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 14 augustus 2000 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4186e zitting aangenomen Resolutie 1315 onder meer ter onderhandeling van een overeenkomst tussen de Secretaris-Generaal van de Verenigde Naties en de regering van Sierra Leone tot het instellen van een onafhankelijk speciaal tribunaal. De Engelse tekst van deze Resolutie luidt:

Resolution 1315 (2000)

Adopted by the Security Council at its 4186th meeting,

on 14 August 2000

The Security Council:

Deeply concerned at the very serious crimes committed within the territory of Sierra Leone against the people of Sierra Leone and United Nations and associated personnel and at the prevailing situation of impunity,

Commending the efforts of the Government of Sierra Leone and the Economic Community of West African States (ECOWAS) to bring lasting peace to Sierra Leone,

Noting that the Heads of State and Government of ECOWAS agreed at the 23rd Summit of the Organization in Abuja on 28 and 29 May 2000 to dispatch a regional investigation of the resumption of hostilities,

Noting also the steps taken by the Government of Sierra Leone in creating a national truth and reconciliation process, as required by Article XXVI of the Lomé Peace Agreement (S/1999/777) to contribute to the promotion of the rule of law,

Recalling that the Special Representative of the Secretary-General appended to his signature of the Lomé Agreement a statement that the United Nations holds the understanding that the amnesty provisions of the Agreement shall not apply to international crimes of genocide, crimes against humanity, war crimes and other serious violations of international humanitarian law,

Reaffirming the importance of compliance with international humanitarian law, and reaffirming further that persons who commit or authorize serious violations of international humanitarian law are individually responsible and accountable for those violations and that the international community will exert every effort to bring those responsible to justice in accordance with international standards of justice, fairness and due process of law,

Recognizing that, in the particular circumstances of Sierra Leone, a credible system of justice and accountability for the very serious crimes committed there would end impunity and would contribute to the process of national reconciliation and to the restoration and maintenance of peace,

Taking note in this regard of the letter dated 12 June 2000 from the President of Sierra Leone to the Secretary-General and the Suggested Framework attached to it (S/2000/786, annex),

Recognizing further the desire of the Government of Sierra Leone for assistance from the United Nations in establishing a strong and credible court that will meet the objectives of bringing justice and ensuring lasting peace,

Noting the report of the Secretary-General of 31 July 2000 (S/2000/751) and, in particular, taking note with appreciation of the steps already taken by the Secretary-General in response to the request of the Government of Sierra Leone to assist it in establishing a special court,

Noting further the negative impact of the security situation on the administration of justice in Sierra Leone and the pressing need for international cooperation to assist in strengthening the judicial system of Sierra Leone,

Acknowledging the important contribution that can be made to this effort by qualified persons from West African States, the Commonwealth, other Member States of the United Nations and international organizations, to expedite the process of bringing justice and reconciliation to Sierra Leone and the region,

Reiterating that the situation in Sierra Leone continues to constitute a threat to international peace and security in the region,

1. Requests the Secretary-General to negotiate an agreement with the Government of Sierra Leone to create an independent special court consistent with this resolution, and expresses its readiness to take further steps expeditiously upon receiving and reviewing the report of the Secretary-General referred to in paragraph 6 below;

2. Recommends that the subject matter jurisdiction of the special court should include notably crimes against humanity, war crimes and other serious violations of international humanitarian law, as well as crimes under relevant Sierra Leonean law committed within the territory of Sierra Leone;

3. Recommends further that the special court should have personal jurisdiction over persons who bear the greatest responsibility for the commission of the crimes referred to in paragraph 2, including those leaders who, in committing such crimes, have threatened the establishment of and implementation of the peace process in Sierra Leone;

4. Emphasizes the importance of ensuring the impartiality, independence and credibility of the process, in particular with regard to the status of the judges and the prosecutors;

5. Requests, in this connection, that the Secretary-General, if necessary, send a team of experts to Sierra Leone as may be required to prepare the report referred to in paragraph 6 below;

6. Requests the Secretary-General to submit a report to the Security Council on the implementation of this resolution, in particular on his consultations and negotiations with the Government of Sierra Leone concerning the establishment of the special court, including recommendations, no later than 30 days from the date of this resolution;

7. Requests the Secretary-General to address in his report the questions of the temporal jurisdiction of the special court, an appeals process including the advisability, feasibility, and appropriateness of an appeals chamber in the special court or of sharing the Appeals Chamber of the International Criminal Tribunals for the Former Yugoslavia and Rwanda or other effective options, and a possible alternative host State, should it be necessary to convene the special court outside the seat of the court in Sierra Leone, if circumstances so require;

8. Requests the Secretary-General to include recommendations on the following:

  • a) any additional agreements that may be required for the provision of the international assistance which will be necessary for the establishment and functioning of the special court;

  • b) the level of participation, support and technical assistance of qualified persons from Member States of the United Nations, including in particular, member States of ECOWAS and the Commonwealth, and from the United Nations Mission in Sierra Leone that will be necessary for the efficient, independent and impartial functioning of the special court;

  • c) the amount of voluntary contributions, as appropriate, of funds, equipment and services to the special court, including through the offer of expert personnel that may be needed from States, intergovernmental organizations and non-governmental organizations;

  • d) whether the special court could receive, as necessary and feasible, expertise and advice from the International Criminal Tribunals for the Former Yugoslavia and Rwanda;

9. Decides to remain actively seized of the matter.

Op 16 januari 2002 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4452e zitting aangenomen Resolutie 1390 onder meer ter bevriezing van fondsen en andere financiële middelen van Osama bin Laden, Al-Qa'ida, de Taliban en andere daaraan verbonden personen en entiteiten. De Engelse tekst van deze Resolutie luidt:

Resolution 1390 (2002)

Adopted by the Security Council at its 4452nd meeting,

on 16 January 2002

The Security Council,

Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000 and 1363 (2001) of 30 July 2001,

Reaffirming its previous resolutions on Afghanistan, in particular resolutions 1378 (2001) of 14 November 2001 and 1383 (2001) of 6 December 2001,

Reaffirming also its resolutions 1368 (2001) of 12 September 2001 and 1373 (2001) of 28 September 2001, and reiterating its support for international efforts to root out terrorism, in accordance with the Charter of the United Nations,

Reaffirming its unequivocal condemnation of the terrorist attacks which took place in New York, Washington and Pennsylvania on 11 September 2001, expressing its determination to prevent all such acts, noting the continued activities of Usama bin Laden and the Al-Qaida network in supporting international terrorism, and expressing its determination to root out this network,

Noting the indictments of Usama bin Laden and his associates by the United States of America for, inter alia, the 7 August 1998 bombings of the United States embassies in Nairobi, Kenya and Dar es Salaam, Tanzania,

Determining that the Taliban have failed to respond to the demands in paragraph 13 of resolution 1214 (1998) of 8 December 1998, paragraph 2 of resolution 1267 (1999) and paragraphs 1, 2 and 3 of resolution 1333 (2000),

Condemning the Taliban for allowing Afghanistan to be used as a base for terrorists training and activities, including the export of terrorism by the Al-Qaida network and other terrorist groups as well as for using foreign mercenaries in hostile actions in the territory of Afghanistan,

Condemning the Al-Qaida network and other associated terrorist groups, for the multiple criminal, terrorist acts, aimed at causing the deaths of numerous innocent civilians, and the destruction of property,

Reaffirming further that acts of international terrorism constitute a threat to international peace and security,

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

1. Decides to continue the measures imposed by paragraph 8 c) of resolution 1333 (2000) and takes note of the continued application of the measures imposed by paragraph 4 b) of resolution 1267 (1999), in accordance with paragraph 2 below, and decides to terminate the measures imposed in paragraph 4 a) of resolution 1267 (1999);

2. Decides that all States shall take the following measures with respect to Usama bin Laden, members of the Al-Qaida organization and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) to be updated regularly by the Committee established pursuant to resolution 1267 (1999) hereinafter referred to as ``the Committee";

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

  • b) Prevent the entry into or the transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry into 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 and transfer, to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities;

3. Decides that the measures referred to in paragraphs 1 and 2 above will be reviewed in 12 months and that at the end of this period the Council will either allow these measures to continue or decide to improve them, in keeping with the principles and purposes of this resolution;

4. Recalls the obligation placed upon all Member States to implement in full resolution 1373 (2001), including with regard to any member of the Taliban and the Al-Qaida organization, and any individuals, groups, undertakings and entities associated with the Taliban and the Al-Qaida organization, who have participated in the financing, planning, facilitating and preparation or perpetration of terrorist acts or in supporting terrorist acts;

5. Requests the Committee to undertake the following tasks and to report on its work to the Council with its observations and recommendations;

  • a) to update regularly the list referred to in paragraph 2 above, on the basis of relevant information provided by Member States and regional organizations;

  • b) to seek from all States information regarding the action taken by them to implement effectively the measures referred to in paragraph 2 above, and thereafter to request from them whatever further information the Committee may consider necessary;

  • c) to make periodic reports to the Council on information submitted to the Committee regarding the implementation of this resolution;

  • d) to promulgate expeditiously such guidelines and criteria as may be necessary to facilitate the implementation of the measures referred to in paragraph 2 above;

  • e) to make information it considers relevant, including the list referred to in paragraph 2 above, publicly available through appropriate media;

  • f) to cooperate with other relevant Security Council Sanctions Committees and with the Committee established pursuant to paragraph 6 of its resolution 1373 (2001);

6. Requests all States to report to the Committee, no later than 90 days from the date of adoption of this resolution and thereafter according to a timetable to be proposed by the Committee, on the steps they have taken to implement the measures referred to in paragraph 2 above;

7. Urges all States, relevant United Nations bodies, and, as appropriate, other organizations and interested parties to cooperate fully with the Committee and with the Monitoring Group referred to in paragraph 9 below;

8. Urges all States to take immediate steps to enforce and strengthen through legislative enactments or administrative measures, where appropriate, the measures imposed under domestic laws or regulations against their nationals and other individuals or entities operating on their territory, to prevent and punish violations of the measures referred to in paragraph 2 of this resolution, and to inform the Committee of the adoption of such measures, and invites States to report the results of all related investigations or enforcement actions to the Committee unless to do so would compromise the investigation or enforcement actions;

9. Requests the Secretary-General to assign the Monitoring Group established pursuant to paragraph 4 a) of resolution 1363 (2001), whose mandate expires on 19 January 2002, to monitor, for a period of 12 months, the implementation of the measures referred to in paragraph 2 of this resolution;

10. Requests the Monitoring Group to report to the Committee by 31 March 2002 and thereafter every 4 months;

11. Decides to remain actively seized of the matter.

Op 22 mei 2003 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4761e zitting aangenomen Resolutie 1483 waarin onder meer bepaald wordt dat de situatie in Irak een bedreiging van de internationale vrede en veiligheid vormt en waarin een aantal maatregelen onder Hoofdstuk VII van het Handvest worden genomen. De Engelse tekst van deze Resolutie luidt:

Resolution 1483 (2003)

Adopted by the Security Council at its 4761st meeting,

on 22 May 2003

The Security Council,

Recalling all its previous relevant resolutions,

Reaffirming the sovereignty and territorial integrity of Iraq,

Reaffirming also the importance of the disarmament of Iraqi weapons of mass destruction and of eventual confirmation of the disarmament of Iraq,

Stressing the right of the Iraqi people freely to determine their own political future and control their own natural resources, welcoming the commitment of all parties concerned to support the creation of an environment in which they may do so as soon as possible, and expressing resolve that the day when Iraqis govern themselves must come quickly,

Encouraging efforts by the people of Iraq to form a representative government based on the rule of law that affords equal rights and justice to all Iraqi citizens without regard to ethnicity, religion, or gender, and, in this connection, recalls resolution 1325 (2000) of 31 October 2000,

Welcoming the first steps of the Iraqi people in this regard, and noting in this connection the 15 April 2003 Nasiriyah statement and the 28 April 2003 Baghdad statement,

Resolved that the United Nations should play a vital role in humanitarian relief, the reconstruction of Iraq, and the restoration and establishment of national and local institutions for representative governance,

Noting the statement of 12 April 2003 by the Ministers of Finance and Central Bank Governors of the Group of Seven Industrialized Nations in which the members recognized the need for a multilateral effort to help rebuild and develop Iraq and for the need for assistance from the International Monetary Fund and the World Bank in these efforts,

Welcoming also the resumption of humanitarian assistance and the continuing efforts of the Secretary-General and the specialized agencies to provide food and medicine to the people of Iraq,

Welcoming the appointment by the Secretary-General of his Special Adviser on Iraq,

Affirming the need for accountability for crimes and atrocities committed by the previous Iraqi regime,

Stressing the need for respect for the archaeological, historical, cultural, and religious heritage of Iraq, and for the continued protection of archaeological, historical, cultural, and religious sites, museums, libraries, and monuments,

Noting the letter of 8 May 2003 from the Permanent Representatives of the United States of America and the United Kingdom of Great Britain and Northern Ireland to the President of the Security Council (S/2003/538) and recognizing the specific authorities, responsibilities, and obligations under applicable international law of these states as occupying powers under unified command (the ``Authority"),

Noting further that other States that are not occupying powers are working now or in the future may work under the Authority,

Welcoming further the willingness of Member States to contribute to stability and security in Iraq by contributing personnel, equipment, and other resources under the Authority,

Concerned that many Kuwaitis and Third-State Nationals still are not accounted for since 2 August 1990,

Determining that the situation in Iraq, although improved, continues to constitute a threat to international peace and security,

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

1. Appeals to Member States and concerned organizations to assist the people of Iraq in their efforts to reform their institutions and rebuild their country, and to contribute to conditions of stability and security in Iraq in accordance with this resolution;

2. Calls upon all Member States in a position to do so to respond immediately to the humanitarian appeals of the United Nations and other international organizations for Iraq and to help meet the humanitarian and other needs of the Iraqi people by providing food, medical supplies, and resources necessary for reconstruction and rehabilitation of Iraq's economic infrastructure;

3. Appeals to Member States to deny safe haven to those members of the previous Iraqi regime who are alleged to be responsible for crimes and atrocities and to support actions to bring them to justice;

4. Calls upon the Authority, consistent with the Charter of the United Nations and other relevant international law, to promote the welfare of the Iraqi people through the effective administration of the territory, including in particular working towards the restoration of conditions of security and stability and the creation of conditions in which the Iraqi people can freely determine their own political future;

5. Calls upon all concerned to comply fully with their obligations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907;

6. Calls upon the Authority and relevant organizations and individuals to continue efforts to locate, identify, and repatriate all Kuwaiti and Third-State Nationals or the remains of those present in Iraq on or after 2 August 1990, as well as the Kuwaiti archives, that the previous Iraqi regime failed to undertake, and, in this regard, directs the High-Level Coordinator, in consultation with the International Committee of the Red Cross and the Tripartite Commission and with the appropriate support of the people of Iraq and in coordination with the Authority, to take steps to fulfil his mandate with respect to the fate of Kuwaiti and Third-State National missing persons and property;

7. Decides that all Member States shall take appropriate steps to facilitate the safe return to Iraqi institutions of Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from the Iraq National Museum, the National Library, and other locations in Iraq since the adoption of resolution 661 (1990) of 6 August 1990, including by establishing a prohibition on trade in or transfer of such items and items with respect to which reasonable suspicion exists that they have been illegally removed, and calls upon the United Nations Educational, Scientific, and Cultural Organization, Interpol, and other international organizations, as appropriate, to assist in the implementation of this paragraph;

8. Requests the Secretary-General to appoint a Special Representative for Iraq whose independent responsibilities shall involve reporting regularly to the Council on his activities under this resolution, coordinating activities of the United Nations in post-conflict processes in Iraq, coordinating among United Nations and international agencies engaged in humanitarian assistance and reconstruction activities in Iraq, and, in coordination with the Authority, assisting the people of Iraq through:

  • a) coordinating humanitarian and reconstruction assistance by United Nations agencies and between United Nations agencies and non-governmental organizations;

  • b) promoting the safe, orderly, and voluntary return of refugees and displaced persons;

  • c) working intensively with the Authority, the people of Iraq, and others concerned to advance efforts to restore and establish national and local institutions for representative governance, including by working together to facilitate a process leading to an internationally recognized, representative government of Iraq;

  • d) facilitating the reconstruction of key infrastructure, in cooperation with other international organizations;

  • e) promoting economic reconstruction and the conditions for sustainable development, including through coordination with national and regional organizations, as appropriate, civil society, donors, and the international financial institutions;

  • f) encouraging international efforts to contribute to basic civilian administration functions;

  • g) promoting the protection of human rights;

  • h) encouraging international efforts to rebuild the capacity of the Iraqi civilian police force; and

  • i) encouraging international efforts to promote legal and judicial reform;

9. Supports the formation, by the people of Iraq with the help of the Authority and working with the Special Representative, of an Iraqi interim administration as a transitional administration run by Iraqis, until an internationally recognized, representative government is established by the people of Iraq and assumes the responsibilities of the Authority;

10. Decides that, with the exception of prohibitions related to the sale or supply to Iraq of arms and related materiel other than those arms and related materiel required by the Authority to serve the purposes of this and other related resolutions, all prohibitions related to trade with Iraq and the provision of financial or economic resources to Iraq established by resolution 661 (1990) and subsequent relevant resolutions, including resolution 778 (1992) of 2 October 1992, shall no longer apply;

11. Reaffirms that Iraq must meet its disarmament obligations, encourages the United Kingdom of Great Britain and Northern Ireland and the United States of America to keep the Council informed of their activities in this regard, and underlines the intention of the Council to revisit the mandates of the United Nations Monitoring, Verification, and Inspection Commission and the International Atomic Energy Agency as set forth in resolutions 687 (1991) of 3 April 1991, 1284 (1999) of 17 December 1999, and 1441 (2002) of 8 November 2002;

12. Notes the establishment of a Development Fund for Iraq to be held by the Central Bank of Iraq and to be audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq and looks forward to the early meeting of that International Advisory and Monitoring Board, whose members shall include duly qualified representatives of the Secretary-General, of the Managing Director of the International Monetary Fund, of the Director-General of the Arab Fund for Social and Economic Development, and of the President of the World Bank;

13. Notes further that the funds in the Development Fund for Iraq shall be disbursed at the direction of the Authority, in consultation with the Iraqi interim administration, for the purposes set out in paragraph 14 below;

14. Underlines that the Development Fund for Iraq shall be used in a transparent manner to meet the humanitarian needs of the Iraqi people, for the economic reconstruction and repair of Iraq's infrastructure, for the continued disarmament of Iraq, and for the costs of Iraqi civilian administration, and for other purposes benefiting the people of Iraq;

15. Calls upon the international financial institutions to assist the people of Iraq in the reconstruction and development of their economy and to facilitate assistance by the broader donor community, and welcomes the readiness of creditors, including those of the Paris Club, to seek a solution to Iraq's sovereign debt problems;

16. Requests also that the Secretary-General, in coordination with the Authority, continue the exercise of his responsibilities under Security Council resolution 1472 (2003) of 28 March 2003 and 1476 (2003) of 24 April 2003, for a period of six months following the adoption of this resolution, and terminate within this time period, in the most cost effective manner, the ongoing operations of the ``Oil-for-Food" Programme (the ``Programme"), both at headquarters level and in the field, transferring responsibility for the administration of any remaining activity under the Programme to the Authority, including by taking the following necessary measures:

  • a) to facilitate as soon as possible the shipment and authenticated delivery of priority civilian goods as identified by the Secretary-General and representatives designated by him, in coordination with the Authority and the Iraqi interim administration, under approved and funded contracts previously concluded by the previous Government of Iraq, for the humanitarian relief of the people of Iraq, including, as necessary, negotiating adjustments in the terms or conditions of these contracts and respective letters of credit as set forth in paragraph 4 d) of resolution 1472 (2003);

  • b) to review, in light of changed circumstances, in coordination with the Authority and the Iraqi interim administration, the relative utility of each approved and funded contract with a view to determining whether such contracts contain items required to meet the needs of the people of Iraq both now and during reconstruction, and to postpone action on those contracts determined to be of questionable utility and the respective letters of credit until an internationally recognized, representative government of Iraq is in a position to make its own determination as to whether such contracts shall be fulfilled;

  • c) to provide the Security Council within 21 days following the adoption of this resolution, for the Security Council's review and consideration, an estimated operating budget based on funds already set aside in the account established pursuant to paragraph 8 d) of resolution 986 (1995) of 14 April 1995, identifying:

    • (i) all known and projected costs to the United Nations required to ensure the continued functioning of the activities associated with implementation of the present resolution, including operating and administrative expenses associated with the relevant United Nations agencies and programmes responsible for the implementation of the Programme both at Headquarters and in the field;

    • (ii) all known and projected costs associated with termination of the Programme;

    • (iii) all known and projected costs associated with restoring Government of Iraq funds that were provided by Member States to the Secretary-General as requested in paragraph 1 of resolution 778 (1992); and

    • (iv) all known and projected costs associated with the Special Representative and the qualified representative of the Secretary-General identified to serve on the International Advisory and Monitoring Board, for the six month time period defined above, following which these costs shall be borne by the United Nations;

  • d) to consolidate into a single fund the accounts established pursuant to paragraphs 8 a) and 8 b) of resolution 986 (1995);

  • e) to fulfil all remaining obligations related to the termination of the Programme, including negotiating, in the most cost effective manner, any necessary settlement payments, which shall be made from the escrow accounts established pursuant to paragraphs 8 a) and 8 b) of resolution 986 (1995), with those parties that previously have entered into contractual obligations with the Secretary-General under the Programme, and to determine, in coordination with the Authority and the Iraqi interim administration, the future status of contracts undertaken by the United Nations and related United Nations agencies under the accounts established pursuant to paragraphs 8 b) and 8 d) of resolution 986 (1995);

  • f) to provide the Security Council, 30 days prior to the termination of the Programme, with a comprehensive strategy developed in close coordination with theAuthority and the Iraqi interim administration that would lead to the delivery of all relevant documentation and the transfer of all operational responsibility of the Programme to the Authority;

17. Requests further that the Secretary-General transfer as soon as possible to the Development Fund for Iraq 1 billion United States dollars from unencumbered funds in the accounts established pursuant to paragraphs 8 a) and 8 b) of resolution 986 (1995), restore Government of Iraq funds that were provided by Member States to the Secretary-General as requested in paragraph 1 of resolution 778 (1992), and decides that, after deducting all relevant United Nations expenses associated with the shipment of authorized contracts and costs to the Programme outlined in paragraph 16 c) above, including residual obligations, all surplus funds in the escrow accounts established pursuant to paragraphs 8 a), 8 b), 8 d), and 8 f) of resolution 986 (1995) shall be transferred at the earliest possible time to the Development Fund for Iraq;

18. Decides to terminate effective on the adoption of this resolution the functions related to the observation and monitoring activities undertaken by the Secretary-General under the Programme, including the monitoring of the export of petroleum and petroleum products from Iraq;

19. Decides to terminate the Committee established pursuant to paragraph 6 of resolution 661 (1990) at the conclusion of the six month period called for in paragraph 16 above and further decides that the Committee shall identify individuals and entities referred to in paragraph 23 below;

20. Decides that all export sales of petroleum, petroleum products, and natural gas from Iraq following the date of the adoption of this resolution shall be made consistent with prevailing international market best practices, to be audited by independent public accountants reporting to the International Advisory and Monitoring Board referred to in paragraph 12 above in order to ensure transparency, and decides further that, except as provided in paragraph 21 below, all proceeds from such sales shall be deposited into the Development Fund for Iraq until such time as an internationally recognized, representative government of Iraq is properly constituted;

21. Decides further that 5 per cent of the proceeds referred to in paragraph 20 above shall be deposited into the Compensation Fund established in accordance with resolution 687 (1991) and subsequent relevant resolutions and that, unless an internationally recognized, representative government of Iraq and the Governing Council of the United Nations Compensation Commission, in the exercise of its authority over methods of ensuring that payments are made into the Compensation Fund, decide otherwise, this requirement shall be binding on a properly constituted, internationally recognized, representative government of Iraq and any successor thereto;

22. Noting the relevance of the establishment of an internationally recognized, representative government of Iraq and the desirability of prompt completion of the restructuring of Iraq's debt as referred to in paragraph 15 above, further decides that, until December 31, 2007, unless the Council decides otherwise, petroleum, petroleum products, and natural gas originating in Iraq shall be immune, until title passes to the initial purchaser from legal proceedings against them and not be subject to any form of attachment, garnishment, or execution, and that all States shall take any steps that may be necessary under their respective domestic legal systems to assure this protection, and that proceeds and obligations arising from sales thereof, as well as the Development Fund for Iraq, shall enjoy privileges and immunities equivalent to those enjoyed by the United Nations except that the above-mentioned privileges and immunities will not apply with respect to any legal proceeding in which recourse to such proceeds or obligations is necessary to satisfy liability for damages assessed in connection with an ecological accident, including an oil spill, that occurs after the date of adoption of this resolution;

23. Decides that all Member States in which there are:

  • a) funds or other financial assets or economic resources of the previous Government of Iraq or its state bodies, corporations, or agencies, located outside Iraq as of the date of this resolution, or

  • b) funds or other financial assets or economic resources that have been removed from Iraq, or acquired, by Saddam Hussein or other senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled, directly or indirectly, by them or by persons acting on their behalf or at their direction,

    shall freeze without delay those funds or other financial assets or economic resources and, unless these funds or other financial assets or economic resources are themselves the subject of a prior judicial, administrative, or arbitral lien or judgement, immediately shall cause their transfer to the Development Fund for Iraq, it being understood that, unless otherwise addressed, claims made by private individuals or non-government entities on those transferred funds or other financial assets may be presented to the internationally recognized, representative government of Iraq; and decides further that all such funds or other financial assets or economic resources shall enjoy the same privileges, immunities, and protections as provided under paragraph 22;

24. Requests the Secretary-General to report to the Council at regular intervals on the work of the Special Representative with respect to the implementation of this resolution and on the work of the International Advisory and Monitoring Board and encourages the United Kingdom of Great Britain and Northern Ireland and the United States of America to inform the Council at regular intervals of their efforts under this resolution;

25. Decides to review the implementation of this resolution within twelve months of adoption and to consider further steps that might be necessary;

26. Calls upon Member States and international and regional organizations to contribute to the implementation of this resolution;

27. Decides to remain seized of this matter.

Op 28 juli 2003 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4797e zitting aangenomen Resolutie 1493 onder meer ter bestrijding van directe en indirecte ondersteuning van organisaties en gewapende groeperingen aanwezig in de Democratische Republiek Congo. De Engelse tekst van deze Resolutie luidt:

Resolution 1493 (2003)

Adopted by the Security Council at its 4797th meeting,

on 28 July 2003

The Security Council,

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

Reaffirming its commitment to respect for the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo and all the States of the region,

Reaffirming also the obligations of all States to refrain from the use of force against the territorial integrity and political independence of any State or in any other manner incompatible with the purposes and principles of the United Nations,

Concerned by the continued illegal exploitation of the natural resources of the Democratic Republic of the Congo, and reaffirming in this regard its commitment to respect for the sovereignty of the Democratic Republic of the Congo over its natural resources,

Welcoming the conclusion of the Global and All Inclusive Agreement on the Transition in the Democratic Republic of the Congo (signed in Pretoria on 17 December 2002), and the subsequent establishment of the Government of National unity and Transition,

Deeply concerned by the continuation of hostilities in the eastern part of the Democratic Republic of the Congo, particularly in North and South Kivu and in Ituri, and by the grave violations of human rights and of international humanitarian law that accompany them,

Recalling that it is incumbent on all the parties to cooperate in the overall deployment of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC),

Renewing its support to the Interim Emergency Multinational Force deployed in Bunia and stressing the need to ensure effective and timely replacement of the Force, as requested in resolution 1484 (2003), to contribute in the best way to the stabilization of Ituri,

Taking note of the second special report of the Secretary-General on MONUC, of 27 May 2003 (S/2003/566), and of its recommendations,

Taking note also of the report of the Security Council Mission to Central Africa, of 18 June 2003 (S/2003/653),

Noting that the situation in the Democratic Republic of the Congo continues to constitute a threat to international peace and security in the region,

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

1. Expresses satisfaction at the promulgation, on 4 April 2003, of the Transitional Constitution in the Democratic Republic of the Congo and at the formation, announced on 30 June 2003, of the Government of National unity and Transition, encourages the Congolese parties to take the necessary decisions in order to allow the transitional institutions to begin functioning effectively, and encourages them also in this regard to include representatives of the interim institutions that emerged from the Ituri Pacification Commission in the transitional institutions;

2. Decides to extend the mandate of MONUC until 30 July 2004;

3. Notes with appreciation the recommendations in the second special report of the Secretary-General and authorizes increasing the military strength of MONUC to 10,800 personnel;

4. Requests the Secretary-General to ensure, through his Special Representative for the Democratic Republic of the Congo, who convenes the International Committee in support of the Transition, the coordination of all the activities of the United Nations system in the Democratic Republic of the Congo, and to facilitate coordination with other national and international actors of activities in support of the transition;

5. Encourages MONUC, in coordination with other United Nations agencies, donors and non-governmental organizations, to provide assistance, during the transition period, for the reform of the security forces, the re-establishment of a State based on the rule of law and the preparation and holding of elections, throughout the territory of the Democratic Republic of the Congo, and welcomes, in this regard, the efforts of the Member States to support the transition and national reconciliation;

6. Approves the temporary deployment of MONUC personnel intended, during the first months of the establishment of the transitional institutions, to participate in a multi-layer security system in Kinshasa in accordance with paragraphs 35 to 38 of the second special report of the Secretary-General, approves also the reconfiguration of the MONUC civilian police component as outlined in paragraph 42 of that report, and encourages MONUC to continue to support police development in areas of urgent need;

7. Encourages donors to support the establishment of an integrated Congolese police unit and approves the provision by MONUC of the additional assistance that might be needed for its training;

8. Strongly condemns the acts of violence systematically perpetrated against civilians, including the massacres, as well as other atrocities and violations of international humanitarian law and human rights, in particular, sexual violence against women and girls, stresses the need to bring to justice those responsible, including those at the command level, and urges all parties, including the Government of the Democratic Republic of the Congo, to take all necessary steps to prevent further violations of human rights and international humanitarian law, in particular those committed against civilians;

9. Reaffirms the importance of a gender perspective in peacekeeping operations in accordance with resolution 1325 (2000), recalls the need to address violence against women and girls as a tool of warfare, and in this respect encourages MONUC to continue to actively address this issue; and calls on MONUC to increase the deployment of women as military observers as well as in other capacities;

10. Reaffirms that all Congolese parties have an obligation to respect human rights, international humanitarian law and the security and well-being of the civilian population;

11. Urges the Government of National unity and Transition to ensure that the protection of human rights and the establishment of a State based on the rule of law and of an independent judiciary are among its highest priorities, including the establishment of the necessary institutions as reflected in the Global and Allinclusive agreement, encourages the Secretary-General, through his Special Representative, and the United Nations High Commissioner for Human Rights to coordinate their efforts in particular to assist the transitional authorities of the Democratic Republic of the Congo in order to put an end to impunity, and encourages also the African Union to play a role in this regard;

12. States that it is profoundly preoccupied by the humanitarian situation throughout the country and, in particular, in the eastern regions, and demands that all the parties guarantee the security of the civilian population thereby enabling MONUC and humanitarian organizations to have total, unrestricted and immediate access to the population groups in need;

13. Strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri, and reiterates the request addressed to all the parties, in Security Council resolution 1460 (2003) to provide the Special Representative of the Secretary-General with information on the measures that they have taken to put an end to the recruitment and use of children in their armed components, as well as the requests concerning the protection of children set forth in resolution 1261 (1999) and subsequent resolutions;

14. Strongly condemns the continuing armed conflict in the eastern part of the Democratic Republic of the Congo especially the serious ceasefire violations that occurred recently in North and South Kivu, including in particular the offensives by the Congolese Rally for Democracy (RCD-Goma), demands that all the parties, in compliance with the Bujumbura “Acte d'Engagement" of 19 June 2003, establish without delay or precondition the full cessation of hostilities and withdraw to the positions agreed to in the Kampala/Harare disengagement plans, and that they refrain from any provocative action;

15. Demands that all the parties desist from any interference with freedom of movement of United Nations personnel, recalls that all the parties have the obligation to provide full and unhindered access to MONUC to allow it to carry out its mandate, and asks the Special Representative of the Secretary-General to report any failure to comply with this obligation;

16. Expresses concern at the fact that the continuing hostilities in the eastern part of the Democratic Republic of the Congo are seriously compromising MONUC action in the process of the disarmament, demobilization, repatriation, reintegration or resettlement (DDRRR) of the foreign armed groups referred to in chapter 9.1 of the Lusaka Ceasefire Agreement (S/1999/815), urges all the parties concerned to cooperate with MONUC and underscores the importance of making rapid and appreciable progress in that process;

17. Authorizes MONUC to assist the Government of National Unity and Transition in disarming and demobilizing those Congolese combatants who may voluntarily decide to enter the disarmament, demobilization and reintegration (DDR) process within the framework of the Multi-Country Demobilization and Reintegration Programme, pending the establishment of a national DDR programme in coordination with the United Nations Development Programme and other agencies concerned;

18. Demands that all States and in particular those in the region, including the Democratic Republic of the Congo, ensure that no direct or indirect assistance, especially military or financial assistance, is given to the movements and armed groups present in the Democratic Republic of the Congo;

19. Demands that all parties provide full access to MONUC military observers, including in ports, airports, airfields, military bases and border crossings, and requests the Secretary-General to deploy MONUC military observers in North and South Kivu and in Ituri and to report to the Security Council regularly on the position of the movements and armed groups and on information concerning arms supply and the presence of foreign military, especially by monitoring the use of landing strips in that region;

20. Decides that all States, including the Democratic Republic of the Congo, shall, for an initial period of 12 months from the adoption of this resolution, take the necessary measures to prevent the direct or indirect supply, sale or transfer, from their territories or by their nationals, or using their flag vessels or aircraft, of arms and any related materiel, and the provision of any assistance, advice or training related to military activities, to all foreign and Congolese armed groups and militias operating in the territory of North and South Kivu and of Ituri, and to groups not party to the Global and All-inclusive agreement, in the Democratic Republic of the Congo;

21. Decides that the measures imposed by paragraph 20 above shall not apply to:

– supplies to MONUC, the Interim Emergency Multinational Force deployed in Bunia and the integrated Congolese national army and police forces;

– supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training as notified in advance to the Secretary-General through its Special Representative;

22. Decides that, at the end of the initial 12 months, the Security Council will review the situation in the Democratic Republic of the Congo and in particular in the eastern part of the country, with a view to renewing the measures stipulated in paragraph 20 above if no significant progress has been made in the peace process, in particular an end to support for armed groups, an effective ceasefire and progress in the DDRRR by foreign and Congolese armed groups;

23. Expresses its determination closely to monitor compliance with the measures laid down in paragraph 20 and to consider necessary steps to ensure the effective monitoring and implementation of these measures, including the possible establishment of a monitoring mechanism;

24. Urges the States neighbouring the Democratic Republic of the Congo, particularly Rwanda and Uganda, which have an influence over movements and armed groups operating in the territory of the Democratic Republic of the Congo, to exercise a positive influence on them to settle their disputes by peaceful means and join in the process of national reconciliation;

25. Authorizes MONUC to take the necessary measures in the areas of deployment of its armed units, and as it deems it within its capabilities:

– to protect United Nations personnel, facilities, installations and equipment;

– to ensure the security and freedom of movement of its personnel, including in particular those engaged in missions of observation, verification or DDRRR;

– to protect civilians and humanitarian workers under imminent threat of physical violence;

– and to contribute to the improvement of the security conditions in which humanitarian assistance is provided;

26. Authorizes MONUC to use all necessary means to fulfil its mandate in the Ituri district and, as it deems it within its capabilities, in North and South Kivu;

27. Requests the Secretary-General to deploy in the Ituri district, as soon as possible, the tactical brigade-size force whose concept of operation is set out in paragraphs 48 to 54 of his second special report, including the reinforced MONUC presence in Bunia by mid-August 2003 as requested in resolution 1484 (2003), particularly with a view to helping to stabilize the security conditions and improving the humanitarian situation, ensuring the protection of airfields and displaced persons living in camps and, if the circumstances warrant it, helping to ensure the security of the civilian population and the personnel of the United Nations and the humanitarian organizations in Bunia and its environs and eventually, as the situation permits, in other parts of Ituri;

28. Condemns categorically the illegal exploitation of the natural resources and other sources of wealth of the Democratic Republic of the Congo and expresses its intention to consider means that could be used to end it, awaits with interest the report to be submitted shortly by the group of experts on such illegal exploitation and on the link that exists between it and the continuation of hostilities, and demands that all parties and interested States offer full cooperation to the group of experts;

29. Encourages the Governments of the Democratic Republic of the Congo, Rwanda, Uganda and Burundi to take steps to normalize their relations and cooperate in assuring mutual security along their common borders, and invites these Governments to conclude good-neighbourly agreements among themselves;

30. Reaffirms that an international conference on peace, security, democracy and development in the Great Lakes region of Africa, with participation by all the Governments of the region and all the other parties concerned, should be organized at the appropriate time under the aegis of the United Nations and the African Union with a view to strengthening stability in the region and working out conditions that will enable everyone to enjoy the right to live peacefully within national borders;

31. Reiterates its support unreservedly for the Special Representative of the Secretary-General and for all MONUC personnel, and for the efforts they continue to make to assist the parties in the Democratic Republic of the Congo and in the region to advance the peace process;

32. Decides to remain actively seized of the matter

Op 22 december 2003 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4890e zitting aangenomen Resolutie 1521 onder meer ter voorkoming van de verkoop en levering van wapens en aanverwante materialen aan Liberia. De Engelse tekst van deze Resolutie luidt:

Resolution 1521 (2003)

Adopted by the Security Council at its 4890th meeting,

on 22 December 2003

The Security Council,

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

Taking note of the reports of the United Nations Panel of Experts on Liberia dated 7 August 2003 (S/2003/779) and 28 October 2003 (S/2003/937 and S/2003/937/Add.1) submitted pursuant to resolution 1478 (2003),

Expressing serious concern at the findings of the Panel of Experts that the measures imposed by resolution 1343 (2001) continue to be breached, particularly through the acquisition of arms,

Welcoming the Comprehensive Peace Agreement signed by the former Government of Liberia, Liberians United for Reconciliation and Democracy (LURD) and the Movement for Democracy in Liberia (MODEL) on 18 August 2003 in Accra, and that the National Transitional Government of Liberia under Chairman Gyude Bryant took office on 14 October 2003,

Calling upon all States in the region, particularly the National Transitional Government of Liberia, to work together to build lasting regional peace, including through the Economic Community of West African States (ECOWAS), the International Contact Group on Liberia, the Mano River Union and the Rabat Process,

Noting with concern, however, that the ceasefire and the Comprehensive Peace Agreement are not yet being universally implemented throughout Liberia, and that much of the country remains outside the authority of the National Transitional Government of Liberia, particularly those areas to which the United Nations Mission in Liberia (UNMIL) has not yet deployed,

Recognizing the linkage between the illegal exploitation of natural resources such as diamonds and timber, illicit trade in such resources, and the proliferation and trafficking of illegal arms as a major source of fuelling and exacerbating conflicts in West Africa, particularly in Liberia,

Determining that the situation in Liberia and the proliferation of arms and armed non-State actors, including mercenaries, in the subregion continue to constitute a threat to international peace and security in West Africa, in particular to the peace process in Liberia,

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

A

Recalling its resolutions 1343 (2001) of 7 March 2001, 1408 (2002) of 6 May 2002, 1478 (2003) of 6 May 2003, 1497 (2003) of 1 August 2003, and 1509 (2003) of 19 September 2003,

Noting that the changed circumstances in Liberia, in particular the departure of former President Charles Taylor and the formation of the National Transitional Government of Liberia, and progress with the peace process in Sierra Leone, require the Council's determination for action under Chapter VII to be revised to reflect these altered circumstances,

1. Decides to terminate the prohibitions imposed by paragraphs 5, 6, and 7 of resolution 1343 (2001) and paragraphs 17 and 28 of resolution 1478 (2003) and to dissolve the committee established under resolution 1343 (2001);

B

2. a) Decides that all States shall take the necessary measures to prevent the sale or supply to Liberia, by their nationals or from their territories or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, whether or not originating in their territories;

  • b) Decides that all States shall take the necessary measures to prevent any provision to Liberia by their nationals or from their territories of technical training or assistance related to the provision, manufacture, maintenance or use of the items in subparagraph a) above;

  • c) Reaffirms that the measures in subparagraphs a) and b) above apply to all sales or supply of arms and related materiel destined for any recipient in Liberia, including all non-State actors, such as LURD and MODEL, and to all former and current militias and armed groups;

  • d) Decides that the measures imposed by subparagraphs a) and b) above shall not apply to supplies of arms and related materiel and technical training and assistance intended solely for support of or use by UNMIL;

  • e) Decides that the measures imposed by subparagraphs a) and b) above shall not apply to supplies of arms and related materiel and technical training and assistance intended solely for support of or use in an international training and reform programme for the Liberian armed forces and police, as approved in advance by the Committee established by paragraph 21 below (``the Committee");

  • f) Decides that the measures imposed by subparagraphs a) and b) above shall not apply to 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;

  • g) Affirms that the measures imposed by subparagraph a) above do not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Liberia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

3. Demands that all States in West Africa take action to prevent armed individuals and groups from using their territory to prepare and commit attacks on neighbouring countries and refrain from any action that might contribute to further destabilization of the situation in the subregion;

4. a) Decides also that all States shall take the necessary measures to prevent the entry into or transit through their territories of all such individuals, as designated by the Committee, who constitute a threat to the peace process in Liberia, or who are engaged in activities aimed at undermining peace and stability in Liberia and the subregion, including those senior members of former President Charles Taylor's Government and their spouses and members of Liberia's former armed forces who retain links to former President Charles Taylor, those individuals determined by the Committee to be in violation of paragraph 2 above, and any other individuals, or individuals associated with entities, providing financial or military support to armed rebel groups in Liberia or in countries in the region, provided that nothing in this paragraph shall oblige a State to refuse entry into its territory to its own nationals;

  • b) Decides that the measures in paragraph 4 a) above shall continue to apply to the individuals already designated pursuant to paragraph 7 a) of resolution 1343 (2001), pending the designation of individuals by the Committee as required by and in accordance with paragraph 4 a) above;

  • c) Decides that the measures imposed by subparagraph 4 a) above shall not apply where the Committee determines that such travel is justified on the grounds of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would otherwise further the objectives of the Council's resolutions, for the creation of peace, stability and democracy in Liberia and lasting peace in the subregion;

5. Expresses its readiness to terminate the measures imposed by paragraphs 2 a) and b) and 4 a) above when the Council determines that the ceasefire in Liberia is being fully respected and maintained, disarmament, demobilization, reintegration, repatriation and restructuring of the security sector have been completed, the provisions of the Comprehensive Peace Agreement are being fully implemented, and significant progress has been made in establishing and maintaining stability in Liberia and the subregion;

6. Decides that all States shall take the necessary measures to prevent the direct or indirect import of all rough diamonds from Liberia to their territory, whether or not such diamonds originated in Liberia;

7. Calls upon the National Transitional Government of Liberia to take urgent steps to establish an effective Certificate of Origin regime for trade in Liberian rough diamonds that is transparent and internationally verifiable with a view to joining the Kimberley Process, and to provide the Committee with a detailed description of the proposed regime;

8. Expresses its readiness to terminate the measures referred to in paragraph 6 above when the Committee, taking into account expert advice, decides that Liberia has established a transparent, effective and internationally verifiable Certificate of Origin regime for Liberian rough diamonds;

9. Encourages the National Transitional Government of Liberia to take steps to join the Kimberley Process as soon as possible;

10. Decides that all States shall take the necessary measures to prevent the import into their territories of all round logs and timber products originating in Liberia;

11. Urges the National Transitional Government of Liberia to establish its full authority and control over the timber producing areas, and to take all necessary steps to ensure that government revenues from the Liberian timber industry are not used to fuel conflict or otherwise in violation of the Council's resolutions but are used for legitimate purposes for the benefit of the Liberian people, including development;

12. Expresses its readiness to terminate the measures imposed by paragraph 10 above once the Council determines that the goals in paragraph 11 above have been achieved;

13. Encourages the National Transitional Government of Liberia to establish oversight mechanisms for the timber industry that will promote responsible business practices, and to establish transparent accounting and auditing mechanisms to ensure that all government revenues, including those from the Liberian International Ship and Corporate Registry, are not used to fuel conflict or otherwise in violation of the Council's resolutions but are used for legitimate purposes for the benefit of the Liberian people, including development;

14. Urges all parties to the Comprehensive Peace Agreement of 18 August 2003 to implement fully their commitments and fulfil their responsibilities in the National Transitional Government of Liberia, and not to hinder the restoration of the Government's authority throughout the country, particularly over natural resources;

15. Calls upon States, relevant international organizations and others in a position to do so to offer assistance to the National Transitional Government of Liberia in achieving the objectives in paragraphs 7, 11 and 13 above, including the promotion of responsible and environmentally sustainable business practices in the timber industry, and to offer assistance with the implementation of the ECOWAS Moratorium on the Importation, Exportation and Manufacture of Small Arms and Light Weapons in West Africa adopted in Abuja on 31 October 1998 (S/1998/1194, annex);

16. Encourages the United Nations and other donors to assist the Liberian civil aviation authorities, including through technical assistance, in improving the professionalism of their staff and their training capabilities and in complying with the standards and practices of the International Civil Aviation Organization;

17. Takes note of the establishment by the National Transitional Government of Liberia of a review committee with the task of establishing procedures to fulfil the demands of the Security Council for the lifting of the measures imposed under this resolution;

18. Decides that the measures in paragraphs 2, 4, 6 and 10 above are established for 12 months from the date of adoption of this resolution, unless otherwise decided, and that, at the end of this period, the Council will review the position, assess progress towards the goals in paragraphs 5, 7, and 11 and decide accordingly whether to continue these measures;

19. Decides to review the measures in paragraphs 2, 4, 6 and 10 above by 17 June 2004, to assess progress towards the goals in paragraphs 5, 7, and 11 and decide accordingly whether to terminate these measures;

20. Decides to keep under regular review the measures imposed by paragraphs 6 and 10 above, so as to terminate them as soon as possible once the conditions in paragraphs 7 and 11 have been met, in order to create revenue for the reconstruction and development of Liberia;

21. 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, to undertake the following tasks:

  • a) to monitor the implementation of the measures in paragraphs 2, 4, 6 and 10 above, taking into consideration the reports of the expert panel established by paragraph 22 below;

  • b) to seek from all States, particularly those in the subregion, information about the actions taken by them to implement effectively those measures;

  • c) to consider and decide upon requests for the exemptions set out in paragraphs 2 e), 2 f) and 4 c) above;

  • d) to designate the individuals subject to the measures imposed by paragraph 4 above and to update this list regularly;

  • e) to make relevant information publicly available through appropriate media, including the list referred to in subparagraph d) above;

  • f) to consider and take appropriate action, within the framework of this resolution, on pending issues or concerns brought to its attention concerning the measures imposed by resolutions 1343 (2001), 1408 (2002) and 1478 (2003) while those resolutions were in force;

  • g) to report to the Council with its observations and recommendations;

22. Requests the Secretary-General to establish, within one month from the date of adoption of this resolution, in consultation with the Committee, for a period of five months, a Panel of Experts consisting of up to five members, with the range of expertise necessary to fulfil the Panel's mandate described in this paragraph, drawing as much as possible on the expertise of the members of the Panel of Experts established pursuant to resolution 1478 (2003), to undertake the following tasks:

  • a) to conduct a follow-up assessment mission to Liberia and neighbouring States, in order to investigate and compile a report on the implementation, and any violations, of the measures referred to in paragraphs 2, 4, 6 and 10 above, including any violations involving rebel movements and neighbouring countries, and including any information relevant to the Committee's designation of the individuals described in paragraph 4 a) above, and including the various sources of financing, such as from natural resources, for the illicit trade of arms;

  • b) to assess the progress made towards the goals described in paragraphs 5, 7 and 11 above;

  • c) to report to the Council through the Committee no later than 30 May 2004 with observations and recommendations, including, inter alia, how to minimize any humanitarian and socio-economic impact of the measures imposed by paragraph 10 above;

23. Welcomes UNMIL's readiness, within its capabilities, its areas of deployment and without prejudice to its mandate, once it is fully deployed and carrying out its core functions, to assist the Committee established by paragraph 21 above and the Panel of Experts established by paragraph 22 above in monitoring the measures in paragraphs 2, 4, 6 and 10 above, and requests the United Nations Mission in Sierra Leone and the United Nations Mission in Côte d'Ivoire, likewise without prejudicing their capacities to carry out their respective mandates, to assist the Committee and the Panel of Experts by passing to the Committee and the Panel any information relevant to the implementation of the measures in paragraphs 2, 4, 6 and 10, in the context of enhanced coordination among United Nations missions and offices in West Africa;

24. Reiterates its call on the international donor community to provide assistance for the implementation of a programme of disarmament, demobilization, reintegration and repatriation, and sustained international assistance to the peace process, and to contribute generously to consolidated humanitarian appeals, and further requests the donor community to respond to the immediate financial, administrative and technical needs of the National Transitional Government of Liberia;

25. Encourages the National Transitional Government of Liberia to undertake, with the assistance of UNMIL, appropriate actions to sensitize the Liberian population to the rationale of the measures in this resolution, including the criteria for their termination;

26. Requests the Secretary-General to submit a report to the Council by 30 May 2004, drawing on information from all relevant sources, including the National Transitional Government of Liberia, UNMIL and ECOWAS, on progress made towards the goals described in paragraphs 5, 7 and 11 above;

27. Decides to remain seized of the matter.

Op 12 maart 2004 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4925e zitting aangenomen Resolutie 1532 onder meer ter bevriezing van fondsen en andere financiële middelen van de voormalige President van Liberia Charles Taylor, zijn familie en aanverwanten. De Engelse tekst van deze Resolutie luidt:

Resolution 1532 (2004)

Adopted by the Security Council at its 4925th meeting,

on 12 March 2004

The Security Council,

Recalling its resolution 1521 (2003) of 22 December 2003, and its other previous resolutions and statements by its President on the situation in Liberia and West Africa,

Noting with concern that the actions and policies of former Liberian President Charles Taylor and other persons, in particular their depletion of Liberian resources, and their removal from Liberia and secreting of Liberian funds and property from that country, have undermined Liberia's transition to democracy and the orderly development of its political, administrative, and economic institutions and resources,

Recognizing the negative impact on Liberia of the transfer abroad of misappropriated funds and assets and the need for the international community to ensure as soon as possible, in accordance with paragraph 6 below, the return of such funds and assets to Liberia,

Also expressing concern that former President Taylor, in collaboration with others still closely associated with him, continues to exercise control over and to have access to such misappropriated funds and property, with which he and his associates are able to engage in activities that undermine peace and stability in Liberia and the region,

Determining that this situation constitutes a threat to international peace and security in West Africa, in particular to the peace process in Liberia,

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

1. Decides that, to prevent former Liberian President Charles Taylor, his immediate family members, in particular Jewell Howard Taylor and Charles Taylor, Jr., senior officials of the former Taylor regime, or other close allies or associates as designated by the Committee established by paragraph 21 of resolution 1521 (2003) (hereinafter, ``the Committee") from using misappropriated funds and property to interfere in the restoration of peace and stability in Liberia and the sub-region, all States in which there are, at the date of adoption of this resolution or at any time thereafter, funds, other financial assets and economic resources owned or controlled directly or indirectly by Charles Taylor, Jewell Howard Taylor, and Charles Taylor, Jr. and/or those other individuals designated by the Committee, including funds, other financial assets and economic resources held by entities owned or controlled, directly or indirectly, by any of them or by any persons acting on their behalf or at their direction, as designated by the Committee, shall freeze without delay all such funds, other financial assets and economic resources, and shall ensure that neither these nor any other funds, other financial assets or economic resources are made available, by their nationals or by any persons within their territory, directly or indirectly, to or for the benefit of such persons;

2. Decides that the provisions of paragraph 1 above do not apply to funds, other financial assets and economic resources that:

  • a) have been determined by relevant State(s) to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State(s) to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within two working days of such notification;

  • b) have been determined by relevant State(s) to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State(s) to the Committee and has been approved by the Committee; or

  • c) have been determined by relevant State(s) to be the subject of a judicial administrative, or arbitral lien or judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement: was entered prior to the date of the present resolution; is not for the benefit of a person referred to in paragraph 1 above or an individual or entity identified by the Committee; and has been notified by the relevant State(s) to the Committee;

3. Decides that all States may allow for the addition to accounts subject to the provisions of paragraph 1 above of:

  • a) interest or other earnings due on those accounts; and

  • b) payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of paragraph 1 above; provided that any such interest, other earnings and payments continue to be subject to those provisions;

4. Further decides that the Committee shall:

  • a) identify individuals and entities of the types described in paragraph 1 above, and promptly circulate to all States a list of said individuals and entities, including by posting such a list on the Committee's web site;

  • b) maintain and regularly update and review every six months the list of those individuals and entities identified by the Committee as being subject to the measures set forth in paragraph 1 above;

  • c) assist States, where necessary, in tracing and freezing the funds, other financial assets and economic resources of such individuals and entities;

  • d) seek from all States information regarding the actions taken by them to trace and freeze such funds, other financial assets and economic resources;

5. Decides to review the measures imposed in paragraph 1 above at least once a year, the first review taking place by December 22, 2004 in conjunction with its review of the measures imposed in paragraphs 2, 4, 6 and 10 of resolution 1521 (2003), and to determine at that time what further action is appropriate;

6. Expresses its intention to consider whether and how to make available the funds, other financial assets and economic resources frozen pursuant to paragraph 1 above to the Government of Liberia, once that Government has established transparent accounting and auditing mechanisms to ensure the responsible use of government revenue to benefit directly the people of Liberia;

7. Decides to remain actively seized of the matter.

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.

PartijOndertekeningRatificatieType1In werkingOpzeggingBuiten werking
Afghanistan 09-11-46T19-11-46  
Albanië 14-12-55T14-12-55  
Algerije 08-10-62T08-10-62  
Andorra 28-07-93T28-07-93  
Angola 01-12-76T01-12-76  
Antigua en Barbuda 11-11-81T11-11-81  
Argentinië26-6-4524-09-45R24-10-45  
Armenië 02-03-92T02-03-92  
Australië26-6-4501-11-45R01-11-45  
Azerbeidzjan 02-03-92T02-03-92  
Bahama's 18-09-73T18-09-73  
Bahrein 21-09-71T21-09-71  
Bangladesh 17-09-74T17-09-74  
Barbados 09-12-66T09-12-66  
Belarus26-6-4524-10-45R24-10-45  
België26-6-4527-12-45R27-12-45  
Belize 25-09-81T25-09-81  
Benin 20-09-60T20-09-60  
Bhutan 21-09-71T21-09-71  
Bolivia26-6-4514-11-45R14-11-45  
Bosnië-Herzegovina 22-05-92T22-05-92  
Botswana 17-10-66T17-10-66  
Brazilië26-6-4521-09-45R24-10-45  
Brunei 21-09-84T21-09-84  
Bulgarije 14-12-55T14-12-55  
Burkina Faso 20-09-60T20-09-60  
Burundi 18-09-62T18-09-62  
Cambodja 14-12-55T14-12-55  
Canada26-6-4509-11-45R09-11-45  
Centraal Afrikaanse Republiek 20-09-60T20-09-60  
Chili26-6-4511-10-45R24-10-45  
China26-6-4528-09-45R24-10-45  
Colombia26-6-4505-11-45R05-11-45  
Comoren, de 12-11-75T12-11-75  
Congo, Democratische Republiek 20-09-60T20-09-60  
Congo, Republiek 20-09-60T20-09-60  
Costa Rica26-6-4502-11-45R02-11-45  
Cuba26-6-4515-10-45R24-10-45  
Cyprus 20-09-60T20-09-60  
Denemarken26-6-4509-10-45R24-10-45  
Djibouti 20-09-77T20-09-77  
Dominica 18-12-78T18-12-78  
Dominicaanse Republiek, de26-6-4504-09-45R24-10-45  
Duitsland 18-09-73T18-09-73  
Ecuador26-6-4521-12-45R21-12-45  
Egypte26-6-4522-10-45R24-10-45  
El Salvador26-6-4526-09-45R24-10-45  
Equatoriaal Guinee 12-11-68T12-11-68  
Eritrea 28-05-93T28-05-93  
Estland 17-09-91T17-09-91  
Ethiopië26-6-4513-11-45R13-11-45  
Fiji-eilanden 13-10-70T13-10-70  
Filippijnen, de26-6-4511-10-45R24-10-45  
Finland 14-12-55T14-12-55  
Frankrijk26-6-4531-08-45R24-10-45  
Gabon 20-09-60T20-09-60  
Gambia 21-09-65T21-09-65  
Georgië 31-07-92T31-07-92  
Ghana 08-03-57T08-03-57  
Grenada 17-09-74T17-09-74  
Griekenland26-6-4525-10-45R25-10-45  
Guatemala26-6-4521-11-45R21-11-45  
Guinee 12-12-58T12-12-58  
Guinee-Bissau 17-09-74T17-09-74  
Guyana 20-09-66T20-09-66  
Haïti26-6-4527-09-45R24-10-45  
Honduras26-6-4517-12-45R17-12-45  
Hongarije 14-12-55T14-12-55  
Ierland 14-12-55T14-12-55  
IJsland 09-11-46T19-11-46  
India26-6-4530-10-45R30-10-45  
Indonesië 28-09-50T28-09-50  
Irak26-6-4521-12-45R21-12-45  
Iran26-6-4516-10-45R24-10-45  
Israël 11-05-49T11-05-49  
Italië 14-12-55T14-12-55  
Ivoorkust 20-09-60T20-09-60  
Jamaica 18-09-62T18-09-62  
Japan 18-12-56T18-12-56  
Jemen 30-09-47T30-09-47  
Joegoslavië (25-06-1991)26-6-4519-10-45R24-10-45  
Jordanië 14-12-55T14-12-55  
Kaapverdië 16-09-75T16-09-75  
Kameroen 20-09-60T20-09-60  
Kazachstan 02-03-92T02-03-92  
Kenia 16-12-63T16-12-63  
Kiribati 14-09-99T14-09-99  
Koeweit 14-05-63T14-05-63  
Kroatië 22-05-92T22-05-92  
Kyrgyzstan 02-03-92T02-03-92  
Laos 14-12-55T14-12-55  
Lesotho 17-10-66T17-10-66  
Letland 17-09-91T17-09-91  
Libanon26-6-4515-10-45R24-10-45  
Liberia26-6-4502-11-45R02-11-45  
Libië 14-12-55T14-12-55  
Liechtenstein 18-09-90T18-09-90  
Litouwen 17-09-91T17-09-91  
Luxemburg26-6-4517-10-45R24-10-45  
Macedonië, Voormalige Joegoslavische Republiek 08-04-93T08-04-93  
Madagascar 20-09-60T20-09-60  
Malawi 01-12-64T01-12-64  
Maldiven, de 21-09-65T21-09-65  
Maleisië 17-09-57T17-09-57  
Mali 28-09-60T28-09-60  
Malta 01-12-64T01-12-64  
Marokko 12-11-56T12-11-56  
Marshall-eilanden, de 17-09-91T17-09-91  
Mauritanië 27-10-61T27-10-61  
Mauritius 24-04-68T24-04-68  
Mexico26-6-4507-11-45R07-11-45  
Micronesia 17-09-91T17-09-91  
Moldavië 02-03-92T02-03-92  
Monaco 28-05-93T28-05-93  
Mongolië 27-10-61T27-10-61  
Mozambique 16-09-75T16-09-75  
Myanmar 19-04-48T19-04-48  
Namibië 23-04-90T23-04-90  
Nauru 14-09-99T14-09-99  
Nederlanden, het Koninkrijk der26-6-4510-12-45R10-12-45  
Nepal 14-12-55T14-12-55  
Nicaragua26-6-4506-09-45R24-10-45  
Nieuw-Zeeland26-6-4519-09-45R24-10-45  
Niger 20-09-60T20-09-60  
Nigeria 07-10-60T07-10-60  
Noord-Korea 17-09-91T17-09-91  
Noorwegen26-6-4527-11-45R27-11-45  
Oeganda 25-10-62T25-10-62  
Oekraïne26-6-4524-10-45R24-10-45  
Oezbekistan 02-03-92T02-03-92  
Oman 07-10-71T07-10-71  
Oost-Timor 27-09-02T27-09-02  
Oostenrijk 14-12-55T14-12-55  
Pakistan 30-09-47T30-09-47  
Palau 15-12-94T15-12-94  
Panama26-6-4513-11-45R13-11-45  
Papua-Nieuw Guinea 10-10-75T10-10-75  
Paraguay26-6-4512-10-45R24-10-45  
Peru26-6-4531-10-45R31-10-45  
Polen15-10-4524-10-45R24-10-45  
Portugal 14-12-55T14-12-55  
Qatar 21-09-71T21-09-71  
Roemenië 14-12-55T14-12-55  
Russische Federatie26-6-4524-10-45R24-10-45  
Rwanda 18-09-62T18-09-62  
Salomonseilanden 19-09-78T19-09-78  
Samoa 15-12-76T15-12-76  
San Marino 02-03-92T02-03-92  
Sao Tomé en Principe 16-09-75T16-09-75  
Saudi-Arabië26-6-4518-10-45R24-10-45  
Senegal 28-09-60T28-09-60  
Servië en Montenegro 01-11-00T01-11-00  
Seychellen, de 21-09-76T21-09-76  
Sierra Leone 27-09-61T27-09-61  
Singapore 21-09-65T21-09-65  
Sint Kitts en Nevis 23-09-83T23-09-83  
Sint Lucia 18-09-79T18-09-79  
Sint Vincent en de Grenadines 16-09-80T16-09-80  
Slovenië 22-05-92T22-05-92  
Slowakije  T19-01-93  
Soedan 12-11-56T12-11-56  
Somalië 20-09-60T20-09-60  
Spanje 14-12-55T14-12-55  
Sri Lanka 14-12-55T14-12-55  
Suriname 04-12-75T04-12-75  
Swaziland 24-09-68T24-09-68  
Syrië26-6-4519-10-45R24-10-45  
Tadzjikistan 02-03-92T02-03-92  
Tanzania 14-12-61T14-12-61  
Thailand 15-12-46T16-12-46  
Togo 20-09-60T20-09-60  
Tonga 14-09-99T14-09-99  
Trinidad en Tobago 18-09-62T18-09-62  
Tsjaad 20-09-60T20-09-60  
Tsjechië 19-01-93T19-01-93  
Tsjechoslowakije26-6-4519-10-45R24-10-45  
Tunesië 12-11-56T12-11-56  
Turkije26-6-4528-09-45R24-10-45  
Turkmenistan 02-03-92T02-03-92  
Tuvalu 05-09-00T05-09-00  
Uruguay26-6-4518-12-45R18-12-45  
Vanuatu 15-09-81T15-09-81  
Venezuela26-6-4515-11-45R15-11-45  
Verenigd Koninkrijk, het26-6-4520-10-45R24-10-45  
Verenigde Arabische Emiraten, de 09-12-71T09-12-71  
Verenigde Staten van Amerika, de26-6-4508-08-45R24-10-45  
Vietnam 20-09-77T20-09-77  
Zambia 01-12-64T01-12-64  
Zimbabwe 25-08-80T25-08-80  
Zuid-Afrika26-6-4507-11-45R07-11-45  
Zuid-Korea 17-09-91T17-09-91  
Zweden 09-11-46T19-11-46  
Zwitserland 10-09-02T10-09-02  

1) DO=Definitieve ondertekening, R=Ratificatie, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebondenheid

G. INWERKINGTREDING

Zie Trb. 1951, 44.

J. VERWIJZINGEN

Zie voor verwijzingen en andere verdragsgegevens, laatstelijk, Trb. 2001, 179.

Verwijzingen naar Resolutie 1390

Titel:Sanctieregeling Osama bin Laden, Al-Qa'ida en Taliban 2002
Tekst:Staatscourant 24 juni 2002, nr. 117/pag. 11
Titel:Resolutie 1455 van de VN Veiligheidsraad, 17 januari 2003
   
Titel:Resolutie 1526 van de VN Veiligheidsraad, 30 januari 2004

Verwijzingen naar Resolutie 1483

Titel:Sanctieregeling Irak 2003 II
Tekst:Staatscourant 21 juli 2003, nr. 137/pag. 10
Titel:Beoordeling asielaanvragen van personen van Iraakse nationaliteit
Tekst:Staatscourant 1 augustus 2003, nr. 146/pag. 8
Titel:Wijziging Sanctieregeling Irak 2003 II
Tekst:Staatscourant 24 december 2003, nr. 249/pag. 8
   
Titel:Sanctieregeling Irak 2004
Tekst:Staatscourant 3 mei 2004, nr. 83/pag. 15
   
Titel:Sanctieregeling Irak 2004 II
Tekst:Staatscourant 19 mei 2004, nr. 95/pag. 13
Verwijzingen naar Resolutie 1493
   
Titel:Sanctieregeling Congo 2003
Tekst:Staatscourant 20 november 2003, nr. 225/pag. 12
   
Titel:Resolutie 1552 van de VN Veiligheidsraad, 27 juli 2004
   
Verwijzingen naar Resolutie 1521
   
Titel:Sanctieregeling Liberia 2004 II
Tekst:Staatscourant 20 september 2004, nr. 180/pag. 13
   
Titel:Resolutie 1549 van de VN Veiligheidsraad, 17 juni 2004
   
Verwijzing naar Resolutie 1532
   
Titel:Sanctieregeling Liberia 2004
Tekst:Staatscourant 13 juli 2004, nr. 131/pag. 9

Uitgegeven de negentiende oktober 2004

De Minister van Buitenlandse Zaken,

B. R. BOT

Naar boven