated the sanctions. Argentina was satisfied to see in the panel report recommendations on natural resources, as those were driving the war in Angola.
Referring to the section of the resolution on the arms trade, he noted that all countries were called upon to reveal who the end users were. The resolutions provisions on the diamond trade, he added, urged imposition of significant criminal sanctions against illegal possession of diamonds. Argentina welcomed the Angolan Governments action on certificates of origin for diamonds.
He hoped the resolution would lead to better use of Angolas national resources, for the benefit of its people and not for the fueling of the conflict.
QIN HUASUN (China) said the quest for peace in Angola had dragged on for a long time. The twists and turns of the peace process and the grave security and humanitarian situation had seriously affected regional peace and security. Having refused to implement the Lusaka peace agreement, UNITA should bear the main responsibility for the present situation. After initiating an arms and petroleum embargo, the Council had adopted a number of resolutions to expand relevant measures concerning, among other things, travel, finance, and the diamond trade. Unfortunately, those had not been effectively implemented. To date, UNITA had not yet laid down its weapons or embarked on the path of national reconciliation.
He said that Ambassador Fowler had made unremitting efforts to facilitate implementation of the sanctions by the international community, and the expert panel had contributed a series of further recommendations aimed at strengthening the current sanctions regime. Nonetheless, much remained to be done. After the expiration of the expert panel's mandate, the international community would still need to closely monitor embargo violations. His country supported the Council's establishment of a new monitor mechanism for that purpose. Hopefully, the Secretary-General would be able to appoint experts at an early date, and would call upon all countries to provide their full support and cooperation. He supported the Council's endorsement of the panel's recommendations, and hoped the resolution to be adopted today would truly be implemented. Several of the recommendations had involved the SADC, without whose cooperation many proposals would be impossible to implement, and the sanctions against UNITA would remain empty talk.
Although the SADC efforts had been commendable, its member countries faced concrete difficulties, he said. The international community must, therefore, continue to provide the SADC with the necessary assistance in the enforcement of sanctions. All countries should strictly abide by the Council's resolution, and cease their support of and supply of weapons to UNITA, as well as adopt measures to prevent their own citizens from violating the sanctions. Six months hence, at the Council's next review of the implementation of sanctions, real and effective results would be evident.
HASMY AGAM (Malaysia) said the report of the Expert Panel was bold and candid, and had the courage to name people, commercial companies and governments on the basis of its investigations. All those named should have the right to respond to the allegations and to clarify their own roles in the alleged sanctions-busting activities. If those clarifications were not plausible and could not be borne out by facts, the international community and the Council would doubtless draw their own conclusions and take appropriate action.
What was needed was a new will and determination on the part of the international community and the Council to enforce the sanctions regime more vigorously, and for the countries and companies concerned to cooperate fully and more effectively in stopping breaches of sanctions. They would include making those responsible accountable for their transgressions under international law.
Malaysia welcomed the decision of the Angolan Government to embark upon a wholesale effort to revamp and restructure virtually all aspects of diamond mining and diamond trading in the country. It also recognized the steps being taken by the Angolan Government to enhance enforcement of the sanctions, including the introduction of new standardized certificates of origin for diamonds, which would be harder to forge and easier to verify and keep track of. Malaysia believed that the responsible governments and industry authorities should be invited to work with the Sanctions Committee to devise practical measures to limit and ultimately halt UNITAs access to legitimate diamond markets.
Although it was possible that UNITA had enough wealth and resources to keep going for years, Malaysia was convinced that the options for action contained in the report on the subject were implementable. It shared the assertion that there was a clear link among all crises in Africa. Given the undeniable linkages, it clearly underlined the need for the Council to deal with all crises in the region in a comprehensive manner.
Malaysia was concerned at the continuing acts of sanctions breaking vis-à-vis UNITA. They constituted a very serious challenge to the Councils collective authority. Malaysia urged Member States to respect fully existing Council resolutions on sanctions against UNITA. The Council should work more vigorously to put teeth in the implementation of the sanctions regime.
MARTIN ANDJABA (Namibia) said that the SADC, the Organization of African Unity (OAU), and the Non-Aligned Movement of countries, plus China, continued to play an important role in supporting the implementation of the Council's resolutions against UNITA. Those organizations had expressed their concern at the deteriorating humanitarian situation resulting from UNITA's refusal to comply with its obligations under the Lusaka Protocol. Furthermore, they had declared Mr. Savimbi a war criminal. Namibia particularly welcomed the pronouncements made by the Thirteenth Foreign Ministerial Meeting of the Non-Aligned Countries, held in Colombia. The Council, for its part, must heed the call made by the Foreign Ministers.
The Council was about to vote on another historic resolution, he said. If implemented, it would help to bring peace to Angola and the region as a whole. The establishment of a monitoring mechanism was an important aspect of the text. Hopefully, it would receive appropriate support from Member States and the Secretariat to enable it to accomplish the task ahead. Adequate technical support and financial resources were also necessary. The Council must stand ready to take appropriate measures against those in violation of the sanctions by 18 November, as stipulated in the draft. It would be unjust and unfair to the Angolan people for the text to become "just another resolution". Applying appropriate pressure against States, corporations and individuals in violation of the relevant resolutions would send a clear message that "the Council means business".
He welcomed the steps announced by the Belgian Government in support of more effective implementation of measures against UNITA, as well as the measures taken by the Diamond High Council, in conjunction with the Angolan Government. He also took note of decisions made by some governments within and outside Africa to bring justice to their national "sanctions busters". Another critical issue of concern was the use of mercenaries by UNITA. Their impact had been significant in sustaining the military war machinery of the rebel movement. States must do their utmost to discourage their citizens from serving in UNITA's ranks at any level. He supported the issuance of arrest warrants for individuals who were playing key role in circumventing Council resolutions against UNITA. Also, the assistance of the international community to the SADC was vital for strengthening the sanctions regime.
M. PATRICIA DURRANT (Jamaica) said her country fully endorsed the resolution, as it believed that it was important that a strong message be sent that breaches of the Councils sanctions would not go unpunished. Already the work of the Panel of Experts had borne fruit, as governments and others had begun to focus on what they could do to improve the enforcement of sanctions and to curtail existing violations.
She said those who aided and abetted UNITA in violating sanctions were equally as guilty as UNITA of the humanitarian tragedy in Angola. By its action today, the Security Council clearly indicated that the international community strongly repudiated the actions of UNITA leader Jonas Savimbi, and was determined to cut off his sources of finance and arms.
The measures in the resolution -- concerning the trade in arms; in petroleum and petroleum products; in diamonds; and with regard to travel, representation and financial measures -- could be implemented only if all Member States adhered to its terms. The monitoring mechanism was innovative and could provide an example for other sanctions regimes.
Jamaica commended the SADC countries and those geographically close to Angola for the steps they had already taken to tighten the sanctions. Twenty-five years had gone by since the fighting began. A whole generation of Angolans had not known life without war. The international community owed it to them to seek to ensure that the riches of their country were used for the economic and social development of Angola, and not to perpetuate conflict.
The meeting was suspended at 1:45 p.m. When it resumed, at 3:17 p.m., SAID BEN MUSTAPHA (Tunisia) said the sanctions had weakened the military ability of Jonas Savimbi. Both the Sanctions Committee and the expert panel had made commendable rigorous efforts to follow up implementation of the sanctions regime. Their tenacity had enabled the conveyance of a clear message that UNITA could not indefinitely continue to threaten peace and stability in Angola and throughout the subregion. Irrefutable evidence was required to fully tackle the problem of non-compliance, but the report deserved special attention and serious study. The official reaction of the Council and the follow-up publication of the report, as well as the measures already undertaken by some countries, had demonstrated a serious approach to the question in Africa and elsewhere. All of that would shed light on violations by UNITA and help the monitoring mechanism carry out its future tasks. The six-month period provided for in the resolution would provide the Council with a better grasp of the issues.
F.A. SHAMIM AHMED (Bangladesh) said there was no doubt that the sanctions had not been working, and the Panel of Experts in their report had pointed out why. It was for the Council to decide how best it could deal with the recommendations of the report in order to make the sanctions more effective. Bangladesh agreed to the need for a mechanism which should also look at the working methods of the panel.
Angola, with great potential to develop, was currently rated the most horrific place on earth for a child. The UNITA bore the primary responsibility for that. There was no military solution for the problem: a political dialogue must be started between the concerned parties.
Bangladesh welcomed the decisions by some of the countries cited in the panels report to set up commissions of inquiry and other mechanisms to investigate the allegations. Others should follow their example, he said.
The draft resolution covered most of the panels recommendations relating to arms, diamonds, financial assets and travel restrictions. Its recommendations were far-reaching and bold. All concerned should do their part in putting in place appropriate mechanisms to observe the sanctions measures. He urged all parties to cooperate in developing more effective mechanisms to ensure observance of the measures imposed.
He hoped the draft resolution before the Council would go a long way in ensuring that sanctions were respected and that their purpose -- the greater goal of achieving peace and stability in Angola - was achieved.
VOLODYMYR YELCHENKO (Ukraine) said the report of the Panel of Experts had contributed tremendously to measures embodied in the draft resolution being taken more seriously and implemented in a more responsible manner. The decision the Council was about to adopt would produce much more far-reaching results. By deciding to establish a monitoring mechanism to collect information and investigate allegations of violations of the measures against UNITA, the Council was taking a bold step towards strengthening its own capacities in relation to the Angolan sanctions regime, as well as to its overall sanctions policy.
It was from that standpoint, he said, that his delegation attached particular importance to the close connection between the monitoring mechanism and the Sanctions Committee on Angola. It was also from that perspective that his delegation acknowledged a correlative character between todays Council meeting and yesterdays important discussion of sanctions in general.
Another specific element of the draft resolution that his delegation would like to emphasize was its very clear forewarning of inevitable repercussions on States proved to have violated the measures imposed on UNITA. Relevant provisions in the draft provided strong evidence of the Councils determination to end the culture of impunity with regard to the sanctions regime.
LLOYD AXWORTHY, Minister for Foreign Affairs of Canada, said that the endless and utterly senseless civil conflict in Angola had only one enduring certainty: civilians desperately needed protection. Previous speakers had made plain the dimensions of the threats faced by ordinary Angolans. Angola was a place where 1 million souls had perished in the violence; where complete humanitarian collapse never loomed far, with people barely surviving from day to day; where for rural dwellers it was literally too dangerous to step foot out of the house for fear of landmines; where children were in greater peril than anywhere else on earth; where one in three people had been uprooted from their homes; and where, quite simply, no one had escaped undamaged by war. Angola was a very rich land that was very poor in human security. Indeed, its tragedy lay in its very riches -- mineral and petroleum wealth -- which had been so cruelly exploited to increase, rather than diminish, the suffering of the Angolan people.
The renewed violence that had thwarted the prospects for peace might not have occurred if UNITA had not been able to misdirect earnings from those natural resources in pursuit of violence. To its considerable credit, the United Nations had been engaged from the outset in efforts to resolve the Angolan war and establish peace. Yet there had been little return on its enormous investment. Lasting peace remained elusive, but there was no alternative but to persevere. Yesterday, the Council had agreed to improve the use of sanctions as an instrument to pursue peace and advance human security. Today, it would translate that commitment into action for Angolans.
Giving real meaning to the sanctions regime against UNITA was a way forward. Denying UNITA the means to wage war would help promote peace. That was the objective when the measures were first adopted several years ago, but non-adherence to the relevant decisions of the Council -- deliberate or otherwise -- had been the rule rather than the exception. The Council took an unprecedented step to reverse that trend a year ago, when it approved the creation of the independent Panel of Experts to collect specific information on compliance and non-compliance with the provisions of the sanctions regime, and to provide it with recommendations on how to make the sanctions work.
Both the Panel and the Chairman of the Sanctions Committee had done with work; we must now do ours, he said. The draft resolution before the Council would operationalize many of the panels recommendations through specific action aimed at stopping the illicit trade in diamonds, petroleum and arms, while reinforcing financial and other restrictions on rebel leaders. His country would do its part to ensure that those measures were enforced. It would provide $100,000 to assist the independent monitoring mechanisms provided for in the resolution to prepare their report on whether to impose additional restrictions on parties found to be in violation of the present sanctions.
Neighbouring countries had a greater responsibility in implementing the sanctions regime, but it was not a burden they could, or should, be expected to shoulder along. Towards that end, his country was ready to provide technical and financial assistance to the SADC countries to improve the effectiveness of their efforts. His country was also prepared to sponsor the conference of experts in the diamond trade, as called for in the draft resolution. That would help devise a system of controls that would allow for increased transparency and accountability in the flow of diamonds. Those new measures would work only if the sanctions regime itself was linked to a wider process of negotiation and to the full respect for human rights by all sides.
Both UNITA and the Angolan Government must demonstrate leadership and negotiate and fully implement an agreement based on the Lusaka accord, he said. After 30 years of civil conflict, the Angolan people deserved no less than lasting peace and stability. Hopefully, the Sanctions Committees work would contribute to that goal. The panels work underscored the complexity of imposing and enforcing targeted sanctions, and proposed practical ways of doing so. Without question, those sanctions required the commitment of considerable will and resources, yet there was resistance in some quarters to making them work. If successful, however, those measures could serve as a template for focused action against belligerents in other conflict situations.
He said that the panels efforts had also highlighted the reality and impact of the new war economies -- the nexus between parties to armed violence, the exploitation of people and resources, and the commercial interests that profited from it. In a growing number of conflicts, economic agendas coexisted with political and military goals in perpetuating violence and the victimization of a whole people. Addressing the implications of that situation merited further reflection, and involved the development of created responses by the Council. The panels findings underlined that, while the Councils decisions reflected the will of the international community, implementation depended on the action of individual members.
JOAO BERNARDO DE MIRANDA, Foreign Minister of Angola, said that seven years of the application of sanctions against UNITA had not brought peace to his country. It was imperative that the Security Council demonstrate realism by activating the mechanism that would ensure that all States complied with earlier Council resolutions against UNITA. All States must adhere to those sanctions in order to deprive UNITA's leader Jonas Savimbi of support. Those actions must include prohibition of the use of the territory of other States for propaganda purposes.
He also appealed to regional bodies, including the Organization of African Unity (OAU) to implement the recommendations of the Panel of Experts as the SADC countries had already done. He said the OAU must also make the report of the experts a reference point for action.
Reiterating his Governments support for the Chairman of the Sanctions Committee on Angola, Robert Fowler of Canada, he appealed to the Security Council, United Nations Secretariat and Member States to continue to provide support to the panel for the conclusion of its work.
YOUSSOUF OUEDRAGO, Minister for Foreign Affairs of Burkina Faso, said that the agony and martyrdom of the Angolan people had lasted more than 25 years -- from the fight for decolonization to the power struggles against a backdrop of the calculations implicit in the cold war. Indeed, his Angolan brothers and sisters had had no time to breathe. They had experienced every form of suffering and pain. Under such conditions, the Councils involvement in seeking a peace was imperative. The creation of a group of experts entrusted with examining sanctions violations had been part of that requirement. It was in those terms that his own Government had supported all such efforts. Its aim today was not to downgrade the panels report but only to highlight its shortcomings in order to better serve the cause of peace through a rigorous, precise, impartial, transparent, reliable and fair investigation.
He said he had not wished to reopen the debate of 15 March, when his delegation had made its position public; he only wished to reaffirm his countrys support for the measures decided by the Council against UNITA. At the same time, he repudiated and rejected the experts conclusions naming the President of Burkina Faso and implicating his country in violations of the sanctions against UNITA. In a spirit of straightforward cooperation with the United Nations on this matter, his Government had decided to set up, as of 22 March, an inter-ministerial committee entrusted with following up sanctions against UNITA. The committee would comprise experts from such relevant fields as foreign affairs, defence, territorial administration, security, economic affairs, finance, trade, transport and tourism, justice and communication. Its mission was clear: it must see to the strict implementation of the sanctions, and, in particular, see to it that all necessary measures were taken by the Government departments concerned.
The committee would remain in contact with the United Nations Sanctions Committee, he went on. It would also carry out investigations at the national level to determine the validity of evidence provided by the Sanctions Committee. If necessary, it would report both to his Government and to the Sanctions Committee. His Government had also instructed the security services to strengthen existing measures, particularly those prohibiting the entry into Burkina Faso of any person targeted by the relevant Security Council resolutions. The committee had already begun to tackle its work; it had prepared a memorandum for presentation to the Sanctions Committee tomorrow. All of those decisions reflected his Governments determination to demonstrate, once again, its resolve to unreservedly support the efforts undertaken by the OAU, the United Nations and the international community to effectively implement the Lusaka Peace Agreement and the relevant Council resolutions.
He said he favoured the Councils proposal to create a monitoring mechanism to pursue investigations and look into allegations of sanctions busting in Angola, provided that the group of experts worked in an atmosphere of transparency and fairness. On that condition, his country was ready to cooperate with the group. Without indulging in hypocrisy or subterfuge, his Government was convinced that the only way of achieving a durable peace in Angola was through a political solution. The Council should continue to follow the matter closely.
ANTONIO MONTEIRO (Portugal), speaking on behalf of the European Union and its associated States, said it was most appropriate that the Council was now taking further decisive action on the question of sanctions against UNITA, following the report of the Panel of Experts from the Sanctions Committee. Sanctions had exerted a relevant impact on the situation on the ground in Angola, as they had prevented UNITAs leaders from travelling abroad freely and had made the procurement of weapons and supplies more difficult and expensive.
However, there had been a number of significant violations of the sanctions regime imposed on UNITA, as the report of the Panel of Experts made clear. The international community must ensure full and effective implementation of the sanctions regime to prevent UNITA from pursuing the military option. The European Union welcomed the provisions of the draft resolution to be adopted today by the Council.
The European Union remained deeply committed to a peaceful and political solution to the conflict in Angola, and would continue to make every effort to achieve that objective. The suffering of the people of Angola must be ended as soon as possible. The transformation of UNITA into a genuine political party, and its acceptance of the provisions of the Lusaka Protocol, would go a long way to ensuring that objective. There could be only one administration in Angola, and that was the Government of National Unity and Reconciliation. There could be only one army in Angola, and that was the national army.
For its part, the Government of Angola must continue to make all efforts to create the conditions for a smooth extension of the State administration to the areas previously controlled by UNITA, combined with respect for the principles of democracy, good governance, human rights and human dignity. The European Union believed that the United Nations had an important role to play in assisting the Angolan Government to attain those goals.
He said that the adoption of the draft resolution would be a concrete sign of the international communitys commitment to peace in Angola. The European Union attached great importance to the social and economic development of the whole of the southern Africa subregion. For that to be a reality, peace and stability in Angola were indispensable, and all must continue to strive to attain that elusive goal.
ANDRE ADAM (Belgium) said his country unreservedly supported the aims of the Sanctions Committee, and believed that the report of the panel of experts constituted a significant step in the search for solutions to the sanctions question. The panels report was innovative, and expressive of the will to tackle the real causes for the violation of the sanctions. The international community thus had the right to expect that the panels recommendations would result in a genuine improvement in the sanctions implementation. His country had undertaken numerous measures aimed at ensuring the application of Council sanctions; unfortunately, those were not mentioned in the panels report.
He said his Government had formed an interdepartmental working group to improve procedures for ascertaining the provenance of diamonds entering Belgium. That task force had led to a reinforcement of customs controls and the start of judicial inquiries against people suspected of illegal diamond trafficking. Belgium was the only European Union country with a licensing system for the import and export of diamonds. Besides the customs controls, a second, physical inspection of all imports and exports was carried out by sworn experts. His country was also considering the adoption of a law on the principle of extraterritoriality for crimes in the diamond sector. Despite the complexity of verifying the provenance and origin of diamonds, he was convinced that effective procedures to control the diamond trade could be developed. His country was the only country to have compiled detailed statistics, which made it possible to identify tendencies. That data was at the disposal of all interested parties.
Taking into account the recommendations made by the President of the Sanctions Committee, the Diamond High Council of Antwerp had taken steps to lead to a better application of the sanctions, including the formation of Task Force Angola. Together with the Angolan authorities, it had set up a system of more reliable certificates of origin. It was also engaged in re-examining its procedures. Another working group, composed of Belgian Government representatives and the Diamond High Council, was created to devise a programme of similar measures. The group met for the first time in September 1999. The Diamond High Council also signed an agreement with the relevant judicial authorities in order to centralize information relating to criminal activities. The Sanctions Committee would be informed of the results of ongoing
VLADIMIR SOTIROV (Bulgaria) said his Government had had the opportunity to express its comments and observations, particularly on parts of the report of the panel pertaining to Bulgaria. He recalled the serious doubts raised not only by Bulgaria but by a number of delegations, including Security Council members, about the working methods and credibility of sources used by the panel, as well as its objectivity and ability to substantiate its findings by concrete evidence.
Bulgaria was not satisfied by the explanation, given in response to its written request, that the panels report was a self-contained document. It believed that only an impartial and balanced approach, underlying a set of constructive measures could contribute to putting an end to the violations of United Nations sanctions, including those against UNITA.
Despite its reservations and its rejection of the unsubstantiated accusations against Bulgaria, he said his Government had given serious consideration to the panels report. A governmental Commission had been promptly established to investigate all circumstances related to possible involvement of Bulgarian institutions and individuals in activities that might constitute violations of the Security Council sanctions against UNITA. A number of preliminary results of its ongoing investigation had been made available, and duly communicated to Council members to facilitate their work.
Bulgaria was ready to cooperate fully with the proposed monitoring mechanism. It hoped lessons learned from the former panels report would be taken into account in the activities of the new group. The composition of the monitoring mechanism should reflect the principles of objectivity, impartiality and non-selectivity essential for the panels work. Countries referred to in the report should be represented in the new body, he said. .
CARLOS DOS SANTOS (Mozambique) said that the panel, on the basis of available information and evidence, had clearly identified how and who was violating the sanctions against UNITA and prolonging the suffering of the Angolan people. The recommendations contained in the report represented well conceived strategies to make the Councils sanctions more effective, thereby forcing UNITA to abide by its commitments under the 1994 Lusaka Protocol. The recommendations also provided for measures against those supporting UNITA, in flagrant violation of the Councils sanctions. Indeed, the report clearly stated that, in order to add credibility and seriousness to those sanctions, appropriate measures must be taken against those who were violating them. Among strategies proposed were stricter control of the flow of illicit arms and petroleum products to UNITA-controlled areas, and revocation of the registration of individuals or companies found to be breaking sanctions relating to the diamond trade.
He said that the establishment of national commissions or mechanisms to investigate allegations of sanctions violations was encouraging. Any delay in that process could mean another life lost in Angola. The report also highlighted the role of SADC countries, which indeed supported all measures aimed at strengthening the sanctions regime. All pledges of support for that goal were welcome. Humanitarian assistance was also needed for Angolans who had fallen victim to the senseless war imposed by Jonas Savimbi.
The credibility of the Security Council was at stake, he said, as it had taken a bold decision that represented a real shift in the way it enforced its decisions and conducted its business. There was a real opportunity for the Council to make significant progress and reassert its authority as the guarantor of international peace and security. A resolution commensurate with the task at hand would do justice to the excellent work done by Ambassador Fowler and the Panel of Experts. That was the least the Council could do for the Angolan people, whose Government had already given proof of its commitment and flexibility.
MICHAEL JOHN POWLES (New Zealand) said the panel had done a tremendous job for the people of Angola. But it should not be forgotten that many Angolans had died, and that the perpetrators of the shooting down of two United Nations chartered planes had yet to be brought to justice.
Member States must comply with the previous three Council resolutions against UNITA. New Zealand endorsed the measures embodied in the new draft resolution before the Council. The Council must act when breaches of sanctions were brought to its attention, he said.
DAUDI N. MWAKAWAGO (United Republic of Tanzania) commended the work of the Sanctions Committee and the expert panel for its report on sanctions violations. He could not underestimate the boldness required to produce such a compelling report. The recent implementation of sanctions overall was a mixed account of successes and failures; the sanctions against UNITA had been allowed to fall into the latter category. The failures appeared so pervasive that only a comprehensive re-examination of the Councils sanctions procedures would do. He therefore welcomed the Councils decision of yesterday to establish, on a temporary basis, an informal working group to develop recommendations on how to improve the effectiveness of United Nations sanctions. In the case of Angola, the sanctions' success also depended on how well the Council dealt with the violations identified by the expert panel.
The sanctions against UNITA had been imposed as a tool to end the suffering of the Angolan people, he noted. Yet those who had been proven to have aided and abetted UNITA had severely undermined the sanctions regime. The Angolans had suffered enormously, but it might not be too late to reassess what could now be done to bring their torment to an end. The panel should focus its attention on strengthening the framework in which the sanctions had been imposed. The panel had made useful recommendations which, if acted upon promptly, would "bring Savimbis roof tumbling down". At the same time, the ability of countries to contribute to implementation of the sanctions was severely restrained. Support for the SADC countries was essential.
He said he also supported the establishment of a monitoring mechanism to examine the serious allegations in the panel's report. Some might wish to avoid the political consequences of such an outcome -- and indeed the report had raised serious questions about the conduct of certain political leaders -- but the gravity of such charges could only be lightened by the fairness of the process. The chips must be allowed to fall where they may; those culpable must bear the responsibility. The report's candour had enhanced the knowledge base needed to develop a more systematic approach to the sanctions question.
DENIS DANGUE REWAKA (Gabon) recalled the unremitting efforts made by his G Government to bring about peace and national reconciliation in Angola. However, in the report of the Panel of Experts mention was made of violations of sanctions concerning arms and equipment, diamonds, and financial assets of UNITA, among others.
He recalled also that the panel had alleged that Gabon had delivered 150,000 litres of fuel to UNITA. It had further alleged that aircraft originating from UNITA-controlled zones regularly refuelled in Libreville, Gabon, before returning to Eastern Europe. Gabon had also allegedly played host to an unofficial UNITA mission in Libreville.
Following that report, he said he had on his Government's instructions written to the President of the Council's Sanctions Committee on Angola, asking for confirmation of the exact dates and serial numbers of the planes in question. The letter had also asked how his country could have delivered those fuels given that it did not have the capacity to do so.
He said that regrettably, the panel had not only been unable to back up its allegations with proof, but had not even replied to the letter. Gabon, however, had nothing to be ashamed of. Nevertheless, it had proceeded to undertake preliminary investigations with the help of the Angolan Embassy in Libreville. Those initial investigations had not revealed anything concrete.
In the meantime, his Government had transmitted a detailed report to the Security Council on the matter, he said.
GELSON FONSECA (Brazil) said that UNITA's responsibility for the frustration of the peace process was clear and indisputable. Today, upon a resumption of the consideration of sanctions against UNITA, the circumstances were much more hopeful. The Angolan Government had mustered forces and broken UNITA's capacity to wage conventional warfare, and the Security Council and the United Nations had re-established their working links with Luanda. The resolution about to be adopted would strengthen the United Nations presence and provide further hope for peace. It should create an additional legal basis for outlawing any support for Mr. Savimbi's force, and send a clear signal that he was no longer an acceptable interlocutor in the peace process. Of great importance was the creation of a monitoring mechanism.
The panel's report, he said, had detailed the procedures used by UNITA to finance its activities, purchase weapons and involve third parties to avoid compliance with the obligations it undertook with the Peace Accords and the Lusaka Protocol. His country had always favoured the peaceful settlement of conflicts and would continue to do so in Angola, but a clear message must be sent to Mr. Savimbi and his supporters. The most difficult task lay ahead, namely rebuilding the country and providing millions of destitute citizens with a minimum of well-being and the freedom to exercise their human rights. Following general elections late in 2001, the next step would be to devise measures to complete the construction of a fully democratic State. The United Nations Office in Angola (UNOA) had an important role to play in that regard. Hopefully, it would soon be fully operational. Such developments would only be possible if sanctions were enforced and the disarmament and demobilization of UNITA completed.
INOCENCIO F. ARIAS (Spain) said the panel's report constituted a qualitative step forward and would serve as an indispensable tool for building peace in Angola. He was convinced that all Member States must cooperate in implementing the sanctions, and must remain vigilant in that task. At the same time, the Council must be in a position to respond appropriately to any sanctions busting.
ROLAND Y. KPOTSRA (Togo) recalled his Governments rejection of the allegations made in the report of the expert panel when it was introduced in the Council last month. He recalled also that the report had been released to the press without being shown to those about whom allegations had been made. He reiterated his Governments rejection of the allegations made by the panel. The experts, he said, had shown lack of professionalism.
He told the Council that a high level inter-ministerial body, set up to study the allegations against his country, had produced a report which he presented to the Security Council yesterday. The panels allegations had to be supported by facts, he said, and he reaffirmed his Governments willingness to cooperate fully with the Sanctions Committee on Angola.
His delegation was gratified about the Councils plan to set up a monitoring mechanism of five experts mentioned in the draft resolution. It hoped that the new panel would take into account the views of his Government on the allegations made in the report of the panel of experts.
He reaffirmed the respect of the Government of Togo for Security Council resolutions, particularly those imposing sanctions on UNITA. He stressed his Governments determination to cast all possible light on the allegations contained in the expert panels report, and also more generally to enhance the effectiveness of the sanctions.
His Government envisaged putting in place, as soon as possible, a body charged with following up and verifying a strict application of the Councils various resolutions imposing sanctions against UNITA. It had already decided to invite United Nations experts to go to Togo, noting that a previous visit had not permitted the establishment of dialogue.
TICHAONA JOSEPH B. JOKONYA (Zimbabwe) said the panel's report correctly identified greed and not grievance as the rationale for UNITA's declared war on the Government and people of Angola. The report also highlighted the economic pursuits of UNITA, Rwanda, Uganda, and other entities as the moving force in Angola's senseless civil war. According to the perverse logic of those belligerents, it made "economic sense" for UNITA to plunge Angola into a civil war that had spun out for some 25 years. Similarly, the pursuit of legitimate security concerns was a rationale for Rwanda and Uganda to invade the Democratic Republic of the Congo. Both Angola and the Democratic Republic of the Congo were the victims of armed violence because of the abundance of "lootable resources".
Continuing, he said that the export of such products as coffee, timber, gold and diamonds had benefited UNITA and its allies in the Great Lakes region. Moreover, since primary commodities were generic products rather than brand names, their origin could easily be concealed. The experts' report had identified both the economic agendas and the beneficiaries in the armed conflicts in Central Africa. His delegation called on the Council to immediately raise the cost of pursuing such agendas through warfare. The UNITA's relatively risk-free looting of Angola's resources had encouraged Rwanda and Uganda to carve out their own "El Dorado" in the eastern Democratic Republic of the Congo. Since August 1998, pillage of the countrys natural resources had been the major preoccupation of the Rwandese and Ugandan occupation forces in the eastern region.
Although he unreservedly embraced the measures recommended for the SADC region in the present draft resolution, he felt that as long as Rwanda continued to occupy Congolese territory, UNITA would have a lifeline for the much needed arms/diamonds trade. It could also be anticipated that, as soon as sanctions begin to take effect, UNITA would expect Rwanda to come to its rescue in its hour of need. Having established that Kigali was fast becoming a nerve centre for UNITA's external operations, it was only fair to surmise that the Kigali- eastern Congo arms smuggling route offered possibilities for UNITA. Successful implementation of the Council's sanctions against UNITA depended on the capacity and commitment of Member States to deny UNITA the use of the subregion's land routes, airports and air space. Sharing among Member States of both strategic and tactical information was an effective method of reducing UNITA's war-making capacity.
He said that while the SADC was ready to implement the present text, it appealed to the international community to make available requisite resources, including communication and monitoring equipment, so that it could resuscitate the infrastructure established three years ago. Meanwhile, the ostrich policy of burying one's head under the sand and pretending that there was no storm reflected the destructive bravado of the defenders of evil. Moral imperatives dictated that the Council must now act decisively to pass the resolution under consideration. Any passivity in the face of what had become an onslaught on humanity would be a terrible indictment of the United Nations, and in particular of the Council.
JOSEPH W. MUTABOBA (Rwanda) said his country had been concerned for a long time about the situation in Angola, and the Councils decisive action under Canadas leadership looked more focused than it had been hitherto. His delegation commended the Council and Canada for that change for the better.
He said his Government had lost not a minute in following up on the allegations made against the country and its President, including those repeated before the Council by the representative of Zimbabwe. As stated in the Governments comments on the allegations on 29 March, Rwanda's authorities and specialized services had thoroughly investigated the allegations. They had concluded that Rwandas statements were still valid and that the allegations were false, especially those made by the Zimbabwe representative.
That was why, in the spirit of the new draft resolution, his delegation wished to suggest that further investigations be held and that an updated report be issued in due course. He noted that todays draft resolution referred to recent findings and input from States mentioned in the panels report, while calling on more of them to provide further information and comments. His delegation would like to see the members of the monitoring mechanism more independent, more representative and professionally trustworthy than the previous team. He reiterated his countrys commitment to collaborate with the Security Council and Angola in finding lasting solutions to the problem of reinforcing sanctions.
The Council then proceeded to a vote on the draft resolution, which was adopted unanimously as resolution 1295 (2000).
The full text of the resolution is as follows:
The Security Council,
Reaffirming its resolution 864 (1993) of 15 September 1993 and all subsequent relevant resolutions, in particular resolutions 1127 (1997) of 28 August 1997, 1173 (1998) of 12 June 1998 and 1237 (1999) of 7 May 1999,
Reaffirming also its commitment to preserve the sovereignty and territorial integrity of Angola,
Expressing its alarm at the impact of the continuing civil war on the civilian population of Angola,
Reiterating that the primary cause of the present crisis in Angola is the refusal of the União Nacional Para a Independência Total de Angola (UNITA), under the leadership of Mr. Jonas Savimbi, to comply with its obligations under the Accordos de Paz (S/22609, annex), the Lusaka Protocol (S/1994/1441, annex) and relevant Security Council resolutions, and reiterating also its demand that UNITA comply immediately and without condition with those obligations, in particular the complete demilitarization of its forces and full cooperation in the immediate and unconditional extension of State administration throughout the territory of Angola,
Noting that the measures against UNITA are intended to promote a political settlement to the conflict in Angola by requiring UNITA to comply with the obligations which it undertook under the Accordos de Paz and the Lusaka Protocol and by curtailing the ability of UNITA to pursue its objectives by military means,
Emphasizing its concern at violations of the measures concerning arms and related matériel, petroleum and petroleum products, diamonds, funds and financial assets and travel and representation, imposed against UNITA, contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998),
Recalling the provisions of resolution 864 (1993), and expressing its concern at the reports of supply to UNITA of military assistance, including weapons-related training and advice, and at the presence of foreign mercenaries,
Expressing its appreciation and strong support for the efforts of the Chairman of the Committee established pursuant to resolution 864 (1993) aimed at improving the effectiveness of the measures imposed against UNITA,
Noting with appreciation the decisions taken by the Organization of African Unity (OAU) and the Southern African Development Community (SADC) in support of the implementation of the measures imposed against UNITA,
Recalling the Final Communiqué of the meeting of Ministers of Foreign Affairs and Heads of Delegation of Non-Aligned Countries held in New York on 23 September 1999, and noting the Final Document adopted by the XIII Ministerial Conference of the Movement of Non-Aligned Countries held at Cartagena, Colombia, from 7-9 April 2000 in support of the implementation of the measures imposed against UNITA,
Determining that the situation in Angola 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 Member States to comply fully with the measures imposed against UNITA contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998), and emphasizes that non-compliance with those measures constitutes a violation of the provisions of the Charter of the United Nations;
2. Welcomes the report of the Panel of Experts established pursuant to resolution 1237 (1999) (S/2000/203), and notes the conclusions and recommendations contained therein;
3. Requests the Secretary-General to establish a monitoring mechanism composed of up to five experts, for a period of six months from its effective entry into operation, to collect additional relevant information and investigate relevant leads relating to any allegations of violations of the measures contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998), including any relevant leads initiated by the Panel of Experts, including through visits to relevant countries, and to report periodically to the Committee, including providing a written report by 18 October 2000, with a view to improving the implementation of the measures imposed against UNITA, and further requests the Secretary-General, within 30 days of adoption of this resolution and acting in consultation with the Committee, to appoint experts to serve on the monitoring mechanism;
4. Calls upon all States to cooperate with the monitoring mechanism in the discharge of its mandate;
5. Expresses its intention to review the situation regarding the implementation of the measures contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998) on the basis of information provided, inter alia, by the Panel of Experts, by States, including in particular any that are mentioned in the report of the Panel of Experts, and by the monitoring mechanism established by this resolution, expresses also its readiness, on the basis of the results of this review, to consider appropriate action in accordance with the Charter of the United Nations in relation to States it determines to have violated the measures contained in those resolutions, and establishes 18 November 2000 as the deadline for an initial decision in this regard;
6. Further undertakes to consider, by 18 November 2000, the application of additional measures against UNITA under Article 41 of the Charter of the United Nations and the development of additional tools to render the existing measures imposed against UNITA more effective;
7. Welcomes the decisions of several of the States referred to in the report of the Panel of Experts to establish interdepartmental commissions and other mechanisms to investigate the allegations contained in the report, invites those States to keep the Committee informed of the results of such investigations, further invites other States referred to in the report to consider the allegations contained therein, takes note of the information provided to the Council by States in response to the conclusions and recommendations of the Panel of Experts, and requests the Committee to consider fully all such information, including, where appropriate, through discussion with representatives of the States concerned, and to invite the submission of additional information where appropriate;
With regard to the trade in arms,
8. Encourages all States to exercise all due diligence, in order to prevent the diversion or trans-shipment of weapons to unauthorized end-users or unauthorized destinations where such diversion or trans-shipment risks resulting in the violation of the measures contained in resolution 864 (1993), including by requiring end-use documentation or equivalent measures before exports from their territories are allowed, and further encourages all States to ensure effective monitoring and regulation in the export of weapons, including by private arms brokers, where they do not already do so;
9. Invites States to consider the proposal to convene one or more conferences of representatives of countries that are manufacturers and, in particular, exporters of weapons for the purpose of developing proposals to stem the illicit flow of arms into Angola, calls for the provision of necessary financial support for such conferences by States, and urges that representatives of the SADC Member States be invited to participate in any such conference or conferences;
With regard to the trade in petroleum and petroleum products,
10. Encourages the convening of a conference of experts to devise a regime for curbing the illegal supply of petroleum and petroleum products into UNITA-controlled areas, including physical inspection as well as the broader monitoring of petroleum supply in the area, and further encourages any such conference to focus on the role and capacity of SADC in the implementation of such a regime;
11. Invites SADC to consider the establishment of monitoring activities in the border areas adjacent to Angola for the purpose of reducing the opportunities for the smuggling of petroleum and petroleum products into areas under the control of UNITA, including through the monitoring of fuel supplies and transfers thereof;
12. Invites SADC to take the lead in establishing an information- exchange mechanism involving petroleum companies and governments to facilitate the flow of information regarding possible illegal diversions of fuel to UNITA;
13. Further invites SADC to take the lead in carrying out chemical analysis of fuel samples obtained from petroleum suppliers in the SADC region and, using the results, to create a database for the purpose of determining the sources of fuel obtained or captured from UNITA;
14. Calls upon the Government of Angola to implement additional internal controls and inspection procedures with respect to the distribution of petroleum and petroleum products for the purpose of enhancing the effectiveness of the measures contained in resolution 864 (1993), and invites the Government of Angola to inform the Committee of the steps taken in this regard;
15. Calls upon all States to enforce strictly safety and control regulations relating to the transportation by air of fuel and other hazardous commodities, in particular in the area around Angola, urges States to develop such regulations where they do not exist already, and, in this regard, requests all States to provide relevant information to the International Air Transport Association, the International Civil Aviation Organization (ICAO) and the Committee;
With regard to the trade in diamonds,
16. Expresses its concern that illicit trade in diamonds constitutes a principal source of funding for UNITA, encourages States hosting diamond markets to impose significant penalties for the possessing of rough diamonds imported in contravention of the measures contained in resolution 1173 (1998), emphasizes, in this connection, that the implementation of the measures contained in that resolution requires an effective Certificate of Origin regime, welcomes the introduction by the Government of Angola of new control arrangements involving redesigned and reconcilable Certificates of Origin, and invites the Government of Angola to provide Member States with full details of the Certificate of Origin scheme and to brief the Committee on this scheme;
17. Welcomes the steps announced by the Government of Belgium on 3 March 2000 in support of the more effective implementation of the measures contained in resolution 1173 (1998), welcomes also the establishment by the Government of Belgium of an inter-ministerial task force to curb sanctions violations, further welcomes the measures taken by the Diamond High Council, in conjunction with the Government of Angola, to render sanctions more effective, invites the Government of Belgium and the Diamond High Council to continue to cooperate with the Committee to devise practical measures to limit access by UNITA to the legitimate diamond market and welcomes their public affirmations in this regard, and further invites other States hosting diamond markets, as well as other States closely involved with the diamond industry, also to cooperate with the Committee to devise practical measures to the same end and to inform the Committee of measures taken in this regard;
18. Welcomes the proposal that a meeting of experts be convened for the purpose of devising a system of controls to facilitate the implementation of the measures contained in resolution 1173 (1998), including arrangements that would allow for increased transparency and accountability in the control of diamonds from their point of origin to the bourses, emphasizes that it is important that, in devising such controls, every effort be made to avoid inflicting collateral damage on the legitimate diamond trade, and welcomes the intention of the Republic of South Africa to host a relevant conference this year;
19. Calls upon relevant States to cooperate with the diamond industry to develop and implement more effective arrangements to ensure that members of the diamond industry worldwide abide by the measures contained in resolution 1173 (1998) and to inform the Committee regarding progress in this regard;
With regard to funds and financial measures,
20. Encourages States to convene a conference of experts to explore possibilities to strengthen the implementation of the financial measures imposed against UNITA contained in resolution 1173 (1998);
21. Calls upon all States to work with financial institutions on their territory to develop procedures to facilitate the identification of funds and financial assets that may be subject to the measures contained in resolution 1173 (1998) and the freezing of such assets;
With regard to measures relating to travel and representation,
22. Emphasizes the importance of States acting to prevent the circumvention on or from their territory of the measures contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998), and invites States to review the status of UNITA officials and representatives, as well as all adult members of their families, designated by the Committee pursuant to resolution 1127 (1997) and believed to be residing on their territory, with a view to suspending or cancelling their travel documents, visas and residence permits in conformity with that resolution;
23. Calls upon States that have issued passports to UNITA officials and adult members of their families designated by the Committee pursuant to resolution 1127 (1997) to cancel those passports in conformity with paragraph 4 (b) of that resolution and to report to the Committee on the status of their efforts in this regard;
24. Requests the Committee, in consultation with the Government of Angola, to update the list of UNITA officials and adult members of their immediate families who are subject to travel restrictions and to expand the information contained in that list, including date and place of birth and any known addresses, and further requests the Committee to consult relevant States, including the Government of Angola, regarding the possible expansion of that list, drawing on the information set out in paragraphs 140 to 154 of the report of the Panel of Experts;
With regard to additional steps,
25. Invites SADC to consider the introduction of measures to strengthen air traffic control systems in the subregion for the purpose of detecting illegal flight activities across national borders, and further invites SADC to liaise with ICAO to consider the establishment of an air traffic regime for the control of regional air space;
26. Urges all States to make available to the Committee information on the violation of the measures contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998);
27. Further urges all States, including those geographically close to Angola, to take immediate steps to enforce, strengthen or enact legislation making it a criminal offence under domestic law for their nationals or other individuals operating on their territory to violate the measures imposed by the Council against UNITA, where they have not already done so, and to inform the Committee of the adoption of such measures, and invites States to report the results of all related investigations or prosecutions to the Committee;
28. Encourages States to inform the relevant professional associations and certification bodies of the measures contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998), to seek action by these bodies where those measures are violated, and to consult with such bodies with a view to improving the implementation of those measures;
29. Invites the Secretary-General to strengthen collaboration between the United Nations and regional and international organizations, including Interpol, that may be involved in monitoring or enforcing the implementation of the measures contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998);
30. Further invites the Secretary-General to develop an information package and media campaign designed to educate the public at large on the measures contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998);
31. Welcomes the appeal, by the Council of Ministers of the OAU meeting in Algiers in July 1999, to all Member States of the OAU to work strenuously for the implementation of all Security Council resolutions, especially those relating to measures imposed against UNITA (A/54/424, annex I), undertakes to convey the report of the Panel of Experts to the Chairman of the OAU, and requests the Secretary-General to transmit the report to the OAU Secretary- General;
32. Underlines the important role played by SADC in the implementation of the measures contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998) and its determination to strengthen the implementation of the measures against UNITA, invites SADC to make known to the Committee what assistance SADC requires in implementing this and previous relevant resolutions, expresses its intention to initiate a
dialogue with SADC with regard to the implementation of activities contained in this resolution, strongly urges States and international organizations to consider the provision of financial and technical assistance to SADC in this regard, recalls the Final Communiqué of the Summit of the Heads of State or Government of SADC adopted at Grand Baie, Mauritius, on 13 and 14 September 1998 (S/1998/915) relating to the application of measures imposed against UNITA, undertakes to convey the report of the Panel of Experts to the Chairman of SADC, and requests the Secretary-General to transmit the report to the Executive Secretary of SADC;
33. Decides to remain actively seized of the matter.
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