1 (1945) Nr. 56

A. TITEL

Handvest van de Verenigde Naties;

San Francisco, 26 juni 1945

B. TEKST

De Engelse tekst van het Handvest is bij Koninklijk Besluit van 21 december 1945 bekendgemaakt in Stb. F 321.

De Engelse en de Franse tekst, zoals gewijzigd, zijn geplaatst in Trb. 1979, 37.

Op 21 november 2012 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6867e zitting aangenomen Resolutie 2077 (2012) inzake Somalië. De Engelse tekst van de resolutie luidt:

Resolution 2077 (2012)
Adopted by the Security Council at its 6867th meeting, on 21 November 2012

The Security Council,

Recalling its previous resolutions concerning the situation in Somalia, especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008), 1897 (2009), 1918 (2010), 1950 (2010), 1976 (2011), 2015 (2011), and 2020 (2011), as well as the Statement of its President (S/PRST/2010/16) of 25 August 2010,

Continuing to be gravely concerned by the ongoing threat that piracy and armed robbery at sea against vessels pose to the prompt, safe, and effective delivery of humanitarian aid to Somalia and the region, to the safety of seafarers and other persons, to international navigation and the safety of commercial maritime routes, and to other vulnerable ships, including fishing activities in conformity with international law, and also gravely concerned by the extended range of the piracy threat into the western Indian Ocean and adjacent sea areas and the increase in pirate capacities,

Expressing concern about the reported involvement of children in piracy off the coast of Somalia,

Recognizing that the ongoing instability in Somalia contributes to the problem of piracy and armed robbery at sea off the coast of Somalia, and stressing the need for a comprehensive response by the international community to repress piracy and armed robbery at sea and tackle its underlying causes,

Recognizing the need to investigate and prosecute not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of criminal networks involved in piracy who illicitly plan, organize, facilitate, or finance and profit from such attacks, and reiterating its concern over persons suspected of piracy having to be released without facing justice, reaffirming that the failure to prosecute persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia undermines anti-piracy efforts of the international community and being determined to create conditions to ensure that pirates are held accountable,

Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, including Somalia’s rights with respect to offshore natural resources, including fisheries, in accordance with international law, recalling the importance of preventing, in accordance with international law, illegal fishing and illegal dumping, including of toxic substances, and stressing the need to investigate any new allegations of such illegal fishing and dumping; noting the report of the Secretary-General (S/2012/783), which acknowledges difficulty in providing detailed information related to illegal, unreported, and unregulated fishing and dumping off Somalia’s coast without adequate monitoring or reporting systems, and states that the United Nations has received little evidence to date to justify claims that illegal fishing and dumping are factors responsible for forcing Somali youths to resort to piracy, and that there is currently no evidence of toxic waste dumping on land and at sea; emphasizing that the concerns about protection of the marine environment as well as resources should not be allowed to mask the true nature of piracy off the coast of Somalia which is a transnational criminal enterprise driven primarily by the opportunity for financial gain, and expressing appreciation in this respect for the report of the Secretary-General on the protection of Somali natural resources and water (S/2011/661) prepared pursuant to paragraph 7 of Security Council Resolution 1976 (2011),

Further reaffirming that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982 (“The Convention”), sets out the legal framework applicable to combating piracy and armed robbery at sea, as well as other ocean activities,

Underlining the primary responsibility of the Somali authorities in the fight against piracy and armed robbery at sea off the coast Somalia and noting the several requests from Somali authorities for international assistance to counter piracy off its coast, including the letter of 5 November 2012, from the Permanent Representative of Somalia to the United Nations expressing the appreciation of Somali authorities to the Security Council for its assistance, expressing their willingness to consider working with other States and regional organizations to combat piracy and armed robbery at sea off the coast of Somalia, and requesting that the provisions of resolution 1897 (2009) be renewed for an additional twelve months,

Commending the efforts of the European Union operation ATALANTA, North Atlantic Treaty Organization operations Allied Protector and Ocean Shield, Combined Maritime Forces’ Combined Task Force 151 commanded by Denmark, New Zealand, Pakistan, Republic of Korea, Singapore, Turkey, Thailand and the United States, and other States acting in a national capacity in cooperation with Somali authorities and each other, to suppress piracy and to protect vulnerable ships transiting through the waters off the coast of Somalia, and welcoming the efforts of individual countries, including China, India, Japan, Malaysia, Republic of Korea, and the Russian Federation, which have deployed ships and/or aircraft in the region, as stated in the Secretary-General’s report (S/2012/783),

Commending the efforts of flag States for taking appropriate measures to permit vessels sailing under their flag transiting the High Risk Area to embark vessel protection detachments and privately contracted armed security personnel, and encouraging States to regulate such activities in accordance with applicable international law and permit charters to favour arrangements that make use of such measures,

Notes the request of some Member States on the need to review the boundaries of the High Risk Area on an objective and transparent basis taking into account actual incidents of piracy, noting that the High Risk Area is set and defined by the insurance and maritime industry,

Welcoming the capacity building efforts in the region made through the International Maritime Organization (IMO) Djibouti Code of Conduct Trust Fund and the Trust Fund Supporting Initiatives of States Countering Piracy off the Coast of Somalia, as well as the European Union’s planned programming under EUCAP NESTOR, and recognizing the need for all engaged international and regional organizations to cooperate fully,

Noting with appreciation the efforts made by the IMO and the shipping industry to develop and update guidance, best management practices, and recommendations to assist ships to prevent and suppress piracy attacks off the coast of Somalia, including in the Gulf of Aden, and the Indian Ocean area, and recognizing the work of the IMO, and the Contact Group on Piracy off the Coast of Somalia (CGPCS); in this regard, notes the efforts of the International Organization for Standardization, which has developed industry standards of training and certification for Private Maritime Security Companies when providing privately contracted armed security personnel on board ships in high-risk areas,

Noting with concern that the continuing limited capacity and domestic legislation to facilitate the custody and prosecution of suspected pirates after their capture has hindered more robust international action against the pirates off the coast of Somalia, too often has led to pirates being released without facing justice, regardless of whether there is sufficient evidence to support prosecution and reiterating that, consistent with the provisions of the Convention concerning the repression of piracy, the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties to create criminal offences, establish jurisdiction, and accept delivery of persons responsible for or suspected of seizing or exercising control over a ship by force or threat thereof or any other form of intimidation,

Underlining the importance of continuing to enhance the collection, preservation and transmission to competent authorities of evidence of acts of piracy and armed robbery at sea off the coast of Somalia, and welcoming the ongoing work of the IMO, INTERPOL, and industry groups to develop guidance to seafarers on preservation of crime scenes following acts of piracy, and noting the importance for the successful prosecution of acts of piracy of enabling seafarers to give evidence in criminal proceedings,

Further recognizing that pirate networks continue to rely on kidnapping and hostage-taking, and that these activities help generate funding to purchase weapons, gain recruits, and continue their operational activities, thereby jeopardizing the safety and security of innocent civilians and restricting the flow of free commerce, and welcoming international efforts to collect and share information to disrupt the pirate enterprise, as exemplified by INTERPOL’s Global Database on Maritime Piracy; and noting the ongoing initiative aimed at establishing the Regional Anti-Piracy Prosecution & Intelligence Coordination Centre, hosted by the Republic of Seychelles,

Reaffirming international condemnation of acts of kidnapping and hostagetaking, including offences contained within the International Convention against the Taking of Hostages, and strongly condemning the continuing practice of hostagetaking by pirates operating off the coast of Somalia, expressing serious concern at the inhuman conditions hostages face in captivity, recognizing the adverse impact on their families, calling for the immediate release of all hostages, and noting the importance of cooperation between Member States on the issue of hostage-taking and the prosecution of suspected pirates for taking hostages,

Commending the Kenya and the Seychelles’ efforts to prosecute suspected pirates in their national courts, welcoming and looking forward to further engagement of Mauritius and Tanzania, and noting with appreciation the assistance being provided by the United Nations Office of Drugs and Crime (UNODC), the Trust Fund Supporting Initiatives of States Countering Piracy off the Coast of Somalia, and other international organizations and donors, in coordination with the CGPCS, to support Kenya, Seychelles, Somalia, and other States in the region to take steps to prosecute, or incarcerate in a third State after prosecution elsewhere, pirates, including facilitators and financiers ashore, consistent with applicable international human rights law, and emphasizing the need for States and international organizations to further enhance international efforts in this regard,

Welcoming the readiness of the national and regional administrations of Somalia to cooperate with each other and with States who have prosecuted suspected pirates with a view to enabling convicted pirates to be repatriated back to Somalia under suitable prisoner transfer arrangements, consistent with applicable international law including international human rights law,

Welcoming the report of the Secretary General (S/2012/783), as requested by resolution 2020 (2011), on the implementation of that resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia,

Taking note with appreciation of the reports of the Secretary-General on the modalities for the establishment of specialized Somali anti-piracy courts (S/2011/360 and S/2012/50), prepared pursuant to paragraph 26 of resolution 1976 (2011) and paragraph 16 of resolution 2015 (2011), and the ongoing efforts within the CGPCS and the United Nations Secretariat to explore possible additional mechanisms to effectively prosecute persons suspected of piracy and armed robbery at sea off the coast of Somalia, including those ashore who incite or intentionally facilitate acts of piracy,

Stressing the need for States to consider possible methods to assist the seafarers who are victims of pirates, and welcoming in this regard the ongoing work within the CGPCS and the IMO on developing guidelines for the care of seafarers and other persons who have been subjected to acts of piracy,

Recognizing the progress made by the CGPCS, UNODC, and UNPOS in the use of public information tools to raise awareness of the dangers of piracy, highlight the best practices to eradicate this criminal phenomenon, and inform the public of the dangers posed by piracy,

Further noting with appreciation the ongoing efforts by UNODC and UNDP to support efforts to enhance the capacity of the corrections system in Somalia, including regional authorities notably with the support of the Trust Fund Supporting Initiatives of States Countering Piracy off the Coast of Somalia, to incarcerate convicted pirates consistent with applicable international human rights law,

Bearing in mind the Djibouti Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden, noting the operations of the newly established information sharing centres in Yemen, Kenya and Tanzania and the ongoing work regarding a regional maritime training centre in Djibouti, and recognizing the efforts of signatory States, including new signatory States South Africa and Mozambique, to develop the appropriate regulatory and legislative frameworks to combat piracy, enhance their capacity to patrol the waters of the region, interdict suspect vessels, and prosecute suspected pirates,

Emphasizing that peace and stability within Somalia, the strengthening of State institutions, economic and social development and respect for human rights and the rule of law are necessary to create the conditions for a durable eradication of piracy and armed robbery at sea off the coast of Somalia, and further emphasizing that Somalia’s long-term security rests with the effective development by Somali authorities of the Somali National Security Forces,

Welcoming in this regard the election of the President on 10 September and the subsequent appointment of a Prime Minister and Cabinet, considering that this represents the completion of the Transition in Somalia and an important milestone in Somalia’s path to more stable and accountable governance,

Noting that the joint counter-piracy efforts of the international community and private sector have resulted in a sharp decline in pirate attacks as well as hijackings since 2011 and emphasizing that without further action, the significant progress made in reducing the number of successful pirate attacks is reversible,

Determining that the incidents of piracy and armed robbery at sea off the coast of Somalia exacerbate the situation in Somalia, which continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Reiterates that it condemns and deplores all acts of piracy and armed robbery against vessels in the waters off the coast of Somalia;

  • 2. Recognizes that the ongoing instability in Somalia is one of the underlying causes of the problem of piracy and contributes to the problem of piracy and armed robbery at sea off the coast of Somalia;

  • 3. Stresses the need for a comprehensive response to repress piracy and tackle its underlying causes by the international community;

  • 4. Underlines the primary responsibility of Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, and requests the Somali authorities, with assistance from the Secretary-General and relevant UN entities, to pass a complete set of counter-piracy laws without further delay, and to declare an Exclusive Economic Zone in accordance with the United Nations Convention on the Law of the Sea;

  • 5. Recognizes the need to continue investigating and prosecuting all suspected pirates and urges States, working in conjunction with relevant international organizations, to intensify their efforts to investigate and prosecute key figures of criminal networks involved in piracy who illicitly plan, organize, facilitate, or finance and profit from such attacks;

  • 6. Calling upon the Somali authorities to interdict, and upon interdiction to investigate and prosecute pirates and to patrol the territorial waters off the coast of Somalia to suppress acts of piracy and armed robbery at sea, noting the importance of strengthening Somalia’s maritime capacity, and welcomes support by the international community for strengthening Somalia’s capacity in this regard;

  • 7. Calls upon States to cooperate also, as appropriate, on the issue of hostage taking, and the prosecution of suspected pirates for taking hostages;

  • 8. Notes again its concern regarding the findings contained in the 13 July 2012 report (S/2012/544, page 211) and resolution 2020 (2011) that escalating ransom payments and the lack of enforcement of the arms embargo established by resolution 733 (1992) are fuelling the growth of piracy off the coast of Somalia, calls upon all States to cooperate fully with the Somalia and Eritrea Monitoring Group including on information sharing regarding possible arms embargo violations;

  • 9. Recognizes the need for States, regional organizations, and other appropriate partners to exchange evidence and information with a view to the arrest and prosecution of key figures of criminal networks involved in piracy who illicitly plan, organize, facilitate, or finance and profit from piracy operations, and keeps under review the possibility of applying targeted sanctions against such individuals or entities if they meet the listing criteria set out in paragraph 8 resolution 1844 (2008);

  • 10. Renews its call upon States and regional organizations that have the capacity to do so, to take part in the fight against piracy and armed robbery at sea off the coast of Somalia, in particular, consistent with this resolution and international law, by deploying naval vessels, arms and military aircraft and through seizures and disposition of boats, vessels, arms and other related equipment used in the commission of piracy and armed robbery at sea off the coast of Somalia, or for which there are reasonable grounds for suspecting such use;

  • 11. Commends the work of the CGPCS to facilitate coordination in order to deter acts of piracy and armed robbery at sea off the coast of Somalia, in cooperation with the IMO, flag States, and Somali authorities and urges States and international organizations to continue to support these efforts;

  • 12. Encourages Member States to continue to cooperate with Somali authorities in the fight against piracy and armed robbery at sea, notes the primary role of Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, and decides that for a further period of twelve months from the date of this resolution to renew the authorizations as set out in paragraph 10 of resolution 1846 (2008) and paragraph 6 of resolution 1851 (2008), as renewed by paragraph 7 of resolution 1897 (2009), paragraph 7 of resolution 1950 (2010), and paragraph 9 of resolution 2020 (2011) granted to States and regional organizations cooperating with Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by Somali authorities to the Secretary-General;

  • 13. Affirms that the authorizations renewed in this resolution apply only with respect to the situation in Somalia and shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations, under the Convention, with respect to any other situation, and underscores in particular that this resolution shall not be considered as establishing customary international law; and affirms further that such authorizations have been renewed only following the receipt of the 5 November 2012 letter conveying the consent of Somali authorities;

  • 14. Further affirms that the measures imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002) do not apply to weapons and military equipment destined for the sole use of Member States and regional organizations undertaking measures in accordance with paragraph 12 above or to supplies of technical assistance to Somalia solely for the purposes set out in paragraph 6 of resolution 1950 (2010) which have been exempted from those measures in accordance with the procedure set out in paragraphs 11 (b) and 12 of resolution 1772 (2007);

  • 15. Requests that cooperating States take appropriate steps to ensure that the activities they undertake pursuant to the authorizations in paragraph 12 do not have the practical effect of denying or impairing the right of innocent passage to the ships of any third State;

  • 16. Calls on the Somali authorities to make all efforts to bring to justice those who are using Somali territory to plan, facilitate, or undertake criminal acts of piracy and armed robbery at sea and calls upon Member States to assist Somalia, at the request of Somali authorities and with notification to the Secretary-General, to strengthen capacity in Somalia, including regional authorities, and stresses that any measures undertaken pursuant to this paragraph shall be consistent with applicable international human rights law;

  • 17. Calls upon all States, and in particular flag, port, and coastal States, States of the nationality of victims, and perpetrators of piracy and armed robbery, and other States with relevant jurisdiction under international law and national legislation, to cooperate in determining jurisdiction, and in the investigation and prosecution of all persons responsible for acts of piracy and armed robbery off the coast of Somalia, including anyone who incites or facilitates an act of piracy, consistent with applicable international law including international human rights law to ensure that all pirates handed over to judicial authorities are subject to a judicial process, and to render assistance by, among other actions, providing disposition and logistics assistance with respect to persons under their jurisdiction and control, such as victims and witnesses and persons detained as a result of operations conducted under this resolution;

  • 18. Calls upon all States to criminalize piracy under their domestic law and to favourably consider the prosecution of suspected, and imprisonment of convicted, pirates apprehended off the coast of Somalia, and their facilitators and financiers ashore, consistent with applicable international law including international human rights law;

  • 19. Reiterates its decision to continue its consideration, as a matter of urgency, of the establishment of specialized anti-piracy courts in Somalia and other States in the region with substantial international participation and/or support, as set forth in resolution 2015 (2011), and the importance of such courts having jurisdiction over not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of criminal networks involved in piracy who illicitly plan, organize, facilitate, or finance and profit from such attacks, and emphasizes the need for strengthened cooperation of States, regional, and international organizations in holding such individuals accountable, and encourages the CGPCS to continue its discussions in this regard;

  • 20. Welcomes, in this context, that the report of the Secretary-General pursuant to resolution 2015 (2011) contains detailed implementation proposals on ways to ensure that suspected pirates are held accountable through the due process of law in accordance with international standards, and encourages action in this field at the federal level in Somalia;

  • 21. Urges all States to take appropriate actions under their existing domestic law to prevent the illicit financing of acts of piracy and the laundering of its proceeds;

  • 22. Urges States, in cooperation with INTERPOL and Europol, to further investigate international criminal networks involved in piracy off the coast of Somalia, including those responsible for illicit financing and facilitation;

  • 23. Commends INTERPOL for the creation of a global piracy database designed to consolidate information about piracy off the coast of Somalia and facilitate the development of actionable analysis for law enforcement, and urges all States to share such information with INTERPOL for use in the database, through appropriate channels;

  • 24. Stresses in this context the need to support the investigation and prosecution of those who illicitly finance, plan, organize, or unlawfully profit from pirate attacks off the coast of Somalia;

  • 25. Urges States and international organizations to share evidence and information for anti-piracy law enforcement purposes with a view to ensuring effective prosecution of suspected, and imprisonment of convicted, pirates;

  • 26. Commends the establishment of the Trust Fund Supporting the Initiatives of States Countering Piracy off the Coast of Somalia and the IMO Djibouti Code Trust Fund and urges both state and non-state actors affected by piracy, most notably the international shipping community, to contribute to them;

  • 27. Urges States parties to the Convention and the SUA Convention to implement fully their relevant obligations under these Conventions and customary international law and cooperate with the UNODC, IMO, and other States and other international organizations to build judicial capacity for the successful prosecution of persons suspected of piracy and armed robbery at sea off the coast of Somalia;

  • 28. Urges States individually or within the framework of competent international organizations to positively consider investigating any new allegations of illegal fishing and illegal dumping, including of toxic substances, with a view to prosecuting such offences when committed by persons under their jurisdiction; encourages increased efforts to monitor and report on such allegations; takes note of the report of the Secretary-General (S/2012/783), which acknowledges difficulty in providing detailed information related to illegal, unreported, and unregulated fishing and dumping off Somalia’s coast without adequate monitoring or reporting systems, and states that the United Nations has received little evidence to date to justify claims that illegal fishing and dumping are factors responsible for forcing Somali youths to resort to piracy, and that there is currently no evidence of toxic waste dumping on land and at sea; and emphasizes that the concerns about protection of the marine environment as well as resources should not be allowed to mask the true nature of piracy off the coast of Somalia which is a transnational criminal enterprise driven primarily by the opportunity for financial gain; and takes note of the Secretary-General’s intention to include updates on these issues in his reports relating to piracy off the Coast of Somalia;

  • 29. Welcomes the recommendations and guidance of the IMO on preventing and suppressing piracy and armed robbery against ships, underlines the importance of implementing such recommendations and guidance by all stakeholders, particularly the shipping industry, and of flag States ensuring, as appropriate, the implementation of such recommendations and guidance, and urges States, in collaboration with the shipping and insurance industries, and the IMO, to continue to develop and implement avoidance, evasion, and defensive best practices and advisories to take when under attack or when sailing in the waters off the coast of Somalia, and further urges States to make their citizens and vessels available for forensic investigation as appropriate at the first suitable port of call immediately following an act or attempted act of piracy or armed robbery at sea or release from captivity;

  • 30. Encourages flag States and port States to further consider the development of safety and security measures onboard vessels, including, where applicable, developing regulations for the deployment of PCASP on board ships through a consultative process, including through the IMO and ISO;

  • 31. Invites the IMO to continue its contributions to the prevention and suppression of acts of piracy and armed robbery against ships in coordination, in particular, with the UNODC, the World Food Program (WFP), the shipping industry, and all other parties concerned, and recognizes the IMO’s role concerning privately contracted armed security personnel on board ships in high-risk areas;

  • 32. Notes the importance of securing the safe delivery of WFP assistance by sea, welcomes the ongoing work by the WFP, EU operation ATALANTA and flag States with regard to Vessel Protection Detachments on WFP vessels;

  • 33. Requests States and regional organizations cooperating with Somali authorities to inform the Security Council and the Secretary-General in nine months of the progress of actions undertaken in the exercise of the authorizations provided in paragraph 12 above and further requests all States contributing through the CGPCS to the fight against piracy off the coast of Somalia, including Somalia and other States in the region, to report by the same deadline on their efforts to establish jurisdiction and cooperation in the investigation and prosecution of piracy;

  • 34. Requests the Secretary-General to report to the Security Council within 11 months of the adoption of this resolution on the implementation of this resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia;

  • 35. Expresses its intention to review the situation and consider, as appropriate, renewing the authorizations provided in paragraph 12 above for additional periods upon the request of Somali authorities;

  • 36. Decides to remain seized of the matter.

Op 28 november 2012 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6873e zitting aangenomen Resolutie 2078 (2012) inzake de Democratische Republiek Congo. De Engelse tekst van de resolutie luidt:

Resolution 2078 (2012)
Adopted by the Security Council at its 6873rd meeting, on 28 November 2012

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo,

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the DRC as well as all States in the region and emphasizing the need to respect fully the principles of non-interference, good neighbourliness and regional cooperation,

Stressing the primary responsibility of the Government of the Democratic Republic of the Congo for ensuring security in its territory and protecting its civilians with respect for the rule of law, human rights and international humanitarian law,

Taking note of the interim report (S/2012/348), its addendum (S/2012/348/Add.1) and the final report (S/2012/843) of the Group of Experts on the Democratic Republic of the Congo (“the Group of Experts”) established pursuant to resolution 1771 (2007) and extended pursuant to resolutions 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010) and 2021 (2011) and of their recommendations,

Reiterating its deep concern regarding the rapidly deteriorating security and humanitarian crisis in eastern DRC due to ongoing military activities of the 23 March Movement (M23),

Reiterating its strong condemnation of any and all external support to the M23, including through troop reinforcement, tactical advice and the supply of equipment, and expressing deep concern at reports and allegations indicating that such support continues to be provided to the M23,

Condemning the continuing illicit flow of weapons within and into the DRC in violation of resolutions 1533 (2004), 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), and 2021 (2011) declaring its determination to continue to monitor closely the implementation of the arms embargo and other measures set out by its resolutions concerning the DRC,

Recalling the linkage between the illegal exploitation of natural resources, illicit trade in such resources and the proliferation and trafficking of arms as one of the major factors fuelling and exacerbating conflicts in the Great Lakes region of Africa, and encouraging the continuation of the regional efforts of the International Conference on the Great Lakes Region (ICGLR) against the illegal exploitation of natural resources,

Noting with great concern the persistence of serious human rights abuses and humanitarian law violations against civilians in the eastern part of the DRC, including summary executions, sexual and gender based violence and large scale recruitment and use of child soldiers committed by the M23 and other armed groups,

Calling for all perpetrators, including individuals responsible for violence against children and acts of sexual violence, to be apprehended, brought to justice and held accountable for violations of applicable international law,

Welcoming the efforts of the United Nations Secretary-General as well as of the International Conference on the Great Lakes Region (ICGLR), the Southern African Development Community (SADC) and the African Union, to restore peace and security in Eastern DRC,

Welcoming the efforts of the Chair of the ICGLR in convening the Extraordinary Summits of 15 July 2012, 7-8 August 2012, 8 September 2012, 8 October 2012 and 24 November to address the situation in Eastern DRC,

Recalling all its relevant resolutions on women and peace and security, on children and armed conflict, and on the protection of civilians in armed conflicts,

Calling on all parties to cooperate fully with the United Nations Organization Stabilization Mission in the DRC (MONUSCO), and reiterating its condemnation of any attacks against peacekeepers and emphasizing that those responsible for such attacks must be brought to justice,

Determining that the situation in the DRC continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Decides to renew until 1 February 2014 the measures on arms imposed by paragraph 1 of resolution 1807 (2008) and reaffirms the provisions of paragraphs 2, 3 and 5 of that resolution;

  • 2. Decides to renew, for the period specified in paragraph 1 above, the measures on transport imposed by paragraphs 6 and 8 of resolution 1807 (2008) and reaffirms the provisions of paragraph 7 of that resolution;

  • 3. Decides to renew, for the period specified in paragraph 1 above, the financial and travel measures imposed by paragraphs 9 and 11 of resolution 1807 (2008) and reaffirms the provisions of paragraphs 10 and 12 of that resolution regarding the individuals and entities referred to in paragraph 4 of resolution 1857 (2008) and reaffirms the provisions of paragraphs 10 and 12 of resolution 1807 (2008) in relation to those measures;

  • 4. Decides that the measures referred to in paragraph 3 above shall apply to the following individuals, and, as appropriate, entities, as designated by the Committee:

    • a) Persons or entities acting in violation of the measures taken by Member States in accordance with paragraph 1 above;

    • b) Political and military leaders of foreign armed groups operating in the Democratic Republic of the Congo who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups;

    • c) Political and military leaders of Congolese militias receiving support from outside the Democratic Republic of the Congo, who impede the participation of their combatants in disarmament, demobilization and reintegration processes;

    • d) Political and military leaders operating in the Democratic Republic of the Congo and recruiting or using children in armed conflict contrary to applicable international law;

    • e) Individuals or entities operating in the Democratic Republic of the Congo and committing serious violations involving the targeting of children or women in situations of armed conflict, including killing and maiming, sexual violence, abduction, and forced displacement;

    • f) Individuals or entities obstructing the access to or the distribution of humanitarian assistance in the eastern part of the Democratic Republic of the Congo;

    • g) Individuals or entities illegally supporting armed groups in the eastern part of the Democratic Republic of the Congo through illicit trade of natural resources, including gold;

    • h) Individuals or entities acting on behalf of or at the direction of a designated individual or entity owned or controlled by a designated individual;

    • i) Individuals or entities who plan, sponsor or participate in attacks against MONUSCO peacekeepers;

  • 5. Requests the Secretary-General to extend, for a period expiring on 1 February 2014, the Group of Experts established pursuant to resolution 1533 (2004) and renewed by subsequent resolutions and requests the Group of Experts to fulfil its mandate as set out in paragraph 18 of resolution 1807 (2008) and expanded by paragraphs 9 and 10 of resolution 1857 (2008), and to present to the Council, through the Committee, a written mid-term report by 28 June 2013, and a written final report before 13 December 2013, welcomes the practice of receiving additional updates of the Group of Experts as appropriate, and further requests that, after a discussion with the Committee, the Group of Experts submit to the Council its final report upon termination of the Group’s mandate;

  • 6. Strongly condemns the M23 and all its attacks on the civilian population, MONUSCO peacekeepers and humanitarian actors, as well as its abuses of human rights, including summary executions, sexual and gender based violence and large scale recruitment and use of child soldiers, further condemns the attempts by the M23 to establish an illegitimate parallel administration and to undermine State authority of the Government of the DRC, and reiterates that those responsible for crimes and human rights abuses will be held accountable;

  • 7. Demands that the M23 and other armed groups, including the Democratic Forces for the Liberation of Rwanda (FDLR), the Lord’s Resistance Army (LRA), Mai Mai militias, the Forces Nationales de Liberation (FNL) and the Allied Democratic Forces (ADF) cease immediately all forms of violence and other destabilizing activities and release immediately all child soldiers and permanently lay down their arms;

  • 8. Expresses deep concern at reports indicating that external support continues to be provided to the M23, including through troop reinforcement, tactical advice and the supply of equipment, causing a significant increase of the military abilities of the M23, and reiterates its demand that any and all outside support to the M23 cease immediately;

  • 9. Expresses its intention to consider additional targeted sanctions, in accordance with the criteria set out in paragraph 4 of this resolution, against the leadership of the M23 and those providing external support to the M23 and those acting in violation of the sanctions regime and the arms embargo, and calls on all Member States to submit, as a matter of urgency, listing proposals to the 1533 Committee;

  • 10. Decides that the measures imposed by paragraph 9 of resolution 1807 (2008) shall not apply:

    • a) Where the Committee determines in advance and on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation;

    • b) Where the Committee concludes that an exemption would further the objectives of the Council’s resolutions, that is peace and national reconciliation in the Democratic Republic of the Congo and stability in the region;

    • c) Where the Committee authorises in advance, and on a case by case basis, the transit of individuals returning to the territory of the State of their nationality, or participating in efforts to bring to justice perpetrators of grave violations of human rights or international humanitarian law; or

    • d) Where such entry or transit is necessary for the fulfilment of judicial process;

  • 11. Reiterates its call on the ICGLR to monitor and inquire into, including by making active use of the Expanded Joint Verification Mechanism (EJVM), reports and allegations of outside support and supply of equipment to the M23, and encourages MONUSCO, in coordination with ICGLR members, to participate, as appropriate and within the limits of its capacities and mandate, in the activities of the EJVM;

  • 12. Encourages the Government of the Democratic Republic of the Congo to enhance stockpile security, accountability and management of arms and ammunition, with the assistance of international partners as necessary and requested, and to urgently implement a national weapons marking program, in particular for state-owned firearms, in line with the standards established by the Nairobi Protocol and the Regional Centre on Small Arms;

  • 13. Emphasizes the primary responsibility of the Government of the DRC to reinforce State authority and governance in eastern DRC, including through effective security sector reform to allow army and police and justice sector reform, and to end impunity for abuses of human rights and violations of international humanitarian law, urges the Government of the DRC to increase efforts in this regard, welcomes the efforts to date by the Government of the DRC to address issues of illegal exploitation and smuggling of natural resources, and urges continued effort in this regard;

  • 14. Welcomes in this regard the measures taken by the Congolese Government to implement the due diligence guidelines on the supply chain of minerals, as defined by the Group of Experts and the Organization for Economic Cooperation and Development, and calls on all States to assist the DRC, the ICGLR and the countries in the Great Lakes region in the implementation of the guidelines;

  • 15. Encourages all States, particularly those in the region, to continue to raise awareness of the Group of Experts due diligence guidelines, in particular in the gold sector as part of broader efforts to mitigate the risk of further financing armed groups and criminal networks within the Armed Forces of the Democratic Republic of the Congo (FARDC) in the Democratic Republic of the Congo;

  • 16. Reaffirms the provisions of paragraphs 6 to 13 of resolution 1952 (2010) and requests the Group of Experts to continue to study the impact of due diligence;

  • 17. Reaffirms the provisions of paragraphs 7 to 9 of resolution 2021 (2011) and reiterates its call to the DRC and States in the Great Lakes region to require their customs authorities to strengthen their control on exports and imports of minerals from the DRC, and to cooperate at the regional level to investigate and combat regional criminal networks and armed groups involved in the illegal exploitation of natural resources;

  • 18. Recalls the mandate of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) to support the relevant Congolese authorities in preventing the provision of support to armed groups from illicit activities, including production and trade in natural resources, notably by carrying out spot checks and regular visits to mining sites, trade routes and markets, in the vicinity of the five pilot trading counters;

  • 19. Stresses the importance of the Congolese Government actively seeking to hold accountable those responsible for war crimes and crimes against humanity in the country and of regional cooperation to this end, including through its ongoing cooperation with the International Criminal Court and encourages MONUSCO to use its existing authority to assist the Congolese Government in this regard;

  • 20. Expresses its full support to the UN Group of Experts of the 1533 Committee and calls for enhanced cooperation between all States, particularly those in the region, MONUSCO and the Group of Experts, encourages further that all parties and all States ensure cooperation with the Group of Experts by individuals and entities within their jurisdiction or under their control and reiterates its demand that all parties and all States ensure the safety of its members and its support staff, and unhindered and immediate access, in particular to persons, documents and sites the Group of Experts deems relevant to the execution of its mandate;

  • 21. Calls upon the Group of Experts to cooperate actively with other relevant panels of experts, in particular that on Côte d’Ivoire re-established by paragraph 13 of resolution 1980 (2011) and that on Liberia re-established by paragraph 6 of resolution 1961 (2010) with respect to natural resources;

  • 22. Calls upon all States, particularly those in the region and those in which individuals and entities designated pursuant to paragraph 3 of this resolution are based, to regularly report to the Committee on the actions they have taken to implement the measures imposed by paragraphs 1, 2, and 3 and recommended in paragraph 8 of resolution 1952 (2010);

  • 23. Decides that, when appropriate and no later than 1 February 2014, it shall review the measures set forth in this resolution, with a view to adjusting them, as appropriate, in light of the security situation in the DRC, in particular progress in security sector reform including the integration of the armed forces and the reform of the national police, and in disarming, demobilizing, repatriating, resettling and reintegrating, as appropriate, Congolese and foreign armed groups, with a particular focus on child soldiers;

  • 24. Decides to remain actively seized of the matter.

Op 12 december 2012 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6884e zitting aangenomen Resolutie 2079 (2012) inzake Liberia. De Engelse tekst van de resolutie luidt:

Resolution 2079 (2012)
Adopted by the Security Council at its 6884th meeting, on 12 December 2012

The Security Council,

Recalling its previous resolutions and statements by its President on the situation in Liberia and West Africa,

Welcoming the sustained progress made by the Government of Liberia since January 2006, in rebuilding Liberia for the benefit of all Liberians, with the support of the international community,

Stressing that Liberia’s progress in the timber sector must continue with the effective implementation and enforcement of the National Forestry Reform Law signed into law on 5 October 2006, and other new legislation related to revenue transparency (the Liberia Extractive Industries Transparency Initiative Act) and resolution of land and tenure rights (Community Rights Law with respect to Forest Lands and Lands Commission Act),

Encouraging the Government of Liberia to reaffirm its commitment and redouble its efforts to ensure the effective implementation of the Kimberley Process Certification Scheme in Liberia and to take all possible measures to prevent rough diamond smuggling,

Encouraging the Government of Liberia to improve its control over the gold sector and adopt the necessary legislation in this regard, particularly in the regional offices, and focus its efforts on establishing effective governance of the gold production sector,

Stressing the continuing importance of the United Nations Mission in Liberia (UNMIL) in improving security throughout Liberia and helping the Government establish its authority throughout the country, particularly in population centres, border areas, and Liberia’s diamond, gold, timber, and other natural resourcesproducing regions,

Taking note of the report of the United Nations Panel of Experts on Liberia (S/2012/901),

Underlining its determination to support the Government of Liberia in its efforts to meet the conditions of resolution 1521 (2003), welcoming the engagement of the Peacebuilding Commission, and encouraging all stakeholders, including donors, to support the Government of Liberia in its efforts,

Acknowledging the implementation of the guidelines of the Department of Peacekeeping Operations on cooperation and information sharing between the United Nations peacekeeping missions and the Security Council’s Sanctions Committees’ expert panels,

Calling on all Liberian leaders to promote meaningful reconciliation and inclusive dialogue to consolidate peace and advance Liberia’s democratic development,

Determining that, despite significant progress, the situation in Liberia continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Reaffirms that the measures imposed by paragraph 1 of resolution 1532 (2004) remain in force, notes with serious concern the lack of progress with regards to the implementation of the financial measures imposed by paragraph 1 of resolution 1532 (2004), and demands that the Government of Liberia make all necessary efforts to fulfil its obligations;

  • 2. Decides for a period of 12 months from the date of adoption of this resolution:

    • a) To renew the measures on travel imposed by paragraph 4 of resolution 1521 (2003);

    • b) To renew the measures on arms, previously imposed by paragraph 2 of resolution 1521 (2003) and modified by paragraphs 1 and 2 of resolution 1683 (2006), by paragraph 1 (b) of resolution 1731 (2006), by paragraphs 3, 4, 5 and 6 of resolution 1903 (2009), and by paragraph 3 of resolution 1961 (2010);

    • c) To review the measures in this paragraph and in paragraph 1 above in light of the progress achieved in the stabilization throughout the country, with a view to possibly modifying or lifting all or part of the measures of the sanctions regime, and that such a review shall be carried out at the end of the abovementioned 12-month period, with a midterm review no later than 30 May 2013;

  • 3. Decides further to review any of the above measures at the request of the Government of Liberia, once the Government reports to the Council that the conditions set out in resolution 1521 (2003) for terminating the measures have been met, and provides the Council with information to justify its assessment;

  • 4. Urges the Government of Liberia and relevant designating States with the assistance of the Panel of Experts, to, as necessary and without delay, provide updated publicly available reasons for listing for entries on the travel ban and assets freeze lists;

  • 5. Decides to extend the mandate of the Panel of Experts appointed pursuant to paragraph 9 of resolution 1903 (2009) for a period of 12 months from the date of adoption of this resolution to undertake the following tasks in close collaboration with the Government of Liberia and the Côte d’Ivoire Group of Experts:

    • a) To conduct two follow-up assessment missions to Liberia and neighbouring States, to investigate and compile a midterm and a final report on the implementation, and any violations, of the measures on arms as amended by resolution 1903 (2009), including any information relevant to the designation by the Committee of the individuals described in paragraph 4 (a) of resolution 1521 (2003) and paragraph 1 of resolution 1532 (2004), and including the various sources of financing, such as from natural resources, for the illicit trade of arms;

    • b) To assess the impact, effectiveness, and continued need for the measures imposed by paragraph 1 of resolution 1532 (2004), including particularly with respect to the assets of former President Charles Taylor;

    • c) To identify and make recommendations regarding areas where the capacity of Liberia and the States in the region can be strengthened to facilitate the implementation of the measures imposed by paragraph 4 of resolution 1521 (2003) and paragraph 1 of resolution 1532 (2004);

    • d) Within the context of Liberia’s evolving legal framework, assess the extent to which forests and other natural resources are contributing to peace, security and development rather than to instability and to what extent relevant legislation (National Forestry Reform Law, Lands Commission Act, Community Rights Law with respect to Forest Land, and Liberia Extractive Industries Transparency Initiative Act) and other reform efforts are contributing to this transition, and to provide recommendations on how such natural resources could better contribute to the country’s progress towards sustainable peace and stability;

    • e) To cooperate actively with the Kimberley Process Certification Scheme, including during a planned KP mission in 2013, and to assess the Government of Liberia’s compliance with the Kimberley Process Certification Scheme;

    • f) To provide a midterm report to the Council through the Committee by 1 June 2013 and a final report to the Council through the Committee by 1 December 2013 on all the issues listed in this paragraph, and to provide informal updates to the Committee as appropriate before those dates, especially on progress in the forest sector since the lifting of paragraph 10 of resolution 1521 (2003) in June 2006, and in the diamond sector since the lifting of paragraph 6 of resolution 1521 (2003) in April 2007;

    • g) To cooperate actively with other relevant panels of experts, in particular that on Côte d’Ivoire re-established by paragraph 13 of resolution 1980 (2011);

    • h) To assist the Committee in updating the publicly available reasons for listing for entries on the travel ban and assets freeze lists;

  • 6. Requests the Secretary-General to reappoint the Panel of Experts and to make the necessary financial and security arrangements to support the work of the Panel;

  • 7. Calls upon all States and the Government of Liberia to cooperate fully with the Panel of Experts in all aspects of its mandate;

  • 8. Recalls that responsibility for controlling the circulation of small arms within the territory of Liberia and between Liberia and neighbouring States rests with the relevant governmental authorities in accordance with the Economic Community of West African States Convention on Small Arms and Light Weapons of 2006;

  • 9. Reaffirms the need for UNMIL and the United Nations Operations in Côte d’Ivoire (UNOCI) to regularly coordinate their strategies and operations in areas near the Liberian-Côte d’Ivoire border, to contribute to subregional security;

  • 10. States the importance of UNMIL’s continuing assistance to the Government of Liberia, the Committee, and the Panel of Experts, within its capabilities and areas of deployment, and without prejudice to its mandate, continue to carry out its tasks set forth in previous resolutions, including resolution 1683 (2006);

  • 11. Calls on the Government of Liberia to complete implementation of the recommendations of the 2009 Kimberley Process review team to strengthen internal controls over diamond mining and exports, particularly in the regional offices, and focus its efforts on improving responsible and transparent governance of natural resources;

  • 12. Encourages the Kimberley Process to continue to cooperate with the Panel of Experts and to report on developments regarding Liberia’s implementation of the Kimberley Process Certification Scheme;

  • 13. Decides to remain actively seized of the matter.

Op 17 december 2012 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6890e zitting aangenomen Resolutie 2082 (2012) inzake bedreigingen van de internationale vrede en veiligheid veroorzaakt door terroristische handelingen. De Engelse tekst van de resolutie luidt:

Resolution 2082 (2012)
Adopted by the Security Council at its 6890th meeting, on 17 December 2012

The Security Council,

Recalling its previous resolutions on international terrorism and the threat it poses to Afghanistan, in particular its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), and the relevant statements of its President,

Recalling its previous resolutions extending through 23 March 2013 the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) as established by resolution 2041 (2012),

Recalling its resolutions on the recruitment and use of children and armed conflict,

Expressing its strong concern about the security situation in Afghanistan, in particular the ongoing violent and terrorist activities by the Taliban, Al-Qaida, illegal armed groups, criminals and those involved in the narcotics trade, and the strong links between terrorism activities and illicit drugs, resulting in threats to the local population, including children, national security forces and international military and civilian personnel,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,

Stressing the importance of a comprehensive political process in Afghanistan to support reconciliation among all Afghans,

Recognizing that the security situation in Afghanistan has evolved and that some members of the Taliban have reconciled with the Government of Afghanistan, have rejected the terrorist ideology of Al-Qaida and its followers, and support a peaceful resolution to the continuing conflict in Afghanistan,

Recognizing that notwithstanding the evolution of the situation in Afghanistan and progress in reconciliation, the situation in Afghanistan remains a threat to international peace and security, and reaffirming the need to combat this threat by all means, in accordance with the Charter of the United Nations and international law, including applicable human rights, refugee and humanitarian law, stressing in this regard the important role the United Nations plays in this effort,

Reiterating its firm commitment to support the Government of Afghanistan in its efforts to advance the peace and reconciliation process, in line with the Kabul Communiqué and the Bonn Conference Conclusions, and within the framework of the Afghan Constitution and application of the procedures introduced by the Security Council in its resolution 1988 (2011) as well as other relevant resolutions of the Council,

Welcoming the decision taken by some members of the Taliban to reconcile with the Government of Afghanistan, to reject the terrorist ideology of Al-Qaida and its followers, and to support a peaceful resolution to the continuing conflict in Afghanistan, and urging all those individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan, to accept the Government of Afghanistan’s offer of reconciliation,

Reiterating the need to ensure that the present sanctions regime contributes effectively to ongoing efforts to combat the insurgency and support the Government of Afghanistan’s work to advance reconciliation in order to bring about peace, stability, and security in Afghanistan,

Taking note of the Government of Afghanistan’s request that the Security Council support national reconciliation, including by removing names from the United Nations sanctions lists for those who reconcile, and, therefore, have ceased to engage in or support activities that threaten the peace, stability and security of Afghanistan,

Expressing its intention to give due regard to lifting sanctions on those who reconcile,

Welcoming the appointment of the new chairman of the High Peace Council in April 2012 as an important step in the Afghan-led and Afghan-owned peace and reconciliation process,

Stressing the central and impartial role that the United Nations continues to play in promoting peace, stability and security in Afghanistan, and expressing its appreciation and strong support for the ongoing efforts of the Secretary-General and his Special Representative for Afghanistan to assist the High Peace Council’s peace and reconciliation efforts,

Reiterating its support for the fight against illicit production and trafficking of drugs from, and chemical precursors to, Afghanistan, in neighbouring countries, countries on trafficking routes, drug destination countries and precursors producing countries,

Condemning the incidence of kidnapping and hostage-taking with the aim of raising funds, or gaining political concessions, and expressing the need for this issue to be addressed,

Acting under Chapter VII of the Charter of the United Nations,

Measures

  • 1. Decides that all States shall take the following measures with respect to individuals and entities designated prior to the date of adoption of resolution 1988 (2011) as the Taliban, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Committee established in paragraph 30 of resolution 1988 (“the Committee”) (hereafter known as “the List”):

    • a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons’ benefit, by their nationals or by persons within their territory;

    • b) Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified, including where this directly relates to supporting efforts by the Government of Afghanistan to promote reconciliation;

    • c) Prevent the direct or indirect supply, sale, or transfer to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance, or training related to military activities;

  • 2. Decides that the acts or activities indicating that an individual, group, undertaking or entity is eligible for designation under paragraph 1 include:

    • a) Participating in the financing, planning, facilitating, preparing or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;

    • b) Supplying, selling or transferring arms and related materiel to;

    • c) Recruiting for; or

    • d) Otherwise supporting acts or activities of those designated and other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;

  • 3. Affirms that any undertaking or entity owned or controlled, directly or indirectly by, or otherwise supporting, such an individual, group, undertaking or entity on the List, shall be eligible for designation;

  • 4. Notes that such means of financing or support include but are not limited to the use of proceeds derived from illicit cultivation, production and trafficking of narcotic drugs and their precursors originating in and transiting through Afghanistan;

  • 5. Confirms that the requirements in paragraph 1 (a) above apply to financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting or related services, used for the support of those on this List, as well as other individuals, groups, undertakings or entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;

  • 6. Confirms further that the requirements in paragraph 1 (a) above shall also apply to the payment of ransoms to individuals, groups, undertakings or entities on the List;

  • 7. Decides that Member States may permit the addition to accounts frozen pursuant to the provisions of paragraph 1 above of any payment in favour of listed individuals, groups, undertakings or entities, provided that any such payments continue to be subject to the provisions in paragraph 1 above and are frozen;

Exemptions

  • 8. Recalls its decision that all Member States may make use of the provisions set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006) regarding available exemptions with regard to the measures in paragraph 1 (a), and encourages their use by Member States;

  • 9. Underlines the importance of a comprehensive political process in Afghanistan to support peace and reconciliation among all Afghans, invites the Government of Afghanistan, in close coordination with the High Peace Council, to submit for the Committee’s consideration the names of listed individuals for whom it confirms travel to such specified location or locations is necessary to participate in meetings in support of peace and reconciliation, and requires such submissions to include, to the extent possible, the following information:

    • a) The passport number or travel document number of the listed individual;

    • b) The specific location or locations to which each listed individual is expected to travel and their anticipated transit points, if any;

    • c) The period of time, not to exceed nine months, during which listed individuals are expected to travel;

  • 10. Decides that the travel ban imposed by paragraph 1 (b) shall not apply to individuals identified pursuant to paragraph 9 above, where the Committee determines, on a case-by-case basis only, that such entry or transit is justified, further decides that any such exemption approved by the Committee shall only be granted for the requested period for any travel to the specified location or locations, directs the Committee to decide on all such exemption requests, as well as on requests to amend or renew previously granted exemptions, or on a request by any Member State to revoke previously granted exemptions, within ten days of receiving them; and affirms that, notwithstanding any exemption from the travel ban, listed individuals remain subject to the other measures outlined in paragraph 1 of this resolution;

  • 11. Requests the Government of Afghanistan, through the Monitoring Team, to provide to the Committee, for its consideration and review, a report on each individual’s travel under a granted exemption, promptly upon the exemption’s expiration, and encourages relevant Member States to provide information to the Committee, as appropriate, on any instances of non-compliance;

Listing

  • 12. Encourages all Member States, in particular the Government of Afghanistan, to submit to the Committee for inclusion on the List names of individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities described in paragraph 2 above;

  • 13. Recalls its decision that, when proposing names to the Committee for inclusion on the List, Member States shall provide the Committee with as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings and entities, and to the extent possible, the information required by INTERPOL to issue a Special Notice; and directs the Monitoring Team to report to the Committee on further steps that could be taken to improve identifying information, as well as steps to ensure that INTERPOL-UN Special Notices exist for all listed individuals, groups, undertakings, and entities;

  • 14. Recalls its decision that, when proposing names to the Committee for inclusion on the List, Member States shall also provide a detailed statement of case, and that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 15 below;

  • 15. Directs the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to make accessible on the Committee’s website, at the same time a name is added to the List, a narrative summary of reasons for listing for the corresponding entry;

  • 16. Calls upon all members of the Committee and the Monitoring Team to share with the Committee any appropriate information they may have available regarding a listing request from a Member State so that this information may help inform the Committee’s decision on designation and provide additional material for the narrative summary of reasons for listing described in paragraph 15;

  • 17. Requests the Secretariat to publish on the Committee’s website all relevant publicly releasable information, including the narrative summary of reasons for listing, immediately after a name is added to the List, and highlights the importance of making the narrative summary of reasons for listing available in all official languages of the United Nations in a timely manner;

  • 18. Strongly urges Member States, when considering the proposal of a new designation, to consult with the Government of Afghanistan on the designation prior to submission to the Committee, to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts, and encourages all Member States considering the proposal of a new designation to seek advice from UNAMA, where appropriate;

  • 19. Decides that the Committee shall, after publication but within three working days after a name is added to the List, notify the Government of Afghanistan, the Permanent Mission of Afghanistan, and the Permanent Mission of the State(s) where the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of which the person is believed to be a national;

Delisting

  • 20. Directs the Committee to remove expeditiously individuals and entities on a case-by-case basis that no longer meet the listing criteria outlined in paragraph 2 above, and requests that the Committee give due regard to requests for removal of individuals who have reconciled, in accordance with the 20 July 2010 Kabul Conference Communiqué on dialogue for all those who renounce violence, have no links to international terrorist organizations, including Al-Qaida, respect the constitution, including its human rights provisions, notably the rights of women, and are willing to join in building a peaceful Afghanistan, and as further elaborated in the principles and outcomes of the 5 December 2011 Bonn Conference Conclusions supported by the Government of Afghanistan and the international community;

  • 21. Strongly urges Member States to consult with the Government of Afghanistan on their delisting requests prior to submission to the Committee, to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts;

  • 22. Recalls its decision that individuals and entities seeking removal from the List without the sponsorship of a Member State are eligible to submit such requests to the Focal Point mechanism established in resolution 1730 (2006);

  • 23. Encourages UNAMA to support and facilitate cooperation between the Government of Afghanistan and the Committee to ensure that the Committee has sufficient information to consider delisting requests, and directs the Committee to consider delisting requests in accordance with the following principles, where relevant:

    • a) Delisting requests concerning reconciled individuals should, if possible, include a communication from the High Peace Council through the Government of Afghanistan confirming the reconciled status of the individual according to the reconciliation guidelines, or, in the case of individuals reconciled under the Strengthening Peace Programme, documentation attesting to their reconciliation under the previous programme; as well as current address and contact information;

    • b) Delisting requests concerning individuals who formerly held positions in the Taliban regime prior to 2002 who no longer meet the listing criteria outlined in paragraph 2 of this resolution should, if possible, include a communication from the Government of Afghanistan confirming that the individual is not an active supporter of, or participant in, acts that threaten the peace, stability and security of Afghanistan, as well as current address and contact information;

    • c) Delisting requests for reportedly deceased individuals should include an official statement of death from the State of nationality, residence, or other relevant State;

  • 24. Urges the Committee, where appropriate, to invite a representative of the Government of Afghanistan to appear before the Committee to discuss the merits of listing or delisting certain individuals, groups, undertakings, and entities, including when a request by the Government of Afghanistan has been put on hold or rejected by the Committee;

  • 25. Requests all Member States, but particularly the Government of Afghanistan, to inform the Committee if they become aware of any information indicating that an individual, group, undertaking or entity that has been delisted should be considered for designation under paragraph 1 of this resolution, and further requests that the Government of Afghanistan provide to the Committee an annual report on the status of reportedly reconciled individuals who have been delisted by the Committee in the previous year;

  • 26. Directs the Committee to consider expeditiously any information indicating that a delisted individual has returned to activities set forth in paragraph 2, including by engaging in acts inconsistent with paragraph 20 of this resolution, and requests the Government of Afghanistan or other Member States, where appropriate, to submit a request to add that individual’s name back on the list;

  • 27. Confirms that the Secretariat shall, as soon as possible after the Committee has made a decision to remove a name from the List, transmit the decision to the Government of Afghanistan and the Permanent Mission of Afghanistan for notification, and the Secretariat should also, as soon as possible, notify the Permanent Mission of the State(s) in which the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of nationality, and recalls its decision that States receiving such notification take measures, in accordance with domestic laws and practices, to notify or inform the concerned individual or entity of the delisting in a timely manner;

Review and maintenance of the List

  • 28. Recognizes that the ongoing conflict in Afghanistan, and the urgency that the Government of Afghanistan and the international community attach to a peaceful political solution to the conflict, requires timely and expeditious modifications to the List, including the addition and removal of individuals and entities, urges the Committee to decide on listing and delisting requests in a timely manner, requests the Committee to review each entry on the list on a regular basis, including, as appropriate, by means of reviews of individuals considered to be reconciled, individuals whose entries lack identifiers, individuals reportedly deceased, and entities reported or confirmed to have ceased to exist, directs the Committee to review and amend its guidelines for such reviews, as appropriate, and requests the Monitoring Team to circulate to the Committee every twelve months:

    • a) A list of individuals on the List whom the Afghan Government considers to be reconciled along with relevant documentation as outlined in paragraph 23 (a);

    • b) A list of individuals and entities on the List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them; and,

    • c) A list of individuals on the List who are reportedly deceased and entities that are reported or confirmed to have ceased to exist, along with the documentation requirements outlined in paragraph 23 (c);

  • 29. Decides that, with the exception of decisions made pursuant to paragraph 10 of this resolution, no matter shall be left pending before the Committee for a period longer than six months, urges Committee members to respond within three months, and directs the Committee to update its guidelines as appropriate;

  • 30. Urges the Committee to ensure that there are fair and clear procedures for the conduct of its work, and directs the Committee to review its guidelines as soon as possible, in particular with respect to paragraphs 8, 9, 10, 11, 13, 14, 17, 24, 28, 29 and 32;

  • 31. Encourages Member States and relevant international organizations to send representatives to meet with the Committee to share information and discuss any relevant issues; and

Cooperation with the Government of Afghanistan

  • 32. Welcomes periodic briefings from the Government of Afghanistan on the content of the list, as well as on the impact of targeted sanctions on deterring threats to the peace, stability and security of Afghanistan, and supporting Afghan-led reconciliation;

  • 33. Encourages continued cooperation amongst the Committee, the Government of Afghanistan, and UNAMA, including by identifying and providing detailed information regarding individuals and entities participating in the financing or support of acts or activities set forth in paragraph 2 of this resolution, and by inviting UNAMA representatives to address the Committee;

  • 34. Welcomes the Government of Afghanistan’s desire to assist the Committee in the coordination of listing and delisting requests and in the submission of all relevant information to the Committee;

Monitoring Team

  • 35. Decides, in order to assist the Committee in fulfilling its mandate, that the 1267 Monitoring Team, established pursuant to paragraph 7 of resolution 1526 (2004), shall also support the Committee for a period of thirty months, with the mandate set forth in the annex of this resolution, and requests the Secretary-General to make any necessary arrangements to this effect;

  • 36. Directs the Monitoring Team to gather information on instances of non-compliance with the measures imposed in this resolution and to keep the Committee informed of such instances, as well as to facilitate, upon request by Member States, assistance on capacity-building, encourages Committee members to address issues of non-compliance and bring them to the attention of the Monitoring Team or Committee, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;

Coordination and Outreach

  • 37. Recognizes the need to maintain contact with relevant United Nations Security Council Committees, international organizations and expert groups, including the Committee established pursuant to resolution 1267 (1999), the Counter-Terrorism Committee (CTC), the United Nations Office of Drugs and Crime, the Counter-Terrorism Committee Executive Directorate (CTED), and the Committee established pursuant to resolution 1540 (2004), particularly given the continuing presence and negative influence on the Afghan conflict by Al-Qaida, and any cell, affiliate, splinter group or derivative thereof;

  • 38. Encourages UNAMA to provide assistance to the High Peace Council, at its request, to encourage listed individuals to reconcile;

Reviews

  • 39. Decides to review the implementation of the measures outlined in this resolution in eighteen months and make adjustments, as necessary, to support peace and stability in Afghanistan;

  • 40. Decides to remain actively seized of the matter.


Annex

In accordance with paragraph 35 of this resolution, the Monitoring Team shall operate under the direction of the Committee and shall have the following responsibilities:

  • a) To submit, in writing, two comprehensive, independent reports to the Committee, one by 30 September 2013, and the second by 30 April 2014, on implementation by Member States of the measures referred to in paragraph 1 of this resolution, including specific recommendations for improved implementation of the measures and possible new measures;

  • b) To assist the Committee in regularly reviewing names on the List, including by undertaking travel and contact with Member States, with a view to developing the Committee’s record of the facts and circumstances relating to a listing;

  • c) To assist the Committee in following up on requests to Member States for information, including with respect to implementation of the measures referred to in paragraph 1 of this resolution;

  • d) To submit a comprehensive programme of work to the Committee for its review and approval, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel;

  • e) To gather information on behalf of the Committee on instances of reported non-compliance with the measures referred to in paragraph 1 of this resolution, including by collating information collected from Member States and engaging with suspected non-compliant parties, and submitting case studies, both on its own initiative and upon the Committee’s request, to the Committee for its review;

  • f) To present to the Committee recommendations, which could be used by Member States to assist them with the implementation of the measures referred to in paragraph 1 of this resolution and in preparing proposed additions to the List;

  • g) To assist the Committee in its consideration of proposals for listing, including by compiling and circulating to the Committee information relevant to the proposed listing, and preparing a draft narrative summary referred to in paragraph 15;

  • h) To bring to the Committee’s attention new or noteworthy circumstances that may warrant a delisting, such as publicly reported information on a deceased individual;

  • i) To consult with Member States in advance of travel to selected Member States, based on its programme of work as approved by the Committee;

  • j) To encourage Member States to submit names and additional identifying information for inclusion on the List, as instructed by the Committee;

  • k) To present to the Committee additional identifying and other information to assist the Committee in its efforts to keep the List as updated and accurate as possible;

  • l) To collate, assess, monitor and report on and make recommendations regarding implementation of the measures; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;

  • m) To consult with Member States and other relevant organizations and bodies, including UNAMA, and engage in regular dialogue with representatives in New York and in capitals, taking into account their comments, especially regarding any issues that might be contained in the Monitoring Team’s reports referred to in paragraph (a) of this annex;

  • n) To consult with Member States’ intelligence and security services, including through regional forums, in order to facilitate the sharing of information and to strengthen enforcement of the measures;

  • o) To consult with relevant representatives of the private sector, including financial institutions, to learn about the practical implementation of the assets freeze and to develop recommendations for the strengthening of that measure;

  • p) To work with relevant international and regional organizations in order to promote awareness of, and compliance with, the measures;

  • q) To work with INTERPOL and Member States to obtain photographs of listed individuals for possible inclusion in INTERPOL Special Notices;

  • r) To assist other subsidiary bodies of the Security Council, and their expert panels, upon request, with enhancing their cooperation with INTERPOL, referred to in resolution 1699 (2006);

  • s) To assist the Committee in facilitating assistance in capacity-building for enhancing implementation of the measures, upon request by Member States;

  • t) To report to the Committee, on a regular basis or when the Committee so requests, through oral and/or written briefings on the work of the Monitoring Team, including its visits to Member States and its activities;

  • u) To report periodically, as appropriate, to the Committee on linkages between Al-Qaida and those individuals, groups, undertakings and entities eligible for designation under paragraph 1 of this resolution or any other relevant sanctions resolutions;

  • v) To gather information, including from the Government of Afghanistan and relevant Member States, on travel that takes place under a granted exemption, pursuant to paragraphs 9 and 10, and to report to the Committee, as appropriate; and

  • w) Any other responsibility identified by the Committee.

Op 17 december 2012 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6890e zitting aangenomen Resolutie 2083 (2012) inzake bedreigingen van de internationale vrede en veiligheid veroorzaakt door terroristische handelingen. De Engelse tekst van de resolutie luidt:

Resolution 2083 (2012)
Adopted by the Security Council at its 6890th meeting, on 17 December 2012

The Security Council,

Recalling its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), and 1989 (2011), and the relevant statements of its President,

Reaffirming that terrorism in all its forms and manifestations constitutes one of the most serious threats to peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed, and reiterating its unequivocal condemnation of Al-Qaida and other individuals, groups, undertakings and entities associated with it, for ongoing and multiple criminal terrorist acts aimed at causing the deaths of innocent civilians and other victims, destruction of property and greatly undermining stability,

Reaffirming that terrorism cannot and should not be associated with any religion, nationality or civilization,

Recalling the Presidential Statement of the Security Council (S/PRST/2012/17) of 4 May 2012 on threats to international peace and security caused by terrorist acts,

Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights, refugee and humanitarian law, threats to international peace and security caused by terrorist acts, stressing in this regard the important role the United Nations plays in leading and coordinating this effort,

Expressing concern at the increase in incidents of kidnapping and hostagetaking by terrorist groups with the aim of raising funds, or gaining political concessions, and reiterating the continued need for this issue to be addressed,

Stressing that terrorism can only be defeated by a sustained and comprehensive approach involving the active participation and collaboration of all States, and international and regional organizations to impede, impair, isolate and incapacitate the terrorist threat,

Emphasizing that sanctions are an important tool under the Charter of the United Nations in the maintenance and restoration of international peace and security, and stressing in this regard the need for robust implementation of the measures in paragraph 1 of this resolution as a significant tool in combating terrorist activity,

Urging all Member States to participate actively in maintaining and updating the list created pursuant to resolutions 1267 (1999), 1333 (2000) and 1989 (2011) (“the Al-Qaida Sanctions List”) by contributing additional information pertinent to current listings, submitting delisting requests when appropriate, and by identifying and nominating for listing additional individuals, groups, undertakings and entities which should be subject to the measures referred to in paragraph 1 of this resolution,

Reminding the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) (“the Committee”) to remove expeditiously and on a case-by-case basis individuals and entities that no longer meet the criteria for listing outlined in this resolution,

Recognizing the challenges, both legal and otherwise, to the measures implemented by Member States under paragraph 1 of this resolution, welcoming improvements to the Committee’s procedures and the quality of the Al-Qaida Sanctions List, and expressing its intent to continue efforts to ensure that procedures are fair and clear,

Welcoming the establishment of the Office of the Ombudsperson pursuant to resolution 1904 (2009) and the enhancement of the Ombudsperson’s mandate in resolution 1989 (2011), noting the Office of the Ombudsperson’s significant contribution in providing additional fairness and transparency, recalling the Security Council’s firm commitment to ensuring that the Office of the Ombudsperson is able to continue to carry out its role effectively, in accordance with its mandate, and recalling also the Presidential Statement of the Security Council (S/PRST/2011/5) of 28 February 2011,

Welcoming the Ombudsperson’s biannual reports to the Security Council, including the reports submitted on 21 January 2011, 22 July 2011, 20 January 2012 and 30 July 2012,

Reiterating that the measures referred to in paragraph 1 of this resolution are preventative in nature and are not reliant upon criminal standards set out under national law,

Welcoming the third review in June 2012 by the General Assembly of the United Nations Global Counter-Terrorism Strategy (A/RES/60/288) of 8 September 2006 and the creation of the Counter-Terrorism Implementation Task Force (CTITF) to ensure overall coordination and coherence in the counter-terrorism efforts of the United Nations system,

Welcoming the continuing cooperation between the Committee and INTERPOL, the United Nations Office on Drugs and Crime, in particular on technical assistance and capacity-building, and all other United Nations bodies, and encouraging further engagement with the CTITF to ensure overall coordination and coherence in the counter-terrorism efforts of the UN system,

Recognizing the need to take measures to prevent and suppress the financing of terrorism and terrorist organizations, including from the proceeds of organized crime, inter alia, the illicit production and trafficking of drugs and their chemical precursors, and the importance of continued international cooperation to that aim,

Noting with concern the continued threat posed to international peace and security by Al-Qaida and other individuals, groups, undertakings and entities associated with it, reaffirming its resolve to address all aspects of that threat,

Noting that, in some instances, certain individuals, groups, undertakings and entities that meet the criteria for listing set forth in paragraph 3 of resolution 1988 (2011) or other relevant sanctions resolutions may also meet the criteria for listing set forth in paragraph 4 of this resolution,

Acting under Chapter VII of the Charter of the United Nations,

Measures

  • 1. Decides that all States shall take the measures as previously imposed by paragraph 8 (c) of resolution 1333 (2000), paragraphs 1 and 2 of resolution 1390 (2002), and paragraphs 1 and 4 of resolution 1989 (2011), with respect to Al-Qaida and other individuals, groups, undertakings and entities associated with them:

    • a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons’ benefit, by their nationals or by persons within their territory;

    • b) Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified;

    • c) Prevent the direct or indirect supply, sale, or transfer to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance or training related to military activities;

  • 2. Reaffirms that acts or activities indicating that an individual, group, undertaking or entity is associated with Al-Qaida include:

    • a) Participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;

    • b) Supplying, selling or transferring arms and related materiel to;

    • c) Recruiting for; or otherwise supporting acts or activities of Al-Qaida or any cell, affiliate, splinter group or derivative thereof;

  • 3. Confirms that any individual, group, undertaking or entity either owned or controlled, directly or indirectly, by, or otherwise supporting, any individual, group, undertaking or entity associated with Al-Qaida, including on the Al-Qaida Sanctions List, shall be eligible for designation;

  • 4. Confirms that the requirements in paragraph 1 (a) above apply to financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting or related services, used for the support of Al-Qaida and other individuals, groups, undertakings or entities associated with it;

  • 5. Notes that such means of financing or support include but are not limited to the use of proceeds derived from crime, including the illicit cultivation, production and trafficking of narcotic drugs and their precursors;

  • 6. Confirms further that the requirements in paragraph 1 (a) above shall also apply to the payment of ransoms to individuals, groups, undertakings or entities on the Al-Qaida Sanctions List;

  • 7. Decides that Member States may permit the addition to accounts frozen pursuant to the provisions of paragraph 1 above of any payment in favour of listed individuals, groups, undertakings or entities, provided that any such payments continue to be subject to the provisions in paragraph 1 above and are frozen;

  • 8. Encourages Member States to make use of the provisions regarding available exemptions to the measures in paragraph 1 (a) above, set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), and authorizes the Focal Point mechanism established in resolution 1730 (2006) to receive exemption requests submitted by, or on behalf of, an individual, group, undertaking or entity on the Al-Qaida Sanctions List, or by the legal representative or estate of such individual, group, undertaking or entity, for Committee consideration, as described in paragraph 37 below;

  • 9. Directs the Committee to cooperate with other relevant Security Council Sanctions Committees, in particular that established pursuant to resolution 1988 (2011);

Listing

  • 10. Encourages all Member States to submit to the Committee for inclusion on the Al-Qaida Sanctions List names of individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities of Al-Qaida, and other individuals, groups, undertakings and entities associated with them, as described in paragraph 2 of resolution 1617 (2005) and reaffirmed in paragraph 2 above;

  • 11. Reaffirms that, when proposing names to the Committee for inclusion on the Al-Qaida Sanctions List, Member States shall act in accordance with paragraph 5 of resolution 1735 (2006) and paragraph 12 of resolution 1822 (2008), and provide a statement of case, which should include detailed reasons on the proposed basis for the listing, and decides further that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 14 below;

  • 12. Decides that Member States proposing a new designation, as well as Member States that have proposed names for inclusion on the Al-Qaida Sanctions List before the adoption of this resolution, shall specify if the Committee or the Ombudsperson may not make known the Member State’s status as a designating State;

  • 13. Recalls its decision that Member States, when proposing names to the Committee for inclusion on the Al-Qaida Sanctions List shall use the standard form for listing, and provide the Committee with as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings and entities, and to the extent possible, the information required by INTERPOL to issue a Special Notice, and directs the Committee to update, as necessary, the standard form for listing in accordance with the provisions of this resolution; and further directs the Monitoring Team to report to the Committee on further steps that could be taken to improve identifying information, as well as steps to ensure that INTERPOL-UN Special Notices exist for all listed individuals, groups, undertakings, and entities;

  • 14. Welcomes efforts by the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to make accessible on the Committee’s website, at the same time a name is added to the Al-Qaida Sanctions List, a narrative summary of reasons for listing for the corresponding entry, and directs the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to continue its efforts to make accessible on the Committee’s website narrative summaries of reasons for all listings;

  • 15. Encourages Member States and relevant international organizations and bodies to inform the Committee of any relevant court decisions and proceedings so that the Committee can consider them when it reviews a corresponding listing or updates a narrative summary of reasons for listing;

  • 16. Calls upon all members of the Committee and the Monitoring Team to share with the Committee any information they may have available regarding a listing request from a Member State so that this information may help inform the Committee’s decision on designation and provide additional material for the narrative summary of reasons for listing described in paragraph 14;

  • 17. Reaffirms that the Secretariat shall, after publication but within three working days after a name is added to the Al-Qaida Sanctions List, notify the Permanent Mission of the country or countries where the individual or entity is believed to be located and, in the case of individuals, the country of which the person is a national (to the extent this information is known), in accordance with paragraph 10 of resolution 1735 (2006), requests the Secretariat to publish on the Committee’s website all relevant publicly releasable information, including the narrative summary of reasons for listing, immediately after a name is added to the Al-Qaida Sanctions List, and highlights the importance of making the narrative summary of reasons for listing available in all official languages of the United Nations in a timely manner;

  • 18. Reaffirms further the provisions in paragraph 17 of resolution 1822 (2008) regarding the requirement that Member States take all possible measures, in accordance with their domestic laws and practices, to notify or inform in a timely manner the listed individual or entity of the designation and to include with this notification the narrative summary of reasons for listing, a description of the effects of designation, as provided in the relevant resolutions, the Committee’s procedures for considering delisting requests, including the possibility of submitting such a request to the Ombudsperson in accordance with paragraph 21 of resolution 1989 (2011) and annex II of this resolution, and the provisions of resolution 1452 (2002) regarding available exemptions;

Delisting/Ombudsperson

  • 19. Decides to extend the mandate of the Office of the Ombudsperson, established by resolution 1904 (2009), as reflected in the procedures outlined in annex II of this resolution, for a period of thirty months from the date of adoption of this resolution, decides that the Ombudsperson shall continue to receive requests from individuals, groups, undertakings or entities seeking to be removed from the Al-Qaida Sanctions List in an independent and impartial manner and shall neither seek nor receive instructions from any government, and decides that the Ombudsperson shall present to the Committee observations and a recommendation on the delisting of those individuals, groups, undertakings or entities that have requested removal from the Al-Qaida Sanctions List through the Office of the Ombudsperson, either a recommendation to retain the listing or a recommendation that the Committee consider delisting;

  • 20. Recalls its decision that the requirement for States to take the measures described in paragraph 1 of this resolution shall remain in place with respect to that individual, group, undertaking or entity, where the Ombudsperson recommends retaining the listing in the Comprehensive Report of the Ombudsperson on a delisting request pursuant to annex II;

  • 21. Recalls its decision that the requirement for States to take the measures described in paragraph 1 of this resolution shall terminate with respect to that individual, group, undertaking or entity sixty days after the Committee completes consideration of a Comprehensive Report of the Ombudsperson, in accordance with annex II of this resolution, including paragraph 6 (h) thereof, where the Ombudsperson recommends that the Committee consider delisting, unless the Committee decides by consensus before the end of that sixty-day period that the requirement shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of sixty days; and provided further that, in the event of such a request, the requirement for States to take the measures described in paragraph 1 of this resolution shall remain in force for that period with respect to that individual, group, undertaking or entity until the question is decided by the Security Council;

  • 22. Requests the Secretary-General to continue to strengthen the capacity of the Office of the Ombudsperson by providing necessary resources, including for translation services, as appropriate, to ensure its continued ability to carry out its mandate in an effective and timely manner;

  • 23. Strongly urges Member States to provide all relevant information to the Ombudsperson, including any relevant confidential information, where appropriate, encourages Member States to provide relevant information in a timely manner, welcomes those national arrangements entered into by Member States with the Office of the Ombudsperson to facilitate the sharing of confidential information, encourages Member States’ further cooperation in this regard, and confirms that the Ombudsperson must comply with any confidentiality restrictions that are placed on such information by Member States providing it;

  • 24. Requests that Member States and relevant international organizations and bodies encourage individuals and entities that are considering challenging or are already in the process of challenging their listing through national and regional courts to seek removal from the Al-Qaida Sanctions List by submitting delisting petitions to the Office of the Ombudsperson;

  • 25. Notes the Financial Action Task Force (FATF) international standards and, inter alia, best practices relating to targeted financial sanctions, as referenced in paragraph 44 of this resolution;

  • 26. Recalls its decision that when the designating State submits a delisting request, the requirement for States to take the measures described in paragraph 1 of this resolution shall terminate with respect to that individual, group, undertaking or entity after sixty days unless the Committee decides by consensus before the end of that sixty-day period that the measures shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of sixty days; and provided further that, in the event of such a request, the requirement for States to take the measures described in paragraph 1 of this resolution shall remain in force for that period with respect to that individual, group, undertaking or entity until the question is decided by the Security Council;

  • 27. Recalls its decision that, for purposes of submitting a delisting request in paragraph 26, consensus must exist between or among all designating States in cases where there are multiple designating States; and further recalls its decision that co-sponsors of listing requests shall not be considered designating States for purposes of paragraph 26;

  • 28. Strongly urges designating States to allow the Ombudsperson to reveal their identities as designating States, to those listed individuals and entities that have submitted delisting petitions to the Ombudsperson;

  • 29. Directs the Committee to continue to work, in accordance with its guidelines, to consider delisting requests of Member States for the removal from the Al-Qaida Sanctions List of individuals, groups, undertakings and entities that are alleged to no longer meet the criteria established in the relevant resolutions, and set out in paragraph 2 of the present resolution, which shall be placed on the Committee’s agenda upon request of a member of the Committee, and strongly urges Member States to provide reasons for submitting their delisting requests;

  • 30. Encourages States to submit delisting requests for individuals that are officially confirmed to be dead, particularly where no assets are identified, and for entities reported or confirmed to have ceased to exist, while at the same time taking all reasonable measures to ensure that the assets that had belonged to these individuals or entities have not been or will not be transferred or distributed to other individuals, groups, undertakings and entities on the Al-Qaida Sanctions List;

  • 31. Encourages Member States, when unfreezing the assets of a deceased individual or an entity that is reported or confirmed to have ceased to exist as a result of a delisting, to recall the obligations set forth in resolution 1373 (2001) and, particularly, to prevent unfrozen assets from being used for terrorist purposes;

  • 32. Decides that, prior to the unfreezing of any assets that have been frozen as a result of the listing of Usama bin Laden, Member States shall submit to the Committee a request to unfreeze such assets and shall provide assurances to the Committee that the assets will not be transferred, directly or indirectly, to a listed individual, group, undertaking or entity, or otherwise used for terrorist purposes in line with Security Council resolution 1373 (2001), and decides further that such assets may only be unfrozen in the absence of an objection by a Committee member within thirty days of receiving the request, and stresses the exceptional nature of this provision, which shall not be considered as establishing a precedent;

  • 33. Calls upon the Committee when considering delisting requests to give due consideration to the opinions of designating State(s), State(s) of residence, nationality, location or incorporation, and other relevant States as determined by the Committee, directs Committee members to provide their reasons for objecting to delisting requests at the time the request is objected to, and calls upon the Committee to share its reasons with relevant Member States and national and regional courts and bodies, where appropriate;

  • 34. Encourages all Member States, including designating States and States of residence and nationality, to provide all information to the Committee relevant to the Committee’s review of delisting petitions, and to meet with the Committee, if requested, to convey their views on delisting requests, and further encourages the Committee, where appropriate, to meet with representatives of national or regional organizations and bodies that have relevant information on delisting petitions;

  • 35. Confirms that the Secretariat shall, within 3 days after a name is removed from the Al-Qaida Sanctions List, notify the Permanent Mission of the State(s) of residence, nationality, location or incorporation (to the extent this information is known), and decides that States receiving such notification shall take measures, in accordance with their domestic laws and practices, to notify or inform the concerned individual or entity of the delisting in a timely manner;

Exemptions

  • 36. Decides that, in cases in which the Ombudsperson is unable to interview a petitioner in his or her state of residence, the Ombudsperson may request, with the agreement of the petitioner, that the Committee consider granting an exemption to the restriction on travel in paragraph 1 (b) of this resolution for the sole purpose of allowing the petitioner to travel to another State to be interviewed by the Ombudsperson for a period no longer than necessary to participate in this interview, provided that all States of transit and destination do not object to such travel, and further directs the Committee to notify the Ombudsperson of the Committee’s decision;

  • 37. Decides that the Focal Point mechanism established in resolution 1730 (2006) may:

    • a) Receive requests from listed individuals, groups, undertakings, and entities for exemptions to the measures outlined in paragraph 1 (a) of this resolution, as defined in resolution 1452 (2002) provided that the request has first been submitted for the consideration of the State of residence, and decides further that the Focal Point shall transmit such requests to the Committee for a decision, directs the Committee to consider such requests, including in consultation with the State of residence and any other relevant States, and further directs the Committee, through the Focal Point, to notify such individuals, groups, undertaking or entities of the Committee’s decision;

    • b) Receive requests from listed individuals for exemptions to the measures outlined in paragraph 1 (b) of this resolution and transmit these to the Committee to determine, on a case-by-case basis, whether entry or transit is justified, directs the Committee to consider such requests in consultation with States of transit and destination and any other relevant States, and decides further that the Committee shall only agree to exemptions to the measures in paragraph 1 (b) of this resolution with the agreement of the States of transit and destination, and further directs the Committee, through the Focal Point, to notify such individuals of the Committee’s decision;

Review and maintenance of the Al-Qaida Sanctions List

  • 38. Encourages all Member States, in particular designating States and States of residence or nationality, to submit to the Committee additional identifying and other information, along with supporting documentation, on listed individuals, groups, undertakings and entities, including updates on the operating status of listed entities, groups and undertakings, the movement, incarceration or death of listed individuals and other significant events, as such information becomes available;

  • 39. Requests the Monitoring Team to circulate to the Committee every six months a list of individuals and entities on the Al-Qaida Sanctions List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them, and directs the Committee to review these listings to decide whether they remain appropriate;

  • 40. Reaffirms that the Monitoring Team should circulate to the Committee every six months a list of individuals on the Al-Qaida Sanctions List who are reportedly deceased, along with an assessment of relevant information such as the certification of death, and to the extent possible, the status and location of frozen assets and the names of any individuals or entities who would be in a position to receive any unfrozen assets, directs the Committee to review these listings to decide whether they remain appropriate, and calls upon the Committee to remove listings of deceased individuals, where credible information regarding death is available;

  • 41. Reaffirms that the Monitoring Team should circulate to the Committee every six months a list of entities on the Al-Qaida Sanctions List that are reported or confirmed to have ceased to exist, along with an assessment of any relevant information, directs the Committee to review these listings to decide whether they remain appropriate, and calls upon the Committee to remove such listings where credible information is available;

  • 42. Further directs the Committee, in light of the completion of the review described in paragraph 25 of resolution 1822 (2008), to conduct an annual review of all names on the Al-Qaida Sanctions List that have not been reviewed in three or more years (“the triennial review”), in which the relevant names are circulated to the designating States and States of residence, nationality, location or incorporation, where known, pursuant to the procedures set forth in the Committee guidelines, to ensure the Al-Qaida Sanctions List is as updated and accurate as possible through identifying listings that no longer remain appropriate and confirming listings that remain appropriate, and notes that the Committee’s consideration of a delisting request after the date of adoption of this resolution, pursuant to the procedures set out in annex II of this resolution, should be considered equivalent to a review conducted pursuant to paragraph 26 of resolution 1822 (2008);

Measures implementation

  • 43. Reiterates the importance of all States identifying, and if necessary introducing, adequate procedures to implement fully all aspects of the measures described in paragraph 1 above; and recalling paragraph 7 of resolution 1617 (2005), strongly urges all Member States to implement the comprehensive international standards embodied in the Financial Action Task Force’s (FATF) revised Forty Recommendations on Combating Money Laundering and the Financing of Terrorism and Proliferation, particularly Recommendation 6 on targeted financial sanctions related to terrorism and terrorist financing;

  • 44. Strongly urges Member States to apply the elements in FATF’s Interpretive Note to Recommendation 6, and to take note of, inter alia, related best practices for effective implementation of targeted financial sanctions related to terrorism and terrorist financing, and takes note of the need to have appropriate legal authorities and procedures to apply and enforce targeted financial sanctions that are not conditional upon the existence of criminal proceedings, and to apply an evidentiary standard of proof of “reasonable grounds” or “reasonable basis”, as well as the ability to collect or solicit as much information as possible from all relevant sources;

  • 45. Directs the Committee to continue to ensure that fair and clear procedures exist for placing individuals and entities on the Al-Qaida List and for removing them as well as for granting exemptions per resolution 1452 (2002), and directs the Committee to keep its guidelines under active review in support of these objectives;

  • 46. Directs the Committee, as a matter of priority, to review its guidelines with respect to the provisions of this resolution, in particular paragraphs 8, 10, 12, 13, 19, 22, 23, 32, 36, 37, 59, 60, 61 and 62;

  • 47. Encourages Member States, including through their permanent missions, and relevant international organizations to meet the Committee for in-depth discussion on any relevant issues;

  • 48. Requests the Committee to report to the Council on its findings regarding Member States’ implementation efforts, and identify and recommend steps necessary to improve implementation;

  • 49. Directs the Committee to identify possible cases of non-compliance with the measures pursuant to paragraph 1 above and to determine the appropriate course of action on each case, and requests the Chair, in periodic reports to the Council pursuant to paragraph 59 below, to provide progress reports on the Committee’s work on this issue;

  • 50. Urges all Member States, in their implementation of the measures set out in paragraph 1 above, to ensure that fraudulent, counterfeit, stolen and lost passports and other travel documents are invalidated and removed from circulation, in accordance with domestic laws and practices, as soon as possible, and to share information on those documents with other Member States through the INTERPOL database;

  • 51. Encourages Member States to share, in accordance with their domestic laws and practices, with the private sector information in their national databases related to fraudulent, counterfeit, stolen and lost identity or travel documents pertaining to their own jurisdictions, and, if a listed party is found to be using a false identity including to secure credit or fraudulent travel documents, to provide the Committee with information in this regard;

  • 52. Encourages Member States that issue travel documents to listed individuals to note, as appropriate, that the bearer is subject to the travel ban and corresponding exemption procedures;

  • 53. Confirms that no matter should be left pending before the Committee for a period longer than six months, unless the Committee determines on a case-by-case basis that extraordinary circumstances require additional time for consideration, in accordance with the Committee’s guidelines;

  • 54. Encourages designating States to inform the Monitoring Team whether a national court or other legal authority has reviewed an individual’s case and whether any judicial proceedings have begun, and to include any other relevant information when it submits its standard form for listing;

  • 55. Requests the Committee to facilitate, through the Monitoring Team or specialized United Nations agencies, assistance on capacity-building for enhancing implementation of the measures, upon request by Member States;

Coordination and outreach

  • 56. Reiterates the need to enhance ongoing cooperation among the Committee, the Counter-Terrorism Committee (CTC) and the Committee established pursuant to resolution 1540 (2004), as well as their respective groups of experts, including through, as appropriate, enhanced information-sharing, coordination on visits to countries within their respective mandates, on facilitating and monitoring technical assistance, on relations with international and regional organizations and agencies and on other issues of relevance to all three committees, expresses its intention to provide guidance to the committees on areas of common interest in order better to coordinate their efforts and facilitate such cooperation, and requests the Secretary-General to make the necessary arrangements for the groups to be co-located as soon as possible;

  • 57. Encourages the Monitoring Team and the United Nations Office on Drugs and Crime, to continue their joint activities, in cooperation with the Counter-Terrorism Executive Directorate (CTED) and 1540 Committee experts to assist Member States in their efforts to comply with their obligations under the relevant resolutions, including through organizing regional and subregional workshops;

  • 58. Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members to enhance the full and effective implementation of the measures referred to in paragraph 1 above, with a view to encouraging States to comply fully with this resolution and resolutions 1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008), 1904 (2009) and 1989 (2011);

  • 59. Requests the Committee to report orally, through its Chair, at least once per year, to the Council on the state of the overall work of the Committee and the Monitoring Team, and, as appropriate, in conjunction with the reports by the Chairs of CTC and the Committee established pursuant to resolution 1540 (2004), expresses its intention to hold informal consultations at least once per year on the work of the Committee, on the basis of reports from the Chair to the Council, and further requests the Chair to hold periodic briefings for all interested Member States;

Monitoring Team

  • 60. Decides, in order to assist the Committee in fulfilling its mandate, as well as to support the Ombudsperson, to extend the mandate of the current New York-based Monitoring Team and its members, established pursuant to paragraph 7 of resolution 1526 (2004), for a further period of thirty months, under the direction of the Committee with the responsibilities outlined in annex I, and requests the Secretary-General to make the necessary arrangements to this effect;

  • 61. Directs the Monitoring Team to identify, gather information on, and keep the Committee informed of instances and common patterns of non-compliance with the measures imposed in this resolution, as well as to facilitate, upon request by Member States, assistance on capacity-building, requests the Monitoring Team to work closely with State(s) of residence, nationality, location or incorporation, designating States and other relevant States, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;

  • 62. Directs the Committee, with the assistance of its Monitoring Team, to hold special meetings on important thematic or regional topics and Member States’ capacity challenges, in consultation, as appropriate, with the 1373 Committee and its Executive Directorate, CTITF, and with the Financial Action Task Force to identify and prioritize areas for the provision of technical assistance to enable more effective implementation by Member States;

Reviews

  • 63. Decides to review the measures described in paragraph 1 above with a view to their possible further strengthening in eighteen months, or sooner if necessary;

  • 64. Decides to remain actively seized of the matter.

Annex I

In accordance with paragraph 60 of this resolution, the Monitoring Team shall operate under the direction of the Committee and shall have the following responsibilities:

  • a) To submit, in writing, two comprehensive, independent reports to the Committee, one by 31 June 2013, and the second by 31 December 2013, on implementation by Member States of the measures referred to in paragraph 1 of this resolution, including specific recommendations for improved implementation of the measures and possible new measures;

  • b) To assist the Ombudsperson in carrying out his or her mandate as specified in annex II of this resolution, including by providing updated information on those individuals, groups, undertakings or entities seeking their removal from the Al-Qaida Sanctions List;

  • c) To assist the Committee in regularly reviewing names on the Al-Qaida Sanctions List, including by undertaking travel and contact with Member States, with a view to developing the Committee’s record of the facts and circumstances relating to a listing;

  • d) To analyse reports submitted pursuant to paragraph 6 of resolution 1455 (2003), the checklists submitted pursuant to paragraph 10 of resolution 1617 (2005), and other information submitted by Member States to the Committee, as instructed by the Committee;

  • e) To assist the Committee in following up on requests to Member States for information, including with respect to implementation of the measures referred to in paragraph 1 of this resolution;

  • f) To submit a comprehensive program of work to the Committee for its review and approval, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel, based on close coordination with CTED and the 1540 Committee’s group of experts to avoid duplication and reinforce synergies;

  • g) To work closely and share information with CTED and the 1540 Committee’s group of experts to identify areas of convergence and overlap and to help facilitate concrete coordination, including in the area of reporting, among the three Committees;

  • h) To participate actively in and support all relevant activities under the United Nations Global Counter-Terrorism Strategy including within the Counter-Terrorism Implementation Task Force, established to ensure overall coordination and coherence in the counter-terrorism efforts of the United Nations system, in particular through its relevant working groups;

  • i) To gather information, on behalf of the Committee, on instances of reported non-compliance with the measures referred to in paragraph 1 of this resolution, including by collating information collected from Member States and engaging with suspected non-compliant parties, and submitting case studies, both on its own initiative and upon the Committee’s request, to the Committee for its review;

  • j) To present to the Committee recommendations, which could be used by Member States to assist them with the implementation of the measures referred to in paragraph 1 of this resolution and in preparing proposed additions to the Al-Qaida Sanctions List;

  • k) To assist the Committee in its consideration of proposals for listing, including by compiling and circulating to the Committee information relevant to the proposed listing, and preparing a draft narrative summary referred to in paragraph 14;

  • l) To bring to the Committee’s attention new or noteworthy circumstances that may warrant a delisting, such as publicly-reported information on a deceased individual;

  • m) To consult with Member States in advance of travel to selected Member States, based on its program of work as approved by the Committee;

  • n) To coordinate and cooperate with the national counter-terrorism focal point or similar coordinating body in the country of visit, where appropriate;

  • o) To encourage Member States to submit names and additional identifying information for inclusion on the Al-Qaida Sanctions List, as instructed by the Committee;

  • p) To present to the Committee additional identifying and other information to assist the Committee in its efforts to keep the Al-Qaida Sanctions List as updated and accurate as possible;

  • q) To study and report to the Committee on the changing nature of the threat of Al-Qaida and the best measures to confront it, including by developing a dialogue with relevant scholars and academic bodies, in consultation with the Committee;

  • r) To collate, assess, monitor and report on and make recommendations regarding implementation of the measures, including implementation of the measure in paragraph 1 (a) of this resolution as it pertains to preventing the criminal misuse of the Internet by Al-Qaida, and other individuals, groups, undertakings and entities associated with it; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;

  • s) To consult with Member States and other relevant organizations, including regular dialogue with representatives in New York and in capitals, taking into account their comments, especially regarding any issues that might be contained in the Monitoring Team’s reports referred to in paragraph (a) of this annex;

  • t) To consult with Member States’ intelligence and security services, including through regional forums, in order to facilitate the sharing of information and to strengthen enforcement of the measures;

  • u) To consult with relevant representatives of the private sector, including financial institutions, to learn about the practical implementation of the assets freeze and to develop recommendations for the strengthening of that measure;

  • v) To work with relevant international and regional organizations in order to promote awareness of, and compliance with, the measures;

  • w) To assist the Committee in facilitating assistance on capacity-building for enhancing implementation of the measures, upon request by Member States;

  • x) To work with INTERPOL and Member States to obtain photographs of listed individuals for possible inclusion in INTERPOL Special Notices, and to work with INTERPOL to ensure that INTERPOL-UN Special Notices exist for all listed individuals, groups, undertakings, and entities;

  • y) To assist other subsidiary bodies of the Security Council, and their expert panels, upon request, with enhancing their cooperation with INTERPOL, referred to in resolution 1699 (2006), and to work with the Secretariat to discuss measures to standardize the format of all United Nations sanctions lists so as to facilitate implementation by national authorities;

  • z) To report to the Committee, on a regular basis or when the Committee so requests, through oral and/or written briefings on the work of the Monitoring Team, including its visits to Member States and its activities;

  • aa) To report periodically, as appropriate, to the Committee on linkages between Al-Qaida and those individuals, groups, undertakings or entities eligible for designation under paragraph 1 of resolution 2082 (2012) or any other relevant sanctions resolutions; and

  • bb) Any other responsibility identified by the Committee.

Annex II

In accordance with paragraph 19 of this resolution, the Office of the Ombudsperson shall be authorized to carry out the following tasks upon receipt of a delisting request submitted by, or on behalf of, an individual, group, undertaking or entity on the Al-Qaida Sanctions List or by the legal representative or estate of such individual, group, undertaking or entity (“the petitioner”).

The Council recalls that Member States are not permitted to submit delisting petitions on behalf of an individual, group, undertaking or entity to the Office of the Ombudsperson.

Information gathering (four months)

  • 1. Upon receipt of a delisting request, the Ombudsperson shall:

    • a) Acknowledge to the petitioner the receipt of the delisting request;

    • b) Inform the petitioner of the general procedure for processing delisting requests;

    • c) Answer specific questions from the petitioner about Committee procedures;

    • d) Inform the petitioner in case the petition fails to properly address the original designation criteria, as set forth in paragraph 2 of this resolution, and return it to the petitioner for his or her consideration; and,

    • e) Verify if the request is a new request or a repeated request and, if it is a repeated request to the Ombudsperson and it does not contain any additional information, return it to the petitioner for his or her consideration.

  • 2. For delisting petitions not returned to the petitioner, the Ombudsperson shall immediately forward the delisting request to the members of the Committee, designating State(s), State(s) of residence and nationality or incorporation, relevant United Nations bodies, and any other States deemed relevant by the Ombudsperson.

    The Ombudsperson shall ask these States or relevant United Nations bodies to provide, within four months, any appropriate additional information relevant to the delisting request. The Ombudsperson may engage in dialogue with these States to determine:

    • a) These States’ opinions on whether the delisting request should be granted; and

    • b) Information, questions or requests for clarifications that these States would like to be communicated to the petitioner regarding the delisting request, including any information or steps that might be taken by a petitioner to clarify the delisting request.

  • 3. The Ombudsperson shall also immediately forward the delisting request to the Monitoring Team, which shall provide to the Ombudsperson, within four months:

    • a) All information available to the Monitoring Team that is relevant to the delisting request, including court decisions and proceedings, news reports, and information that States or relevant international organizations have previously shared with the Committee or the Monitoring Team;

    • b) Fact-based assessments of the information provided by the petitioner that is relevant to the delisting request; and

    • c) Questions or requests for clarifications that the Monitoring Team would like asked of the petitioner regarding the delisting request.

  • 4. At the end of this four-month period of information gathering, the Ombudsperson shall present a written update to the Committee on progress to date, including details regarding which States have supplied information, and any significant challenges encountered therein. The Ombudsperson may extend this period once for up to two months if he or she assesses that more time is required for information gathering, giving due consideration to requests by Member States for additional time to provide information.

Dialogue (two months)

  • 5. Upon completion of the information gathering period, the Ombudsperson shall facilitate a two-month period of engagement, which may include dialogue with the petitioner. Giving due consideration to requests for additional time, the Ombudsperson may extend this period once for up to two months if he or she assesses that more time is required for engagement and the drafting of the Comprehensive Report described in paragraph 7 below. The Ombudsperson may shorten this time period if he or she assesses less time is required.

  • 6. During this period of engagement, the Ombudsperson:

    • a) May ask the petitioner questions or request additional information or clarifications that may help the Committee’s consideration of the request, including any questions or information requests received from relevant States, the Committee and the Monitoring Team;

    • b) Should request from the petitioner a signed statement in which the petitioner declares that they have no ongoing association with Al-Qaida, or any cell, affiliate, splinter group, or derivative thereof, and undertakes not to associate with Al-Qaida in the future;

    • c) Should meet with the petitioner, to the extent possible;

    • d) Shall forward replies from the petitioner back to relevant States, the Committee and the Monitoring Team and follow up with the petitioner in connection with incomplete responses by the petitioner;

    • e) Shall coordinate with States, the Committee and the Monitoring Team regarding any further inquiries of, or response to, the petitioner;

    • f) During the information gathering or dialogue phase, the Ombudsperson may share with relevant States information provided by a State, including that State’s position on the delisting request, if the State which provided the information consents;

    • g) In the course of the information gathering and dialogue phases and in the preparation of the report, the Ombudsperson shall not disclose any information shared by a state on a confidential basis, without the express written consent of that state; and,

    • h) During the dialogue phase, the Ombudsperson shall give serious consideration to the opinions of designating states, as well as other Member States that come forward with relevant information, in particular those Member States most affected by acts or associations that led to the original designation.

  • 7. Upon completion of the period of engagement described above, the Ombudsperson, with the help of the Monitoring Team, shall draft and circulate to the Committee a Comprehensive Report that will exclusively:

    • a) Summarize and, as appropriate, specify the sources of, all information available to the Ombudsperson that is relevant to the delisting request. The report shall respect confidential elements of Member States’ communications with the Ombudsperson;

    • b) Describe the Ombudsperson’s activities with respect to this delisting request, including dialogue with the petitioner; and

    • c) Based on an analysis of all the information available to the Ombudsperson and the Ombudsperson’s recommendation, lay out for the Committee the principal arguments concerning the delisting request. The recommendation should state the Ombudsperson’s views with respect to the listing as of the time of the examination of the delisting request.

Committee discussion

  • 8. After the Committee has had fifteen days to review the Comprehensive Report in all official languages of the United Nations, the Chair of the Committee shall place the delisting request on the Committee’s agenda for consideration.

  • 9. When the Committee considers the delisting request, the Ombudsperson, aided by the Monitoring Team, as appropriate, shall present the Comprehensive Report in person and answer Committee members’ questions regarding the request.

  • 10. Committee consideration of the Comprehensive Report shall be completed no later than thirty days from the date the Comprehensive Report is submitted to the Committee for its review.

  • 11. After the Committee has completed its consideration of the Comprehensive Report, the Ombudsperson may notify all relevant States of the recommendation.

  • 12. In cases where the Ombudsperson recommends retaining the listing, the requirement for States to take the measures in paragraph 1 of this resolution shall remain in place with respect to that individual, group, undertaking or entity, unless a Committee member submits a delisting request, which the Committee shall consider under its normal consensus procedures.

  • 13. In cases where the Ombudsperson recommends that the Committee consider delisting, the requirement for States to take the measures described in paragraph 1 of this resolution shall terminate with respect to that individual, group, undertaking or entity sixty days after the Committee completes consideration of a Comprehensive Report of the Ombudsperson, in accordance with this annex II, including paragraph 6 (h), unless the Committee decides by consensus before the end of that sixty-day period that the requirement shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of sixty days; and provided further that, in the event of such a request, the requirement for States to take the measures described in paragraph 1 of this resolution shall remain in force for that period with respect to that individual, group, undertaking or entity until the question is decided by the Security Council.

  • 14. After the Committee decides to accept or reject the delisting request, the Committee shall convey to the Ombudsperson its decision, setting out its reasons, and including any further relevant information about the Committee’s decision, and an updated narrative summary of reasons for listing, where appropriate, for the Ombudsperson to transmit to the petitioner.

  • 15. After the Committee has informed the Ombudsperson that the Committee has rejected a delisting request, then the Ombudsperson shall send to the petitioner, with an advance copy sent to the Committee, within fifteen days a letter that:

    • a) Communicates the Committee’s decision for continued listing;

    • b) Describes, to the extent possible and drawing upon the Ombudsperson’s Comprehensive Report, the process and publicly releasable factual information gathered by the Ombudsperson; and

    • c) Forwards from the Committee all information about the decision provided to the Ombudsperson pursuant to paragraph 14 above.

  • 16. In all communications with the petitioner, the Ombudsperson shall respect the confidentiality of Committee deliberations and confidential communications between the Ombudsperson and Member States.

  • 17. The Ombudsperson may notify the petitioner, as well as those States relevant to a case but which are not members of the Committee, of the stage at which the process has reached.

Other Office of the Ombudsperson Tasks

  • 18. In addition to the tasks specified above, the Ombudsperson shall:

    • a) Distribute publicly releasable information about Committee procedures, including Committee Guidelines, fact sheets and other Committee-prepared documents;

    • b) Where address is known, notify individuals or entities about the status of their listing, after the Secretariat has officially notified the Permanent Mission of the State or States, pursuant to paragraph 17 of this resolution; and

    • c) Submit biannual reports summarizing the activities of the Ombudsperson to the Security Council.

Op 22 januari 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6904e zitting aangenomen Resolutie 2087 (2013) inzake Noord-Korea. De Engelse tekst van de resolutie luidt:

Resolution 2087 (2013)
Adopted by the Security Council at its 6904th meeting, on 22 January 2013

The Security Council,

Recalling its previous relevant resolutions, including resolution 825 (1993), resolution 1540 (2004), resolution 1695 (2006), resolution 1718 (2006), resolution 1874 (2009), resolution 1887 (2009), as well as the statements of its President of 6 October 2006 (S/PRST/2006/41), 13 April 2009 (S/PRST/2009/7) and 16 April 2012 (S/PRST/2012/13),

Recognizing the freedom of all States to explore and use outer space in accordance with international law, including restrictions imposed by relevant Security Council resolutions,

  • 1. Condemns the DPRK’s launch of 12 December 2012, which used ballistic missile technology and was in violation of resolutions 1718 (2006) and 1874 (2009);

  • 2. Demands that the DPRK not proceed with any further launches using ballistic missile technology, and comply with resolutions 1718 (2006) and 1874 (2009) by suspending all activities related to its ballistic missile program and in this context re-establish its pre-existing commitments to a moratorium on missile launches;

  • 3. Demands that the DPRK immediately comply fully with its obligations under resolutions 1718 (2006) and 1874 (2009), including that it: abandon all nuclear weapons and existing nuclear programs in a complete, verifiable and irreversible manner; immediately cease all related activities; and not conduct any further launches that use ballistic missile technology, nuclear test or any further provocation;

  • 4. Reaffirms its current sanctions measures contained in resolutions 1718 (2006) and 1874 (2009);

  • 5. Recalls the measures imposed by paragraph 8 of resolution 1718 (2006), as modified by resolution 1874 (2009), and determines that:

    • a) The measures specified in paragraph 8 (d) of resolution 1718 (2006) shall apply to the individuals and entities listed in Annex I and II, and the measures specified in paragraph 8 (e) of resolution 1718 (2006) shall apply to the individuals listed in Annex I; and,

    • b) The measures imposed in paragraph 8 (a), 8 (b) and 8 (c) of resolution 1718 (2006) shall apply to the items in INFCIRC/254/Rev.11/Part 1 and INFCIRC/254/Rev.8/Part 2 and S/2012/947;

  • 6. Recalls paragraph 18 of resolution 1874 (2009), and calls upon Member States to exercise enhanced vigilance in this regard, including monitoring the activities of their nationals, persons in their territories, financial institutions, and other entities organized under their laws (including branches abroad) with or on behalf of financial institutions in the DPRK, or of those that act on behalf or at the direction of DPRK financial institutions, including their branches, representatives, agents and subsidiaries abroad;

  • 7. Directs the Committee established pursuant to resolution 1718 (2006) to issue an Implementation Assistance Notice regarding situations where a vessel has refused to allow an inspection after such an inspection has been authorized by the vessel’s Flag State or if any DPRK-flagged vessel has refused to be inspected pursuant to paragraph 12 of resolution 1874 (2009);

  • 8. Recalls paragraph 14 of resolution 1874 (2009), recalls further that States may seize and dispose of items consistent with the provisions of resolutions 1718 (2006), 1874 (2009) and this resolution, and further clarifies that methods for States to dispose include, but are not limited to, destruction, rendering inoperable, storage or transferring to another State other than the originating or destination States for disposal;

  • 9. Clarifies that the measures imposed in resolutions 1718 (2006) and 1874 (2009) prohibit the transfer of any items if a State relevant to a transaction has information that provides reasonable grounds to believe that a designated individual or entity is the originator, intended recipient or facilitator of the item’s transfer;

  • 10. Calls upon Member States which have not yet done so to report on the measures they have taken to implement the provisions of resolutions 1718 (2006) and 1874 (2009), encourages other Member States to submit, if any, additional information on implementing the provisions of resolutions 1718 (2006) and 1874 (2009);

  • 11. Encourages international agencies to take necessary steps to ensure that all their activities with respect to the DPRK are consistent with the provisions of resolutions 1718 (2006) and 1874 (2009), and further encourages relevant agencies to engage with the Committee regarding their activities with respect to the DPRK that may relate to provisions of these resolutions;

  • 12. Deplores the violations of the measures imposed in resolution 1718 (2006) and 1874 (2009), including the use of bulk cash to evade sanctions, underscores its concern over the supply, sale or transfer to or from the DPRK or through States’ territories of any item that could contribute to activities prohibited by resolutions 1718 (2006) or 1874 (2009) and the importance of appropriate action by States in this regard, calls on States to exercise vigilance and restraint regarding the entry into or transit through their territories of individuals working on behalf or at the direction of a designated individual or entity, directs the Committee to review reported violations and take action as appropriate, including through designating entities and individuals that have assisted the evasion of sanctions or in violating the provisions of resolutions 1718 (2006) and 1874 (2009);

  • 13. Emphasizes the importance of all States, including the DPRK, taking the necessary measures to ensure that no claim shall lie at the instance of the DPRK, or of any person or entity in the DPRK, or of persons or entities designated pursuant to resolutions 1718 (2006) and 1874 (2009), or any person claiming through or for the benefit of any such person or entity, in connection with any contract or other transaction where its performance was prevented by reason of the measures imposed by resolutions 1718 (2006) and 1874 (2009);

  • 14. Reaffirms its desire for a peaceful, diplomatic and political solution to the situation, welcomes efforts by Council members as well as other States to facilitate a peaceful and comprehensive solution through dialogue, and underlines the need to refrain from any action that might aggravate tensions;

  • 15. Reaffirms its support to the Six Party Talks, calls for their resumption, urges all the participants to intensify their efforts on the full and expeditious implementation of the 19 September 2005 Joint Statement issued by China, the DPRK, Japan, the Republic of Korea, the Russian Federation and the United States, with a view to achieving the verifiable denuclearization of the Korean Peninsula in a peaceful manner and to maintaining peace and stability on the Korean Peninsula and in northeast Asia;

  • 16. Calls upon all Member States to implement fully their obligations pursuant to resolutions 1718 (2006) and 1874 (2009);

  • 17. Re-emphasizes that all Member States should comply with the provisions of paragraphs 8 (a) (iii) and 8 (d) of resolution 1718 (2006) without prejudice to the activities of the diplomatic missions in the DPRK pursuant to the Vienna Convention on Diplomatic Relations;

  • 18. Underlines that measures imposed by resolutions 1718 (2006) and 1874 (2009) are not intended to have adverse humanitarian consequences for the civilian population of the DPRK;

  • 19. Affirms that it shall keep the DPRK’s actions under continuous review and is prepared to strengthen, modify, suspend or lift the measures as may be needed in light of the DPRK’s compliance, and, in this regard, expresses its determination to take significant action in the event of a further DPRK launch or nuclear test;

  • 20. Decides to remain actively seized of the matter.

Annex I
Travel Ban/Asset Freeze

  • 1. PAEK CHANG-HO

    • a) Description: senior official and head of the satellite control center of Korean Committee for Space Technology.

    • b) AKA: Pak Chang-Ho; Paek Ch’ang-Ho

    • c) Identifiers: Passport: 381420754; Passport Date of Issue: 7 December 2011; Passport Date of Expiration: 7 December 2016; D.O.B. 18 June 1964; P.O.B. Kaesong, DPRK

  • 2. CHANG MYONG-CHIN

    • a) Description: General Manager of the Sohae Satellite Launching Station and head of launch center at which the 13 April and 12 December 2012 launches took place.

    • b) AKA: Jang Myong-Jin

    • c) Identifiers: D.O.B. 1966; Alt. D.O.B. 1965

  • 3. RA KY’ONG-SU

    • a) Description: Ra Ky’ong-Su is a Tanchon Commercial Bank (TCB) official. In this capacity he has facilitated transactions for TCB. Tanchon was designated by the Committee in April 2009 as the main DPRK financial entity responsible for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons.

  • 4. KIM KWANG-IL

    • a) Description: Kim Kwang-il is a Tanchon Commercial Bank (TCB) official. In this capacity, he has facilitated transactions for TCB and the Korea Mining Development Trading Corporation (KOMID). Tanchon was designated by the Committee in April 2009 as the main DPRK financial entity responsible for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons. KOMID was designated by the Committee in April 2009 and is the DPRK’s primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

Annex II
Asset Freeze

  • 1. KOREAN COMMITTEE FOR SPACE TECHNOLOGY

    • a) Description: The Korean Committee for Space Technology (KCST) orchestrated the DPRK’s launches on 13 April 2012 and 12 December 2012 via the satellite control center and Sohae launch area.

    • b) AKA: DPRK Committee for Space Technology; Department of Space Technology of the DPRK; Committee for Space Technology; KCST

    • c) Location: Pyongyang, DPRK

  • 2. BANK OF EAST LAND

    • a) Description: DPRK financial institution Bank of East Land facilitates weapons-related transactions for, and other support to, arms manufacturer and exporter Green Pine Associated Corporation (Green Pine). Bank of East Land has actively worked with Green Pine to transfer funds in a manner that circumvents sanctions. In 2007 and 2008, Bank of East Land facilitated transactions involving Green Pine and Iranian financial institutions, including Bank Melli and Bank Sepah. The Security Council designated Bank Sepah in resolution 1747 (2007) for providing support to Iran’s ballistic missile program. Green Pine was designated by the Committee in April 2012.

    • b) AKA: Dongbang BANK; TONGBANG U’NHAENG; TONGBANG BANK

    • c) Location: P.O. Box 32, BEL Building, Jonseung-Dung, Moranbong District, Pyongyang, DPRK

  • 3. KOREA KUMRYONG TRADING CORPORATION

    • a) Description: Used as an alias by the Korea Mining Development Trading Corporation (KOMID) to carry out procurement activities. KOMID was designated by the Committee in April 2009 and is the DPRK’s primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

  • 4. TOSONG TECHNOLOGY TRADING CORPORATION

    • a) Description: The Korea Mining Development Corporation (KOMID) is the parent company of Tosong Technology Trading Corporation. KOMID was designated by the Committee in April 2009 and is the DPRK’s primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

    • b) Location: Pyongyang, DPRK

  • 5. KOREA RYONHA MACHINERY JOINT VENTURE CORPORATION

    • a) Description: Korea Ryonbong General Corporation is the parent company of Korea Ryonha Machinery Joint Venture Corporation. Korea Ryonbong General Corporation was designated by the Committee in April 2009 and is a defence conglomerate specializing in acquisition for DPRK defence industries and support to that country’s military-related sales.

    • b) AKA: CHOSUN YUNHA MACHINERY JOINT OPERATION COMPANY; KOREA RYENHA MACHINERY J/V CORPORATION; RYONHA MACHINERY JOINT VENTURE CORPORATION

    • c) Location: Central District, Pyongyang, DPRK; Mangungdae-gu, Pyongyang, DPRK; Mangyongdae District, Pyongyang, DPRK

  • 6. LEADER (HONG KONG) INTERNATIONAL

    • a) Description: Facilitates shipments on behalf of the Korea Mining Development Trading Corporation (KOMID). KOMID was designated by the Committee in April 2009 and is the DPRK’s primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

    • b) AKA: Leader International Trading Limited

    • c) Location: Room 1610 Nan Fung Tower, 173 Des Voeux Road, Hong Kong

Op 6 maart 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6929e zitting aangenomen Resolutie 2093 (2013) inzake Somalië. De Engelse tekst van de resolutie luidt:

Resolution 2093 (2013)
Adopted by the Security Council at its 6929th meeting, on 6 March 2013

The Security Council,

Recalling its previous resolutions on the situation in Somalia, as well as other relevant Presidential Statements on the situation in Somalia, in particular resolutions 733 (1992), 1425 (2002), 1772 (2007), 2036 (2012), and 2073 (2012),

Reiterating its full support to the Secretary-General and his Special Representative, and for their work with the African Union (AU), including the Chairperson of the AU Commission and her Special Representative, as well as other international and regional partners,

Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, recognizing the significant progress that has been made in Somalia over the past year, and reiterating its commitment to a comprehensive and lasting settlement of the situation in Somalia,

Commending the contribution of the African Union Mission to Somalia (AMISOM) to lasting peace and stability in Somalia, noting its critical role in improving the security situation in Mogadishu (particularly in the military and policing roles) and other areas of south-central Somalia, including Kismayo, expressing its appreciation for the continued commitment of troops, police and equipment to AMISOM by the Governments of Burundi, Djibouti, Kenya, Nigeria, Sierra Leone and Uganda, and recognizing the significant sacrifices made by AMISOM forces,

Calling on the Federal Government of Somalia, with the support of AMISOM and international partners, to consolidate security and establish the rule of law in areas secured by AMISOM and the Security Forces of the Federal Government of Somalia, underlining the importance of building sustainable, legitimate and representative local governance and security structures in both Mogadishu and areas recovered from Al-Shabaab control, encouraging all relevant authorities to uphold high standards in resource management, and reiterating the need for rapid and increased United Nations support to the Federal Government of Somalia in these areas,

Underlining the importance of capacity-building of the Security Forces of the Federal Government of Somalia and in this regard, reaffirming the importance of the re-establishment, training, equipping and retention of Somali security forces, which is vital for the long-term stability and security of Somalia, expressing support for the ongoing European Union Training Mission and other capacity-building programmes, and emphasizing the importance of increased coordinated, timely and sustained support from the international community,

Reiterating its strong condemnation of all attacks on Somali institutions, AMISOM, United Nations personnel and facilities, journalists, and the civilian population by armed opposition groups, and foreign fighters, particularly Al-Shabaab, stressing that such groups, including foreign fighters engaged in destabilizing Somalia, constitute a continuing terrorist threat to Somalia, the region and the international community, stressing that there should be no place for terrorism or violent extremism in Somalia, and reiterating its call to all opposition groups to lay down their arms,

Expressing concern at the ongoing humanitarian crisis in Somalia and its impact on the people of Somalia, commending the efforts of the United Nations humanitarian agencies and other humanitarian actors to deliver life-saving assistance to vulnerable populations, condemning any misuse or obstruction of humanitarian assistance, underlining the importance of the full, safe, independent, timely and unimpeded access of all humanitarian actors to all those in need of assistance, and underlining further the importance of proper accounting in international humanitarian support,

Recalling its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) on women, peace and security, its resolution 1738 (2006) on the protection of journalists in armed conflicts, and its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012) on children and armed conflict, and taking note of the report of the Secretary-General on Children and Armed Conflict, and its conclusions, as endorsed by the Security Council Working Group on Children and Armed Conflict,

Welcoming the Strategic Reviews of both the United Nations and the African Union on their presence and engagement in Somalia, and the decisions taken by both organizations to enhance collaboration on the basis of comparative advantage and a clear division of labour, and underlining the importance of both organizations improving their coordination with one another, as well as with the Federal Government of Somalia, other regional organizations, and Member States,

Welcoming the Federal Government of Somalia’s development of a new national security strategy, calling on the Federal Government of Somalia to accelerate its implementation in view of the remaining threat posed by Al-Shabaab and other destabilizing actors, underlining the importance of further defining the composition of Somalia’s national security forces, identifying capability gaps in order to guide AMISOM and donors’ security sector assistance priorities and signalling areas of cooperation with the international donor community, and noting the international community’s intention to support the Federal Government of Somalia in security sector reform,

Recognizing that the Federal Government of Somalia has a responsibility to protect its citizens and build its own national security forces, noting that these forces should be inclusive and representative of Somalia and act in full compliance with their obligations under international humanitarian law and human rights law, and reaffirming the intent of international partners to support the Federal Government of Somalia in achieving this,

Recognizing that a more stable Somalia is of vital importance to ensuring regional security,

Welcoming the Federal Government of Somalia’s commitment to peace, stability and reconciliation across Somalia, including at the regional level,

Welcoming the Federal Government of Somalia’s commitment to improving human rights in Somalia, expressing its concern at the reports of violations of human rights, including extrajudicial killings, violence against women, children and journalists, arbitrary detention and pervasive sexual violence in camps for internally displaced persons, and underscoring the need to end impunity, uphold human rights and to hold accountable those who commit such crimes,

Expressing concern at reports of continuous violations of the Somali and United Nations ban on charcoal exports, welcoming the President of Somalia’s task force on this issue, and recognizing the need to assess urgently, and provide recommendations on, resolving the charcoal issue,

Underlining its full support for the Somalia and Eritrea Monitoring Group (SEMG), and recalling the importance of the SEMG being given full support in carrying out its mandate by all Member States and all appropriate United Nations bodies supporting the Group,

Determining that the situation in Somalia continues to constitute a threat to international peace and security,

Acting under Chapter VII of the charter of the United Nations,

AMISOM

  • 1. Decides to authorize the Member States of the African Union (AU) to maintain the deployment of AMISOM until 28 February 2014, which shall be authorised to take all necessary measures, in full compliance with its obligations under international humanitarian law and human rights law, and in full respect of the sovereignty, territorial integrity, political independence and unity of Somalia, to carry out the following tasks:

    • a) To maintain a presence in the four sectors set out in the AMISOM Strategic Concept of 5 January 2012, and in those sectors, in coordination with the Security Forces of the Federal Government of Somalia, reduce the threat posed by Al-Shabaab and other armed opposition groups, including receiving, on a transitory basis, defectors, as appropriate, and in coordination with the United Nations, in order to establish conditions for effective and legitimate governance across Somalia;

    • b) To support dialogue and reconciliation in Somalia by assisting with the free movement, safe passage and protection of all those involved with the peace and reconciliation process in Somalia;

    • c) To provide, as appropriate, protection to the Federal Government of Somalia to help them carry out their functions of government, and security for key infrastructure;

    • d) To assist, within its capabilities, and in coordination with other parties, with implementation of the Somali national security plans, through training and mentoring of the Security Forces of the Federal Government of Somalia, including through joint operations;

    • e) To contribute, as may be requested and within capabilities, to the creation of the necessary security conditions for the provision of humanitarian assistance;

    • f) To assist, within its existing civilian capability, the Federal Government of Somalia, in collaboration with the United Nations, to extend state authority in areas recovered from Al-Shabaab;

    • g) To protect its personnel, facilities, installations, equipment and mission, and to ensure the security and freedom of movement of its personnel, as well as of United Nations personnel carrying out functions mandated by the Security Council;

  • 2. Reiterates its request in paragraph 9 of resolution 2036 (2012) for the establishment without any further delay of a guard force of an appropriate size and within AMISOM’s mandated troop levels to provide security, escort and protection services to personnel from the international community, including the United Nations, and requests the AU to provide details in its next report to the Security Council on progress towards, and the timetable for, its establishment;

  • 3. Requests the Secretary-General to continue to provide technical, management and expert advice to the AU in the planning and deployment of AMISOM, through the United Nations Office to the African Union, including on the implementation of the AMISOM Strategic Concept and the AMISOM Concept of Operations;

  • 4. Requests the Secretary-General to continue to provide a logistical support package for AMISOM, referred to in paragraphs 10, 11 and 12 of resolution 2010 (2011), paragraphs 4 and 6 of resolution 2036 (2012) and paragraph 2 of resolution 2073 (2012) for a maximum of 17,731 uniformed personnel until 28 February 2014, ensuring the accountability and transparency of expenditure of the United Nations funds as set out in paragraph 4 of resolution 1910 (2010), and consistent with the requirements of the Secretary-General’s Human Rights Due Diligence Policy;

  • 5. Reiterates paragraph 6 of resolution 2036 (2012) and paragraph 2 of resolution 2073 (2012) regarding logistical support to AMISOM;

  • 6. Recalls its request in paragraph 5 of resolution 2036 related to transparency and proper accountability for resources provided to AMISOM, in particular the number of troops, civilian personnel and equipment, and requests UNSOA, in cooperation with the AU, to verify the number of troops, civilian personnel and equipment deployed as part of AMISOM;

  • 7. Calls upon new and existing donors to support AMISOM through the provision of additional funding for troop stipends, equipment, technical assistance, and uncaveated funding for AMISOM to the United Nations Trust Fund for AMISOM, and calls upon the AU to consider providing funding to AMISOM through its own assessed costs as it has recently done for the African-led International Support Mission in Mali;

  • 8. Requests the AU to keep the Security Council regularly informed on the implementation of AMISOM’s mandate through the provision of written reports to the Secretary-General every 90 days after the adoption of this resolution;

  • 9. Welcomes the progress made by AMISOM in reducing civilian casualties during its operations, and urges AMISOM to enhance its efforts to prevent civilian casualties;

  • 10. Encourages AMISOM to develop further an effective approach to the protection of civilians, as requested by the AU Peace and Security Council;

  • 11. Recalls AMISOM’s commitment to establish a Civilian Casualty Tracking, Analysis and Response Cell (CCTARC), underlines the importance of its establishment, requests AMISOM to report on the progress made in establishing the CCTARC and calls on international donors and partners to further support the establishment of a CCTARC;

  • 12. Requests AMISOM to ensure that any detainees in their custody are treated in strict compliance with AMISOM’s obligations under international humanitarian law and human rights law;

  • 13. Requests AMISOM to strengthen child and women’s protection in its activities and operations, including through the deployment of a child protection adviser and a women’s protection adviser, within its existing civilian component to mainstream child and women’s protection within AMISOM;

  • 14. Requests AMISOM to take adequate measures to prevent sexual violence, and sexual exploitation and abuse, by applying policies consistent with the United Nations zero-tolerance policy on sexual exploitation and abuse in the context of peacekeeping;

  • 15. Requests the AU to establish a system to address systematically allegations of misconduct, which includes clear mechanisms for receiving and tracking allegations, as well as for following up with troop-contributing countries on the results of investigations and disciplinary actions taken as applicable, and requests the United Nations to advise and provide guidance to the AU in this endeavour;

  • 16. Welcomes the development of the Government of Somalia’s National Programme for Handling Disengaged Combatants in Somalia, notes the need for appropriate human rights safeguards, and encourages Member States to support the plan through the provision of funds;

United Nations Strategic Review

  • 17. Welcomes the review by the Secretary-General of the United Nations’ presence and engagement in Somalia;

  • 18. Agrees with the Secretary-General that UNPOS has fulfilled its mandate and should now be dissolved, and further agrees that UNPOS should be replaced by a new expanded Special Political Mission as soon as possible;

  • 19. Agrees with the Secretary-General that the conditions in Somalia are not yet appropriate for the deployment of a United Nations Peacekeeping Operation, and requests that he keeps this under review, including through the setting of benchmarks for when it might be appropriate to deploy a United Nations peacekeeping operation and looks forward to receiving this information as part of his regular reporting to the Security Council;

  • 20. Decides that UNSOA shall be integrated within the framework of the new United Nations Mission, with the head of UNSOA continuing to report to the Department of Field Support on the delivery of the AMISOM logistical support package, and reporting to the Special Representative of the Secretary-General on logistical support to the new United Nations Mission and on policy or political questions arising from the functions of UNSOA relevant to the mandate of the new United Nations Mission;

  • 21. Requests that by 1st January 2014 the post of Deputy Special Representative of the Secretary-General/Resident and Humanitarian Coordinator (DSRSG/RC/HC) will have been established and structurally integrated into the new United Nations Mission, which will operate alongside AMISOM, requests in the meantime that the Secretary-General ensure that, with immediate effect, all appropriate activities of the United Nations Country Team are fully coordinated with the new United Nations Mission, including through joint teams and joint strategies, while ensuring the humanity, impartiality, neutrality, and independence of humanitarian assistance, and further requests the Secretary-General to keep the Security Council regularly informed about the steps he is taking to integrate the work of the United Nations Country Team and the new United Nations Mission, through the provision of written reports every 90 days;

  • 22. Requests the Secretary-General to conduct a Technical Assessment Mission on the implementation of the new United Nations mission, in full cooperation with the Federal Government of Somalia, AU, regional bodies and Member States, on the basis of the guiding principles as set out below:

    • a) Empowering Somali ownership of the statebuilding and peacebuilding agenda;

    • b) Providing the traditional United Nations good offices function and support to the government, including on reconciliation, elections and the effective implementation of a federal system;

    • c) Providing strategic and policy advice on security, stabilisation, peacebuilding and state-building, including through the mission having a substantially strengthened security and rule of law capacity;

    • d) Monitoring, reporting and helping build capacity on human rights, including on sexual, gender-based and conflict-related violence and on violations against children – supporting the implementation of the two action plans on children and armed conflict signed by the Federal Government of Somalia;

    • e) Supporting the Federal Government of Somalia’s efforts to manage and specifically coordinate international assistance, particularly on security sector reform;

    • f) Providing integrated policy advice and support to the Federal Government of Somalia, in cooperation with the United Nations Country Team, and in accordance with the arrangements set out in paragraph 21;

  • 23. Underlines that the new mission should be headquartered in Mogadishu and should deploy further across Somalia as security conditions allow, and requests advice from the Secretary-General on how the Mission will be protected;

  • 24. Requests the Secretary-General to report to the Council no later than 19 April 2013 on the results of his Technical Assessment Mission, including on the United Nations division of labour with the AU, after which the Council will formally mandate a new Special Political Mission, and underlines that the new United Nations Mission should deploy by 3 June 2013;

Human Rights and Protection of Civilians

  • 25. Recalls its previous resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006), and 1894 (2009), as well as all its resolutions on Women, Peace and Security, Children and Armed Conflict and peacekeeping, and all relevant statements of its President;

  • 26. Condemns all attacks against civilians in Somalia, calls for the immediate cessation of all acts of violence, including sexual and gender based violence, or abuses committed against civilians, including women and children, and humanitarian personnel in violation of international humanitarian law and human rights law, stresses the responsibility of all parties in Somalia to comply with their obligations to protect the civilian population from the effects of hostilities, in particular by avoiding any indiscriminate attacks or excessive use of force, and underscores the need to end impunity, uphold human rights and hold those who commit crimes accountable;

  • 27. Welcomes the commitment made by the President of Somalia to hold the Somali National Security Forces accountable for allegations of sexual violence, urges the Federal Government of Somalia, in cooperation with the United Nations, to initiate its Task Force on Sexual Violence, and to develop and implement a comprehensive strategy to prevent and respond to sexual violence, and stresses the need for the Federal Government of Somalia to take all appropriate measures to bring to justice any perpetrator of such acts;

  • 28. Expresses concern at the security situation in camps for internally displaced persons (IDPs) and settlements, condemns all human rights violations and abuses, including sexual violence, committed against IDPs by all parties, including armed groups and militias, and calls for the strengthening of protection of IDP camps;

  • 29. Recalls the relevant prohibition of the forced displacement of civilians in armed conflict, and stresses the importance of fully complying with international humanitarian law and other applicable international law in this context;

  • 30. Recalls the obligation of the Federal Government of Somalia with respect to the protection of journalists, the prevention of violence against them, and the fight against impunity for perpetrators of such acts;

  • 31. Reaffirms the important role of women in the prevention and resolution of conflicts and in peacebuilding, stresses the importance of their participation in all efforts for the maintenance and promotion of peace and security, and urges the Federal Government of Somalia to continue to promote increased representation of women at all decision-making levels in Somali institutions;

  • 32. Strongly condemns reports of grave violations against children, urges the Government of Somalia, as a matter of priority, to implement the action plan signed on 6 August 2012 to eliminate the killing and maiming of children, and the 3 July 2012 action plan to end the recruitment and use of child soldiers, and stresses the need for the Federal Government of Somalia to take appropriate measures to bring to justice any perpetrator of such acts;

Arms Embargo

  • 33. Decides that for a period of twelve months from the date of this resolution the measures imposed in paragraph 5 of resolution 733 (1992), and further elaborated by paragraphs 1 and 2 of resolution 1425 (2002), shall not apply to deliveries of weapons or military equipment or the provision of advice, assistance or training, intended solely for the development of the Security Forces of the Federal Government of Somalia, and to provide security for the Somali people, except in relation to deliveries of the items set out in the annex to this resolution;

  • 34. Decides that weapons or military equipment sold or supplied solely for the development of the Security Forces of the Federal Government of Somalia may not be resold to, transferred to, or made available for use by, any individual or entity not in the service of the Security Forces of the Federal Government of Somalia;

  • 35. Calls upon States to exercise vigilance over the direct or indirect supply, sale or transfer to Somalia of items not subject to the measures imposed in paragraph 5 of resolution 733 (1992) and further elaborated by paragraphs 1 and 2 of resolution 1425 (2002);

  • 36. Decides that the measures imposed by paragraph 5 of resolution 733 (1992) and further elaborated by paragraphs 1 and 2 of resolution 1425 (2002) shall not apply to deliveries of weapons or military equipment or the provision of assistance intended solely for the support of, or use by, AMISOM’s strategic partners, operating solely under the African Union Strategic Concept of 5 January 2012, and in cooperation and coordination with AMISOM;

  • 37. Decides that the measures imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002) shall not apply to supplies of weapons or military equipment or the provision of assistance, intended solely for the support of or use by United Nations personnel, including the United Nations Political Office for Somalia or its successor mission;

  • 38. Decides that the Federal Government of Somalia shall notify the Committee established pursuant to resolutions 751 (1992) and 1907 (2009), for its information, at least five days in advance, of any deliveries of weapons or military equipment or the provision of assistance intended solely for the Security Forces of the Federal Government of Somalia, as permitted in paragraph 33 of this resolution, providing details of such deliveries or assistance and the specific place of delivery in Somalia, further decides that the Member State delivering assistance may, in the alternative, make this notification after informing the Federal Government of Somalia that it intends to do so, and stresses the importance that such notifications contain all relevant information, including, where applicable, the type and quantity of weapons, ammunitions, military equipment and materiel to be delivered, and the proposed date of delivery;

  • 39. Requests the Federal Government of Somalia to report to the Security Council no later than one month after the adoption of this resolution, and every six months thereafter, on:

    • a) The structure of the Security Forces of the Federal Government of Somalia;

    • b) The infrastructure in place to ensure the safe storage, registration, maintenance and distribution of military equipment by the Security Forces of the Federal Government of Somalia;

    • c) The procedures and codes of conduct in place for the registration, distribution, use and storage of weapons by the Security Forces of the Federal Government of Somalia, and on training needs in this regard;

  • 40. Calls upon States and regional organizations that have the capacity to do so, to provide assistance to the Federal Government of Somalia to achieve improvements in the areas set out in (b) and (c) of paragraph 39 of this resolution, in full coordination with the Federal Government of Somalia;

  • 41. Requests the SEMG to include, in its reporting to the Committee, both an assessment of the progress made in the areas set out in (b) and (c) of paragraph 39, and an assessment of any misappropriation or sale to other groups including militias, in order to assist the Council in any review of the appropriateness of the provisions outlined in paragraph 33 of this resolution, which are for the purpose of building the capacity of the Security Forces of the Federal Government of Somalia, and providing security for the people of Somalia, and further requests the Monitoring Group to report on its own ability to monitor delivery of weapons, military equipment and assistance to Somalia;

  • 42. Decides to review the effects of paragraphs 33 to 41 of this resolution within twelve months of the date of this resolution;

  • 43. Decides that the measures in paragraphs 1, 3, and 7 of resolution 1844 (2008) shall apply to individuals, and that the provisions of paragraphs 3 and 7 of that resolution shall apply to entities, designated by the Committee:

    • a) As engaging in, or providing support for, acts that threaten the peace, security or stability of Somalia, including acts that threaten the peace and reconciliation process in Somalia, or threaten the Federal Government of Somalia or AMISOM by force;

    • b) As having acted in violation of the arms embargo imposed by paragraph 5 of resolution 733 (1992), further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002), and as amended by paragraphs 33 to 38 of this resolution or as having acted in violation of the arms resale and transfer restrictions set out in paragraph 34 of this resolution;

    • c) As obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia;

    • d) As being political or military leaders recruiting or using children in armed conflicts in Somalia in violation of applicable international law;

    • e) As being responsible for violations of applicable international law in Somalia involving the targeting of civilians including children and women in situations of armed conflict, including killing and maiming, sexual and genderbased violence, attacks on schools and hospitals and abduction and forced displacement;

  • 44. Underlines its support for the President of Somalia’s task force charged with providing solutions on the issue of charcoal in Somalia, demands that all appropriate actors cooperate in full with the task force, and looks forward to receiving recommendations and options from the Federal Government of Somalia in this regard;

  • 45. Decides to remain actively seized of the matter.


Annex

  • 1. Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS);

  • 2. Guns, howitzers, and cannons with a calibre greater than 12.7 mm, and ammunition and components specially designed for these. (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs, rifle grenades, or grenade launchers.);

  • 3. Mortars with a calibre greater than 82 mm;

  • 4. Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for these items;

  • 5. Charges and devices intended for military use containing energetic materials; mines and related materiel;

  • 6. Weapon sights with a night vision capability.

Op 7 maart 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6932e zitting aangenomen Resolutie 2094 (2013) inzake Noord-Korea. De Engelse tekst van de resolutie luidt:

Resolution 2094 (2013)
Adopted by the Security Council at its 6932nd meeting, on 7 March 2013

The Security Council,

Recalling its previous relevant resolutions, including resolution 825 (1993), resolution 1540 (2004), resolution 1695 (2006), resolution 1718 (2006), resolution 1874 (2009), resolution 1887 (2009) and resolution 2087 (2013), as well as the statements of its President of 6 October 2006 (S/PRST/2006/41), 13 April 2009 (S/PRST/2009/7) and 16 April 2012 (S/PRST/2012/13),

Reaffirming that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security,

Underlining once again the importance that the DPRK respond to other security and humanitarian concerns of the international community,

Expressing the gravest concern at the nuclear test conducted by the Democratic People’s Republic of Korea (“the DPRK”) on 12 February 2013 (local time) in violation of resolutions 1718 (2006), 1874 (2009) and resolution 2087 (2013), and at the challenge such a test constitutes to the Treaty on Non-Proliferation of Nuclear Weapons (“the NPT”) and to international efforts aimed at strengthening the global regime of non-proliferation of nuclear weapons, and the danger it poses to peace and stability in the region and beyond,

Concerned that the DPRK is abusing the privileges and immunities accorded under the Vienna Convention on Diplomatic and Consular Relations,

Welcoming the Financial Action Task Force’s (FATF) new Recommendation 7 on targeted financial sanctions related to proliferation, and urging Member States to apply FATF’s Interpretative Note to Recommendation 7 and related guidance papers for effective implementation of targeted financial sanctions related to proliferation,

Expressing its gravest concern that the DPRK’s ongoing nuclear and ballistic missile-related activities have further generated increased tension in the region and beyond, and determining that there continues to exist a clear threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations, and taking measures under its Article 41,

  • 1. Condemns in the strongest terms the nuclear test conducted by the DPRK on 12 February 2013 (local time) in violation and flagrant disregard of the Council’s relevant resolutions;

  • 2. Decides that the DPRK shall not conduct any further launches that use ballistic missile technology, nuclear tests or any other provocation;

  • 3. Demands that the DPRK immediately retract its announcement of withdrawal from the NPT;

  • 4. Demands further that the DPRK return at an early date to the NPT and International Atomic Energy Agency (IAEA) safeguards, bearing in mind the rights and obligations of States parties to the NPT, and underlines the need for all States parties to the NPT to continue to comply with their Treaty obligations;

  • 5. Condemns all the DPRK’s ongoing nuclear activities, including its uranium enrichment, notes that all such activities are in violation of resolutions 1718 (2006), 1874 (2009) and 2087 (2013), reaffirms its decision that the DPRK shall abandon all nuclear weapons and existing nuclear programmes, in a complete, verifiable and irreversible manner and immediately cease all related activities and shall act strictly in accordance with the obligations applicable to parties under the NPT and the terms and conditions of the IAEA Safeguards Agreement (IAEA INFCIRC/403);

  • 6. Reaffirms its decision that the DPRK shall abandon all other existing weapons of mass destruction and ballistic missile programmes in a complete, verifiable and irreversible manner;

  • 7. Reaffirms that the measures imposed in paragraph 8 (c) of resolution 1718 (2006) apply to items prohibited by paragraphs 8 (a) (i), 8 (a) (ii) of resolution 1718 (2006) and paragraphs 9 and 10 of resolution 1874 (2009), decides that the measures imposed in paragraph 8 (c) of resolution 1718 (2006) also apply to paragraphs 20 and 22 of this resolution, and notes that these measures apply also to brokering or other intermediary services, including when arranging for the provision, maintenance or use of prohibited items in other States or the supply, sale or transfer to or exports from other States;

  • 8. Decides further that measures specified in paragraph 8 (d) of resolution 1718 (2006) shall apply also to the individuals and entities listed in annexes I and II of this resolution and to any individuals or entities acting on their behalf or at their direction, and to entities owned or controlled by them, including through illicit means, and decides further that the measures specified in paragraph 8 (d) of resolution 1718 (2006) shall apply to any individuals or entities acting on the behalf or at the direction of the individuals and entities that have already been designated, to entities owned or controlled by them, including through illicit means;

  • 9. Decides that the measures specified in paragraph 8 (e) of resolution 1718 (2006) shall also apply to the individuals listed in annex I of this resolution and to individuals acting on their behalf or at their direction;

  • 10. Decides that the measures specified in paragraph 8 (e) of resolution 1718 (2006) and the exemptions set forth in paragraph 10 of resolution 1718 (2006) shall also apply to any individual whom a State determines is working on behalf or at the direction of a designated individual or entity or individuals assisting the evasion of sanctions or violating the provisions of resolutions 1718 (2006), 1874 (2009), 2087 (2013), and this resolution, and further decides that, if such an individual is a DPRK national, then States shall expel the individual from their territories for the purpose of repatriation to the DPRK consistent with applicable national and international law, unless the presence of an individual is required for fulfilment of a judicial process or exclusively for medical, safety or other humanitarian purposes, provided that nothing in this paragraph shall impede the transit of representatives of the Government of the DPRK to the United Nations Headquarters to conduct United Nations business;

  • 11. Decides that Member States shall, in addition to implementing their obligations pursuant to paragraphs 8 (d) and (e) of resolution 1718 (2006), prevent the provision of financial services or the transfer to, through, or from their territory, or to or by their nationals or entities organized under their laws (including branches abroad), or persons or financial institutions in their territory, of any financial or other assets or resources, including bulk cash, that could contribute to the DPRK’s nuclear or ballistic missile programmes, or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, or to the evasion of measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, including by freezing any financial or other assets or resources on their territories or that hereafter come within their territories, or that are subject to their jurisdiction or that hereafter become subject to their jurisdiction, that are associated with such programmes or activities and applying enhanced monitoring to prevent all such transactions in accordance with their national authorities and legislation;

  • 12. Calls upon States to take appropriate measures to prohibit in their territories the opening of new branches, subsidiaries, or representative offices of DPRK banks, and also calls upon States to prohibit DPRK banks from establishing new joint ventures and from taking an ownership interest in or establishing or maintaining correspondent relationships with banks in their jurisdiction to prevent the provision of financial services if they have information that provides reasonable grounds to believe that these activities could contribute to the DPRK’s nuclear or ballistic missile programmes, or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), and this resolution, or to the evasion of measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution;

  • 13. Calls upon States to take appropriate measures to prohibit financial institutions within their territories or under their jurisdiction from opening representative offices or subsidiaries or banking accounts in the DPRK if they have information that provides reasonable grounds to believe that such financial services could contribute to the DPRK’s nuclear or ballistic missile programmes, and other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), and this resolution;

  • 14. Expresses concern that transfers to the DPRK of bulk cash may be used to evade the measures imposed in resolutions 1718 (2006), 1874 (2009), 2087 (2013), and this resolution, and clarifies that all States shall apply the measures set forth in paragraph 11 of this resolution to the transfers of cash, including through cash couriers, transiting to and from the DPRK so as to ensure such transfers of bulk cash do not contribute to the DPRK’s nuclear or ballistic missile programmes, or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, or to the evasion of measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution;

  • 15. Decides that all Member States shall not provide public financial support for trade with the DPRK (including the granting of export credits, guarantees or insurance to their nationals or entities involved in such trade) where such financial support could contribute to the DPRK’s nuclear or ballistic missile programmes, or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, or to the evasion of measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution;

  • 16. Decides that all States shall inspect all cargo within or transiting through their territory that has originated in the DPRK, or that is destined for the DPRK, or has been brokered or facilitated by the DPRK or its nationals, or by individuals or entities acting on their behalf, if the State concerned has credible information that provides reasonable grounds to believe the cargo contains items the supply, sale, transfer, or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, for the purpose of ensuring strict implementation of those provisions;

  • 17. Decides that, if any vessel has refused to allow an inspection after such an inspection has been authorized by the vessel’s flag State, or if any DPRK-flagged vessel has refused to be inspected pursuant to paragraph 12 of resolution 1874 (2009), all States shall deny such a vessel entry to their ports, unless entry is required for the purpose of an inspection, in the case of emergency or in the case of return to its port of origination, and decides further that any State that has been refused by a vessel to allow an inspection shall promptly report the incident to the Committee;

  • 18. Calls upon States to deny permission to any aircraft to take off from, land in or overfly their territory, if they have information that provides reasonable grounds to believe that the aircraft contains items the supply, sale, transfer or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, except in the case of an emergency landing;

  • 19. Requests all States to communicate to the Committee any information available on transfers of DPRK aircraft or vessels to other companies that may have been undertaken in order to evade the sanctions or in violating the provisions of resolution 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, including renaming or re-registering of aircraft, vessels or ships, and requests the Committee to make that information widely available;

  • 20. Decides that the measures imposed in paragraphs 8 (a) and 8 (b) of resolution 1718 (2006) shall also apply to the items, materials, equipment, goods and technology listed in annex III of this resolution;

  • 21. Directs the Committee to review and update the items contained in the lists specified in paragraph 5 (b) of resolution 2087 (2013) no later than twelve months from the adoption of this resolution and on an annual basis thereafter, and decides that, if the Committee has not acted to update this information by then, the Security Council will complete action to update within an additional thirty days;

  • 22. Calls upon and allows all States to prevent the direct or indirect supply, sale or transfer to or from the DPRK or its nationals, through their territories or by their nationals, or using their flag vessels or aircraft, and whether or not originating in their territories of any item if the State determines that such item could contribute to the DPRK’s nuclear or ballistic missile programmes, activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, or to the evasion of measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, and directs the Committee to issue an Implementation Assistance Notice regarding the proper implementation of this provision;

  • 23. Reaffirms the measures imposed in paragraph 8 (a) (iii) of resolution 1718 (2006) regarding luxury goods, and clarifies that the term “luxury goods” includes, but is not limited to, the items specified in annex IV of this resolution;

  • 24. Calls upon States to exercise enhanced vigilance over DPRK diplomatic personnel so as to prevent such individuals from contributing to the DPRK’s nuclear or ballistic missile programmes, or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), and this resolution, or to the evasion of measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution;

  • 25. Calls upon all States to report to the Security Council within ninety days of the adoption of this resolution, and thereafter upon request by the Committee, on concrete measures they have taken in order to implement effectively the provisions of this resolution, and requests the Panel of Experts established pursuant to resolution 1874 (2009), in cooperation with other UN sanctions monitoring groups, to continue its efforts to assist States in preparing and submitting such reports in a timely manner;

  • 26. Calls upon all States to supply information at their disposal regarding non-compliance with the measures imposed in resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution;

  • 27. Directs the Committee to respond effectively to violations of the measures decided in resolutions 1718 (2006), 1874 (2009), 2087 (2013), and this resolution, directs the Committee to designate additional individuals and entities to be subject to the measures imposed in resolutions 1718 (2006), 1874 (2009), 2087 (2013), and this resolution, and decides that the Committee may designate any individuals for measures under paragraphs 8 (d) and 8 (e) of resolution 1718 (2006) and entities for measures under paragraph 8 (d) of resolution 1718 (2006) that have contributed to the DPRK’s nuclear or ballistic missile programmes, or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, or to the evasion of measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution;

  • 28. Decides that the mandate of the Committee, as set out in paragraph 12 of resolution 1718 (2006), shall apply with respect to the measures imposed in resolution 1874 (2009) and this resolution;

  • 29. Recalls the creation, pursuant to paragraph 26 of resolution 1874 (2009), of a Panel of Experts, under the direction of the Committee, to carry out the tasks provided for by that paragraph, decides to extend until 7 April 2014 the Panel’s mandate, as renewed by resolution 2050 (2012), decides further that this mandate shall apply with respect to the measures imposed in this resolution, expresses its intent to review the mandate and take appropriate action regarding further extension no later than twelve months from the adoption of this resolution, requests the Secretary-General to create a group of up to eight experts and to take the necessary administrative measures to this effect, and requests the Committee, in consultation with the Panel, to adjust the Panel’s schedule of reporting;

  • 30. Emphasizes the importance of all States, including the DPRK, taking the necessary measures to ensure that no claim shall lie at the instance of the DPRK, or of any person or entity in the DPRK, or of persons or entities designated for measures set forth in resolutions 1718 (2006), 1874 (2009), 2087 (2013), or this resolution, or any person claiming through or for the benefit of any such person or entity, in connection with any contract or other transaction where its performance was prevented by reason of the measures imposed by this resolution or previous resolutions;

  • 31. Underlines that measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013) and this resolution are not intended to have adverse humanitarian consequences for the civilian population of the DPRK;

  • 32. Emphasizes that all Member States should comply with the provisions of paragraphs 8 (a) (iii) and 8 (d) of resolution 1718 (2006) without prejudice to the activities of diplomatic missions in the DPRK pursuant to the Vienna Convention on Diplomatic Relations;

  • 33. Expresses its commitment to a peaceful, diplomatic and political solution to the situation and welcomes efforts by Council members as well as other States to facilitate a peaceful and comprehensive solution through dialogue and to refrain from any actions that might aggravate tensions;

  • 34. Reaffirms its support to the Six-Party Talks, calls for their resumption, urges all the participants to intensify their efforts on the full and expeditious implementation of the 19 September 2005 Joint Statement issued by China, the DPRK, Japan, the Republic of Korea, the Russian Federation and the United States, with a view to achieving the verifiable denuclearization of the Korean Peninsula in a peaceful manner and to maintaining peace and stability on the Korean Peninsula and in north-east Asia;

  • 35. Reiterates the importance of maintaining peace and stability on the Korean Peninsula and in north-east Asia at large;

  • 36. Affirms that it shall keep the DPRK’s actions under continuous review and is prepared to strengthen, modify, suspend or lift the measures as may be needed in light of the DPRK’s compliance, and, in this regard, expresses its determination to take further significant measures in the event of a further DPRK launch or nuclear test;

  • 37. Decides to remain seized of the matter.

Annex I
Travel ban/asset freeze

  • 1. YO’N CHO’NG NAM

    • a) Description: Chief Representative for the Korea Mining Development Trading Corporation (KOMID). The KOMID was designated by the Committee in April 2009 and is the DPRK’s primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

  • 2. KO CH’O’L-CHAE

    • a) Description: Deputy Chief Representative for the Korea Mining Development Trading Corporation (KOMID). The KOMID was designated by the Committee in April 2009 and is the DPRK’s primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

  • 3. MUN CHO’NG-CH’O’L

    • a) Description: Mun Cho’ng-Ch’o’l is a TCB official. In this capacity he has facilitated transactions for TCB. Tanchon was designated by the Committee in April 2009 and is the main DPRK financial entity for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons.

Annex II
Asset freeze

  • 1. SECOND ACADEMY OF NATURAL SCIENCES

    • a) Description: The Second Academy of Natural Sciences is a national-level organization responsible for research and development of the DPRK’s advanced weapons systems, including missiles and probably nuclear weapons. The Second Academy of Natural Sciences uses a number of subordinate organizations to obtain technology, equipment, and information from overseas, including Tangun Trading Corporation, for use in the DPRK’s missile and probably nuclear weapons programmes.

      Tangun Trading Corporation was designated by the Committee in July 2009 and is primarily responsible for the procurement of commodities and technologies to support DPRK’s defence research and development programmes, including, but not limited to, weapons of mass destruction and delivery system programmes and procurement, including materials that are controlled or prohibited under relevant multilateral control regimes.

    • b) AKA: 2ND ACADEMY OF NATURAL SCIENCES; CHE 2 CHAYON KWAHAKWON; ACADEMY OF NATURAL SCIENCES; CHAYON KWAHAK-WON; NATIONAL DEFENSE ACADEMY; KUKPANG KWAHAK-WON; SECOND ACADEMY OF NATURAL SCIENCES RESEARCH INSTITUTE; SANSRI

    • c) Location: Pyongyang, DPRK

  • 2. KOREA COMPLEX EQUIPMENT IMPORT CORPORATION

    • a) Description: Korea Ryonbong General Corporation is the parent company of Korea Complex Equipment Import Corporation. Korea Ryonbong General Corporation was designated by the Committee in April 2009 and is a defence conglomerate specializing in acquisition for DPRK defence industries and support to that country’s military-related sales.

    • b) Location: Rakwon-dong, Pothonggang District, Pyongyang, DPRK


Annex III

Items, materials, equipment, goods and technology

Nuclear items

  • 1. Perfluorinated Lubricants

    • – They can be used for lubricating vacuum pump and compressor bearings. They have a low vapour pressure, are resistant to uranium hexafluoride (UF6), the gaseous uranium compound used in the gas centrifuge process, and are used for pumping fluorine.

  • 2. UF6 Corrosion Resistant Bellow-sealed Valves

    • – They can be used in uranium enrichment facilities (such as gas centrifuge and gaseous diffusion plants), in facilities that produce uranium hexafluoride (UF6), the gaseous uranium compound used in the gas centrifuge process, in fuel fabrication facilities and in facilities handling tritium.

Missile items

  • 1. Special corrosion resistant steels – limited to steels resistant to Inhibited Red Fuming Nitric Acid (IRFNA) or nitric acid, such as nitrogen stabilized duplex stainless steel (N-DSS).

  • 2. Ultra high-temperature ceramic composite materials in solid form (i.e. blocks, cylinders, tubes or ingots) in any of the following form factors:

    • a) Cylinders having a diameter of 120 mm or greater and a length of 50 mm or greater;

    • b) Tubes having an inner diameter of 65 mm or greater and a wall thickness of 25 mm or greater and a length of 50 mm or greater; or

    • c) Blocks having a size of 120 mm x 120 mm x 50 mm or greater.

  • 3. Pyrotechnically Actuated Valves.

  • 4. Measurement and control equipment usable for wind tunnels (balance, thermal stream measurement, flow control).

  • 5. Sodium Perchlorate.

Chemical weapons list

  • 1. Vacuum pumps with a manufacturer’s specified maximum flow-rate greater than 1 m3/h (under standard temperature and pressure conditions), casings (pump bodies), preformed casing-liners, impellers, rotors, and jet pump nozzles designed for such pumps, in which all surfaces that come into direct contact with the chemicals being processed are made from controlled materials.

Annex IV
Luxury goods

  • 1. Jewelry:

    • a) Jewelry with pearls;

    • b) Gems;

    • c) Precious and semi-precious stones (including diamonds, sapphires, rubies, and emeralds);

    • d) Jewelry of precious metal or of metal clad with precious metal.

  • 2. Transportation items, as follows:

    • a) Yachts;

    • b) Luxury automobiles (and motor vehicles): automobiles and other motor vehicles to transport people (other than public transport), including station wagons;

    • c) Racing cars.

Op 14 maart 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6934e zitting aangenomen Resolutie 2095 (2013) inzake Libië. De Engelse tekst van de resolutie luidt:

Resolution 2095 (2013)
Adopted by the Security Council at its 6934th meeting, on 14 March 2013

The Security Council,

Recalling its resolutions 1970 (2011) of 26 February 2011, 1973 (2011) of 17 March 2011, 2009 (2011) of 16 September 2011, 2016 (2011) of 27 October 2011, 2017 (2011) of 31 October 2011, 2022 (2011) of 2 December 2011, and 2040 of 12 March (2012),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Reaffirming its resolutions 1674 (2006) and 1894 (2009) on the protection of civilians in armed conflict, 1612 (2005), 1882 (2009), 1998 (2011), and 2068 (2012) on children and armed conflict, and 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), and 1960 (2010) on women, peace and security,

Looking forward to a future for Libya based on national reconciliation, justice, respect for human rights and the rule of law,

Emphasizing the importance of promoting the equal and full participation of all parts of Libyan society, including women, youth and minorities, in the political process in the post-conflict phase,

Recalling its decision in resolution 1970 (2011) to refer the situation in Libya to the Prosecutor of the International Criminal Court, and the importance of cooperation for ensuring that those responsible for violations of human rights and international humanitarian law, including attacks targeting civilians, are held accountable,

Expressing deep concern about reports of sexual violence during the conflict in Libya against women, men and children including in prison facilities and detention centres, and the recruitment and use of children in situations of armed conflict in violation of applicable international law,

Expressing concern at the lack of judicial process for conflict-related detainees, many of whom continue to be held outside State authority, and expressing deep concern at reports of human rights violations and abuses in detention centres, and taking note of recent actions by the Ministry of Justice to address these issues,

Reiterating that the voluntary, safe and sustainable return of refugees and internally displaced persons will be an important factor for the consolidation of peace in Libya,

Expressing concern at the illicit proliferation of all arms and related materiel of all types, in particular heavy and light weapons, small arms and man-portable surface-to-air missiles, from Libya, in the region and its negative impact on regional and international peace and security,

Reminding all Member States of the obligations contained in its resolutions 1970 (2011) and 1973 (2011), as modified in its subsequent resolutions, in particular those obligations relating to arms and related materiel of all types,

Expressing concern at an escalating series of security incidents, in particular in the east of Libya and along its southern borders,

Recalling the establishment of the United Nations Support Mission in Libya (UNSMIL) on 16 September 2011, and reaffirming that the United Nations should lead the coordination of the efforts of the international community in supporting, in accordance with the principles of national ownership and national responsibility, the Libyan-led transition and institution-building process aimed at establishing a peaceful, democratic, independent and united Libya,

Noting the centrality of credible elections and an inclusive constitutional drafting process to the democratic transition in Libya, and reaffirming UNSMIL’s readiness to provide assistance to this process, upon the request of the Libyan government,

Supporting the Libyan government’s intention to strengthen regional security and welcoming, in this regard, the agreement among Libya, Chad, Niger and Sudan to take steps to form a joint committee to address issues related to border security and the 12 January 2013 meeting in Ghadames with the Prime Ministers of Libya, Tunisia and Algeria that agreed joint measures to combat organized crime and illicit flows,

Taking note of the Libyan government’s priorities for international assistance in the areas of security sector reform, rule of law and transitional justice, and welcoming the support of UNSMIL in this regard, including at the meetings convened by the Libyan government with international partners in London on 17 December 2012 and Paris on 12 February 2013,

Taking note of the Report of the Secretary-General on UNSMIL (S/2013/104), including the recommendation for the 12 month extension of the UNSMIL mandate,

Taking note of the final report of the Panel of Experts submitted pursuant to paragraph 10 (b) of resolution 2040 (2012) and the findings and recommendations contained therein,

Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Welcomes the positive developments in Libya, including the 7 July 2012 national elections, the establishment of the General National Congress and the peaceful transfer of authority from the National Transitional Council to the first democratically constituted national unity government, which will improve the prospects for a democratic, peaceful and prosperous future for its people;

  • 2. Looks forward to an inclusive constitutional drafting process, and reiterates the need for the transitional period to be underpinned by a commitment to democracy, good governance, rule of law, national reconciliation and respect for human rights and fundamental freedoms of all people in Libya;

  • 3. Calls upon the Libyan government to promote and protect human rights, including those of women, children and people belonging to vulnerable groups, to comply with their obligations under international law, including human rights law, and calls for those responsible for serious violations of international humanitarian law and human rights law, including sexual violence and violations and abuses against children, to be held accountable in accordance with international standards, and urges all Member States to cooperate closely with the Libyan government in their efforts to end impunity for such violations;

  • 4. Calls upon the Libyan government to continue to cooperate fully with and provide any necessary assistance to the International Criminal Court and the Prosecutor as required by resolution 1970 (2011);

  • 5. Expresses grave concern at continuing reports of reprisals, arbitrary detentions without access to due process, wrongful imprisonment, mistreatment, torture and extrajudicial executions in Libya, calls upon the Libyan government to take all steps necessary to accelerate the judicial process, transfer detainees to State authority and prevent and investigate violations and abuses of human rights, calls for the immediate release of all foreign nationals illegally detained in Libya, and underscores the Libyan government’s primary responsibility for the protection of Libya’s population, as well as foreign nationals, including African migrants;

  • 6. Encourages Libya and neighbouring States to continue efforts to promote regional cooperation aimed at stabilization of the situation in Libya and to prevent former Libyan regime elements and violent extremist groups from using the territories of such States to plan, fund or carry out violent or other illicit acts to destabilize Libya and the States in the region, and notes that such cooperation would benefit stability in the Sahel region;

United Nations Mandate

  • 7. Decides to extend the mandate of the United Nations Support Mission in Libya (UNSMIL) for a further period of 12 months under the leadership of a Special Representative of the Secretary-General, and decides further that the mandate of UNSMIL as an integrated special political mission, in full accordance with the principles of national ownership, shall be to assist the Libyan government to define national needs and priorities throughout Libya, and to match these with offers of strategic and technical advice where appropriate, and to support Libyan efforts to:

    • a) Manage the process of democratic transition, including through technical advice and assistance to Libyan electoral processes and the process of preparing, drafting and adopting a new Libyan constitution, and assistance that improves institutional capacity, transparency and accountability, promotes the empowerment and political participation of all parts of Libyan society, in particular women and minorities, including in the constitutional drafting process, and supports the further development of Libyan civil society;

    • b) Promote the rule of law and monitor and protect human rights, in accordance with Libya’s international legal obligations, particularly those of women and people belonging to vulnerable groups, such as children, minorities and migrants, including through assisting the Libyan government to ensure the humane treatment of and due process for detainees and to reform and build transparent and accountable justice and correctional systems, supporting the development and implementation of a comprehensive transitional justice strategy, and providing assistance towards national reconciliation as well as support to ensure the continued identification, separation and reintegration of children affected by armed conflict;

    • c) Restore public security, including through the provision of appropriate strategic and technical advice and assistance to the Libyan government to develop capable institutions and effective national security coordination, and implement a coherent national policy for the integration of ex-combatants into Libyan national security forces or their demobilization and reintegration into civilian life, including education and employment opportunities, and to develop defence, police and security institutions that are capable, accountable, respectful of human rights and accessible and responsive to women and vulnerable groups;

    • d) Counter illicit proliferation of all arms and related materiel of all types, in particular heavy and light weapons, small arms and man-portable surface-to-air missiles, including through the development of a coordinated strategy in this regard, to clear explosive remnants of war, conduct demining programmes and conventional munitions disposal, secure and manage Libya’s borders, and implement international conventions on chemical, biological and nuclear weapons and materials, in coordination with the relevant United Nations agencies, the Organization for the Prohibition of Chemical Weapons, and international and regional partners;

    • e) Coordinate international assistance and build government capacity across all relevant sectors set out in relation to paragraphs 7 (a) to (d), including by supporting the appropriate coordination mechanism within the Libyan government, advice to the Libyan government to help identify priority needs for international support, engaging international partners in the process wherever appropriate, facilitation of international assistance to the Libyan government, and establishing a clear division of labour and regular and frequent communication between all those providing assistance to Libya;

  • 8. Encourages UNSMIL to continue to support efforts to promote national reconciliation, inclusive political dialogue and political processes aimed at promoting free, fair and credible elections, transitional justice and respect for human rights throughout Libya;

Arms embargo

  • 9. Decides that supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, shall no longer require the approval of the Committee, as previously provided for in paragraph 9 (a) of resolution 1970 (2011);

  • 10. Decides that supplies of non-lethal military equipment, and the provision of any technical assistance, training or financial assistance, when intended solely for security or disarmament assistance to the Libyan government, shall no longer require notification to, or the absence of a negative decision by, the Committee, as previously provided for in paragraph 13 (a) of resolution 2009 (2011);

  • 11. Urges the Libyan government to improve further the monitoring of arms or related materiel that is supplied, sold or transferred to Libya in accordance with paragraph 9 (c) of resolution 1970 (2011) or paragraph 13 (a) of resolution 2009 (2011), including through the use of end-user certificates, and urges Member States and regional organizations to provide assistance to the Libyan government to strengthen the infrastructure and mechanisms currently in place to do so;

  • 12. Condemns the reported continuing violations of the measures contained in resolutions 1970 (2011) and 1973 (2011), as modified in its subsequent resolutions, and recalls the mandate of the Committee, as defined in paragraph 24 of resolution 1970 (2011), to examine and take appropriate action on information regarding alleged violations or non-compliance with those measures;

Asset freeze

  • 13. Directs the Committee, in consultation with the Libyan government, to review continuously the remaining measures imposed by resolutions 1970 (2011) and 1973 (2011), as modified by resolution 2009 (2011), with respect to the Libyan Investment Authority (LIA) and the Libyan Africa Investment Portfolio (LAIP), and decides that the Committee shall, in consultation with the Libyan government, lift the designation of these entities as soon as practical to ensure the assets are made available to and for the benefit of the people of Libya;

Panel of Experts

  • 14. Decides to extend the mandate of the Panel of Experts, established by paragraph 24 of resolution 1973 (2011) and modified by resolution 2040 (2012), for a period of thirteen months, expresses its intent to review the mandate and take appropriate action regarding further extension no later than twelve months from the adoption of this resolution, and decides that the Panel shall carry out the following tasks:

    • a) Assist the Committee in carrying out its mandate as specified in paragraph 24 of resolution 1970 (2011);

    • b) Gather, examine and analyse information from States, relevant United Nations bodies, regional organizations and other interested parties regarding the implementation of the measures decided in resolutions 1970 (2011) and 1973 (2011) and modified in resolutions 2009 (2011) and 2040 (2012) and in this resolution, in particular incidents of non-compliance;

    • c) Make recommendations on actions that the Council, the Committee, the Libyan government or other States may consider to improve implementation of the relevant measures;

    • d) Provide to the Council an interim report on its work no later than 90 days after the Panel’s appointment, and a final report to the Council no later than 60 days prior to the termination of its mandate with its findings and recommendations;

  • 15. Urges all States, relevant United Nations bodies, including UNSMIL, and other interested parties, to cooperate fully with the Committee and the Panel, in particular by supplying any information at their disposal on the implementation of the measures decided in resolutions 1970 (2011) and 1973 (2011), and modified in resolutions 2009 (2011) and 2040 (2012) and in this resolution, in particular incidents of non-compliance;

  • 16. Encourages the Panel, while mindful of UNSMIL’s responsibility for assisting the Libyan government to counter illicit proliferation of all arms and related materiel of all types, in particular heavy and light weapons, small arms and man-portable surface-to-air missiles, and to secure and manage Libya’s borders, to continue and expedite its investigations regarding sanctions non-compliance, including illicit transfers of arms and related materiel to and from Libya and the assets of individuals subject to the asset freeze established in resolutions 1970 (2011) and 1973 (2011), and modified in resolutions 2009 (2011), 2040 (2012) and this resolution, and encourages UNSMIL and the Libyan government to support Panel investigatory work inside Libya, including by sharing information, facilitating transit and granting access to weapons storage facilities, as appropriate;

Reporting and review

  • 17. Expresses its intent to review the mandate of the Committee in the event that the measures imposed in resolutions 1970 (2011) and 1973 (2011), and modified in resolutions 2009 (2011), 2040(2012) and in this resolution, should be lifted by a future decision of the Security Council;

  • 18. Requests the Secretary-General to report to the Security Council on the implementation of this resolution, including all elements of UNSMIL’s mandate, every 90 days;

  • 19. Decides to remain actively seized of the matter.

Op 25 april 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 6953e zitting aangenomen Resolutie 2101 (2013) inzake Ivoorkust. De Engelse tekst van de resolutie luidt:

Resolution 2101 (2013)
Adopted by the Security Council at its 6953rd meeting, on 25 April 2013

The Security Council,

Recalling its previous resolutions and the statements of its President relating to the situation in Côte d’Ivoire, in particular resolutions 1880 (2009), 1893 (2009), 1911 (2010), 1933 (2010), 1946 (2010), 1962 (2010), 1975 (2011), 1980 (2011), 2000 (2011), 2045 (2012), 2062 (2012),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Côte d’Ivoire, and recalling the importance of the principles of good-neighbourliness, non-interference and regional cooperation,

Welcoming the special report of the Secretary-General dated 29 March 2012 (S/2012/186), of the 2012 midterm report (S/2012/766), and the Final 2013 report (S/2013/228), of the United Nations Group of Experts,

Recognizing the continued contribution to the stability in Côte d’Ivoire of the measures imposed by resolutions 1572 (2004), 1643 (2005), 1975 (2011) and 1980 (2011), and stressing that these measures aim at supporting the peace process in Côte d’Ivoire with a view to possibly further modifying or lifting all or part of the remaining measures, in accordance with progress achieved in relation to DDR and SSR, national reconciliation and the fight against impunity,

Welcoming the steady progress and achievements Côte d’Ivoire has made in the past months in returning to stabilization, addressing immediate security challenges, advancing economic recovery and strengthening international and regional cooperation, notably enhanced cooperation with the governments of Ghana and Liberia,

Welcoming the completion of the electoral cycle that originated in the Ouagadougou Accords, including the recent legislative elections in six districts and nation-wide municipal elections, and encouraging the government and the opposition to move positively and collaboratively towards political reconciliation and electoral reform to ensure that the political space remains open and transparent,

Expressing concern at the slow progress in the reconciliation process, while acknowledging the efforts by all the Ivorians to promote national reconciliation and to consolidate peace through dialogue and consultation, encouraging the Dialogue, Truth and Reconciliation Commission to complete its work and produce concrete results by 30 September 2013 when its mandate expires,

Remaining concerned about the unresolved challenge of security sector reform (SSR) and disarmament, demobilization and reintegration (DDR), as well as the circulation of weapons, which continue to be significant risks to the stability of the country, and welcoming positive steps in this direction, notably the endorsement of the national security sector reform strategy by the National Security Council and the establishment of a single authority for DDR,

Reiterating the urgent need for the Government of Côte d’Ivoire to train and equip its security forces, especially the police and gendarmerie with standard policing weapons and ammunition,

Re-emphasizing the importance of the Ivorian Government to be able to respond proportionately to threats to the security of all citizens in Côte d’Ivoire and calling on the Government of Côte d’Ivoire to ensure that its security forces remain committed to upholding human rights and applicable international law,

Welcoming the continued cooperation of the Government of Côte d’Ivoire with the Group of Experts, originally established pursuant to paragraph 7 of resolution 1584 (2004), during the course of its last mandate renewed by resolution 2045 (2012) and encouraging closer cooperation,

Welcoming the efforts made by the Secretariat to expand and improve the roster of experts for the Security Council Subsidiary Organs Branch, bearing in mind the guidance provided by the Note of the President S/2006/997,

Expressing concern at the findings of the Group of Experts on the extension of an illegal taxation system, the increase in the number of checkpoints and incidents of racketeering and the lack of capacity and resources available for the control of borders,

Further expressing concern at the large-scale contraband of natural resources, in particular cocoa, cashew nuts, cotton, timber, gold and diamonds which are illegally exported from or imported into Côte d’Ivoire,

Recalling its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) on women, peace and security, its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012) on children and armed conflict and its resolutions 1674 (2006), 1894 (2009) on the protection of civilians in armed conflicts,

Reiterating its firm condemnation of all violations of human rights and international humanitarian law in Côte d’Ivoire, condemning all violence committed against civilians, including women, children, internally displaced persons and foreign nationals, and other violations and abuses of human rights, and stressing that the perpetrators must be brought to justice, whether in domestic or international courts, and encouraging the Government of Côte d’Ivoire to continue its close cooperation with the International Criminal Court,

Stressing the importance for the Group of Experts to be provided with the sufficient resources for the implementation of its mandate,

Determining that the situation in Côte d’Ivoire continues to pose a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Decides, for a period ending on 30 April 2014, that all States shall take the necessary measures to prevent the direct or indirect supply, sale or transfer to Côte d’Ivoire, from their territories or by their nationals, or using their flag vessels or aircraft, of arms and any related materiel, whether or not originating in their territories;

  • 2. Recalls that the measures on arms and related materiel, previously imposed by paragraph 7 and 8 of resolution 1572 (2004), have been replaced by paragraphs 2, 3 and 4 of resolution 2045 (2012) and no longer apply to the provision of training, advice and expertise related to security and military activities, as well as to the supplies of civilian vehicles to the Ivorian security forces;

  • 3. Decides that the measures imposed by paragraph 1 above shall not apply to:

    • a) supplies intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire (UNOCI) and the French forces who support them;

    • b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, as notified in advance to the Committee established by paragraph 14 of resolution 1572 (2004);

    • c) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

    • d) supplies temporarily exported to Côte d’Ivoire to the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’Ivoire, as notified in advance to the Committee established by paragraph 14 of resolution 1572 (2004);

    • e) supplies of non-lethal law enforcement equipment intended to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order, as notified in advance to the Committee established by paragraph 14 of resolution 1572 (2004);

    • f) supplies of arms and other related lethal equipment to the Ivorian security forces, intended solely for support of or use in the Ivorian process of SSR, as approved in advance by the Committee established by paragraph 14 of resolution 1572 (2004);

  • 4. Decides, for the period referred to in paragraph 1 above, that the Ivorian authorities shall notify to the Committee any shipment of items referred to in paragraph 3 (e) or shall request an approval in advance to the Committee for any shipments of items referred to in paragraph 3 (f) above, further decides that the Member State delivering assistance may, in the alternative, make this notification pursuant to paragraph 3(e) after informing the Government of Côte d’Ivoire that it intends to do so, and stresses the importance that such notifications and authorisation requests contain all relevant information, including the purpose of the use and end user, the technical specifications and quantity of the equipment to be shipped and, when applicable, the supplier, the proposed date of delivery, mode of transportation and itinerary of shipments;

  • 5. Urges the Government of Côte d’Ivoire to allow the Group of Experts and UNOCI access to the exempted materiel at the time of import and before the transfer to the end user takes place, stresses that the Government of Côte d’Ivoire shall mark the arms and related materiel when received in the territory of Côte d’Ivoire and maintain a registry of them and expresses its willingness to consider an extension of the notification procedure to all embargo exemptions in accordance with progress achieved in relation to DDR and SSR;

  • 6. Decides to renew until 30 April 2014 the financial and travel measures imposed by paragraphs 9 to 12 of resolution 1572 (2004) and paragraph 12 of resolution 1975 (2011) and further decides to renew until 30 April 2014 the measures preventing the importation by any State of all rough diamonds from Côte d’Ivoire imposed by paragraph 6 of resolution 1643 (2005), with a readiness to review measures in light of progress made towards Kimberley Process implementation;

  • 7. Decides to further review the measures decided in paragraph 1, 3, 4, above in light of the progress achieved in the stabilization throughout the country, by the end of the period mentioned in paragraph 1, with a view to possibly further modifying or lifting all or part of the remaining measures, in accordance with progress achieved in relation to DDR and SSR, national reconciliation and the fight against impunity;

  • 8. Calls upon the Government of Côte d’Ivoire to take the necessary steps to enforce the measures imposed by paragraphs 1 above, including by incorporating relevant provisions in its national legal framework;

  • 9. Calls upon all Member States, in particular those in the subregion, to fully implement the measures mentioned in paragraph 1 and 6 above;

  • 10. Expresses its deep concern about the instability in western Côte d’Ivoire, welcomes and further encourages the coordinated action by authorities from neighbouring countries to address this issue, particularly with respect to the border area, including through increasing monitoring, information sharing and conducting coordinated actions, and in developing and implementing a shared border strategy to inter al support the disarmament and repatriation of foreign armed elements on both sides of the border and the repatriation of refugees;

  • 11. Encourages UNOCI and the United Nations Mission in Liberia (UNMIL), within their respective mandates, capabilities and areas of deployment, to continue to coordinate closely in assisting respectively the Governments of Côte d’Ivoire and Liberia in monitoring their border, and welcomes further cooperation between the Group of Experts and the Panel of Experts on Liberia appointed pursuant to paragraph 4 of resolution 1854 (2008);

  • 12. Urges all illegal Ivorian armed combatants, including in neighbouring countries, to lay down their arms immediately, encourages UNOCI, within its mandate and limits of capabilities and areas of deployment, to continue to assist the Government of Côte d’Ivoire in collecting and storing the arms and registering all relevant information related to those arms and further calls upon the Government of Côte d’Ivoire, including the National Commission to fight against the Proliferation and Illicit Traffic of Small Arms and Light Weapons, to ensure that those arms are neutralized or not illegally disseminated, in accordance with the ECOWAS Convention on Small Arms and Light Weapons, Their Ammunition and Other Associated Materials;

  • 13. Welcomes the decision by the Government of Côte d’Ivoire to ratify the ECOWAS Convention on Small Arms and Light Weapons, Their Ammunition and Other Associated Materials and encourages relevant actors to provide technical assistance to the Government of Côte d’Ivoire towards its implementation;

  • 14. Recalls that UNOCI, within the monitoring of the arms embargo, is mandated to collect, as appropriate, arms and any related materiel brought into Côte d’Ivoire in violation of the measures imposed by paragraph 7 of resolution 1572 (2004) as amended by paragraph 1, 2 of resolution 2045 (2012), and to dispose of such arms and related materiel as appropriate;

  • 15. Reiterates the necessity for the Ivorian authorities to provide unhindered access to the Group of Experts, as well as UNOCI and the French forces which support it, to equipment, sites and installations referred to in paragraph 2 (a) of resolution 1584 (2005), and to all weapons, ammunition and related materiel of all armed security forces, regardless of location, including the arms issued from the collection referred to in paragraph 11 or 12 above, when appropriate without notice, as set out in its resolutions 1739 (2007), 1880 (2009), 1933 (2010), 1962 (2010), 1980 (2011) and 2062 (2012);

  • 16. Reiterating its commitment to impose targeted measures as expressed in paragraph 10 of resolution 1980 (2011);

  • 17. Requests all States concerned, in particular those in the subregion, to cooperate fully with the Committee, and authorizes the Committee to request whatever further information it may consider necessary;

  • 18. Decides to extend the mandate of the Group of Experts as set out in paragraph 7 of resolution 1727 (2006) until 30 April 2014 and requests the Secretary-General to take the necessary measures to support its action;

  • 19. Requests the Group of Experts to submit a midterm report to the Committee by 15 October 2013 and to submit a final report as well as recommendations to the Security Council through the Committee 30 days before the end of its mandated period, on the implementation of the measures imposed by paragraphs 1 above, 9 and 11 of resolution 1572 (2004), paragraph 6 of resolution 1643 (2005), paragraph 12 of resolution 1975 (2011) and paragraph 10 of resolution 1980 (2011);

  • 20. Decides that the report of the Group of Experts, as referred to in paragraph 7 (e) of resolution 1727 (2006) may include, as appropriate, any information and recommendations relevant to the Committee’s possible additional designation of the individuals and entities described in paragraphs 9 and 11 of resolution 1572 (2004) and paragraph 10 of resolution 1980 (2011) and further recalls the Informal Working Group on General Issues of Sanctions report (S/2006/997) on best practices and methods, including paragraphs 21, 22 and 23 that discuss possible steps for clarifying methodological standards for monitoring mechanisms;

  • 21. Requests the Secretary-General to communicate as appropriate to the Security Council, through the Committee, information gathered by UNOCI and, where possible, reviewed by the Group of Experts, concerning the supply of arms and related materiel to Côte d’Ivoire;

  • 22. Requests also the French Government to communicate as appropriate to the Security Council, through the Committee, information gathered by the French forces and, where possible, reviewed by the Group of Experts, concerning the supply of arms and related materiel to Côte d’Ivoire;

  • 23. Requests also the Kimberley Process and other appropriate national and international agencies to work in close cooperation with the Group of Experts and its enquiries concerning the individuals and networks involved in the production, trading and illicit export of diamonds from Côte d’Ivoire, to exchange information on a regular basis, and to communicate as appropriate to the Security Council, through the Committee, on such matters, and further decides to renew the exemptions set out by paragraph 16 and 17 of resolution 1893 (2009) with regard to the securing of samples of rough diamonds for scientific research purposes coordinated by the Kimberley Process;

  • 24. Urges the Ivorian authorities to implement its action plan to enforce the Kimberley Process minimum requirements in Côte d’Ivoire and further encourages them to continue to work closely with the Kimberley Process Certification Scheme to conduct a review and assessment of Côte d’Ivoire’s internal controls system for trade in rough diamonds and a comprehensive geologic study of Côte d’Ivoire’s potential diamond resources and production capacity, with a view to possibly modifying or lifting, as appropriate, the measures imposed by paragraph 6 of resolution 1643 (2005) in accordance with paragraph 6 above;

  • 25. Encourages the Ivorian authorities to participate in the OECD-hosted implementation programme with regard to the due diligence guidelines for responsible supply chains of minerals from conflict-affected and high-risk areas and to reach out to international organizations with a view to taking advantage of lessons learned from other initiatives and countries that have and are confronting similar issues on artisanal mining;

  • 26. Calls upon the Ivorian authorities to take the necessary measures to dismantle the illegal taxation networks, including by undertaking relevant and thorough investigations, reduce the number of checkpoints and prevent incidents of racketeering throughout the country and further calls upon the authorities to take the necessary steps to continue to re-establish and reinforce relevant institutions and to accelerate the deployment of customs and border control officials in the North, West and East of the country;

  • 27. Asks the Group of Experts to assess the effectiveness of these border measures and control in the region, encourages all neighbouring States to be aware of Ivorian efforts in that regard and encourages UNOCI, within its mandate, to continue its assistance to Ivorian authorities in the re-establishment of normal customs and border control operation;

  • 28. Urges all States, relevant United Nations bodies and other organizations and interested parties, to cooperate fully with the Committee, the Group of Experts, UNOCI and the French forces, in particular by supplying any information at their disposal on possible violations of the measures imposed by paragraphs 1, 2 and 3 above, paragraphs 9 and 11 of resolution 1572 (2004), paragraph 6 of resolution 1643 (2005) and paragraph 12 of resolution 1975 (2011), and further requests the Group of Experts to coordinate its activities as appropriate with all political actors;

  • 29. Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative of the Secretary-General for Sexual Violence in Conflict to continue sharing relevant information with the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011);

  • 30. Urges further in this context that all Ivorian parties and all States, particularly those in the region, ensure:

    • – the safety of the members of the Group of Experts;

    • – unhindered access by the Group of Experts, in particular to persons, documents and sites in order for the Group of Experts to execute its mandate;

  • 31. Decides to remain actively seized of the matter.

Op 24 juli 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7009e zitting aangenomen Resolutie 2111 (2013) inzake Somalië. De Engelse tekst van de resolutie luidt:

Resolution 2111 (2013)
Adopted by the Security Council at its 7009th meeting, on 24 July 2013

The Security Council,

Reaffirming its previous resolutions and statements of its President concerning the situation in Somalia and Eritrea, in particular resolutions 733 (1992), 1844 (2008), 1907 (2009), 2036 (2012), 2060 (2012) and 2093 (2013),

Taking note of the final reports of the Somalia and Eritrea Monitoring Group (the Monitoring Group) on Somalia (S/2013/413) and Eritrea,

Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, Djibouti and Eritrea respectively,

Expressing concern at the continued violation of the charcoal ban, and expressing particular concern over the situation in Kismayo and the impact of these violations on the deteriorating security situation in the Juba regions,

Condemning flows of weapons and ammunition supplies to and through Somalia and Eritrea in violation of the arms embargo on Somalia and the arms embargo on Eritrea, as a serious threat to peace and stability in the region,

Expressing concern at the reports of violations of human rights, including extrajudicial killings, violence against women, children and journalists, arbitrary detention and pervasive sexual violence in Somalia, including in camps for internally displaced persons, and underscoring the need to end impunity, uphold human rights and to hold accountable those who commit such crimes,

Underlining the importance of the Federal Government of Somalia and donors being mutually accountable and transparent in the allocation of financial resources,

Recognizing the significant progress in Somalia over the past year, commending the Federal Government of Somalia for its efforts to bring peace and stability to Somalia, and encouraging it to set out and define a clear political process towards implementing a federal structure, in line with the provisional constitution of Somalia,

Encouraging the engagement of the Federal Government of Somalia in identifying for listing individuals and entities engaging in acts that threaten the peace, security and stability of Somalia, as well as other listing criteria,

Welcoming the intention of the Monitoring Group to continue building a productive relationship with the Federal Government of Somalia,

Expressing concern at the level of information sharing between humanitarian agencies and the Monitoring Group, and urging enhanced information sharing and dialogue between the Monitoring Group and relevant humanitarian agencies,

Expressing its desire to consolidate and affirm current exemptions to the arms embargo on Somalia and Eritrea in order to facilitate its implementation as well as to add new exemptions in operative paragraph 10 of this resolution,

Looking forward to the EU-Somalia Conference in Brussels on 16 September, and in that context urging the international community to work together to ensure Somali government priorities are effectively supported,

Underlining the importance of international support to the Federal Government of Somalia in fulfilling its commitments under the terms of the suspension of the arms embargo,

Welcoming the efforts made by the Secretariat to expand and improve the roster of experts for the Security Council Subsidiary Organs Branch, bearing in mind the guidance provided by the Note of the President S/2006/997,

Recalling the Informal Working Group on General Issues of Sanctions report (S/2006/997) on best practices and methods, including paragraphs 21, 22 and 23 that discuss possible steps for clarifying methodological standards for monitoring mechanisms,

Determining that the situation in Somalia, Eritrea’s influence in Somalia, as well as the dispute between Djibouti and Eritrea, continue to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Recalls resolution 1844 (2008) which imposed targeted sanctions and resolutions 2002 (2011) and 2093 (2013) which expanded the listing criteria, and notes one of the listing criteria under resolution 1844 (2008) is engaging in acts that threaten the peace, security and stability of Somalia;

  • 2. Reiterates its willingness to adopt targeted measures against individuals and entities on the basis of the above mentioned criteria;

  • 3. Reiterates that obstructing the investigations or work of the Monitoring Group is a criterion for listing under paragraph 15 (e) of resolution 1907 (2009);

Arms embargo

  • 4. Reaffirms the arms embargo on Somalia, imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon in paragraphs 1 and 2 of resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 (2013) (hereafter referred to as “the arms embargo on Somalia”);

  • 5. Further reaffirms the arms embargo on Eritrea imposed by paragraphs 5 and 6 of resolution 1907 (2009) (hereafter referred to as “the arms embargo on Eritrea”);

  • 6. Decides that until 6 March 2014 the arms embargo on Somalia shall not apply to deliveries of weapons or military equipment or the provision of advice, assistance or training, intended solely for the development of the Security Forces of the Federal Government of Somalia, to provide security for the Somali people, except in relation to deliveries of the items set out in the annex to this resolution;

  • 7. Decides that supplies of items in the annex to this resolution to the Federal Government of Somalia by Member States or international, regional, and subregional organizations require an advance approval by the committee on a case-by-case basis;

  • 8. Decides that weapons or military equipment sold or supplied solely for the development of the Security Forces of the Federal Government of Somalia may not be resold to, transferred to, or made available for use by, any individual or entity not in the service of the Security Forces of the Federal Government of Somalia;

  • 9. Reminds the Federal Government of Somalia of its obligations to report to the Security Council no later than 6 October 2013, following that by 6 February 2014, and every six months thereafter, on:

    • a) The structure of the Security Forces of the Federal Government of Somalia;

    • b) The infrastructure in place to ensure the safe storage, registration, maintenance and distribution of military equipment by the Security Forces of the Federal Government of Somalia;

    • c) The procedures and codes of conduct in place for the registration, distribution, use and storage of weapons by the Security Forces of the Federal Government of Somalia, and on training needs in this regard;

  • 10. Decides that the arms embargo on Somalia shall not apply to:

    • a) Supplies of weapons or military equipment or the provision of assistance, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM);

    • b) Supplies of weapons and military equipment, technical training and assistance intended solely for the support of or use by the African Union Mission in Somalia (AMISOM);

    • c) Supplies of weapons or military equipment or the provision of assistance intended solely for the support of, or use by, AMISOM’s strategic partners, operating solely under the African Union Strategic Concept of 5 January 2012 (or subsequent AU strategic concepts), and in cooperation and coordination with AMISOM;

    • d) Supplies of weapons and military equipment, technical training and assistance intended solely for the support of or use by the European Union Training Mission (EUTM) in Somalia;

    • e) Supplies of weapons and military equipment destined for the sole use of Member States or international, regional and subregional organizations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia, upon the request of the Federal Government of Somalia for which it has notified the Secretary-General, and provided that any measures undertaken shall be consistent with applicable international humanitarian and human rights law;

    • f) Supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

    • g) Supplies of non-lethal military equipment intended solely for humanitarian or protective use, notified to the Committee five days in advance and for its information only, by the supplying State, international, regional or subregional organization;

  • 11. Further decides that the arms embargo on Somalia shall not apply to:

    • a) Supplies of weapons or military equipment and technical assistance or training by Member States or international, regional and subregional organizations intended solely for the purposes of helping develop Somali security sector institutions, in the absence of a negative decision by the Committee within five working days of receiving a notification of any such assistance from the supplying State, international, regional or subregional organization;

  • 12. Decides that the arms embargo on Eritrea shall not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, as approved on case-by-case basis in advance by the Committee;

  • 13. Decides that the arms embargo on Eritrea shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Eritrea by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

Notification to the Committee

  • 14. Decides that the Federal Government of Somalia has the primary responsibility to notify the Committee, for its information at least five days in advance, of any deliveries of weapons or military equipment or the provision of assistance intended solely for the Security Forces of the Federal Government of Somalia, as permitted in paragraph 6 of this resolution and excluding the items listed in the Annex to this resolution;

  • 15. Further decides that the Member State or international, regional and subregional organization delivering assistance may, in the alternative, make this notification in consultation with the Federal Government of Somalia;

  • 16. Stresses the importance that notifications submitted to the Committee in accordance with paragraphs 14 and 15 above, contain all relevant information, including where applicable, the type and quantity of weapons, ammunitions, military equipment and materiel to be delivered, the proposed date and the specific place of delivery in Somalia;

  • 17. Calls on the Federal Government of Somalia to fulfil its obligations under the terms of the suspension of the arms embargo, in particular the notification procedure set out in paragraph 14 of this resolution;

Charcoal ban

  • 18. Reiterates that the Somali authorities shall take the necessary measures to prevent the export of charcoal from Somalia and requests that AMISOM support and assist the Somali authorities in doing so, as part of AMISOM’s implementation of its mandate set out in paragraph 1 of resolution 2093, and reiterates that all Member States shall take the necessary measures to prevent the direct or indirect import of charcoal from Somalia, whether or not such charcoal originated in Somalia;

  • 19. Expresses its deep concern at reports of continuing violations of the charcoal ban by Member States, requests further detailed information from the Monitoring Group on possible environmentally sound destruction of Somali charcoal, reiterates its support for the President of Somalia’s task-force on charcoal issues, and underscores its willingness to take action against those who violate the charcoal ban;

  • 20. Reminds all Member States, including police and troop contributing contingents to AMISOM, of their obligations to abide by the charcoal ban, as set out in resolution 2036 (2012);

Humanitarian issues

  • 21. Underscores the importance of humanitarian aid operations, condemns any politicization of humanitarian assistance, or misuse or misappropriation, and calls upon Member States and the United Nations to take all feasible steps to mitigate these aforementioned practices in Somalia;

  • 22. Decides that until 25 October 2014 and without prejudice to humanitarian assistance programmes conducted elsewhere, the measures imposed by paragraph 3 of resolution 1844 (2008) shall not apply to the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia, by the United Nations, its specialized agencies or programmes, humanitarian organizations having observer status with the United Nations General Assembly that provide humanitarian assistance, and their implementing partners including bilaterally or multilaterally funded NGOs participating in the United Nations Consolidated Appeal for Somalia;

  • 23. Requests the Emergency Relief Coordinator to report to the Security Council by 20 March 2014 and again by 20 September 2014 on the delivery of humanitarian assistance in Somalia and on any impediments to the delivery of humanitarian assistance in Somalia, and requests relevant United Nations agencies and humanitarian organizations having observer status with the United Nations General Assembly and their implementing partners that provide humanitarian assistance in Somalia to increase their cooperation and willingness to share information with the United Nations Humanitarian Aid Coordinator for Somalia in the preparation of such reports and in the interests of increasing transparency and accountability;

  • 24. Requests enhanced cooperation, coordination and information sharing between the Monitoring Group and the humanitarian organizations operating in Somalia and neighbouring countries;

Public financial management

  • 25. Takes note of the President of Somalia’s commitment to improve public financial management, expresses its serious concern at reports of misappropriation of Somalia’s public resources, underlines the importance of transparent and effective management of public finances, encourages more robust efforts across the Federal Government of Somalia to address corruption and hold perpetrators accountable, improve public financial management and accountability, and reiterates its willingness to take action against individuals involved in the misappropriation of public resources;

Petroleum sector

  • 26. Encourages the Federal Government of Somalia, to mitigate properly against the risk of the petroleum sector in Somalia becoming a source of increased tension in Somalia;

Mandate of the Monitoring Group

  • 27. Decides to extend until 25 November 2014 the mandate of the Somalia and Eritrea Monitoring Group as set out in paragraph 13 of resolution 2060 (2012) and updated in paragraph 41 of resolution 2093 (2013), expresses its intent to review the mandate and take appropriate action regarding the further extension no later than 25 October 2014, and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to re-establish the Monitoring Group, in consultation with the Committee, for a period of sixteen months from the date of this resolution, drawing, as appropriate, on the expertise of the members of the Monitoring Group established pursuant to previous resolutions;

  • 28. Requests the Monitoring Group to submit, for the Security Council’s consideration, through the Committee, two final reports; one focusing on Somalia, the other on Eritrea, covering all the tasks set out in paragraph 13 of resolution 2060 (2012) and updated in paragraph 41 of resolution 2093 (2013), no later than thirty days prior to the termination of the Monitoring Group’s mandate;

  • 29. Requests the Committee, in accordance with its mandate and in consultation with the Monitoring Group and other relevant United Nations entities to consider the recommendations in the reports of the Monitoring Group and recommend to the Council ways to improve the implementation of and compliance with the Somalia and Eritrea arms embargoes, the measures regarding the import and export of charcoal from Somalia, as well as implementation of the targeted measures imposed by paragraphs 1, 3 and 7 of resolutions 1844 (2008) and paragraphs 5, 6, 8, 10, 12 and 13 of resolution 1907 (2009) taking into account paragraph 1 above, in response to continuing violations;

  • 30. Decides that the Monitoring Group shall no longer be obliged to submit monthly reports to the Committee in the same months in which it provides its mid-term brief and submits its final reports;

  • 31. Underlines the importance of engagement between the Government of Eritrea and the Monitoring Group, and underlines its expectation that the Government of Eritrea will facilitate the entry of the Monitoring Group to Eritrea without any further delay;

  • 32. Urges all parties and all States, as well as international, regional and subregional organizations, including AMISOM, to ensure cooperation with the Monitoring Group, and ensure the safety of the members of the Monitoring Group, unhindered access, in particular to persons, documents and sites the Monitoring Group deems relevant to the execution of its mandate;

AMISOM

  • 33. Looks forward to the results of the upcoming joint review of AMISOM by the Secretariat and the African Union, requests options and recommendations to be presented to the Council by 10 October 2013, and welcomes the African Union’s intention to work closely with the Secretariat on the review;

  • 34. Decides to remain actively seized of the matter.


Annex

  • 1. Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS);

  • 2. Guns, howitzers, and cannons with a calibre greater than 12.7 mm, and ammunition and components specially designed for these. (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs, rifle grenades, or grenade launchers.);

  • 3. Mortars with a calibre greater than 82 mm;

  • 4. Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for these items;

  • 5. Charges and devices intended for military use containing energetic materials; mines and related materiel;

  • 6. Weapon sights with a night vision capability.

Op 27 september 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7038e zitting aangenomen Resolutie 2118 (2013) inzake het Midden Oosten. De Engelse tekst van de resolutie luidt:

Resolution 2118 (2013)
Adopted by the Security Council at its 7038th meeting, on 27 September 2013

The Security Council,

Recalling the Statements of its President of 3 August 2011, 21 March 2012, 5 April 2012, and its resolutions 1540 (2004), 2042 (2012) and 2043 (2012),

Reaffirming its strong commitment to the sovereignty, independence and territorial integrity of the Syrian Arab Republic,

Reaffirming that the proliferation of chemical weapons, as well as their means of delivery, constitutes a threat to international peace and security,

Recalling that the Syrian Arab Republic on 22 November 1968 acceded to the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,

Noting that on 14 September 2013, the Syrian Arab Republic deposited with the Secretary-General its instrument of accession to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Convention) and declared that it shall comply with its stipulations and observe them faithfully and sincerely, applying the Convention provisionally pending its entry into force for the Syrian Arab Republic,

Welcoming the establishment by the Secretary-General of the United Nations Mission to Investigate Allegations of the Use of Chemical Weapons in the Syrian Arab Republic (the Mission) pursuant to General Assembly resolution 42/37 C (1987) of 30 November 1987, and reaffirmed by resolution 620 (1988) of 26 August 1988, and expressing appreciation for the work of the Mission,

Acknowledging the report of 16 September 2013 (S/2013/553) by the Mission, underscoring the need for the Mission to fulfil its mandate, and emphasizing that future credible allegations of chemical weapons use in the Syrian Arab Republic should be investigated,

Deeply outraged by the use of chemical weapons on 21 August 2013 in Rif Damascus, as concluded in the Mission’s report, condemning the killing of civilians that resulted from it, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable,

Recalling the obligation under resolution 1540 (2004) that all States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use weapons of mass destruction, including chemical weapons, and their means of delivery,

Welcoming the Framework for Elimination of Syrian Chemical Weapons dated 14 September 2013, in Geneva, between the Russian Federation and the United States of America (S/2013/565), with a view to ensuring the destruction of the Syrian Arab Republic’s chemical weapons program in the soonest and safest manner, and expressing its commitment to the immediate international control over chemical weapons and their components in the Syrian Arab Republic,

Welcoming the decision of the Executive Council of the Organization for the Prohibition of Chemical Weapons (OPCW) of 27 September 2013 establishing special procedures for the expeditious destruction of the Syrian Arab Republic’s chemical weapons program and stringent verification thereof, and expressing its determination to ensure the destruction of the Syrian Arab Republic’s chemical weapons program according to the timetable contained in the OPCW Executive Council decision of 27 September 2013,

Stressing that the only solution to the current crisis in the Syrian Arab Republic is through an inclusive and Syrian-led political process based on the Geneva Communiqué of 30 June 2012, and emphasising the need to convene the international conference on Syria as soon as possible,

Determining that the use of chemical weapons in the Syrian Arab Republic constitutes a threat to international peace and security,

Underscoring that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Council's decisions,

  • 1. Determines that the use of chemical weapons anywhere constitutes a threat to international peace and security;

  • 2. Condemns in the strongest terms any use of chemical weapons in the Syrian Arab Republic, in particular the attack on 21 August 2013, in violation of international law;

  • 3. Endorses the decision of the OPCW Executive Council 27 September 2013, which contains special procedures for the expeditious destruction of the Syrian Arab Republic’s chemical weapons program and stringent verification thereof and calls for its full implementation in the most expedient and safest manner;

  • 4. Decides that the Syrian Arab Republic shall not use, develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to other States or non-State actors;

  • 5. Underscores that no party in Syria should use, develop, produce, acquire, stockpile, retain, or transfer chemical weapons;

  • 6. Decides that the Syrian Arab Republic shall comply with all aspects of the decision of the OPCW Executive Council of 27 September 2013 (Annex I);

  • 7. Decides that the Syrian Arab Republic shall cooperate fully with the OPCW and the United Nations, including by complying with their relevant recommendations, by accepting personnel designated by the OPCW or the United Nations, by providing for and ensuring the security of activities undertaken by these personnel, by providing these personnel with immediate and unfettered access to and the right to inspect, in discharging their functions, any and all sites, and by allowing immediate and unfettered access to individuals that the OPCW has grounds to believe to be of importance for the purpose of its mandate, and decides that all parties in Syria shall cooperate fully in this regard;

  • 8. Decides to authorize an advance team of United Nations personnel to provide early assistance to OPCW activities in Syria, requests the Director-General of the OPCW and the Secretary-General to closely cooperate in the implementation of the Executive Council decision of 27 September 2013 and this resolution, including through their operational activities on the ground, and further requests the Secretary-General, in consultation with the Director-General of the OPCW and, where appropriate, the Director-General of the World Health Organization, to submit to the Council within 10 days of the adoption of this resolution recommendations regarding the role of the United Nations in eliminating the Syrian Arab Republic’s chemical weapons program;

  • 9. Notes that the Syrian Arab Republic is a party to the Convention on the Privileges and Immunities of the United Nations, decides that OPCW-designated personnel undertaking activities provided for in this resolution or the decision of the OPCW Executive Council of 27 September 2013 shall enjoy the privileges and immunities contained in the Verification Annex, Part II(B) of the Chemical Weapons Convention, and calls on the Syrian Arab Republic to conclude modalities agreements with the United Nations and the OPCW;

  • 10. Encourages Member States to provide support, including personnel, technical expertise, information, equipment, and financial and other resources and assistance, in coordination with the Director-General of the OPCW and the Secretary-General, to enable the OPCW and the United Nations to implement the elimination of the Syrian Arab Republic’s chemical weapons program, and decides to authorize Member States to acquire, control, transport, transfer and destroy chemical weapons identified by the Director-General of the OPCW, consistent with the objective of the Chemical Weapons Convention, to ensure the elimination of the Syrian Arab Republic’s chemical weapons program in the soonest and safest manner;

  • 11. Urges all Syrian parties and interested Member States with relevant capabilities to work closely together and with the OPCW and the United Nations to arrange for the security of the monitoring and destruction mission, recognizing the primary responsibility of the Syrian government in this regard;

  • 12. Decides to review on a regular basis the implementation in the Syrian Arab Republic of the decision of the OPCW Executive Council of 27 September 2013 and this resolution, and requests the Director-General of the OPCW to report to the Security Council, through the Secretary-General, who shall include relevant information on United Nations activities related to the implementation of this resolution, within 30 days and every month thereafter, and requests further the Director-General of the OPCW and the Secretary-General to report in a coordinated manner, as needed, to the Security Council, non-compliance with this resolution or the OPCW Executive Council decision of 27 September 2013;

  • 13. Reaffirms its readiness to consider promptly any reports of the OPCW under Article VIII of the Chemical Weapons Convention, which provides for the referral of cases of non-compliance to the United Nations Security Council;

  • 14. Decides that Member States shall inform immediately the Security Council of any violation of resolution 1540 (2004), including acquisition by non-State actors of chemical weapons, their means of delivery and related materials in order to take necessary measures therefore;

  • 15. Expresses its strong conviction that those individuals responsible for the use of chemical weapons in the Syrian Arab Republic should be held accountable;

  • 16. Endorses fully the Geneva Communiqué of 30 June 2012 (Annex II), which sets out a number of key steps beginning with the establishment of a transitional governing body exercising full executive powers, which could include members of the present Government and the opposition and other groups and shall be formed on the basis of mutual consent;

  • 17. Calls for the convening, as soon as possible, of an international conference on Syria to implement the Geneva Communiqué, and calls upon all Syrian parties to engage seriously and constructively at the Geneva Conference on Syria, and underscores that they should be fully representative of the Syrian people and committed to the implementation of the Geneva Communiqué and to the achievement of stability and reconciliation;

  • 18. Reaffirms that all Member States shall refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, and calls upon all Member States, in particular Member States neighbouring the Syrian Arab Republic, to report any violations of this paragraph to the Security Council immediately;

  • 19. Demands that non-State actors not develop, acquire, manufacture, possess, transport, transfer, or use nuclear, chemical or biological weapons and their means of delivery, and calls upon all Member States, in particular Member States neighbouring the Syrian Arab Republic, to report any actions inconsistent with this paragraph to the Security Council immediately;

  • 20. Decides that all Member States shall prohibit the procurement of chemical weapons, related equipment, goods and technology or assistance from the Syrian Arab Republic by their nationals, or using their flagged vessels or aircraft, whether or not originating in the territory of the Syrian Arab Republic;

  • 21. Decides, in the event of non-compliance with this resolution, including unauthorized transfer of chemical weapons, or any use of chemical weapons by anyone in the Syrian Arab Republic, to impose measures under Chapter VII of the United Nations Charter;

  • 22. Decides to remain actively seized of the matter.

Annex I
OPCW Executive Council Decision

Decision on destruction of Syrian chemical weapons

The Executive Council,

Recalling that following its Thirty-Second Meeting, 27 March 2013, the Chairperson of the Executive Council (hereinafter “the Council”) issued a statement (EC-M-32/2/Rev. 1, dated 27 March 2013) expressing “deep concern that chemical weapons may have been used in the Syrian Arab Republic,” and underlining that “the use of chemical weapons by anyone under any circumstances would be reprehensible and completely contrary to the legal norms and standards of the international community”;

Recalling also that the Third Review Conference (RC-3/3*, 19 April 2013) expressed “deep concern that chemical weapons may have been used in the Syrian Arab Republic and underlined that use of chemical weapons by anyone under any circumstances would be reprehensible and completely contrary to the legal norms and standards of the international community”;

Noting the “Report on the Alleged Use of Chemical Weapons in the Ghouta area of Damascus on 21 August 2013,” (S/2013/553, dated 16 September 2013) prepared by the United Nations Mission to Investigate Allegations of the Use of Chemical Weapons in the Syrian Arab Republic, dated 16 September 2013, which concludes that “chemical weapons have been used in the ongoing conflict between the parties in the Syrian Arab Republic, also against civilians, including children, on a relatively large scale”;

Condemning in the strongest possible terms the use of chemical weapons;

Welcoming the Framework for Elimination of Syrian Chemical Weapons agreed upon by the United States and the Russian Federation on 14 September 2013 (EC-M-33/NAT.1, dated 17 September 2013);

Noting also that on 12 September 2013, in its communication to the Secretary- General of the United Nations, the Syrian Arab Republic notified its intention to apply the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on their Destruction (hereinafter “the Convention”) provisionally;

Noting further that on 14 September 2013, the Syrian Arab Republic deposited with the Secretary-General of the United Nations its instrument of accession to the Convention and declared that it shall comply with its stipulations and observe them faithfully and sincerely, applying the Convention provisionally pending its entry into force for the Syrian Arab Republic, which was notified to all States Parties by the depositary on the same date (C.N.592.2013.TREATIES-XXVI.3), and taking into account that the depositary received no communications to the contrary from the States Parties with regard to this declaration;

Noting further that the Convention enters into force for the Syrian Arab Republic on 14 October 2013;

Recognising the extraordinary character of the situation posed by Syrian chemical weapons and determined to ensure that the activities necessary for the destruction of the Syrian chemical weapons programme start immediately pending the formal entry into force of the Convention with respect to the Syrian Arab Republic, and are conducted in the most rapid and safe manner;

Recognising also the invitation of the Government of the Syrian Arab Republic to receive immediately a technical delegation from the OPCW and to cooperate with the OPCW in accordance with the provisional application of the Convention prior to its entry into force for the Syrian Arab Republic, and noting the designation by the Syrian Arab Republic to the Technical Secretariat (hereinafter “the Secretariat”) of its National Authority;

Emphasising that the provisional application of the Convention gives immediate effect to its provisions with respect to the Syrian Arab Republic;

Noting further that the Syrian Arab Republic submitted on 19 September 2013 the detailed information, including names, types, and quantities of its chemical weapons agents, types of munitions, and location and form of storage, production, and research and development facilities;

Noting further that pursuant to paragraph 36 of Article VIII of the Convention, the Council, following its consideration of doubts or concerns regarding compliance and cases of non-compliance, shall, in cases of particular gravity and urgency, bring the issue or matter, including relevant information and conclusions, directly to the attention of the United Nations General Assembly and the United Nations Security Council;

Taking into account the Agreement Concerning the Relationship between the United Nations and the Organisation for the Prohibition of Chemical Weapons of 17 October 2000;

Strongly urging all remaining States not Party to the Convention to ratify or accede to it as a matter of urgency and without preconditions, in the interests of enhancing their own national security as well as contributing to global peace and security; and

Recalling that, pursuant to paragraph 8 of Article IV and paragraph 10 of Article V of the Convention, a State acceding to the Convention after 2007 shall destroy its chemical weapons and its chemical weapons production facilities as soon as possible, and the Council shall determine the “order of destruction and procedures for stringent verification” of such destruction;

Hereby:

  • 1. Decides that the Syrian Arab Republic shall:

    • a) not later than 7 days after the adoption of this decision, submit to the Secretariat further information, to supplement that provided on 19 September 2013, on the chemical weapons as defined in paragraph 1 of Article II of the Convention that the Syrian Arab Republic owns or possesses, or has under its jurisdiction or control, in particular:

      • (i) the chemical name and military designator of each chemical in its chemical weapons stockpile, including precursors and toxins, and quantities thereof;

      • (ii) the specific type of munitions, sub-munitions and devices in its chemical weapons stockpile, including specific quantities of each type that are filled and unfilled; and

      • (iii) the location of all of its chemical weapons, chemical weapons storage facilities, chemical weapons production facilities, including mixing and filling facilities, and chemical weapons research and development facilities, providing specific geographic coordinates;

    • b) not later than 30 days after the adoption of this decision, submit to the Secretariat the declaration required by Article III of the Convention;

    • c) complete the elimination of all chemical weapons material and equipment in the first half of 2014, subject to the detailed requirements, including intermediate destruction milestones, to be decided by the Council not later than 15 November 2013;

    • d) complete as soon as possible and in any case not later than 1 November 2013, the destruction of chemical weapons production and mixing/filling equipment;

    • e) cooperate fully with all aspects of the implementation of this decision, including by providing the OPCW personnel with the immediate and unfettered right to inspect any and all sites in the Syrian Arab Republic;

    • f) designate an official as the main point of contact for the Secretariat and provide him or her with the authority necessary to ensure that this decision is fully implemented.

  • 2. Decides further that the Secretariat shall:

    • a) make available to all States Parties, within five days of its receipt, any information or declaration referred to in this decision, which shall be handled in accordance with the Annex to the Convention on the Protection of Confidential Information;

    • b) as soon as possible and in any case not later than 1 October 2013, initiate inspections in the Syrian Arab Republic pursuant to this decision;

    • c) inspect not later than 30 days after the adoption of this decision, all facilities contained in the list referred to in paragraph 1 (a) above;

    • d) inspect as soon as possible any other site identified by a State Party as having been involved in the Syrian chemical weapons programme, unless deemed unwarranted by the Director-General, or the matter resolved through the process of consultations and cooperation;

    • e) be authorised to hire, on a short-term basis, qualified inspectors and other technical experts and to rehire, on a short-term basis, inspectors, other technical experts, and such other personnel as may be required whose term of service has recently expired, in order to ensure efficient and effective implementation of this decision in accordance with paragraph 44 of Article VIII of the Convention; and

    • f) report to the Council on a monthly basis on implementation of this decision including progress achieved by the Syrian Arab Republic in meeting the requirements of this decision and the Convention, activities carried out by the Secretariat with respect to the Syrian Arab Republic, and its needs for any supplementary resources, particularly technical and personnel resources.

  • 3. Decides further:

    • a) to consider, on an urgent basis, the funding mechanisms for activities carried out by the Secretariat with respect to the Syrian Arab Republic, and to call upon all States Parties in a position to do so to provide voluntary contributions for activities carried out in the implementation of this decision;

    • b) to meet within 24 hours if the Director-General reports delay by the Syrian Arab Republic in meeting the requirements of this decision or the Convention, including, inter alia, the cases referred to in paragraph 7 of Part II of the Annex to the Convention on Implementation and Verification, or a lack of cooperation in the Syrian Arab Republic or another problem that has arisen with regard to the implementation of this decision and at that meeting to consider whether to bring the matter, including relevant information and conclusions, to the attention of the United Nations Security Council in accordance with paragraph 36 of Article VIII of the Convention;

    • c) to remain seized of the matter and

    • d) to recognise that this decision is made due to the extraordinary character of the situation posed by Syrian chemical weapons and does not create any precedent for the future.

Annex II
Action Group for Syria Final Communiqué

30 June 2012

  • 1. On 30 June 2012, the Secretaries-General of the United Nations and the League of Arab States, the Ministers for Foreign Affairs of China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Turkey, Iraq (Chair of the Summit of the League of Arab States), Kuwait (Chair of the Council of Foreign Ministers of the League of Arab States) and Qatar (Chair of the Arab Follow-up Committee on Syria of the League of Arab States) and the High Representative of the European Union for Foreign Affairs and Security Policy met at the United Nations Office at Geneva as the Action Group for Syria, chaired by the Joint Special Envoy of the United Nations and the League of Arab States to Syria.

  • 2. The members of the Action Group came together out of grave alarm at the situation in the Syrian Arab Republic. They strongly condemn the continued and escalating killing, destruction and human rights abuses. They are deeply concerned at the failure to protect civilians, the intensification of the violence, the potential for even deeper conflict in the country and the regional dimensions of the problem. The unacceptable nature and magnitude of the crisis demands a common position and joint international action.

  • 3. The members of the Action Group are committed to the sovereignty, independence, national unity and territorial integrity of the Syrian Arab Republic. They are determined to work urgently and intensively to bring about an end to the violence and human rights abuses, and to facilitate the launch of a Syrian-led political process leading to a transition that meets the legitimate aspirations of the Syrian people and enables them independently and democratically to determine their own future.

  • 4. In order to secure these common objectives, the members of the Action Group

    • a) identified steps and measures by the parties to secure the full implementation of the six-point plan and Security Council resolutions 2042 (2012) and 2043 (2012), including an immediate cessation of violence in all its forms; (b) agreed on principles and guidelines for a political transition that meets the legitimate aspirations of the Syrian people; and (c) agreed on actions that they would take to implement the objectives in support of the Joint Special Envoy’s efforts to facilitate a Syrian-led political process. They are convinced that this can encourage and support progress on the ground and will help to facilitate and support a Syrian-led transition.

Identified steps and measures by the parties to secure the full implementation of the six-point plan and Security Council resolutions 2042 (2012) and 2043 (2012), including an immediate cessation of violence in all its forms

  • 5. The parties must fully implement the six-point plan and Security Council resolutions 2042 (2012) and 2043 (2012). To that end:

    • a) All parties must recommit to a sustained cessation of armed violence in all its forms and to the implementation of the six-point plan immediately and without waiting for the actions of others. The Government and armed opposition groups must cooperate with the United Nations Supervision Mission in the Syrian Arab Republic (UNSMIS), with a view to furthering the implementation of the plan in accordance with the Mission’s mandate;

    • b) A cessation of armed violence must be sustained, with immediate, credible and visible actions by the Government of the Syrian Arab Republic to implement the other items of the six-point plan, including:

      • (i) Intensification of the pace and scale of release of arbitrarily detained persons, including especially vulnerable categories of persons, and persons involved in peaceful political activities; the provision, without delay and through appropriate channels, of a list of all places in which such persons are being detained; the immediate organization of access to such locations; and the provision, through appropriate channels, of prompt responses to all written requests for information, access or release regarding such persons;

      • (ii) Ensuring freedom of movement throughout the country for journalists and a non-discriminatory visa policy for them;

      • (iii) Respecting freedom of association and the right to demonstrate peacefully, as legally guaranteed;

    • c) In all circumstances, all parties must show full respect for the safety and security of UNSMIS and fully cooperate with and facilitate the Mission in all respects;

    • d) In all circumstances, the Government must allow immediate and full humanitarian access by humanitarian organizations to all areas affected by the fighting. The Government and all parties must enable the evacuation of the wounded, and all civilians who wish to leave must be enabled to do so. All parties must fully adhere to their obligations under international law, including in relation to the protection of civilians.

Agreed principles and guidelines for a Syrian-led transition

  • 6. The members of the Action Group agreed on the principles and guidelines for a Syrian-led transition set out below.

  • 7. Any political settlement must deliver to the people of the Syrian Arab Republic a transition that:

    • a) Offers a perspective for the future that can be shared by all in the Syrian Arab Republic;

    • b) Establishes clear steps according to a firm timetable towards the realization of that perspective;

    • c) Can be implemented in a climate of safety for all and of stability and calm;

    • d) Is reached rapidly without further bloodshed and violence and is credible.

  • 8. Perspective for the future. The aspirations of the people of the Syrian Arab Republic have been clearly expressed by the wide range of Syrians consulted. There is an overwhelming wish for a State that:

    • a) Is genuinely democratic and pluralistic, giving space to established and newly emerging political actors to compete fairly and equally in elections. This also means that the commitment to multiparty democracy must be a lasting one, going beyond an initial round of elections;

    • b) Complies with international standards on human rights, the independence of the judiciary, accountability of those in Government and the rule of law. It is not enough just to enunciate such a commitment. There must be mechanisms available to the people to ensure that these commitments are kept by those in authority;

    • c) Offers equal opportunities and chances for all. There is no room for sectarianism or discrimination on ethnic, religious, linguistic or any other grounds.

      Numerically smaller communities must be assured that their rights will be respected.

  • 9. Clear steps in the transition. The conflict in the Syrian Arab Republic will end only when all sides are assured that there is a peaceful way towards a common future for all in the country. It is therefore essential that any settlement provide for clear and irreversible steps in the transition according to a fixed time frame. The key steps in any transition include:

    • a) The establishment of a transitional governing body that can establish a neutral environment in which the transition can take place, with the transitional governing body exercising full executive powers. It could include members of the present Government and the opposition and other groups and shall be formed on the basis of mutual consent;

    • b) It is for the Syrian people to determine the future of the country. All groups and segments of society in the Syrian Arab Republic must be enabled to participate in a national dialogue process. That process must be not only inclusive but also meaningful. In other words, its key outcomes must be implemented;

    • c) On that basis, there can be a review of the constitutional order and the legal system. The result of constitutional drafting would be subject to popular approval;

    • d) Upon establishment of the new constitutional order, it will be necessary to prepare for and conduct free and fair multiparty elections for the new institutions and offices that have been established;

    • e) Women must be fully represented in all aspects of the transition.

  • 10. Safety, stability and calm. Any transition involves change. However, it is essential to ensure that the transition can be implemented in a way that ensures the safety of all in an atmosphere of stability and calm. This requires:

    • a) Consolidation of full calm and stability. All parties must cooperate with the transitional governing body to ensure the permanent cessation of violence. This includes completion of withdrawals and addressing the issue of the disarmament, demobilization and reintegration of armed groups;

    • b) Effective steps to ensure that vulnerable groups are protected and that immediate action is taken to address humanitarian issues in areas of need. It is also necessary to ensure that the release of the detained is completed rapidly;

    • c) Continuity of governmental institutions and qualified staff. Public services must be preserved or restored. This includes the military forces and security services. However, all governmental institutions, including the intelligence services, have to perform according to human rights and professional standards and operate under a leadership that inspires public confidence, under the control of the transitional governing body;

    • d) Commitment to accountability and national reconciliation. Accountability for acts committed during the present conflict must be addressed.

      There also needs to be a comprehensive package for transitional justice, including compensation or rehabilitation for victims of the present conflict, steps towards national reconciliation and forgiveness.

  • 11. Rapid steps to come to a credible political agreement. It is for the people of the Syrian Arab Republic to come to a political agreement, but time is running out.

    It is clear that:

    • a) The sovereignty, independence, unity and territorial integrity of the Syrian Arab Republic must be respected;

    • b) The conflict must be resolved through peaceful dialogue and negotiation alone. Conditions conducive to a political settlement must now be put in place;

    • c) There must be an end to the bloodshed. All parties must recommit themselves credibly to the six-point plan. This must include a cessation of armed violence in all its forms and immediate, credible and visible actions to implement points 2 to 6 of the six-point plan;

    • d) All parties must now engage genuinely with the Joint Special Envoy. The parties must be prepared to put forward effective interlocutors to work expeditiously towards a Syrian-led settlement that meets the legitimate aspirations of the people. The process must be fully inclusive in order to ensure that the views of all segments of Syrian society are heard in shaping the political settlement for the transition;

    • e) The organized international community, including the members of the Action Group, stands ready to offer significant support for the implementation of an agreement reached by the parties. This may include an international assistance presence under a United Nations mandate if requested. Significant funds will be available to support reconstruction and rehabilitation.

Agreed actions

  • 12. Agreed actions that the members of the Group will take to implement the above in support of the Joint Special Envoy’s efforts to facilitate a Syrian-led political process are as follows:

    • a) Action Group members will engage as appropriate, and apply joint and sustained pressure on, the parties in the Syrian Arab Republic to take the steps and measures outlined in paragraph 5 above;

    • b) Action Group members are opposed to any further militarization of the conflict;

    • c) Action Group members emphasize to the Government of the Syrian Arab Republic the importance of the appointment of an effective empowered interlocutor, when requested by the Joint Special Envoy to do so, to work on the basis of the six point plan and the present communiqué;

    • d) Action Group members urge the opposition to increase cohesion and to be in a position to ensure effective representative interlocutors to work on the basis of the six-point plan and the present communiqué;

    • e) Action Group members will give full support to the Joint Special Envoy and his team as they immediately engage the Government and the opposition, and will consult widely with Syrian society, as well as other international actors, to further develop the way forward;

    • f) Action Group members would welcome the further convening by the Joint Special Envoy of a meeting of the Action Group, should he deem it necessary to review the concrete progress taken on all points agreed in the present communiqué and to determine what further and additional steps and actions are needed from the Action Group to address the crisis. The Joint Special Envoy will also keep the United Nations and the League of Arab States informed.

Op 18 november 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7061e zitting aangenomen Resolutie 2125 (2013) inzake Somalië. De Engelse tekst van de resolutie luidt:

Resolution 2125 (2013)
Adopted by the Security Council at its 7061st meeting, on 18 November 2013

The Security Council,

Recalling its previous resolutions concerning the situation in Somalia, especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008), 1897 (2009), 1918 (2010), 1950 (2010), 1976 (2011), 2015 (2011), 2020 (2011) and 2077 (2012), as well as the Statement of its President (S/PRST/2010/16) of 25 August 2010 and (S/PRST/2012/24) of 19 November 2012,

Welcoming the report of the Secretary-General (S/2013/623), as requested by resolution 2077 (2012), on the implementation of that resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia,

Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, including Somalia’s sovereign rights in accordance with international law, with respect to offshore natural resources, including fisheries,

While welcoming the significant decrease in reported incidents of piracy off the coast of Somalia, which are at the lowest level since 2006, continuing to be gravely concerned by the on-going threat that piracy and armed robbery at sea pose to the prompt, safe, and effective delivery of humanitarian aid to Somalia and the region, to the safety of seafarers and other persons, to international navigation and the safety of commercial maritime routes, and to other vulnerable ships, including fishing activities in conformity with international law, and also gravely concerned by the extended range of the piracy threat into the western Indian Ocean and adjacent sea areas and increased pirate capacities,

Expressing concern about the reported involvement of children in piracy off the coast of Somalia,

Recognizing that the on-going instability in Somalia contributes to the problem of piracy and armed robbery at sea off the coast of Somalia, and stressing the need to continue the comprehensive response by the international community to repress piracy and armed robbery at sea and tackle its underlying causes, recognizing the need to undertake long-term and sustainable efforts to repress piracy and the need to create adequate economic opportunities for the citizens of Somalia,

Recognizing the need to investigate and prosecute not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attacks, and reiterating its concern over persons suspected of piracy having been released without facing justice, reaffirming that the failure to prosecute persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia undermines anti-piracy efforts,

Noting the report of the Secretary-General (S/2013/623), particularly Section IX on “Allegations of illegal fishing and illegal dumping, including of toxic substances, off the coast of Somalia”,

Further reaffirming that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982 (“The Convention”), sets out the legal framework applicable to activities in the ocean, including countering piracy and armed robbery at sea,

Underlining the primary responsibility of the Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia; noting the several requests from Somali authorities for international assistance to counter piracy off its coast, including the letter of 12 November 2013, from the Permanent Representative of Somalia to the United Nations expressing the appreciation of Somali authorities to the Security Council for its assistance, expressing their willingness to consider working with other States and regional organizations to combat piracy and armed robbery at sea off the coast of Somalia, and requesting that the provisions of resolution 2077 (2012) be renewed for an additional twelve months,

Encouraging implementation of the Somali Maritime Resource and Security Strategy, which was endorsed by the President of the Federal Government of Somalia and participating states at the 14th Plenary of the Contact Group on Piracy off the Coast of Somalia (CGPCS) in New York on 1 May 2013; at the International Somalia Conference in London on 7 May 2013, and at the European Union’s “New Deal for Somalia” Conference in Brussels on 16 September 2013,

Recognizing the work of the CGPCS to facilitate the prosecution of suspected pirates and, in accordance with international law, to establish an on-going network and mechanism for sharing information and evidence between investigators and prosecutors, welcoming the development of the Capacity Building Coordination Group under Working Group 1 of the CGPCS, and welcoming the work by Working Group 5 of the CGPCS to disrupt illicit financial flows linked to piracy,

Welcoming the financing provided by the Trust Fund to Support Initiatives of States Combating Piracy off the Coast of Somalia (the Trust Fund) to strengthen regional ability to prosecute suspected pirates and imprison those convicted in accordance with applicable international human rights law, noting with appreciation the assistance provided by the United Nations Office of Drugs and Crime (UNODC) Counter-Piracy Programme, and being determined to continue efforts to ensure that pirates are held accountable,

Commending the efforts of the European Union operation ATALANTA, North Atlantic Treaty Organization Operation Ocean Shield, Combined Maritime Forces’ Combined Task Force 151 commanded by Pakistan and the United Kingdom, as well as United States ships assigned to Combined Task Force 151 and NATO Task Force 508, the counter-piracy activities of the African Union onshore in Somalia and the naval activities of the Southern Africa Development Community, and other States acting in a national capacity in cooperation with Somali authorities and each other, to suppress piracy and to protect vulnerable ships transiting through the waters off the coast of Somalia, and welcoming the Shared Awareness and Deconfliction Initiative (SHADE) and the efforts of individual countries, including China, India, Indonesia, Japan, Republic of Korea, Malaysia, Pakistan, and the Russian Federation, which have deployed naval counter-piracy missions in the region, as stated in the Secretary-General’s report (S/2013/623),

Noting the efforts of flag States for taking measures to permit vessels sailing under their flag transiting the High Risk Area (HRA) to embark vessel protection detachments and privately contracted armed security personnel (PCASP), and encouraging States to regulate such activities in accordance with applicable international law and permit charters to favour arrangements that make use of such measures,

Noting the request of some Member States on the need to review the boundaries of the HRA on an objective and transparent basis, taking into account actual incidents of piracy, and noting that the HRA is set and defined by the insurance and maritime industry,

Welcoming the capacity-building efforts in the region made by the International Maritime Organization-(IMO)-funded Djibouti Code of Conduct, the Trust Fund and the European Union’s activities under EUCAP Nestor, which is working with the Federal Government of Somalia to strengthen its criminal justice system, and recognizing the need for all engaged international and regional organizations to coordinate and cooperate fully,

Supporting the development of a coastal police force, noting with appreciation the efforts made by the IMO and the shipping industry to develop and update guidance, best management practices, and recommendations to assist ships to prevent and suppress piracy attacks off the coast of Somalia, including in the Gulf of Aden, and the Indian Ocean area, and recognizing the work of the IMO and the CGPCS in this regard, noting the efforts of the International Organization for Standardization, which has developed industry standards of training and certification for Private Maritime Security Companies when providing privately contracted armed security personnel on board ships in high-risk areas, and further welcoming the European Union’s EUCAP Nestor, which is working to develop the sea-going maritime security capacities of Somalia, Djibouti, Kenya, Seychelles and Tanzania,

Noting with concern that the continuing limited capacity and domestic legislation to facilitate the custody and prosecution of suspected pirates after their capture has hindered more robust international action against the pirates off the coast of Somalia, too often has led to pirates being released without facing justice, regardless of whether there is sufficient evidence to support prosecution, and reiterating that, consistent with the provisions of “The Convention” concerning the repression of piracy, the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties to create criminal offences, establish jurisdiction, and accept delivery of persons responsible for or suspected of seizing or exercising control over a ship by force or threat thereof or any other form of intimidation,

Underlining the importance of continuing to enhance the collection, preservation and transmission to competent authorities of evidence of acts of piracy and armed robbery at sea off the coast of Somalia, and welcoming the on-going work of the IMO, INTERPOL, and industry groups to develop guidance to seafarers on preservation of crime scenes following acts of piracy, and noting the importance for the successful prosecution of acts of piracy of enabling seafarers to give evidence in criminal proceedings,

Further recognizing that pirate networks continue to rely on kidnapping and hostage-taking, and that these activities help generate funding to purchase weapons, gain recruits, and continue their operational activities, thereby jeopardizing the safety and security of civilians and restricting the flow of free commerce, and welcoming international efforts to collect and share information to disrupt the pirate enterprise, as exemplified by INTERPOL’s Global Database on Maritime Piracy, and taking note of the on-going efforts of the Regional Fusion and Law Enforcement Centre for Safety and Security at Sea (formerly the Regional Anti Piracy Prosecution and Intelligence Coordination Centre), hosted by Seychelles to combat piracy,

Reaffirming international condemnation of acts of kidnapping and hostagetaking, including offences contained within the International Convention against the Taking of Hostages, strongly condemning the continuing practice of hostage-taking by pirates operating off the coast of Somalia, expressing serious concern at the inhuman conditions hostages face in captivity, recognizing the adverse impact on their families, calling for the immediate release of all hostages, and noting the importance of cooperation between Member States on the issue of hostage-taking and the prosecution of suspected pirates for taking hostages,

Commending Kenya, Mauritius, Seychelles and Tanzania for their efforts to prosecute suspected pirates in their national courts, and noting with appreciation the assistance provided by the UNODC Counter-Piracy Programme, the Trust Fund and other international organizations and donors, in coordination with the CGPCS, to support Kenya, Mauritius, Seychelles, Tanzania, Somalia, and other States in the region with their efforts to prosecute, or incarcerate in a third State after prosecution elsewhere, pirates, including facilitators and financiers ashore, consistent with applicable international human rights law, and emphasizing the need for States and international organizations to further enhance international efforts in this regard,

Welcoming the readiness of the national and regional administrations of Somalia to cooperate with each other and with States who have prosecuted suspected pirates with a view to enabling convicted pirates to be repatriated back to Somalia under suitable prisoner transfer arrangements, consistent with applicable international law, including international human rights law, and acknowledging the return from Seychelles to Somalia of convicted prisoners willing and eligible to serve their sentences in Somalia,

Recalling the reports of the Secretary-General on the modalities for the establishment of specialized Somali anti-piracy courts (S/2011/360 and S/2012/50), prepared pursuant to paragraph 26 of resolution 1976 (2011) and paragraph 16 of resolution 2015 (2011),

Stressing the need for States to consider possible methods to assist the seafarers who are victims of pirates, and welcoming in this regard the Trust Fund’s establishment in November 2012 of the “Hostage Support Programme” to provide support to hostages during their release and return home, as well as to their families throughout the hostage situation,

Recognizing the progress made by the CGPCS and UNODC in the use of public information tools to raise awareness of the dangers of piracy, highlight the best practices to eradicate this criminal phenomenon, and inform the public of the dangers posed by piracy,

Further noting with appreciation the on-going efforts by UNODC to support efforts to enhance Somalia’s maritime security and law enforcement capacities, also noting efforts by UNODC and UNDP and the funding provided by the Trust Fund, the European Union, the United Kingdom, the United States, and other donors to develop regional judicial and law enforcement capacity to investigate, arrest, and prosecute suspected pirates and to incarcerate convicted pirates consistent with applicable international human rights law,

Bearing in mind the Djibouti Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden, noting the operations of information-sharing centres in Yemen, Kenya and Tanzania and the regional maritime training centre in Djibouti, and recognizing the efforts of signatory States to develop the appropriate regulatory and legislative frameworks to combat piracy, enhance their capacity to patrol the waters of the region, interdict suspect vessels, and prosecute suspected pirates,

Emphasizing that peace and stability within Somalia, the strengthening of State institutions, economic and social development and respect for human rights and the rule of law are necessary to create the conditions for a durable eradication of piracy and armed robbery at sea off the coast of Somalia, and further emphasizing that Somalia’s long-term security rests with the effective development by Somali authorities of the Somali National Security Forces,

Noting with appreciation recent high-level events on Somalia which have generated substantial pledges of support, and underlining the importance of delivering on any support pledged at these events,

Taking note with appreciation the intention expressed by the Indian Ocean Rim Association at the thirteenth meeting of its Council of Ministers to bolster maritime security and safety, including through the upcoming Indian Ocean Dialogue in India, which will explore concrete options to enhance counter-piracy cooperation, including through improved maritime information-sharing arrangements and stronger national legal capacity and laws, and encouraging the Indian Ocean Rim Association to pursue efforts that are complementary to and coordinated with the on-going work of the CGPCS,

Noting that the joint counter-piracy efforts of the international community and private sector have resulted in a sharp decline in pirate attacks as well as hijackings since 2011 and emphasizing that without further action, the significant progress made in reducing the number of successful pirate attacks is reversible,

Determining that the incidents of piracy and armed robbery at sea off the coast of Somalia are an important factor exacerbating the situation in Somalia, which continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Reiterates that it condemns and deplores all acts of piracy and armed robbery at sea off the coast of Somalia;

  • 2. Recognizes that the on-going instability in Somalia is one of the underlying causes of the problem of piracy and contributes to the problem of piracy and armed robbery at sea off the coast of Somalia, while piracy, in turn, exacerbates instability by introducing large amounts of illicit cash that fuels additional crime and corruption in Somalia;

  • 3. Stresses the need for a comprehensive response to repress piracy and tackle its underlying causes by the international community;

  • 4. Underlines the primary responsibility of Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, and requests the Somali authorities, with assistance from the Secretary-General and relevant United Nations entities, to pass a complete set of anti-piracy laws without further delay, and urges Somalia to continue efforts, with the support of the international community, to adopt an exclusive economic zone in accordance with “The Convention”;

  • 5. Recognizes the need to continue investigating and prosecuting those who plan, organize or illicitly finance or profit from pirate attacks off the coast of Somalia, including key figures of criminal networks involved in piracy, urges States, working in conjunction with relevant international organizations, to adopt legislation to facilitate prosecution of suspected pirates off the coast of Somalia;

  • 6. Calls upon the Somali authorities to interdict, and upon interdiction to investigate and prosecute pirates and to patrol the territorial waters off the coast of Somalia to suppress acts of piracy and armed robbery at sea;

  • 7. Calls upon the Somali authorities to make all efforts to bring to justice those who are using Somali territory to plan, facilitate, or undertake criminal acts of piracy and armed robbery at sea and calls upon Member States to assist Somalia, at the request of Somali authorities and with notification to the Secretary-General, to strengthen maritime capacity in Somalia, including regional authorities and stresses that any measures undertaken pursuant to this paragraph shall be consistent with applicable international law, in particular international human rights law;

  • 8. Calls upon States to cooperate also, as appropriate, on the issue of hostage taking, and the prosecution of suspected pirates for taking hostages;

  • 9. Recognizes the need for States, international and regional organizations, and other appropriate partners to exchange evidence and information for anti-piracy law enforcement purposes with a view to ensuring effective prosecution of suspected, and imprisonment of convicted, pirates and with a view to the arrest and prosecution of key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance and profit from piracy operations, and keeps under review the possibility of applying targeted sanctions against individuals or entities that plan, organize, facilitate, or illicitly finance or profit from piracy operations if they meet the listing criteria set out in paragraph 8, resolution 1844 (2008); and calls upon all States to cooperate fully with the Somalia and Eritrea Monitoring Group including on information-sharing regarding possible violations of the arms embargo or charcoal ban;

  • 10. Renews its call upon States and regional organizations that have the capacity to do so, to take part in the fight against piracy and armed robbery at sea off the coast of Somalia, in particular, consistent with this resolution and international law, by deploying naval vessels, arms, military aircraft, by providing basing and logistical support for counter-piracy forces, and by seizing and disposing of boats, vessels, arms, and other related equipment used in the commission of piracy and armed robbery at sea off the coast of Somalia, or for which there are reasonable grounds for suspecting such use;

  • 11. Commends the work of the CGPCS to facilitate coordination in order to deter acts of piracy and armed robbery at sea off the coast of Somalia, in cooperation with the IMO, flag States, and Somali authorities and urges States and international organizations to continue to support these efforts;

  • 12. Encourages Member States to continue to cooperate with Somali authorities in the fight against piracy and armed robbery at sea, notes the primary role of Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, and decides that for a further period of twelve months from the date of this resolution to renew the authorizations as set out in paragraph 10 of resolution 1846 (2008) and paragraph 6 of resolution 1851 (2008), as renewed by paragraph 7 of resolution 1897 (2009), paragraph 7 of resolution 1950 (2010), paragraph 9 of resolution 2020 (2011), and paragraph 12 of resolution 2077 (2012) granted to States and regional organizations cooperating with Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by Somali authorities to the Secretary-General;

  • 13. Affirms that the authorizations renewed in this resolution apply only with respect to the situation in Somalia and shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations, under “The Convention”, with respect to any other situation, and underscores in particular that this resolution shall not be considered as establishing customary international law; and affirms further that such authorizations have been renewed only following the receipt of the 12 November 2013 letter conveying the consent of Somali authorities;

  • 14. Decides that the arms embargo on Somalia imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 does not apply to supplies of weapons and military equipment or the provision of assistance destined for the sole use of Member States, international, regional and subregional organizations undertaking measures in accordance with paragraph 12 above;

  • 15. Requests that cooperating States take appropriate steps to ensure that the activities they undertake pursuant to the authorizations in paragraph 12 do not have the practical effect of denying or impairing the right of innocent passage to the ships of any third State;

  • 16. Calls upon all States, and in particular flag, port, and coastal States, States of the nationality of victims, and perpetrators of piracy and armed robbery, and other States with relevant jurisdiction under international law and national legislation, to cooperate in determining jurisdiction, and in the investigation and prosecution of all persons responsible for acts of piracy and armed robbery off the coast of Somalia, including anyone who incites or facilitates an act of piracy, consistent with applicable international law including international human rights law to ensure that all pirates handed over to judicial authorities are subject to a judicial process, and to render assistance by, among other actions, providing disposition and logistics assistance with respect to persons under their jurisdiction and control, such as victims and witnesses and persons detained as a result of operations conducted under this resolution;

  • 17. Calls upon all States to criminalize piracy under their domestic law and to favourably consider the prosecution of suspected, and imprisonment of those convicted, pirates apprehended off the coast of Somalia, and their facilitators and financiers ashore, consistent with applicable international law, including international human rights law;

  • 18. Reiterates its decision to continue its consideration of the establishment of specialized anti-piracy courts in Somalia and other States in the region with substantial international participation and/or support, as set forth in resolution 2015 (2011), and the importance of such courts having jurisdiction over not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attack, and encourages the CGPCS to continue its discussions in this regard;

  • 19. Welcomes, in this context, the UNODC Counter-Piracy Programme’s continued work with authorities in Somalia and in neighbouring States to ensure that individuals suspected of piracy are prosecuted and those convicted are imprisoned in a manner consistent with international law, including international human rights law;

  • 20. Urges all States to take appropriate actions under their existing domestic law to prevent the illicit financing of acts of piracy and the laundering of its proceeds;

  • 21. Urges States, in cooperation with INTERPOL and Europol, to further investigate international criminal networks involved in piracy off the coast of Somalia, including those responsible for illicit financing and facilitation;

  • 22. Commends INTERPOL for operationalizing a global piracy database that consolidates information about piracy off the coast of Somalia and facilitates the development of actionable analysis for law enforcement, and urges all States to share such information with INTERPOL for use in the database, through appropriate channels;

  • 23. Commends the contributions of the Trust Fund and the IMO-funded Djibouti Code of Conduct and urges both state and non-State actors affected by piracy, most notably the international shipping community, to contribute to them;

  • 24. Urges States parties to “The Convention” and the SUA Convention to implement fully their relevant obligations under these conventions and customary international law and to cooperate with the UNODC, IMO, and other States and other international organizations to build judicial capacity for the successful prosecution of persons suspected of piracy and armed robbery at sea off the coast of Somalia;

  • 25. Acknowledges the recommendations and guidance provided by the IMO on preventing and suppressing piracy and armed robbery at sea; and urges States, in collaboration with the shipping and insurance industries, and the IMO, to continue to develop and implement avoidance, evasion, and defensive best practices and advisories to take when under attack or when sailing in the waters off the coast of Somalia, and further urges States to make their citizens and vessels available for forensic investigation as appropriate at the first suitable port of call immediately following an act or attempted act of piracy or armed robbery at sea or release from captivity;

  • 26. Encourages flag States and port States to further consider the development of safety and security measures on board vessels, including, where applicable, developing regulations for the use of PCASP on board ships, aimed at preventing and suppressing piracy off the coast of Somalia, through a consultative process, including through the IMO and ISO;

  • 27. Invites the IMO to continue its contributions to the prevention and suppression of acts of piracy and armed robbery against ships in coordination, in particular, with the UNODC, the World Food Program (WFP), the shipping industry, and all other parties concerned, and recognizes the IMO’s role concerning privately contracted armed security personnel on board ships in high-risk areas;

  • 28. Notes the importance of securing the safe delivery of WFP assistance by sea, welcomes the on-going work by the WFP, EU operation ATALANTA and flag States with regard to Vessel Protection Detachments on WFP vessels;

  • 29. Requests States and regional organizations cooperating with Somali authorities to inform the Security Council and the Secretary-General in nine months of the progress of actions undertaken in the exercise of the authorizations provided in paragraph 12 above and further requests all States contributing through the CGPCS to the fight against piracy off the coast of Somalia, including Somalia and other States in the region, to report by the same deadline on their efforts to establish jurisdiction and cooperation in the investigation and prosecution of piracy;

  • 30. Requests the Secretary-General to report to the Security Council within 11 months of the adoption of this resolution on the implementation of this resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia;

  • 31. Expresses its intention to review the situation and consider, as appropriate, renewing the authorizations provided in paragraph 12 above for additional periods upon the request of Somali authority;

  • 32. Decides to remain seized of the matter.

Op 5 december 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7072e zitting aangenomen Resolutie 2127 (2013) inzake de Centraal-Afrikaanse Republiek. De Engelse tekst van de resolutie luidt:

Resolution 2127 (2013)
Adopted by the Security Council at its 7072nd meeting, on 5 December 2013

The Security Council,

Recalling its previous resolutions and statements on the Central African Republic (CAR), in particular resolution 2121 (2013),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of the CAR, and recalling the importance of the principles of good-neighbourliness and regional cooperation,

Expressing deep concern at the continuing deterioration of the security situation in the CAR, characterized by a total breakdown in law and order, the absence of the rule of law, intersectarian tensions and further expressing its grave concern about the consequences of instability in the CAR, on the central African region and beyond, and stressing in this regard the need for the international community to respond swiftly,

Remaining seriously concerned by multiple and increasing violations of international humanitarian law and the widespread human rights violations and abuses, notably by former Seleka and militia groups, in particular those known as the “antibalaka”, including those involving extrajudicial killings, enforced disappearances, arbitrary arrests and detention, torture, sexual violence against women and children, rape, recruitment and use of children and attacks against civilians,

Underlying its particular concern at the new dynamic of violence and retaliation and the risk of it degenerating into a countrywide religious and ethnic divide, with the potential to spiral into an uncontrollable situation, including serious crimes under international law in particular war crimes and crimes against humanity, with serious regional implications,

Further expressing concern at the insufficient capacity of the police, justice and corrections institutions to hold perpetrators of such violations and abuses accountable,

Condemning all violence targeting members of ethnic and religious groups and their leaders and encouraging all parties and stakeholders in the CAR to support and contribute effectively, with the assistance of the international community, to intercommunal and interfaith dialogues, aiming at alleviating the current tensions on the ground,

Reiterating that all perpetrators of such acts must be held accountable and that some of those acts may amount to crimes under the Rome Statute of the International Criminal Court (ICC), to which the CAR is a State party, and further recalling the statement made by the Prosecutor of the ICC on 7 August 2013,

Reiterating its condemnation of the devastation of natural heritage and noting that poaching and trafficking of wildlife are among the factors that fuel the crisis in the CAR,

Noting the decision by the Kimberley Process to suspend the CAR,

Welcoming the report of the Secretary-General dated 15 November 2013, on the situation in the CAR and on the planning of MISCA and taking note of the detailed options for international support to MISCA,

Recalling that the Transitional Authorities have the primary responsibility to protect the civilian population,

Further recalling its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012) on Children and Armed Conflict and its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013) on Women, Peace and Security and calling upon the parties in the CAR to engage with the Special Representative on Children and Armed Conflict and the Special Representative on Sexual Violence in Conflict,

Stressing the importance that the Transitional Authorities ensure women’s full and equal participation in all discussions pertinent to the resolution of the conflict and in all phases of electoral processes,

Emphasizing the risk of the situation in the CAR providing a conducive environment for transnational criminal activity, such as that involving arms trafficking and the use of mercenaries as well as a potential breeding ground for radical networks,

Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in the CAR arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons,

Expressing continued concern about the activity of the Lord’s Resistance Army (LRA) in the CAR due in part to the prevailing security situation,

Reiterating its serious concern at the worsening humanitarian situation in the CAR, strongly condemning the repeated attacks on UN staff and humanitarian personnel, goods, assets and premises and the looting of humanitarian aid which have resulted in obstructing the delivery of humanitarian aid,

Underscoring the importance of respecting the United Nations guiding principles of humanitarian assistance, including neutrality, impartiality, humanity and independence in the provision of humanitarian assistance,

Urging all parties to take the necessary steps to ensure the safety and security of humanitarian personnel and United Nations and its associated personnel and their assets,

Recalling the letter of its President dated 29 October, approving the deployment of a guard unit to the CAR as part of BINUCA and taking note of the Secretary-General’s letter of 26 November 2013 highlighting progress towards the deployment of a guard unit within BINUCA, as well as the consent of the Transitional Authorities as expressed on 5 November for such a guard unit and welcoming in this regard the contribution of the Kingdom of Morocco to this unit,

Welcoming the decision of the African Union Peace and Security Council (AU-PSC) on 19 July 2013 to authorize the deployment of the “African-led International Support Mission in the CAR” (referred to hereafter as MISCA), as well as the adoption of a new concept of operation on 10 October 2013,

Reiterating its appreciation for the ongoing efforts of the Economic Community of Central African States (ECCAS) and its Mediator regarding the CAR crisis, as well as the efforts of the African Union to resolve the crisis, and the efforts of the International Contact Group on the CAR,

Welcoming the strong engagement of the European Union (EU) for the CAR, in particular the Foreign Affairs Council conclusions of 21 October 2013 and the commitment of the EU to contribute financially to the deployment of MISCA within the framework of the African Peace Facility, further welcoming ongoing discussions within the EU on possible additional support,

Welcoming the efforts made by the Secretariat to expand and improve the roster of experts for the Security Council Subsidiary Organs Branch, bearing in mind the guidance provided by the Note of the President (S/2006/997),

Taking note of the declaration adopted by the International Contact Group on the CAR at its third meeting held in Bangui on 8 November 2013,

Taking note of the AU-PSC Communiqué of 13 November 2013, which urges the Security Council to quickly adopt a resolution endorsing and authorizing the deployment of MISCA,

Taking note of the letter dated 22 November 2013 from the Chair of the Peacebuilding Commission, stressing the importance of ensuring that peacebuilding needs in CAR are addressed immediately following stabilization of the security and humanitarian situation and, in this regard, emphasizing the Commission’s role in mobilizing and sustaining the attention and commitment of partners and actors in support of related United Nations and regional efforts,

Taking note of the letter by the CAR authorities of 20 November 2013 requesting the support to MISCA by French forces,

Underlining the importance of all subregional, regional and international organizations acting in the CAR improving their coordination with one another,

Determining that the situation in the CAR constitutes a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

Political process

  • 1. Underlines its support for the Libreville Agreements of 11 January 2013, the N’Djamena Declaration of 18 April 2013, the Brazzaville Appeal of 3 May 2013 and the declaration adopted by the International Contact Group on the CAR at its third meeting held in Bangui on 8 November 2013;

  • 2. Reiterates that, according to the political agreement signed in Libreville, the Prime Minister is the Head of the Government of National Unity which is in charge of implementing the priorities defined in article 5 of this agreement and urges all parties to respect this agreement;

  • 3. Further reiterates that, in accordance with the African Charter on Democracy, Elections and Governance, the Libreville Agreements, the relevant ECCAS decisions and the Constitutional Charter for the Transition, the Head of Transition, the Prime Minister, the President of the National Transition Council (NTC), the Ministers and members of the NTC bureau cannot participate in the elections intended to restore the constitutional order;

  • 4. Urges the Transitional Authorities to take all appropriate steps for immediate disarmament, cantonment and dismantling of all armed groups, throughout the whole territory of the country, consistent with international standards;

  • 5. Demands the swift implementation of transitional arrangements referred to in paragraph 1 above, which shall lead to the holding of free, fair and transparent presidential and legislative elections 18 months after the beginning of the transition period as defined in article 102 of the Transitional Charter which took effect on 18 August 2013, and called for by the N’Djamena Declaration;

  • 6. Deplores that the Transitional Authorities have made only limited progress towards the implementation of key elements of the Transitional Framework, notably regarding the organization of elections by February 2015; and in this regard, calls upon the Transitional Authorities to swiftly put in place the National Authority for the elections which will enable the United Nations to identify the technical requirements for the successful organization of elections;

  • 7. Urges the Transitional Authorities to implement the “Republican Pact” signed by the transitional government on 7 November 2013, under the aegis of the Sant’Egidio, as a credible framework to promote an inclusive national dialogue between all political, social and religious parties of the country, and requests the Secretary-General, through his Special Representative for the CAR, to take appropriate steps to assist the Transitional Authorities to enhance their mediation capacity and to facilitate and strengthen such a dialogue;

  • 8. Expresses its intention to closely monitor the management of the Transition and commends the role of the Special Representative of the Secretary-General (SRSG) and the ECCAS mediator;

  • 9. Expresses its support for BINUCA’s critical role in helping to restore the constitutional order and supporting the ongoing political process in the implementation of the Libreville agreement and the N’Djamena road map and the electoral process;

  • 10. Decides that any attempt to delay, impede or violate the transitional arrangements referred to in paragraph 1 above shall be considered as an impediment to the peace process and could lead to the imposition of appropriate measures defined in paragraph 56 below;

DDR/SSR

  • 11. Urges Transitional Authorities to develop and implement disarmament, demobilization and reintegration (DDR) or disarmament, demobilization, repatriation, reintegration and resettlement (DDRRR) programmes including for former Seleka elements who will not be integrated into the security forces and children associated with armed forces and groups;

  • 12. Further urges the Transitional Authorities to develop and to implement a comprehensive and nationally owned Security Sector Reform (SSR) programme, which includes appropriate vetting procedures to reconstitute professional, balanced and representative CAR security forces selected on the basis of the respect for human rights and nationality, and calls upon the Transitional Authorities to cooperate with BINUCA and MISCA for these purposes;

  • 13. Calls on Member States, regional and international organizations, including the African Union, the United Nations and the European Union, to coordinate their assistance to the Transitional Authorities in their efforts towards reforming the security sector;

Rule of law

  • 14. Underlines the importance of strengthening the capacity of police, justice and correction institutions to uphold the rule of law and bring to justice perpetrators of violations of international humanitarian law, international human rights law and of human rights abuses;

  • 15. Further stresses the importance of strengthening support to the Transitional Authorities to enable them to address security challenges and extend state authority;

Protection of natural resources

  • 16. Condemns the illegal exploitation of natural resources in the CAR which contributes to the perpetuation of the conflict, and underlines the importance of bringing an end to these illegal activities, including by applying the necessary pressure on the armed groups, traffickers and all other actors involved;

Promotion and protection of human rights

  • 17. Strongly condemns the continued violations of international humanitarian law and the widespread human rights violations and abuses, perpetrated by armed groups, and specifically former Seleka elements, anti-Balaka elements and the LRA, that threaten the population and stresses that the perpetrators of such violations should be brought to justice;

  • 18. Urges the Transitional Authorities to ensure, without delay, that all perpetrators of violations and abuses of human rights and violations of international humanitarian law are held accountable;

  • 19. Expresses deep concern at the escalation of interreligious and intercommunal violence as well as violence targeting members of ethnic and religious groups and their leaders, and urges all parties and stakeholders in CAR, with the assistance of the international community, to work together in order to strengthen intercommunal and interfaith dialogues, to prevent further deterioration of the situation on the ground;

  • 20. Reiterates its demands that all armed groups, in particular former Seleka elements and anti-Balaka elements, prevent and end the recruitment and use of children, that all parties protect and consider as victims those children who have been released or otherwise separated from armed forces and armed groups, and emphasizes the need to pay particular attention to the protection, release and reintegration of all children associated with armed groups;

  • 21. Underscores the primary responsibility of the Transitional Authorities to protect the population, as well as to ensure the security and unity in its territory, and stresses their obligation to ensure respect for international humanitarian law, human rights law and refugee law;

  • 22. Calls upon all parties to armed conflict in the CAR, including former Seleka elements and anti-Balaka elements, to issue clear orders prohibiting all violations and abuses committed against children in violation of applicable international law, such as their recruitment and use, killing and maiming, abductions and attacks on schools and hospitals and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged abuses in order to hold perpetrators accountable and to ensure that those responsible for such violations and abuses are excluded from the security sector;

  • 23. Calls upon all parties to armed conflict in the CAR, including former Seleka elements to issue clear orders against sexual violence, and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged abuses in order to hold perpetrators accountable, in line with its resolutions 1960 (2010) and 2106 (2013), and to facilitate immediate access for victims of sexual violence to available services;

  • 24. Requests that the Secretary-General rapidly establish an international commission of inquiry for an initial period of one year, including experts in both international humanitarian law and human rights law, in order immediately to investigate reports of violations of international humanitarian law, international human rights law and abuses of human rights in CAR by all parties since 1 January 2013, to compile information, to help identify the perpetrators of such violations and abuses, point to their possible criminal responsibility and to help ensure that those responsible are held accountable, and calls on all parties to cooperate fully with such a commission;

  • 25. Further requests the Secretary-General to report to the Security Council on the findings of the commission of inquiry six months and one year after the adoption of this resolution;

  • 26. Further requests the Secretary-General in conjunction with the High Commissioner on Human Rights (HCHR) to take appropriate steps to increase the number of human rights monitors deployed in the CAR;

  • 27. Encourages Member States to take steps to strongly discourage their nationals from travelling to the CAR to participate in activities that contribute to undermining the peace, threatening the political process, or supporting the violation of human rights;

Deployment of MISCA

  • 28. Authorizes the deployment of MISCA for a period of twelve months after the adoption of this resolution, to be reviewed six months after the adoption of this resolution, which shall take all necessary measures, consistent with the concept of operations adopted on 19 July 2013 and reviewed on 10 October 2013, to contribute to:

    • (i) the protection of civilians and the restoration of security and public order, through the use of appropriate measures;

    • (ii) the stabilization the country and the restoration of State authority over the whole territory of the country;

    • (iii) the creation of conditions conducive to the provision of humanitarian assistance to populations in need;

    • (iv) the DDR or DDRRR process led by the Transitional Authorities and coordinated by BINUCA;

    • (v) national and international efforts to reform and restructure the defence and security sectors led by the Transitional Authorities and coordinated by BINUCA;

  • 29. Welcomes the consultations held between the AU Commission and countries from the central African region and the support provided by the United Nations, and Member States to finalize all aspects of the transition from MICOPAX to MISCA, including the outcome of the meetings held in Addis Ababa from 7 to 10 October 2013;

  • 30. Requests the AU and ECCAS to ensure that the transfer of authority from MICOPAX to MISCA takes effect on 19 December 2013 and, in this regard, notes that the AU Commission has been called by the AU-PSC to urgently and successfully transfer authority from MICOPAX to MISCA and further welcomes the appointment of the new leadership of MISCA;

  • 31. Emphasizes the need for strong coordination and information-sharing between BINUCA, the African Union-Regional Task Force (AU-RTF) and the MISCA in the context of their protection of civilians activities and counter-LRA operations;

  • 32. Requests the African Union, in close coordination with the Secretary-General and other international organizations and bilateral partners involved in the crisis, to report to the Security Council every 60 days on the deployment and activities of MISCA;

  • 33. Emphasizes the need for MISCA, and all military forces in CAR, while carrying out their mandate, to act in full respect of the sovereignty, territorial integrity and unity of CAR and in full compliance with applicable international humanitarian law, human rights law and refugee law and recalls the importance of training in this regard;

International support

  • 34. Welcomes contributions already made by ECCAS countries, calls upon African countries (MAR) to contribute to MISCA so it is able to fulfil its mandate, and further encourages Members States and regional organizations to cooperate closely with the African Union, ECCAS the United Nations, troop-contributing countries and other organizations and donors to this end;

  • 35. Stresses that all new African troops shall be integrated fully into the MISCA command and control structures, and shall operate in accordance with MISCA’s mandate as set out in paragraph 28 of this resolution;

  • 36. Calls upon the Transitional Authorities and all other parties in the CAR to cooperate fully with the deployment and operations of MISCA, in particular by ensuring its safety, security and freedom of movement with unhindered and immediate access throughout the territory of the CAR to enable it to fully carry out its mandate and further calls upon neighbouring countries of the CAR to take appropriate measures to support the implementation of MISCA mandate;

UN support

  • 37. Requests the Secretary-General to continue to enhance the provision of technical and expert advice to the African Union in the planning and deployment of MISCA as well as on the implementation of the MISCA Concept of Operations, on the establishment of MISCA mission headquarters, with the view to strengthening its command and control and administrative structures, improving communication and information technology infrastructure and providing necessary training;

  • 38. Further requests the Secretary-General to support MISCA in countering illicit proliferation of all arms and related materials of all types, in particular small arms to secure stockpiles of explosive weaponry, clear explosive remnants of war and conventional munitions disposal;

  • 39. Underscores the need to establish appropriate coordination mechanisms between BINUCA and MISCA;

  • 40. Underlines that the support outlined in paragraphs 37 and 43 of this resolution must be in full compliance with the United Nations Human Rights and Due Diligence Policy on UN support to non-UN Security forces (HRDDP);

Funding

  • 41. Underlines that regional organizations have the responsibility to secure human, financial, logistical and other resources for the work of their organizations including through contributions by their members and support from their partners;

  • 42. Calls upon Member States and international, regional and subregional organizations, to provide financial support and contributions in kind to MISCA to enable its deployment and implementation of its mandate and welcomes in this regard the willingness of the European Union to provide such financial support to MISCA through the mobilization of the African Peace Facility;

  • 43. Requests the Secretary-General to establish a trust fund for MISCA through which Member States and international, regional and subregional organizations can provide financial support to MISCA and further requests the Secretary-General to support, in coordination with the EU, the holding of a donors conference of Member States and relevant international, regional and subregional organizations which will be organized by the African Union to solicit contributions, notably to this trust fund, as soon as possible;

  • 44. Calls upon Member States to contribute generously and promptly to the new UN trust fund for MISCA, while noting that the existence of the trust fund does not preclude the conclusion of direct bilateral arrangements and further requests the African Union, in consultation with and the Secretary-General, to submit budgetary requests to this trust fund;

  • 45. Notes that the AU-PSC communiqué of 13 November 2013 expresses its appreciation to bilateral and multilateral partners of the AU who are committed to providing support for the deployment and operation of MISCA;

PKO

  • 46. Takes note of the position of the AU and ECCAS that MISCA may require eventual transformation into a United Nations peacekeeping operation and in this regard welcomes the Secretary-General’s intention to undertake the necessary preparations for the possible transformation of MISCA into a United Nations peacekeeping operation;

  • 47. Requests the Secretary-General to undertake expeditiously contingency preparations and planning for the possible transformation into a United Nations peacekeeping operation, stressing that a future decision of this Council would be required to establish such a mission;

  • 48. Requests the Secretary-General, in consultations with the AU, to report to the Security Council no later than 3 months from the adoption of this resolution with recommendations on the possible transformation of MISCA to a United Nations peacekeeping operation, including an assessment of progress towards meeting the appropriate conditions on the ground referred to in paragraph 45 of the Secretary-General report dated 15 November 2013;

French forces

  • 49. Notes the AU-PSC communiqué of 13 November 2013 welcoming the proposed strengthening of the French forces to better support MISCA and encouraging the AU Commission to work towards the establishment of an effective operational coordination between MISCA and the French forces;

  • 50. Authorizes the French forces in the CAR, within the limits of their capacities and areas of deployment, and for a temporary period, to take all necessary measures to support MISCA in the discharge of its mandate as provided by paragraph 28 above; requests France to report to the Council on the implementation of this mandate in the CAR and to coordinate its reporting with the reporting by the African Union referred to in paragraph 32 above and decides to review this mandate within six months after its commencement and calls upon the Transitional Authorities to cooperate fully with the deployment and operations of French forces, in particular by ensuring its safety, security and freedom of movement with unhindered and immediate access throughout the territory of CAR and further calls upon neighbouring countries of CAR to take appropriate measures to support the action of French forces;

Humanitarian principles, access, funding and action

  • 51. Expresses its serious concern at the deterioration of the humanitarian situation in the CAR and the restricted humanitarian access resulting from increased insecurity and attacks against humanitarian workers;

  • 52. Demands that all parties to the conflict, in particular the former Seleka, ensure the rapid, safe and unhindered access of humanitarian organizations and relief personnel and the timely delivery of humanitarian assistance to populations in need, while respecting the UN guiding principles of humanitarian assistance, including neutrality, impartiality, humanity and independence in the provision of humanitarian assistance;

  • 53. Calls upon Member States to respond swiftly to the United Nations’ humanitarian appeals to meet the spiralling needs of people inside the CAR and refugees who have fled to neighbouring countries and encourages to this effect the swift implementation of humanitarian projects by UN and humanitarian organizations;

Sanctions regime

Arms embargo

  • 54. Decides that, for an initial period of one year from the date of adoption of this resolution, all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the CAR, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories, and decides further that this measure shall not apply to:

    • a) Supplies intended solely for the support of or use by MICOPAX, MISCA, BINUCA and its guard unit, the AU-RTF, and the French forces deployed in the CAR;

    • b) Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee established pursuant to paragraph 57 below;

    • c) Protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

    • d) Supplies of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of CAR or CAR’s international legal obligations;

    • e) Supplies of arms and other related lethal equipment to the CAR security forces, intended solely for support of or use in the CAR process of SSR, as approved in advance by the Committee; or

    • f) Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;

  • 55. Decides to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 54 of this resolution, seize, register and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited by paragraph 54 of this resolution and decides further that all Member States shall cooperate in such efforts;

Future measures

  • 56. Expresses its strong intent to swiftly consider imposing targeted measures, including travel bans and assets freezes, against individuals who act to undermine the peace, stability and security, including by engaging in acts that threaten or violate transitional agreements, or by engaging or providing, support for actions that threaten or impede the political process or fuel violence, including through violations of human rights and international humanitarian law, the recruitment and use of children in armed conflict in violation of applicable international law, sexual violence, or supporting the illegal armed groups or criminal networks through the illicit exploitation of natural resources, including diamonds, in the CAR, or by violating the arms embargo established in paragraph 54;

Sanctions Committee

  • 57. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein “the Committee”), to undertake to following tasks:

    • a) To monitor implementation of the measures imposed in paragraphs 54 and 55 above with a view to strengthening, facilitating and improving implementation of these measures by Member States;

    • b) To review information regarding those individuals who may be engaging in the acts described in paragraph 54;

    • c) To establish such guidelines as may be necessary to facilitate the implementation of the measures imposed above;

    • d) To report within 60 days to the Security Council on its work and thereafter to report as deemed necessary by the Committee;

    • e) To encourage a dialogue between the Committee and interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures;

    • f) To seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed above;

    • g) To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in paragraphs 54 and 55;

  • 58. Calls upon all Member States to report to the Committee within ninety days from the adoption of this resolution on the steps they have taken with a view to implementing effectively paragraph 54;

  • 59. Requests the Secretary-General to create for an initial period of thirteen months, in consultation with the Committee, and to make the necessary financial and security arrangements to support the work of the Panel, a group of up to five experts (“Panel of Experts”), under the direction of the Committee to carry out the following tasks:

    • a) Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee with information relevant to the potential designation at a later stage of individuals who may be engaging in the activities described in paragraph 54 above;

    • b) Gather, examine and analyse information from States, relevant United Nations bodies, regional organizations and other interested parties regarding the implementation of the measures decided in this resolution, in particular incidents of non-compliance;

    • c) Provide to the Council, after discussion with the Committee, an update no later than 5 March 2014, an interim report by 5 July 2014 and a final report no later than 5 November 2014;

    • d) To assist the Committee in refining and updating information on the list of individuals violating measures imposed by paragraph 54 of this resolution, including through the provision of biometric information and additional information for the publicly-available narrative summary of reasons for listing;

  • 60. Urges all parties and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of experts and further urges all Member States involved to ensure the safety of the members of the Panel of experts and unhindered access, in particular to persons, documents and sites in order for the Panel of experts to execute its mandate;

Continuous review

  • 61. Affirms that it shall keep the situation in the CAR under continuous review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including the strengthening through additional measures, in particular the freezing of assets, modification, suspension or lifting of the measures, as may be needed at any time in light of the progress achieved in the stabilization of the country and compliance with this resolution;

  • 62. Decides to remain actively seized of the matter.

Op 10 december 2013 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7077e zitting aangenomen Resolutie 2128 (2013) inzake Liberia. De Engelse tekst van de resolutie luidt:

Resolution 2128 (2013)
Adopted by the Security Council at its 7077th meeting, on 10 December 2013

The Security Council,

Recalling its previous resolutions and statements by its President on the situation in Liberia and West Africa,

Welcoming the sustained progress made by the Government of Liberia since January 2006, in rebuilding Liberia for the benefit of all Liberians, with the support of the international community,

Acknowledging the 26 September 2013 decision by the Special Court of Sierra Leone to uphold Charles Taylor’s conviction for war crimes and crimes against humanity and recognizing the United Kingdom’s willingness to house Mr. Taylor for the duration of his sentence,

Stressing the need for continued progress on security sector reform in Liberia to ensure that Liberia’s military, police, and border security forces are selfsufficient, capable, competent, and adequately prepared to protect the Liberian people as the United Nations Mission in Liberia (UNMIL) draws down,

Underlining that the transparent and effective management of natural resources is critical for Liberia’s sustainable peace and security,

Recognizing that the Government of Liberia has taken important steps towards better management and protection of Liberia’s forests and other natural resources, stressing that further steps need to be taken to protect and properly manage Liberia’s natural resources transparently, effectively and in a manner that maximizes the social and economic benefits to the community and protects the rights of the Liberian people,

Encouraging the Government of Liberia to continue to make progress through effective implementation and enforcement of the National Forestry Reform Law and other new legislation related to revenue transparency (the Liberia Extractive Industries Transparency Initiative Act) and resolution of land and tenure rights (Community Rights Law with respect to Forest Lands and Lands Commission Act),

Acknowledging the contributions and continued importance of the United Nations Mission in Liberia (UNMIL) in improving security throughout Liberia and helping the Government establish its authority throughout the country, particularly in population centres, border areas and Liberia’s diamond, gold, timber, and other natural resources producing regions,

Encouraging the Government of Liberia to collaborate with UNMIL to improve the institutional capacity of the Liberia National Police and customs authorities to effectively monitor the borders and ports of entry, and conduct investigations and, in this regard, stressing the importance of adopting and implementing the Police Act,

Taking note of the report of the United Nations Panel of Experts on Liberia (S/2013/683),

Welcoming the efforts made by the Secretariat to expand and improve the roster of experts for the Security Council Subsidiary Organs Branch, bearing in mind the guidance provided by the Note of the President S/2006/997,

Calling on all Liberian leaders to promote meaningful reconciliation and inclusive dialogue to consolidate peace and advance Liberia’s democratic development,

Underlining its determination to support the Government of Liberia in its efforts to meet the conditions of resolution 1521 (2003), welcoming the engagement of the Peacebuilding Commission, and encouraging all stakeholders, including donors, to support the Government of Liberia in its efforts,

Underlining the importance of close cooperation between the Government of Liberia and neighbouring countries with regard to effective monitoring and control of their borders,

Determining that, despite significant progress, the situation in Liberia remains fragile and continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Reaffirms that the measures imposed by paragraph 1 of resolution 1532 (2004) remain in force;

  • 2. Decides for a period of 12 months from the date of adoption of this resolution:

    • a) To renew the measures on travel imposed by paragraph 4 of resolution 1521 (2003);

    • b) To renew the measures on arms, previously imposed by paragraph 2 of resolution 1521 (2003) and modified by paragraphs 1 and 2 of resolution 1683 (2006), by paragraph 1 (b) of resolution 1731 (2006), by paragraphs 3, 4, 5 and 6 of resolution 1903 (2009), and by paragraph 3 of resolution 1961 (2010), and to modify the associated notification requirements as follows:

      • (i) Notification for non-lethal materials and associated training is no longer required;

      • (ii) The Liberian authorities shall have the primary responsibility to notify to the Committee at least five days in advance of the shipment of any supplies of lethal arms and related materiel, or any provision of assistance, advice or training related to military or other security sector activities for the Government of Liberia referred to in paragraph 2 (b) above;

      • (iii) Member States delivering assistance may, in the alternative, make this notification pursuant to paragraph 2 (b) in consultation with the Government of Liberia;

      • (iv) Such notifications must contain all relevant information, including the purpose and end user, the technical specifications and quantity of the equipment to be shipped and, when applicable, the supplier, the proposed date of delivery, mode of transportation, and itinerary of shipments;

  • 3. Directs the Committee to review within 90 days all individuals and entities subject to the measures imposed by paragraph 1 of resolution 1532 (2004) and paragraph 4 of resolution 1521 (2003) and remove on a case-by-case basis all those that no longer meet the listing criteria outlined by those measures, with due regard for the views of the Government of Liberia;

  • 4. Decides further to review six months from the adoption of this resolution all of the above measures with a view to modifying or lifting all or part of the measures of the sanctions regime dependent upon Liberia’s progress towards meeting the conditions set out in resolution 1521 (2003) for terminating those measures;

  • 5. Decides to extend the mandate of the Panel of Experts appointed pursuant to paragraph 9 of resolution 1903 (2009) for a period of 12 months from the date of adoption of this resolution to undertake the following tasks in close collaboration with the Government of Liberia and the Côte d’Ivoire Group of Experts:

    • a) To conduct two follow-up assessment missions to Liberia and neighbouring States, to investigate and compile a midterm and a final report on the implementation, and any violations, of the measures on arms as amended by resolution 1903 (2009), and including the various sources of financing for the illicit trade of arms, on progress in the security and legal sectors with respect to the Government of Liberia’s ability to effectively monitor and control arms and border issues, and on the Government of Liberia’s progress on meeting notification requirements;

    • b) To provide to the Council, after discussion with the Committee, a midterm report no later than 1 June 2014 and a final report no later than 1 December 2014 on all the issues listed in this paragraph, and to provide informal updates to the Committee as appropriate before those dates;

    • c) To cooperate actively with other relevant panels of experts, in particular that on Côte d’Ivoire re-established by paragraph 13 of resolution 1980 (2011);

  • 6. Requests the Secretary-General to reappoint the Panel of Experts, having due regard to the Panel’s reduced mandate, to consist of two members, and to make the necessary financial and security arrangements to support the work of the Panel;

  • 7. Calls upon all States and the Government of Liberia to cooperate fully with the Panel of Experts in all aspects of its mandate;

  • 8. Recalls that responsibility for controlling the circulation of small arms within the territory of Liberia and between Liberia and neighbouring States rests with the relevant governmental authorities in accordance with the Economic Community of West African States Convention on Small Arms and Light Weapons of 2006;

  • 9. Requests the Government of Liberia to conduct a needs-based assessment, with the assistance of UNMIL and any other relevant actors, for any future weapons purchases, and ensure that weapons purchased are strictly necessary for the security operations of government agencies;

  • 10. Encourages the Governments of Liberia, Sierra Leone, Côte d’Ivoire and Guinea, within the framework of the Mano River Union, to intensify coordination and exchange of information with regard to cross-border threats to peace and security as well as illicit arms trafficking at both the political and operational levels;

  • 11. Urges the Government of Liberia to expedite the adoption and implementation of appropriate legislation and take any other steps to establish the necessary legal framework to combat the illicit trafficking of arms and ammunition;

  • 12. Encourages the international community, including relevant United Nations entities, to support the Government of Liberia’s reform efforts aimed at ensuring that natural resources are contributing to peace, security and development;

  • 13. Encourages the Government of Liberia to actively cooperate with the Kimberley Process, implement the minimum requirements of the Kimberley Process Certification Scheme and fulfil the recommendations identified during the 2013 Kimberley Process peer review visit and further encourages the Governments of Liberia, Côte d’Ivoire, Guinea and Sierra Leone to continue working within the Kimberley Process to create a regional approach to improving the control of diamonds in the Mano River Basin;

  • 14. Reaffirms the need for UNMIL and the United Nations Operations in Côte d’Ivoire (UNOCI) to regularly coordinate their strategies and operations in areas near the Liberian-Côte d’Ivoire border, to contribute to subregional security;

  • 15. Reaffirms the need for the Department of Peacekeeping Operations and UNMIL to cooperate closely and share information with the relevant Security Council’s Sanctions Committees’ expert panels;

  • 16. States the importance of UNMIL’s continuing assistance to the Government of Liberia, the Committee, and the Panel of Experts, within its capabilities and areas of deployment, and without prejudice to its mandate, continue to carry out its tasks set forth in previous resolutions, including resolution 1683 (2006);

  • 17. Decides to remain actively seized of the matter.

Op 28 januari 2014 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7103e zitting aangenomen Resolutie 2134 (2014) inzake de Centraal-Afrikaanse Republiek. De Engelse tekst van de resolutie luidt:

Resolution 2134 (2014)
Adopted by the Security Council at its 7103rd meeting, on 28 January 2014

The Security Council,

Recalling its previous resolutions and statements on the Central African Republic (CAR), in particular resolutions 2121 (2013) and 2127 (2013),

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the CAR, and recalling the importance of the principles of non-interference, good-neighbourliness and regional cooperation,

Expressing deep concern at the continuing deterioration of the security situation in the CAR, characterized by a total breakdown in law and order, the absence of the rule of law, religiously motivated targeted killings and arson, and further expressing its grave concern about the consequences of instability in the CAR, on the central African region and beyond, and stressing in this regard the need for the international community to respond swiftly,

Condemning the attacks occurring in the CAR and, in particular those that have taken place since 5 December 2013 in Bangui which left more than 1,000 people dead and hundreds of thousands persons internally displaced, and which have triggered widespread violence between Christian and Muslim communities across the country,

Remaining seriously concerned by multiple and increasing violations of international humanitarian law and the widespread human rights violations and abuses, including those involving extrajudicial killings, forced disappearances, arbitrary arrests and detention, torture, sexual violence against women and children, rape, recruitment and use of children and attacks against civilians and attacks against places of worship, committed by both former Seleka elements and militia groups, in particular those known as the “anti-Balaka”,

Alarmed by the increasing cycle of violence and retaliation and degeneration into a countrywide religious and ethnic divide, with the potential to spiral into an uncontrollable situation, including serious crimes under international law in particular war crimes and crimes against humanity, with serious regional implications,

Noting the Kimberley Process Certification Scheme’s temporary suspension of rough diamond trading by the CAR and expressing concern that diamond smuggling and other forms of illicit natural resource exploitation, including wildlife poaching, are destabilizing forces in CAR, and encouraging the Transitional Authorities and the State Authorities to address these issues through all possible avenues,

Welcoming the election of the Kingdom of Morocco as chair of the CAR configuration of the Peacebuilding Commission and reiterating the Commission’s role in mobilizing and sustaining the attention commitment of partners and actors in support of related UN and regional efforts,

Recalling that the Transitional Authorities have the primary responsibility to protect the civilian population in the CAR,

Welcoming the active leadership of the Economic Community of Central African States (ECCAS) in convening government leaders, members of the National Transition Council, and representatives of civil society from the CAR for discussions hosted by the Government of Chad in N’Djamena on 9 and 10 January 2014 on the political transition in CAR and encouraging continued efforts in this regard,

Taking note of the Declaration of the Summit of the Heads of State and Government of the International Conference on the Great Lakes Region (ICGLR) on the Promotion of Peace, Security, Stability and Development in the Great Lakes Region held in Luanda on 15 January 2014,

Expressing its deep appreciation for the actions taken by MISCA, its troopcontributing countries, and the French Forces to protect civilians and help stabilize the security situation immediately after the adoption of resolution 2127, and further expressing appreciation for those partners that have provided airlift to expedite the deployment of troops,

Welcoming the role of the domestic religious authorities at the national level in trying to pacify relations and prevent violence between religious communities and noting the need to amplify their voices at the local level,

Stressing the urgent need for greater resources and expertise to be allocated to BINUCA in order for the mission to fully implement its mandated tasks,

Recalling the need for an inclusive and effective disarmament, demobilization and reintegration process (DDR) as well as repatriation (DDRR) in the case of foreign fighters while respecting the need to fight against impunity,

Stressing the need to end impunity in the CAR and to bring to justice perpetrators of violations of international humanitarian law and of abuses and violations of human rights, and in this regard underlining the need to bolster national accountability mechanisms,

Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in the CAR arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons,

Recalling the letter of its President dated 29 October 2013 regarding the intention of the Secretary-General to deploy a guard unit to the CAR as part of BINUCA,

Welcoming the strong engagement of the European Union (EU) for the CAR, in particular the Foreign Affairs Council conclusions of 20 October 2013 and 16 December 2013 and EU’s decision to contribute financially to the deployment of MISCA within the framework of the African Peace Facility,

Welcoming the holding of a special session of the Human Rights Council and taking note with appreciation of the appointment of the Independent Expert on the Situation of human rights in the CAR,

Welcoming the pledges made at the High-Level Meeting on Humanitarian Action in the Central African Republic in Brussels, 20 January 2014 and encouraging the international community to swiftly follow through on pledges to continue providing support in response to the humanitarian situation in CAR,

Welcoming the readiness of the European Union, expressed at the meeting of the Council of the European Union held on 20 January 2014, to consider the establishment of a temporary operation to support MISCA in the Central African Republic, and taking note of the letter dated 21 January 2014 from the High Representative of the European Union,

Taking note of the letter from the Transitional authorities of the Central African Republic dated 22 January 2014 approving the deployment of an operation by the European Union,

Determining that the situation in the CAR constitutes a threat to international peace and security in the region,

BINUCA Mandate

  • 1. Decides to extend the mandate of BINUCA until 31 January 2015;

  • 2. Decides that the mandate of BINUCA shall be reinforced and updated as follows:

    • a) Support for the implementation of the transition process:

      • – To expedite the re-establishment of constitutional order and implementation of the Libreville agreements by identifying, facilitating, and coordinating regular communication between all relevant Central African, regional, and international stakeholders and providing strategic advice, technical assistance, and support to the ongoing political process, transitional institutions and Authorities and their implementation mechanisms;

      • – To take a leading role in working with the Transitional Authorities, relevant stakeholders, regional actors and the international community to devise and facilitate the political transition process and to provide technical assistance in support of the process;

      • – To assist in reconciliation efforts, at both the national and local levels, including through inter-religious dialogue and truth and reconciliation mechanisms working with relevant Transitional Authorities and relevant regional bodies;

      • – To make all necessary preparations, in support of the Transitional Authorities and working on an urgent basis with the National Electoral Authority, for the holding of free and fair elections, including the effective participation of women, as soon as possible, but no later than February 2015 and, if possible, in the second half of 2014, including by providing an urgent assessment of the financial, technical, and logistical needs for the electoral process;

    • b) Support for conflict prevention and humanitarian assistance:

      • – To exercise good offices, confidence-building and facilitation in order to anticipate, prevent, mitigate and resolve conflict and facilitate the safe, civilian-led delivery of humanitarian assistance, in accordance with United Nations guiding principles of humanitarian assistance;

      • – To help coordinate humanitarian assistance;

    • c) Extension of State authority:

      • – To promote and support the rapid restoration of state authority over the whole territory of the country;

      • – To assist CAR’s governmental institutions, including through technical assistance, to increase their capacity to perform basic government functions and deliver basic services to the Central African people;

    • d) Support for the stabilization of the security situation:

      • – To support the stabilization of the security situation by advising on and providing technical assistance in support of security sector governance and reform (SSR), rule of law (including police, justice and corrections), disarmament, demobilization and reintegration (DDR) – as well as repatriation (DDRR) in the case of foreign fighters – of combatants, including of all children associated with armed forces and groups, and mine action, including clearance of explosive remnants of war;

      • – To finalize, working with the Transitional Authorities and in consultation with MISCA and the French Forces, a comprehensive strategy for DDR and DDRR, and to support its implementation, including through technical assistance and by coordinating support from regional and international stakeholders;

    • e) Promotion and protection of human rights:

      • – To monitor, help investigate and report to the Council on violations of international humanitarian law and on abuses and violations of human rights committed throughout the CAR, including any committed by the LRA, and to contribute to efforts to identify perpetrators, and to prevent such violations and abuses;

      • – To monitor, help investigate and report to the Council, specifically on violations and abuses committed against children as well as violations committed against women including all forms of sexual violence in armed conflict, including through the deployment of child protection advisers and women protection advisers;

      • – To help strengthen the capacities, including through technical assistance, of the national judicial system, including transitional justice mechanisms, and of the national human rights institutions and assist with national reconciliation efforts, coordinating with the International Commission of Inquiry as well as the Independent Expert, as appropriate;

    • f) Cooperation with the Committee and the Panel of experts established pursuant to paragraphs 57 and 59 of resolution 2127 (2013):

      • – To assist the Committee established pursuant to paragraph 57 of resolution 2127 (2013) and the Panel of Experts established by the same resolution, within its capabilities, including by passing information relevant to the implementation of the mandate of the Committee and Panel of Experts;

    • g) Coordination of international actors:

      • – To coordinate international actors involved in the implementation of the tasks described above;

  • 3. Requests the Secretary-General to urgently reinforce BINUCA and provide it with significantly increased resources and expertise in order to fully and swiftly implement all aspects of the mandate defined in paragraph 2 of this resolution and increase its capacity of coordinating international actors in the field of its mandate and in this regard further requests the Secretary-General to submit proposals and resource requirements to appropriate bodies as soon as possible;

  • 4. Recalls the need for the Transitional Authorities to restore state authority over the whole territory of the country and underlines in this context the importance of BINUCA’s further expansion in the provinces;

  • 5. Stresses the importance of BINUCA working closely with the United Nations Country Team and the Peacebuilding Commission;

  • 6. Welcomes the deployment of an initial contingent of the Guard Unit from the Kingdom of Morocco on 1 January 2014, and urges the Secretary-General to expedite preparations for the swift deployment of the full Guard Unit at the earliest possible date;

  • 7. Stresses the importance for BINUCA to urgently make all necessary preparations for elections, on an urgent basis, with the Transitional Authorities and the National Electoral Authority;

  • 8. Underscores the importance for the Transitional Authorities to finalize, with the support of BINUCA, a comprehensive strategy for the disarmament, demobilization and reintegration (DDR) of combatants as well as repatriation (DDRR) in the case of foreign combatants, including of all children associated with armed forces and groups, working with the Transitional Authorities and in consultation with MISCA and the French Forces and in this regard reiterates its request to the Secretary-General to present detailed proposals for United Nations support in his forthcoming report due no later than 5 March 2014;

  • 9. Calls upon the Transitional Authorities, with the assistance of BINUCA and international partners, to address the illicit transfer, destabilizing accumulation, and misuse of small arms and light weapons in the CAR, and to ensure the safe and effective management, storage and security of their stockpiles of small arms and light weapons, and the collection and/or destruction of surplus, seized, unmarked, or illicitly held weapons and ammunition, and further stresses the importance of incorporating such elements into SSR and DDR/R programs;

  • 10. Stresses the urgent need to deploy throughout the country an increased number of BINUCA’s human rights monitors in order to implement fully its mandate to monitor, help investigate and report to the Council on violations of international humanitarian law and of abuses and violations of human rights committed throughout the CAR and to deploy an adequate number of child protection advisers and women protection advisers as stated in paragraph 10 of resolution 2121;

  • 11. Recalls the need for BINUCA to facilitate the safe, civilian-led delivery of humanitarian assistance, in accordance with United Nations guiding principles of humanitarian assistance and in coordination with all humanitarian actors;

  • 12. Stresses the need to immediately establish appropriate coordination mechanisms between BINUCA and MISCA and the European Union operation in the CAR;

  • 13. Expresses its intention to closely monitor the implementation of the above and requests the Secretary-General to update the Council in this regard;

Political process

  • 14. Underlines its support for the Libreville Agreements of 11 January 2013, the N’Djamena Declaration of 18 April 2013, the Brazzaville Appeal of 3 May 2013, the Transitional Charter and the declaration adopted by the International Contact Group on the CAR at its third meeting held in Bangui on 8 November 2013;

  • 15. Further welcomes the designation by the National Transitional Council, on 20 January 2014, of Catherine Samba-Panza as the new Transitional Head of State, the appointment of Andre Nzapayeke as Transitional Prime Minister, and the formation of a Transitional Government;

  • 16. Urges the Transitional Authorities to continue working for stabilization, national reconciliation and unity;

  • 17. Welcomes the establishment of the National Electoral Authority (NEA) on 16 December 2013 and underscores the importance that the Transitional Authorities with the support of BINUCA should hold free and fair elections, including by ensuring participation of women, as soon as possible, but no later than February 2015 and, if possible, in the second half of 2014;

  • 18. Recalls the commitment by the Transitional Authorities to initiate swift and concrete measures, including the convening of a Conciliation framework by 24 February 2014, to hold an inclusive and peaceful national dialogue to promote reconciliation and calls upon them to take swift action in this direction, in close coordination with BINUCA;

Human rights and humanitarian access

  • 19. Welcomes the appointment of the International Commission of Inquiry on 22 January 2014, in order to immediately investigate reports of violations of international humanitarian law, international human rights law and abuses of human rights in CAR by all parties since 1 January 2013, calls on all parties to cooperate fully with this commission, and encourages BINUCA to cooperate, as appropriate, with the Human Rights Council Independent expert and the International Commission of Inquiry;

  • 20. Requests BINUCA to provide assistance to Transitional Authorities in securing, in coordination with MISCA, evidence and crime scenes to support future investigations;

  • 21. Reiterates that all perpetrators of such violations and abuses must be held accountable and that some of those acts may amount to crimes under the Rome Statute of the International Criminal Court (ICC), to which the CAR is a State party, and recalls the statements made by the Prosecutor of the ICC on 7 August 2013 and 9 December 2013;

  • 22. Calls upon all parties to armed conflict in the CAR, including former Seleka elements and anti-Balaka elements, to issue clear orders prohibiting all violations and abuses committed against children, in violation of applicable international law, including those involving their recruitment and use, rape and sexual violence, killing and maiming, abductions and attacks on schools and hospitals and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged violations and abuses in order to hold perpetrators accountable and to ensure that those responsible for such violations and abuses are excluded from the security sector;

  • 23. Reiterates its demands that all parties protect and consider as victims those children who have been released or otherwise separated from armed forces and armed groups, and emphasizes the need to pay particular attention to the protection, release and reintegration of all children associated with armed forces and armed groups;

  • 24. Calls upon all parties to armed conflict in the CAR, including former Seleka and anti-Balaka elements to issue clear orders against sexual and genderbased violence, and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged abuses in order to hold perpetrators accountable, in line with its resolutions 1960 (2010) and 2106 (2013), and to facilitate immediate access for victims of sexual violence to available services;

  • 25. Reiterates its call upon all parties to armed conflict in the CAR to engage with the Special Representative on Children and Armed Conflict and the Special Representative on Sexual Violence in Conflict;

  • 26. Demands that transitional authorities as well as all militia groups and parties to the conflict, in particular the former Seleka, and the “anti-Balaka”, ensure the rapid, safe and unhindered access of humanitarian organizations and relief personnel and the timely delivery of humanitarian assistance to populations in need, while respecting the UN guiding principles of humanitarian assistance, including neutrality, impartiality, humanity and independence in the provision of humanitarian assistance;

  • 27. Expresses deep concern at the increasing numbers of internally displaced persons as a result of the ongoing violence, stresses the need to ensure that the basic needs of those persons are met, in particular access to water, food and shelters, and commends UN humanitarian agencies and partners for their efforts to provide urgent and coordinated support to the population in need in the CAR while also recognizing the need to augment assistance to address increasing needs;

  • 28. Calls upon Member States to respond swiftly to the United Nations’ humanitarian appeals to meet the urgent and increasing needs of people inside the CAR and refugees who have fled to neighbouring countries and encourages to this effect the swift implementation of humanitarian projects by UN humanitarian organizations and partners;

  • 29. Acting under Chapter VII of the Charter of the United Nations, decides as follows:

Sanctions

  • 30. Decides that, for an initial period of one year from the date of the adoption of this resolution, all Member States shall take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee established pursuant to paragraph 57 of resolution 2127 (2013), provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory;

  • 31. Decides that the measures imposed by paragraph 30 above shall not apply:

    • a) Where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation;

    • b) Where entry or transit is necessary for the fulfilment of a judicial process;

    • c) Where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in the CAR and stability in the region;

  • 32. Decides that all Member States shall, for an initial period of one year from the date of the adoption of this resolution, freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by the individuals or entities designated by the Committee established pursuant to paragraph 57 of resolution 2127, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, and decides further that all Member States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of the individuals or entities designated by the Committee;

  • 33. Decides that the measures imposed by paragraph 32 above do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States:

    • a) To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification;

    • b) To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State or Member States to the Committee and has been approved by the Committee; or

    • c) To be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant State or Member States to the Committee;

  • 34. Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 32 above of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen;

  • 35. Decides that the measures in paragraph 32 above shall not prevent a designated person or entity from making payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant States have determined that the payment is not directly or indirectly received by a person or entity designated pursuant to paragraph 32 above, and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization;

  • 36. Decides that the measures contained in paragraphs 30 and 32 shall apply to the individuals and entities designated by the Committee as engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or violate transitional agreements, or that threaten or impede the political transition process, including a transition toward free and fair democratic elections, or that fuel violence;

  • 37. Further decides in this regard that the measures contained in paragraphs 30 and 32 shall also apply to the individuals and entities designated by the Committee as:

    • a) acting in violation of the arms embargo established in paragraph 54 of resolution 2127 (2013), or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in CAR;

    • b) involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;

    • c) recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

    • d) providing support for armed groups or criminal networks through the illicit exploitation of natural resources, including diamonds and wildlife and wildlife products, in the CAR;

    • e) obstructing the delivery of humanitarian assistance to CAR, or access to, or distribution of, humanitarian assistance in CAR;

    • f) involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including BINUCA, MISCA, the European Union operation and the other forces who support them;

    • g) are leaders of, have provided support to, or acted for or on behalf of or at the direction of, an entity that the Committee has designated pursuant to this paragraph or paragraph 36 of this resolution;

  • 38. Expresses grave concern over reports that some CAR political figures have provided support and direction to anti-Balaka and Seleka groups planning violence and serious human rights violations and abuses against the civilian population of the CAR, demands that these figures and all others cease any such activities immediately, and directs the Committee to consider, as a matter of urgency, designating such figures for targeted sanctions if they engage in any of the activities set forth in paragraph 36 and 37 of this resolution;

  • 39. Urges CAR’s political figures – including senior officials in the previous Bozize and Djotodia administrations, such as Francois Bozize and Noureddine Adam – to call on their supporters to cease any and all attacks on civilians;

  • 40. Decides that the arms embargo established by paragraph 54 of resolution 2127 (2013) and the measures established by paragraph 55 shall be extended for a period of one year from the date of the adoption of this resolution and further decides that the measures established in paragraph 54 of resolution 2127 (2013) shall not apply to supplies intended solely for the support of or use by the European Union operation;

  • 41. Decides that the mandate of the Committee shall apply with respect to the measures imposed in this resolution and that the mandate of the Panel of Experts, established by paragraph 59 of resolution 2127 (2013), shall be extended for a period of one year from the date of the adoption of this resolution and will also include: to assist the Committee by providing information regarding designated individuals and entities, and individuals and entities that may meet the designation criteria in paragraphs 36 and 37 above, including by reporting such information to the Committee, as it becomes available, and to include in its formal written reports, the names of potential designees, appropriate identifying information, and relevant information regarding why the individual or entity may meet the designation criteria in paragraphs 36 and 37 above;

  • 42. Calls upon all Member States to report to the Committee within ninety days from the adoption of this resolution on the steps they have taken with a view to implementing effectively paragraph 54 of resolution 2127 and paragraphs 30 and 32 of this resolution;

Mandate for the European Union operation in the CAR

  • 43. Authorizes the European Union to deploy an operation in the CAR as referenced in the letter dated 21 January 2014 from the High Representative of the European Union (S/2014/45);

  • 44. Authorizes the EU operation to take all necessary measures within the limits of its capacities and areas of deployment from its initial deployment and for a period of six months from the declaration of its full operational capacity;

  • 45. Requests the European Union to report to the Council on the implementation of this mandate in the CAR and to coordinate its reporting with the reporting by the African Union referred to in paragraph 32 of resolution 2127;

  • 46. Calls upon Member States, including neighbouring countries of the CAR, to take appropriate measures to support the action of the European Union, in particular by facilitating the transfer to the CAR, without obstacles or delay, of all personnel, equipment, provisions, supplies or other goods, including vehicles and spare parts, intended for the European union operation;

  • 47. Invites the Transitional Authorities of the CAR to conclude a status of forces agreements as soon as possible for the establishment of the European Union operation;

  • 48. Emphasizes the need for all military forces in CAR, while carrying out their mandate, to act in full respect of the sovereignty, territorial integrity and unity of CAR and in full compliance with applicable international humanitarian law, human rights law and refugee law and recalls the importance of training in this regard;

  • 49. Requests the Secretary-General to report to the Security Council on the implementation of BINUCA’s mandate every 90 days after the adoption of this resolution;

  • 50. Decides to remain seized of the matter.

Op 30 januari 2014 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7107e zitting aangenomen Resolutie 2136 (2014) inzake de Democratische Republiek Congo. De Engelse tekst van de resolutie luidt:

Resolution 2136 (2014)
Adopted by the Security Council at its 7107th meeting, on 30 January 2014

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC),

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the DRC as well as all States in the region and emphasizing the need to respect fully the principles of non-interference, good neighbourliness and regional cooperation,

Stressing the primary responsibility of the Government of the DRC for ensuring security in its territory and protecting its civilians with respect for the rule of law, human rights and international humanitarian law,

Taking note of the interim report (S/2013/433) and the final report (S/2014/42) of the Group of Experts on the DRC (“the Group of Experts”) established pursuant to resolution 1771 (2007) and extended pursuant to resolutions 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021 (2011) and 2078 (2012) and of their recommendations,

Welcoming the declaration of the end of the 23 March Movement (M23), the corresponding declaration by the Government of DRC, and the signing in Nairobi on 12 December 2013 of the documents concluding the Kampala talks facilitated by Uganda as president of the International Conference of the Great Lakes Region (ICGLR), while stressing the importance of ensuring that the M23 does not regroup and resume military activities, in line with the Nairobi declarations and relevant United Nations Security Council Resolutions,

Reiterating its deep concern regarding the security and humanitarian crisis in eastern DRC due to ongoing military activities of foreign and domestic armed groups, stressing the importance of neutralizing all armed groups, including the Democratic Forces for the Liberation of Rwanda (FDLR), the Allied Democratic Forces (ADF), the Lord’s Resistance Army (LRA), and various Mayi Mayi groups, in line with resolution 2098 (2013),

Reiterating its strong condemnation of any and all internal or external support to armed groups active in the region, including through financial, logistical and military support,

Condemning the illicit flow of weapons within and into the DRC in violation of resolutions 1533 (2004), 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021 (2011) and 2078 (2012), and declaring its determination to continue to monitor closely the implementation of the arms embargo and other measures set out by its resolutions concerning the DRC,

Acknowledging in this respect the important contribution the Councilmandated arms embargo makes to countering the illicit transfer of small arms and light weapons in the DRC, and in supporting post-conflict peacebuilding, disarmament, demobilization and reintegration and security sector reform,

Recalling the linkage between the illegal exploitation of natural resources, including poaching and illegal trafficking of wildlife, illicit trade in such resources, and the proliferation and trafficking of arms as one of the major factors fuelling and exacerbating conflicts in the Great Lakes region of Africa, and encouraging the continuation of the regional efforts of the ICGLR and the governments involved against the illegal exploitation of natural resources, and stressing, in this regard, the importance of regional cooperation and deepening economic integration with special consideration for the exploitation of natural resources,

Noting with great concern the persistence of serious human rights abuses and humanitarian law violations against civilians in the eastern part of the DRC, including summary executions, sexual and gender based violence and large scale recruitment and use of children committed by armed groups,

Noting with deep concern reports and allegations indicating the persistence of serious human rights and international humanitarian law violations committed by Congolese armed forces (FARDC), including those committed with impunity,

Noting with deep concern reports indicating FARDC collaboration with the FDLR at a local level, recalling that the FDLR is a group under United Nations sanctions whose leaders and members include perpetrators of the 1994 genocide against the Tutsi in Rwanda, during which Hutu and others who opposed the genocide were also killed, and have continued to promote and commit ethnically based and other killings in Rwanda and in the DRC, and stressing the importance of permanently addressing this threat,

Calling for all those responsible for violations of international humanitarian law and violations or abuses of human rights, as applicable, including those involving violence or abuses against children and acts of sexual and gender-based violence, to be swiftly apprehended, brought to justice and held accountable,

Welcoming the efforts of the United Nations Secretary-General as well as of the ICGLR, the Southern African Development Community (SADC) and the African Union (AU), to restore peace and security in eastern DRC,

Welcoming the signing in Addis Ababa on 24 February 2013 of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region (“the PSC Framework”) and the nomination of Special Envoy Mary Robinson, and reiterating the need for all signatories to fulfil promptly, fully and in good faith their respective commitments,

Taking note of the Declaration of the Summit of the Heads of State and Government of the ICGLR on the Promotion of Peace, Security, Stability and Development in the Great Lakes Region held in Luanda on 15 January 2014,

Recalling all its relevant resolutions on women and peace and security, on children and armed conflict, and on the protection of civilians in armed conflicts,

Calling on all parties to cooperate fully with the United Nations Organization Stabilization Mission in the DRC (MONUSCO), reiterating its condemnation of any attacks against peacekeepers, and emphasizing that those responsible for such attacks must be brought to justice,

Determining that the situation in the DRC continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Decides to renew until 1 February 2015 the measures on arms imposed by paragraph 1 of resolution 1807 (2008) and reaffirms the provisions of paragraphs 2, 3 and 5 of that resolution and further decides that the measures on arms imposed by paragraph 1 of resolution 1807 (2008) shall not apply to the supply of arms and related material, as well as assistance, advice or training, intended solely for the support of or use by the African Union-Regional Task Force;

  • 2. Decides to renew, for the period specified in paragraph 1 above, the measures on transport imposed by paragraphs 6 and 8 of resolution 1807 (2008) and reaffirms the provisions of paragraph 7 of that resolution;

  • 3. Decides to renew, for the period specified in paragraph 1 above, the financial and travel measures imposed by paragraphs 9 and 11 of resolution 1807 (2008) and reaffirms the provisions of paragraphs 10 and 12 of that resolution regarding the individuals and entities referred to in paragraph 4 of resolution 1857 (2008) and reaffirms the provisions of paragraphs 10 and 12 of resolution 1807 (2008) in relation to those measures;

  • 4. Decides that the measures referred to in paragraph 3 above shall apply to the following individuals, and, as appropriate, entities, as designated by the Committee:

    • a) Individuals or entities acting in violation of the measures taken by Member States in accordance with paragraph 1 above;

    • b) Political and military leaders of foreign armed groups operating in the Democratic Republic of the Congo who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups;

    • c) Political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes;

    • d) Individuals or entities operating in the DRC and recruiting or using children in armed conflict in violation of applicable international law;

    • e) Individuals or entities operating in the DRC and involved in planning, directing, or participating in the targeting of children or women in situations of armed conflict, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals;

    • f) Individuals or entities obstructing the access to or the distribution of humanitarian assistance in the DRC;

    • g) Individuals or entities supporting armed groups in the DRC through illicit trade of natural resources, including gold or wildlife as well as wildlife products;

    • h) Individuals or entities acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity;

    • i) Individuals or entities who plan, direct, sponsor or participate in attacks against MONUSCO peacekeepers;

    • j) Individuals or entities providing financial, material, or technological support for, or goods or services to, or in support of a designated individual or entity;

  • 5. Requests the Secretary-General to extend, for a period expiring on 1 February 2015, the Group of Experts established pursuant to resolution 1533 (2004) and renewed by subsequent resolutions and requests the Group of Experts to fulfil its mandate as set out in paragraph 18 of resolution 1807 (2008) and expanded by paragraphs 9 and 10 of resolution 1857 (2008), and to present to the Council, through the Committee, a written mid-term report by 28 June 2014, and a written final report before 16 January 2015, welcomes the practice of receiving additional updates from the Group of Experts as appropriate, and further requests that, after a discussion with the Committee, the Group of Experts submit to the Council its final report upon termination of the Group’s mandate;

  • 6. Strongly condemns all armed groups operating in the region and their violations of international humanitarian law as well as other applicable international law, and abuses of human rights including attacks on the civilian population, MONUSCO peacekeepers and humanitarian actors, summary executions, sexual and gender based violence and large scale recruitment and use of children, and reiterates that those responsible will be held accountable;

  • 7. Demands that the Democratic Forces for the Liberation of Rwanda (FDLR), the Allied Democratic Forces (ADF), the Lord’s Resistance Army (LRA) and various Mayi Mayi groups cease immediately all forms of violence and other destabilizing activities and that their members immediately and permanently disband, lay down their arms and demobilize children from their ranks;

  • 8. Calls upon all States, especially those in the region, to take effective steps to ensure that there is no support, in and from their territories, for the armed groups in the eastern part of the DRC, welcoming the positive international developments in regard to addressing the risks posed by armed group leaders in the diasporas, and calls upon all States to take steps, where appropriate, against leaders of the FDLR and other armed groups residing in their countries;

  • 9. Demands that the Government of the DRC, per its commitments in the Nairobi Declarations of 12 December 2013, accelerate the implementation of its Disarmament, Demobilisation and Reintegration programme, in coordination with the United Nations, international organizations and neighbouring countries where former M23 combatants have found refuge, requests, in this respect, and in accordance with the Nairobi declarations and in line with commitments under the PSC Framework agreement, the United Nations and international organizations to work together with neighbouring states to urgently address the situation of former M23 combatants located in their territories, and stresses the importance of ensuring that the M23 does not regroup and resume military activities, in line with the Nairobi declarations and relevant United Nations Security Council Resolutions;

  • 10. Welcomes the progress made to date by the Government of the DRC on ending the use of children in armed conflict and urges the Government of the DRC to follow through on its commitments made in the action plan signed with the United Nations detailing concrete, time-bound measures to release and reintegrate children associated with the Congolese armed forces and to prevent further recruitment, and for the protection of girls and boys from sexual violence;

  • 11. Stresses the importance of the Government of the DRC actively seeking to hold accountable those responsible for war crimes and crimes against humanity in the country and of regional cooperation to this end, including through its ongoing cooperation with the International Criminal Court, encourages MONUSCO to use its existing authority to assist the government of the DRC in this regard, and calls on all signatories of the PSC Framework Agreement to continue to implement their commitments and cooperate fully with one another and the Government of the DRC, as well as MONUSCO to this end;

  • 12. Recalling that there should be no impunity for any of those responsible for violations of international humanitarian law and violations and abuses of human rights in the DRC and the region, and, in this regard, urging the DRC, all countries in the region and other concerned United Nations Member States to bring perpetrators to justice and hold them accountable;

  • 13. Decides that the measures imposed by paragraph 9 of resolution 1807 (2008) shall not apply as per the criteria set out in paragraph 10 of resolution 2078;

  • 14. Reiterates its support to the Expanded Joint Verification Mechanism (EJVM), and welcomes the decision of the ICGLR to grant permanent representation of MONUSCO in the EJVM;

  • 15. Calls on the Government of the DRC to enhance stockpile security, accountability and management of arms and ammunition, with the assistance of international partners, to address urgently reports of diversion to armed groups, as necessary and requested, and to urgently implement a national weapons marking program, in particular for state-owned firearms, in line with the standards established by the Nairobi Protocol and the Regional Centre on Small Arms;

  • 16. Recalls the mandate of MONUSCO to monitor the implementation of the arms embargo, in cooperation with the Group of Experts, and in particular to observe and report on flows of military personnel, arms or related materiel across the eastern border of the DRC, including by using surveillance capabilities provided by unmanned aerial systems, seize, collect and dispose of arms or related materials whose presence in the DRC violates the measures imposed by paragraph 1 of resolution 2078 (2012), in accordance with paragraph 12 (c) of paragraph 2098 (2013);

  • 17. Requests MONUSCO to assist the Committee established pursuant to paragraph 8 of resolution 1533 (2004) and the Group of Experts established by the same resolution, within its capabilities, including by passing information relevant to the implementation of the sanctions measures;

  • 18. Emphasizes the primary responsibility of the Government of the DRC to reinforce State authority and governance in eastern DRC, including through effective security sector reform to allow army, police and justice sector reform, and to end impunity for violations and abuses of human rights and violations of international humanitarian law, urges the Government of the DRC to increase efforts in this regard, in accordance with its national commitments under the PSC framework and further encourages the continuation of efforts by the Government of the DRC to address issues of illegal exploitation and smuggling of natural resources;

  • 19. Welcomes in this regard the measures taken by the Congolese Government to implement the due diligence guidelines on the supply chain of minerals, as defined by the Group of Experts and the Organization for Economic Cooperation and Development, and calls on all States to assist the DRC, the ICGLR and the countries in the Great Lakes region in the implementation of the guidelines;

  • 20. Welcomes measures taken by the Governments in the region, in particular Rwanda and the DRC, to implement the due diligence guidelines, including adopting the Regional Certification Mechanism (RCM) of the ICGLR into their national legislation, in accordance with OECD Guidance and international practice, and requests the extension of the certification process to other Member States in the region as recommended by the Luanda Declaration of 15 January 2014;

  • 21. Encourages a swift response by the ICGLR to put in place the necessary technical capacity required to support Member States in their fight against the illegal exploitation of natural resources, and further encourages the ICGLR to take immediate actions to fully implement the mineral certification process;

  • 22. Encourages all States, particularly those in the region, to continue to raise awareness of the Group of Experts due diligence guidelines, and to continue efforts to end mineral smuggling, in particular in the gold sector as part of broader efforts to mitigate the risk of further financing armed groups and criminal networks within the FARDC;

  • 23. Reaffirms the provisions of paragraphs 6 to 13 of resolution 1952 (2010) and requests the Group of Experts to continue to study the impact of due diligence;

  • 24. Reaffirms the provisions of paragraphs 7 to 9 of resolution 2021 (2011) and reiterates its call to the DRC and States in the Great Lakes region to require their customs authorities to strengthen their control on exports and imports of minerals from the DRC, and to cooperate at the regional level to investigate and combat regional criminal networks and armed groups involved in the illegal exploitation of natural resources, including wildlife poaching and trafficking;

  • 25. Recalls the mandate of MONUSCO to support the Congolese authorities in the implementation of their national commitments under the PSC Framework agreement, in line with resolution 2098 (2013), and notes that MONUSCO should play a role in preventing the provision of support to armed groups from illicit activities, including production and trade in natural resources, notably by carrying out spot checks and regular visits to mining sites, trade routes and markets, in the vicinity of the five pilot trading counters;

  • 26. Expresses its full support to the United Nations Group of Experts of the 1533 Committee and calls for enhanced cooperation between all States, particularly those in the region, MONUSCO and the Group of Experts, encourages further that all parties and all States ensure cooperation with the Group of Experts by individuals and entities within their jurisdiction or under their control and reiterates its demand that all parties and all States ensure the safety of its members and its support staff, and that all parties and all States, including the DRC and countries of the region, provide unhindered and immediate access, in particular to persons, documents and sites the Group of Experts deems relevant to the execution of its mandate;

  • 27. Calls upon the Group of Experts to cooperate actively with other relevant panels of experts, in particular that on Côte d’Ivoire re-established by paragraph 13 of resolution 1980 (2011) with respect to natural resources, and that on Somalia re established by paragraph 27 of resolution 2111 (2013) with respect to the activities of the ADF and Al Shabaab;

  • 28. Calls upon all States, particularly those in the region and those in which individuals and entities designated pursuant to paragraph 3 of this resolution are based, to regularly report to the Committee on the actions they have taken to implement the measures imposed by paragraphs 1, 2, and 3 and recommended in paragraph 8 of resolution 1952 (2010);

  • 29. Decides that, when appropriate and no later than 1 February 2015, it shall review the measures set forth in this resolution, with a view to adjusting them, as appropriate, in light of the security situation in the DRC, in particular progress in security sector reform including the integration of the armed forces and the reform of the national police, and in disarming, demobilizing, repatriating, resettling and reintegrating, as appropriate, Congolese and foreign armed groups, with a particular focus on children among them;

  • 30. Decides to remain actively seized of the matter.

Op 26 februari 2014 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7119e zitting aangenomen Resolutie 2140 (2014) inzake het Midden Oosten. De Engelse tekst van de resolutie luidt:

Resolution 2140 (2014)
Adopted by the Security Council at its 7119th meeting, on 26 February 2014

The Security Council,

Recalling its resolution 2014 (2011), 2051 (2012) and presidential statement of 15 February 2013,

Reaffirming its strong commitment to the unity, sovereignty, independence and territorial integrity of Yemen,

Commending the engagement of the Gulf Cooperation Council (GCC) in assisting the political transition in Yemen,

Welcoming the outcomes of the comprehensive National Dialogue Conference, signed by all political parties, and whose decisions provide a road map for a continued Yemeni led democratic transition underpinned by a commitment to democracy, good governance, rule of law, national reconciliation, and respect for the human rights and fundamental freedoms of all the people of Yemen,

Commending those who have facilitated the outcome of the comprehensive National Dialogue Conference through their constructive participation, in particular the leadership of President Abd Rabbo Mansour Hadi,

Expressing concern at the ongoing political, security, economic and humanitarian challenges in Yemen, including the ongoing violence,

Recalling the listing of Al-Qaida in the Arabian Peninsula (AQAP) and associated individuals on the Al-Qaida sanctions list established by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011) and stressing in this regard the need for robust implementation of the measures in paragraph 1 of resolution 2083 as a significant tool in combating terrorist activity in Yemen,

Condemning all terrorist activities, attacks against civilians, oil, gas and electricity infrastructure and against the legitimate authorities, including those aimed at undermining the political process in Yemen,

Further condemning attacks against military and security facilities, in particular the attack on the Ministry of Defence on 5 December 2013 and the 13 February attack of the Ministry of Interior Prison, stressing the need for the Yemeni Government to efficiently continue reforms of the Armed Forces and in the security sector,

Reaffirming its resolution 2133 and calling upon all member states to prevent terrorists from benefiting directly or indirectly from ransom payments or from political concessions and to secure the safe release of hostages,

Noting the formidable economic, security and social challenges confronting Yemen, which have left many Yemenis in acute need of humanitarian assistance, reaffirming its support to the Yemeni government to safeguard security, promote social and economic development, and put forward political, economic, and security reforms, and welcoming the work of the Mutual Accountability Framework Executive Bureau, the World Bank, and the International Monetary Fund (IMF) in their support to the Government of Yemen on economic reform,

Stressing that the best solution to the situation in Yemen is through a peaceful, inclusive, orderly and Yemeni-led political transition process that meets the legitimate demands and aspirations of the Yemeni people for peaceful change and meaningful political, economic and social reform, as set out in the GCC Initiative and Implementation Mechanism and the outcomes of the comprehensive National Dialogue Conference, welcoming Yemen’s efforts to strengthen women’s participation in political and public life, including through measures to ensure at least 30 per cent women candidates for national legislative elections and elected councils,

Further recalling its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012) on Children and Armed Conflict and its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013) on Women, Peace and Security,

Recognizing that the transition process requires turning the page from the presidency of Ali Abdullah Saleh, and welcoming the involvement and cooperation of all stakeholders in Yemen, including groups that were not party to the GCC Initiative and its Implementation Mechanism,

Reiterating the need for comprehensive, independent and impartial investigations consistent with international standards into alleged human rights violations and abuses in line with the outcomes of the comprehensive National Dialogue Conference, the GCC Initiative, and the Implementation Mechanism, to ensure full accountability,

Recognizing the importance of governance reforms to the political transition in Yemen, noting in this regard the proposals in the National Dialogue Conference’s Good Governance Working Group report, including, among other things, prerequisites for candidates for Yemeni leadership positions and the disclosure of their financial assets,

Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in Yemen arising from the illicit transfer, destabilising accumulation and misuse of small arms and light weapons,

Emphasizing the need for continued progress in the implementation of the GCC Initiative and Implementation Mechanism to avoid further deterioration of the humanitarian and security situation in Yemen,

Noting with appreciation the work of the United Nations country team and agencies in Yemen,

Welcoming the efforts made by the Secretariat to expand and improve the roster of experts for the Security Council Subsidiary Organs Branch, bearing in mind the guidance provided by the Note of the President (S/2006/997),

Determining that the situation in Yemen constitutes a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Reaffirms the need for the full and timely implementation of the political transition following the comprehensive National Dialogue Conference, in line with the GCC Initiative and Implementation Mechanism, and in accordance with resolution 2014 (2011) and 2051 (2012), and with regard to the expectations of the Yemeni people;

Implementation of Political Transition

  • 2. Welcomes the recent progress made in the political transition of Yemen and expresses strong support for completing the next steps of the transition, in line with the Implementation Mechanism, including:

    • a) drafting a new constitution in Yemen;

    • b) electoral reform including the drafting and adoption of a new electoral law consistent with the new Constitution;

    • c) the holding of a referendum on the draft constitution, including suitable outreach;

    • d) state structure reform to prepare Yemen for the transition from a unitary to a federal state; and

    • e) timely general elections, after which the current term of President Hadi would end following the inauguration of the President elected under the new Constitution;

  • 3. Encourages all constituencies in the country, including the youth movements, women’s groups, in all regions in Yemen, to continue their active and constructive engagement in the political transition and to continue the spirit of consensus to implement the subsequent steps in the transition process and the recommendations of the National Dialogue Conference, and calls upon the Hiraak Southern movement, the Houthi movement and others to constructively partake and to reject the use of violence to achieve political aims;

  • 4. Welcomes the Yemeni Government’s plan to introduce an Asset Recovery Law, and supports international cooperation on this, including through the Deauville initiative;

  • 5. Expresses concern over use of the media to incite violence and frustrate the legitimate aspirations for peaceful change of the people of Yemen;

  • 6. Looks forward to steps by the Government of Yemen, towards the implementation of Republican Decree No. 140 of 2012, which establishes a committee to investigate allegations of violations of human rights in 2011 and which states that investigations shall be transparent and independent and adhere to international standards, in accordance with Human Rights Council resolution 19/29, and invites the Government of Yemen to provide soon a time frame for the early appointment of members of that committee;

  • 7. Expresses its concern that children continue to be recruited and used in violation of applicable international law by armed groups, and the Yemeni Government forces, and calls for continued national efforts to end and prevent the recruitment and use of children, including through the signing and implementation by the Yemeni Government of the action plan to halt and prevent the recruitment and use of children in the government forces of Yemen, in line with the Security Council resolutions 1612 (2005), 1882 (2009) and 1998 (2011), and urges armed groups to allow the United Nations personnel safe and unhindered access to territories under their control for monitoring and reporting purposes;

  • 8. Also looks forward to the early adoption of a law on transitional justice and national reconciliation that, while taking into account the recommendations of the National Dialogue Conference, is in accordance with the international obligations and commitments of Yemen and following best practices as appropriate;

  • 9. Calls on all parties to comply with their obligations under international law including applicable international humanitarian law and human rights law;

Further Measures

  • 10. Emphasizes that the transition agreed upon by the parties to the GCC Initiative and Implementation Mechanism Agreement has not yet been fully achieved and calls upon all Yemenis to fully respect the implementation of the political transition and adhere to the values of the Implementation Mechanism Agreement;

  • 11. Decides that all Member States shall, for an initial period of one year from the date of the adoption of this resolution, freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by the individuals or entities designated by the Committee established pursuant to paragraph 19 below, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, and decides further that all Member States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of the individuals or entities designated by the Committee;

  • 12. Decides that the measures imposed by paragraph 11 above do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States:

    • a) To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification;

    • b) To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State or Member States to the Committee and has been approved by the Committee;

    • c) To be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant State or Member States to the Committee;

  • 13. Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 11 above of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen;

  • 14. Decides that the measures in paragraph 11 above shall not prevent a designated person or entity from making payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant States have determined that the payment is not directly or indirectly received by a person or entity designated pursuant to paragraph 11 above, and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization;

Travel ban

  • 15. Decides that, for an initial period of one year from the date of the adoption of this resolution, all Member States shall take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee established pursuant to paragraph 19 below, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory;

  • 16. Decides that the measures imposed by paragraph 15 above shall not apply:

    • a) Where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation;

    • b) Where entry or transit is necessary for the fulfilment of a judicial process;

    • c) Where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in Yemen; and

    • d) Where a State determines on a case-by-case basis that such entry or transit is required to advance peace and stability in Yemen and the States subsequently notifies the Committee within forty-eight hours after making such a determination;

Designation Criteria

  • 17. Decides that the provisions of paragraphs 11 and 15 shall apply to individuals or entities designated by the Committee as engaging in or providing support for acts that threaten the peace, security or stability of Yemen;

  • 18. Underscores that such acts as described in paragraph 17 above may include, but are not limited to:

    • a) Obstructing or undermining the successful completion of the political transition, as outlined in the GCC Initiative and Implementation Mechanism Agreement;

    • b) Impeding the implementation of the outcomes of the final report of the comprehensive National Dialogue Conference through violence, or attacks on essential infrastructure; or

    • c) Planning, directing, or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in Yemen;

Sanctions Committee

  • 19. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein “the Committee”), to undertake to following tasks:

    • a) To monitor implementation of the measures imposed in paragraph 11 and 15 above with a view to strengthening, facilitating and improving implementation of these measures by Member States;

    • b) To seek and review information regarding those individuals and entities who may be engaging in the acts described in paragraph 17 and 18 above;

    • c) To designate individuals and entities to be subject to the measures imposed in paragraphs 11 and 15 above;

    • d) To establish such guidelines as may be necessary to facilitate the implementation of the measures imposed above;

    • e) To report within 60 days to the Security Council on its work and thereafter to report as deemed necessary by the Committee;

    • f) To encourage a dialogue between the Committee and interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures;

    • g) To seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed;

    • h) To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in paragraphs 11 and 15;

  • 20. Directs the Committee to cooperate with other relevant Security Council Sanctions Committees, in particular the Committee pursuant to resolutions 1267 (1999) and 1989 (2011) concerning Al-Qaida and Associated Individuals and Entities;

Reporting

  • 21. Requests the Secretary-General to create for an initial period of 13 months, in consultation with the Committee, and to make the necessary financial and security arrangements to support the work of the Panel, a group of up to four experts (“Panel of Experts”), under the direction of the Committee to carry out the following tasks:

    • a) Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee at any time with information relevant to the potential designation at a later stage of individuals and entities who may be engaging in the activities described in paragraph 17 and 18 above;

    • b) Gather, examine and analyse information from States, relevant United Nations bodies, regional organisations and other interested parties regarding the implementation of the measures decided in this resolution, in particular incidents of undermining the political transition;

    • c) Provide to the Council, after discussion with the Committee, an update no later than 25 June 2014, an interim report by 25 September 2014, and a final report no later than 25 February 2015; and

    • d) To assist the Committee in refining and updating information on the list of individuals subject to measures imposed pursuant to paragraphs 11 and 15 of this resolution, including through the provision of identifying information and additional information for the publicly-available narrative summary of reasons for listing;

  • 22. Directs the Panel to cooperate with other relevant expert groups established by the Security Council to support the work of its Sanctions Committees, in particular the Analytical Support and Sanctions Monitoring Team established by resolution 1526 (2004);

  • 23. Urges all parties and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of experts and further urges all Member States involved to ensure the safety of the members of the Panel of experts and unhindered access, in particular to persons, documents and sites in order for the Panel of experts to execute its mandate;

Commitment to Review

  • 24. Affirms that it shall keep the situation in Yemen under continuous review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including the strengthening, modification, suspension or lifting of the measures, as may be needed at any time in light of developments;

Economic Reform and Development Assistance to Support the Transition

  • 25. Calls upon donors and regional organisations to fully disburse the pledges made at the Riyadh Donor conference in September 2012 to fund the priorities set out in the Mutual Accountability Framework agreed in Riyadh; and encourages donors with undisbursed pledges to work closely with the Executive Bureau to identify priority projects for support, taking into account the security conditions on the ground;

  • 26. Emphasizes the importance of Government of National Unity taking action to implement the urgent policy reforms set out in the Mutual Accountability Framework; and encourages donors to provide technical assistance to help drive forward these reforms, including through the Executive Bureau;

  • 27. Expresses its concern over reported serious human rights abuses and violence against civilians in both the Northern and Southern Governorates, including Al Dhale’e Governorate, urges all parties involved to end the conflicts and comply with their obligations under applicable international humanitarian and human rights law, and stresses the need for parties to take all required measures to avoid civilian casualties, respect and protect the civilian population;

  • 28. Encourages the international community to continue providing humanitarian assistance to Yemen and calls for the full funding of the 2014 Strategic Response Plan for Yemen, and in this regard requests all parties in Yemen to facilitate safe and unhindered humanitarian access to ensure the delivery of assistance to all populations in need and calls on all parties to take necessary steps to ensure the safety and security of humanitarian personnel and of the United Nations and its associated personnel and their assets;

  • 29. Condemns the growing number of attacks carried out or sponsored by Al-Qaida in the Arabian Peninsula, and expresses its determination to address this threat in accordance with the Charter of the United Nations and international law including applicable human rights, refugee and humanitarian law, and in this regard, through the Al-Qaida sanctions regime administered by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011) and reiterates its readiness, under the above-mentioned regime, to sanction further individuals, groups, undertakings and entities who do not cut off all ties to Al-Qaida and associated groups;

  • 30. Calls for continued national efforts to address the threat posed by all weapons, including explosive weapons and small arms and light weapons, to stability and security in Yemen, including inter alia through ensuring the safe and effective management, storage and security of their stockpiles of small arms and light weapons and explosive weapons, and the collection and/or destruction of explosive remnants of war and surplus, seized, unmarked, or illicitly held weapons and ammunition, and further stresses the importance of incorporating such elements into security sector reform;

  • 31. Acknowledges the serious economic, political and security obstacles facing refugees and internally displaced persons in Yemen who wish to return to their homes after years of conflict, and supports and encourages the efforts of the Government of Yemen and the international community to facilitate their return;

United Nations involvement

  • 32. Requests the Secretary-General to continue his good offices role, notes with appreciation the work Special Adviser, Jamal Benomar, stresses the importance of their close co-ordination with international partners, including the GCC, Group of Ambassadors, and other actors, in order to contribute to the successful transition, and in this regard further requests the Secretary-General to continue to coordinate assistance from the international community in support of the transition;

  • 33. Requests the Secretary-General to continue to report on developments in Yemen, including on the implementation of the outcome of the comprehensive National Dialogue Conference every 60 days;

  • 34. Decides to remain actively seized of the matter.

Op 5 maart 2014 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7127e zitting aangenomen Resolutie 2142 (2014) inzake Somalië. De Engelse tekst van de resolutie luidt:

Resolution 2142 (2014)
Adopted by the Security Council at its 7127th meeting, on 5 March 2014

The Security Council,

Recalling its previous statements and resolutions on the situation in Somalia, in particular its resolutions 2036 (2012), 2093 (2013), and 2111 (2013),

Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia,

Noting the Federal Government of Somalia’s 6 February 2014 letter to the Security Council, welcoming the new information it provides as well as noting its shortcomings, further noting the National Security Adviser to the Federal Government of Somalia’s 20 February letter to the Chair of the Committee, and encouraging it to continue to submit appropriately detailed information to the Security Council,

Welcoming the measures taken by the Federal Government of Somalia to manage better its weapons and ammunition, and looking forward to the Federal Government of Somalia taking further steps to improve its weapons management further,

Underlining the imperative need for the Federal Government of Somalia to improve its compliance with its requirements under the partial suspension of the arms embargo,

Taking note of the Somalia and Eritrea Monitoring Group’s (SEMG) 6 February 2014 report on compliance by the Federal Government of Somalia with its requirements under the terms of the partial suspension of the arms embargo on the Federal Government of Somalia,

Condemning flows of weapons and ammunition supplies to and through Somalia in violation of the arms embargo on Somalia, as well as the destabilizing accumulation and misuse of such weapons, as a serious threat to peace and stability in the region,

Expressing serious concern that the requirements under the suspension of the arms embargo as set out in resolution 2093 (2013) and 2111 (2013) have not been fully met,

Noting with concern the SEMG’s reports of diversions of arms and ammunition, including to Al-Shabaab, which has been cited as a potential recipient of diverted arms and ammunition, and further noting that, pursuant to paragraph 7 of resolution 1844 (2008), all Member States are required to take the necessary measures to prevent the direct or indirect supply, sale or transfer of weapons and military equipment to designated individuals and entities, which includes Al-Shabaab,

Stressing that any decision to continue or end the partial suspension of the arms embargo on the Federal Government of Somalia will be taken in the light of the thoroughness of the Federal Government of Somalia’s implementation of its requirements as set out in this and other relevant Security Council resolutions,

Noting the request of the Federal Government of Somalia for assistance in weapons management, and encouraging relevant international actors, including the United Nations, to support the Federal Government of Somalia in managing weapons and military equipment in an effective manner,

Reiterating the need for all Member States to respect and implement, in accordance with relevant Security Council resolutions, their obligations with respect to preventing unauthorized deliveries of weapons and military equipment to Somalia and to prevent the direct or indirect import of charcoal from Somalia in violation of the relevant Security Council resolutions,

Recalling the Informal Working Group on General issues of Sanctions report (S/2006/997) on best practices and methods, including paragraphs 21, 22 and 23 that discuss possible steps for clarifying methodological standards for monitoring mechanisms,

Determining that the situation in Somalia continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Reaffirms the arms embargo on Somalia, imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon in paragraphs 1 and 2 of resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 (2013) and paragraphs 4 to 17 of resolution 2111 (2013);

  • 2. Decides that until 25 October 2014 the arms embargo on Somalia shall not apply to deliveries of weapons, ammunition or military equipment or the provision of advice, assistance or training, intended solely for the development of the Security Forces of the Federal Government of Somalia, to provide security for the Somali people, except in relation to deliveries of the items set out in the annex of resolution 2111 (2013);

  • 3. Decides that the Federal Government of Somalia has the primary responsibility to notify the Committee established pursuant to resolutions 751 (1992) and 1907 (2009) (the Committee) for its information at least five days in advance of any deliveries of weapons, ammunition or military equipment or the provision of advice, assistance or training to its Security Forces, as permitted in paragraph 2 of this resolution, as well as for the exemption procedure for those items set out in the annex of resolution 2111 (2013), as provided for by paragraph 7 of resolution 2111 (2013);

  • 4. Decides that the Member State, international, regional or subregional organisation delivering assistance may, in the alternative, make the notification referred to in paragraph 3 in consultation with the Federal Government of Somalia;

  • 5. Decides that all such notifications concerning the provision of weapons or military equipment to the Committee shall include: details of the manufacturer and supplier of the arms and ammunition, a description of the arms and ammunition including the type, calibre and quantity, proposed date and place of delivery, and all relevant information concerning the intended destination unit in the Somali National Security Forces, or the intended place of storage;

  • 6. Further decides that, no later than 30 days after the delivery of arms or ammunition, the Federal Government of Somalia shall submit to the Committee a written confirmation of the completion of the delivery, including the serial numbers for the arms and ammunition delivered, shipping information, bill of lading, cargo manifests or packing lists, and the specific place of storage, and recognizes the value of the supplying Member State, international, regional or subregional organization doing the same, in cooperation with the Federal Government of Somalia;

  • 7. Further decides that within five days of the distribution of imported arms or ammunition, the Federal Government of Somalia shall inform the Committee in writing of the destination unit in the Somali National Security Forces or the place of storage;

  • 8. Reiterates that weapons or military equipment sold or supplied solely for the development of the Security Forces of the Federal Government of Somalia may not be resold to, transferred to, or made available for use by, any individual or entity not in the service of the Security Forces of the Federal Government of Somalia, and underlines the responsibility of the Federal Government of Somalia to ensure the safe and effective management, storage and security of their stockpiles;

  • 9. Requests the Federal Government of Somalia to report to the Security Council by 13 June 2014 and again by 13 September 2014 on:

    • a) The structure, strength and composition (including the status of allied militia) of the Security Forces of the Federal Government of Somalia, including the names of current commanders, the locations of the headquarters, and the status of militias;

    • b) The infrastructure in place to ensure the safe storage, registration, maintenance and distribution of military equipment by the Security Forces of the Federal Government of Somalia, including details of all available armouries and storerooms, their location, storage capacity, staffing capacity, arms and ammunition management systems and status of use;

    • c) The procedures and codes of conduct in place for the registration, distribution, use and storage of weapons by the Security Forces of the Federal Government of Somalia, and on training needs in this regard, including procedures for receipt, verification and recording of weapons imports through any Federal Government controlled port of entry, procedures for the transport of weapons and ammunition with the Security Forces of the Federal Government of Somalia, and the current systems of logging and auditing in the Security Forces of the Federal Government of Somalia;

  • 10. Requests the Secretary-General to provide options and recommendations, within 30 days, on United Nations (including UNSOM) and other technical assistance to the Federal Government of Somalia in:

    • a) Complying with its requirements as set out in paragraphs 3 to 7 of this resolution and with the requests set out in paragraph 9 of this resolution;

    • b) Assisting in improving its capacities in the safe and transparent storage, distribution and management of weapons and military equipment, including in monitoring and verification;

  • 11. Urges the Federal Government of Somalia, all other parties and States, as well as international, regional and subregional organizations, including AMISOM, to ensure cooperation with the Monitoring Group, and ensure the safety of the members of the Monitoring Group, unhindered access, in particular to persons, documents and sites the Monitoring Group deems relevant to the execution of its mandate;

  • 12. Requests the SEMG to provide the Federal Government of Somalia feedback on its reporting to the Committee and to keep the Security Council regularly informed on compliance by the Federal Government of Somalia with this and other relevant Council resolutions;

  • 13. Decides to remain actively seized of the matter.

Op 19 maart 2014 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7142e zitting aangenomen Resolutie 2146 (2014) inzake Libië. De Engelse tekst van de resolutie luidt:

Resolution 2146 (2014)
Adopted by the Security Council at its 7142nd meeting, on 19 March 2014

The Security Council,

Recalling its resolutions 1970 (2011) of 26 February 2011, 1973 (2011) of 17 March 2011, 2009 (2011) of 16 September 2011, 2016 (2011) of 27 October 2011, 2017 (2011) of 31 October 2011, 2022 (2011) of 2 December 2011, 2040 of 12 March (2012), 2095 of 14 March (2013), and 2144 (2014), as well as the Statement of its President (S/PRST/2013/21) of 16 December 2013,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean,

Underlining the primary responsibility of the Libyan authorities in taking appropriate action to prevent the illicit export of crude oil from Libya, and reaffirming the importance of international support for Libyan sovereignty over its territory and resources,

Noting the letter of 10 March 2014 from the Libyan Government to the President of the Security Council and expressing concern that the illicit export of crude oil from Libya undermines the Government of Libya and poses a threat to the peace, security and stability of Libya,

Expressing support to efforts by the Libyan government to resolve peacefully the disruptions of Libya’s energy exports and re-iterating that control of all facilities should be transferred back to the proper authorities, supporting the Libyan government’s intention to address border security issues, including the implementation of the Tripoli Action Plan, and noting the importance of the European Union Border Assistance Mission to Libya to strengthen Libyan border management,

Determining that the situation in Libya continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

  • 1. Condemns attempts to illicitly export crude oil from Libya;

  • 2. Calls on the Government of Libya, on the basis of any information regarding such exports or attempted exports, to expeditiously contact the concerned vessel’s flag state, in the first instance, to resolve the issue;

  • 3. Requests the Government of Libya to appoint and notify the Committee established pursuant to resolution 1970 (2011) of a focal point responsible for communication with the Committee with respect to the measures in this resolution, and requests that the Government of Libya’s focal point inform the Committee of any vessels transporting crude oil illicitly exported from Libya, along with available and relevant information, and of any efforts made in accordance with paragraph 2;

  • 4. Directs the Committee to immediately inform all relevant Member States about such notifications from the Government of Libya’s focal point;

  • 5. Authorizes Member States to inspect on the high seas vessels designated by the Committee pursuant to paragraph 11, and authorizes Member States to use all measures commensurate to the specific circumstances, in full compliance with international humanitarian law and international human rights law, as may be applicable, to carry out such inspections and direct the vessel to take appropriate actions to return the crude oil, with the consent of and in coordination with the Government of Libya, to Libya;

  • 6. Requests that Member States, before taking the measures authorized in paragraph 5, first seek the consent of the vessel’s flag State;

  • 7. Decides that any Member State that undertakes an inspection pursuant to paragraph 5 shall submit promptly a report to the Committee on the inspection containing relevant details, including efforts made to seek the consent of the vessel’s flag State;

  • 8. Affirms that the authorization provided by paragraph 5 of this resolution applies only with respect to inspections carried out by warships and ships owned or operated by a State and used only on government non-commercial service;

  • 9. Further affirms that the authorization provided by paragraph 5 of this resolution applies only with respect to vessels that are the subject of a designation made by the Committee pursuant to paragraph 11 and shall not affect the rights or obligations or responsibilities of Member States under international law, including rights or obligations under the United Nations Convention on the Law of the Sea, including the general principle of exclusive jurisdiction of a flag state over its vessels on the high seas, with respect to other vessels and in any other situation, and underscores in particular that this resolution shall not be considered as establishing customary international law;

  • 10. Decides to impose the following measures on vessels designated in accordance with paragraph 11:

    • a) The Flag State of a vessel designated by the Committee pursuant to paragraph 11 shall take the necessary measures to direct the vessel not to load, transport, or discharge such crude oil from Libya aboard the vessel, absent direction from the Government of Libya focal point;

    • b) All Member States shall take the necessary measures to prohibit vessels designated by the Committee pursuant to paragraph 11 from entering their ports, unless such entry is necessary for the purpose of an inspection, in the case of emergency or in the case of return to Libya;

    • c) All Member States shall take the necessary measures to prohibit the provision by their nationals or from their territory of bunkering services, such as provision of fuel or supplies, or other servicing of vessels, to vessels designated by the Committee pursuant to paragraph 11, unless provision of such services is necessary for humanitarian purposes, or in the case of return to Libya; in which case the Member State shall notify the Committee;

    • d) All Member States shall take the necessary measures to require their nationals and entities and individuals in their territory not to engage in any financial transactions with respect to such crude oil from Libya aboard vessels designated by the Committee pursuant to paragraph 11;

  • 11. Decides that the Committee may designate vessels for some or all of the measures in paragraph 10, on a case-by-case basis, for a period of ninety days, which may be renewed by the Committee;

  • 12. Decides that the Committee may decide to terminate the designation of a vessel at any time and may make exceptions to some or all of the measures in paragraph 10 as may be necessary and appropriate;

  • 13. Recalls the creation, pursuant to paragraph 24 of resolution 1973 (2011), of a Panel of Experts, under the direction of the Committee, to carry out the tasks provided for by that paragraph, decides that this mandate shall apply with respect to the measures imposed in this resolution, and directs the Panel of Experts to monitor implementation of the measures imposed in this resolution;

  • 14. Requests the Secretary-General, having due regard for the increased mandate of the Panel of Experts, increase the Panel to six members, and make the necessary financial and security arrangements to support the work of the Panel;

  • 15. Decides that the authorizations provided by and the measures imposed by this resolution shall terminate one year from the date of the adoption of this resolution, unless the Council decides to extend them;

  • 16. Decides to remain seized of the matter.

C. VERTALING

Voor de vertaling van het Handvest, zoals gewijzigd, zie Trb. 1987, 113.

D. PARLEMENT

Zie Trb. 1951, 44.

E. PARTIJGEGEVENS

Zie de rubrieken E en F van Trb. 1951, 44 en, laatstelijk, Trb. 2012, 200.

G. INWERKINGTREDING

Zie Trb. 1951, 44 en Trb. 2011, 57.

J. VERWIJZINGEN

Zie laatstelijk Trb. 2012, 200.

In overeenstemming met artikel 19, tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen heeft de Minister van Buitenlandse Zaken bepaald dat de resoluties zullen zijn bekendgemaakt in het gehele Koninkrijk op de dag na de datum van uitgifte van dit Tractatenblad.

Uitgegeven de tiende juni 2014.

De Minister van Buitenlandse Zaken, F.C.G.M. TIMMERMANS

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