RESOLUTIONS AND STATEMENTS OF THE SECURITY COUNCIL 2002
| Press Release SC/7630 |
RESOLUTIONS AND STATEMENTS
OF THE SECURITY COUNCIL
2002
CONTENTS
Chronology of 2002 Security Council Resolutions
Chronology of 2002 Security Council Presidential Statements
Security Council Presidency 2002, Security Council Members 2002
Security Council Presidential Statements
Peacekeeping Operations Subject to Security Council Action in 2002
CHRONOLOGY OF SECURITY COUNCIL RESOLUTIONS
S/RES/1387 Extension of UN Mission of Observers in Prevlaka
S/RES/1388 Lifting of restrictions on Afghan airline
S/RES/1389 Security tasks for UN Sierra Leone Mission in May elections
S/RES/1390 Continuation of sanctions against Usama bin Laden
S/RES/1391 Extension of UN Interim Force in Lebanon
S/RES/1392 Extension of UN Transitional Administration in East Timor
S/RES/1393 Extension of UN Observer Mission in Georgia
S/RES/1394 Extension of UN Mission for the Referendum in Western Sahara
S/RES/1395 Re-establishment of Liberia sanctions panel
S/RES/1396 Welcoming of EU police mission offer in Bosnia and Herzegovina
S/RES/1397 Demand for cessation of Middle East violence
S/RES/1398 Extension of UN Mission in Ethiopia and Eritrea
S/RES/1399 Condemnation of resumed fighting in Democratic Republic of the Congo
S/RES/1400 Extension of UN Mission in Sierra Leone
S/RES/1401 Establishment of UN Assistance Mission in Afghanistan
S/RES/1402 Call for Middle East ceasefire
S/RES/1403 Demand for implementation of resolution 1402
S/RES/1404 Extension of Angola sanctions monitoring mechanism
S/RES/1405 Welcomes fact-finding team on Jenin refugee camp
S/RES/1406 Extension of UN Mission for the Referendum in Western Sahara
S/RES/1407 Assessment team for panel to investigate Somalia arms embargo violations
S/RES/1408 Extension of Liberia sanctions
S/RES/1409 Extension of “oil-for food” programme, approval of revised sanctions
S/RES/1410 Establishment of UN Mission of Support in East Timor
S/RES/1411 Amendment of statutes of international tribunals
S/RES/1412 Suspension of travel restrictions for UNITA officials
S/RES/1413 Extension of Afghanistan Security Force
S/RES/1414 Admission of East Timor
S/RES/1415 Extension of UN Disengagement Observer Force
S/RES/1416 Extension of UN Peacekeeping Force in Cyprus
S/RES/1417 Extension of UN Organization Mission in Democratic Republic of Congo
S/RES/1418 Extension of UN Mission in Bosnia and Herzegovina
S/RES/1419 Commendation of Afghan people on successful emergency meeting
S/RES/1420 Extension of UN Mission in Bosnia and Herzegovina
S/RES/1421 Extension of UN Mission in Bosnia and Herzegovina
S/RES/1422 Limiting jurisdiction of International Criminal Court
S/RES/1423 Extension of UN Mission in Bosnia and Herzegovina
S/RES/1424 Extension of UN Mission of Observers in Prevlaka
S/RES/1425 Recommendation of panel to study Somalia arms embargo violations
S/RES/1426 Admission of Switzerland
S/RES/1427 Extension of UN Observer Mission in Georgia
S/RES/1428 Extension of UN Interim Force in Lebanon
S/RES/1429 Extension of UN Mission for the Referendum in Western Sahara
S/RES/1430 Adjustment of United Nations Mission in Ethiopia and Eritrea mandate
S/RES/1431 Establishment of ad litem judge pool for Rwanda Tribunal
S/RES/1432 Extension of suspension on travel restrictions for UNITA officials
S/RES/1433 Establishment of UN Mission in Angola
S/RES/1434 Extension of UN Mission in Ethiopia and Eritrea
S/RES/1435 Demand for halt to Israeli measures in Ramallah
S/RES/1436 Extension of UN Mission in Sierra Leone
S/RES/1437 Extension of UN Mission of Observers in Prevlaka
S/RES/1438 Condemnation of bomb attacks in Bali, Indonesia
S/RES/1439 Lifting of travel ban on UNITA officials
S/RES/1440 Condemnation of Moscow hostage-taking
S/RES/1441 Iraqi material breach of disarmament obligations
S/RES/1442 Extension of UN Peacekeeping Force in Cyprus
S/RES/1443 Extension of “oil-for-food” programme
S/RES/1444 Extension of Afghanistan Security Force
S/RES/1445 Expansion of troop level in Democratic Republic of the Congo
S/RES/1446 Extension of prohibition of import of Sierra Leone rough diamonds
S/RES/1447 Extension of “oil-for-food” programme
S/RES/1448 End of sanctions on UNITA
S/RES/1449 Rwanda Tribunal nominees
S/RES/1450 Condemnation of terrorist attack in Kenya
S/RES/1451 Extension of UN Disengagement Observer Force
S/RES/1452 Adjustment of provisions for Taliban, Al Qaeda funds
S/RES/1453 Endorsement of Kabul declaration
S/RES/1454 Adjustment of “oil-for-food” procedures, restrictions
CHRONOLOGY OF SECURITY COUNCIL PRESIDENTIAL STATEMENTS
S/PRST/2002/1 Call for confidence-building between Ethiopia, Eritrea
S/PRST/2002/2 Conflict prevention, peacekeeping cooperation in Africa
S/PRST/2002/3 Support for Burundi Transitional Government
S/PRST/2002/4 Support for special representative for Kosovo
S/PRST/2002/5 Withdrawal of foreign troops from Democratic Republic of the Congo
S/PRST/2002/6 Objectives for protecting civilians in armed conflict
S/PRST/2002/7 Angolan Government intention to cease offensives
S/PRST/2002/8 Working mission to Somalia
S/PRST/2002/9 Support for joint statement on Middle East
S/PRST/2002/10 Support for Counter-Terrorism Committee
S/PRST/2002/11 Progress in Kosovo
S/PRST/2002/12 Children in armed conflict
S/PRST/2002/13 East Timor independence
S/PRST/2002/14 Sierra Leone elections
S/PRST/2002/15 Admission of East Timor
S/PRST/2002/16 Territorial integrity of Kosovo
S/PRST/2002/17 Killings in Kisangani, Democratic Republic of the Congo
S/PRST/2002/18 Extension of UN Disengagement Observer Force
S/PRST/2002/19 Intimidation, anti-UN statements in Democratic Republic of the Congo
S/PRST/2002/20 Support for Quartet statement on Middle East
S/PRST/2002/21 Transfer of former Yugoslavia tribunal cases to national courts
S/PRST/2002/22 Perpetrators of Kisangani massacres
S/PRST/2002/23 Admission of Switzerland
S/PRST/2002/24 Support for Democratic Republic of the Congo agreement
S/PRST/2002/25 Anniversary of 11 September attacks on United States
S/PRST/2002/26 Continuation of Counter-Terrorism Committee
S/PRST/2002/27 Call for halt to hostilities in Democratic Republic of the Congo
S/PRST/2002/28 Cooperation between Chad, Central African Republic
S/PRST/2002/29 Voter participation in Kosovo municipal elections
S/PRST/2002/30 Limitation on illicit small arms trade
S/PRST/2002/31 Stronger partnership between UN, Central African States
S/PRST/2002/32 Role of women in peacekeeping, post-conflict situations
S/PRST/2002/33 Conclusion of Bosnia and Herzegovina mission
S/PRST/2002/34 Agreement between Croatia, Yugoslavia on Prevlaka Peninsula
S/PRST/2002/35 Cessation of hostilities in Somalia
S/PRST/2002/36 Lack of compliance with arms embargo in Liberia
S/PRST/2002/37 Extension of UN Disengagement Observer Force
S/PRST/2002/38 Counter-Terrorism Committee relations with similar organizations
S/PRST/2002/39 Cooperation with Yugoslavia, Rwanda tribunals
S/PRST/2002/40 Ceasefire in Burundi
S/PRST/2002/41 Condemnation of violence against civilians
S/PRST/2002/42 Condemnation of attempted overthrow in Côte d’Ivoire
Presidents of the Security Councilin 2002:
January Mauritius
February Mexico
March Norway
April Russian Federation
May Singapore
June Syria
July United Kingdom
August United States
September Bulgaria
October Cameroon
November China
December Colombia
Security CouncilMembers in 2002:
Bulgaria, Cameroon, China, Colombia, France, Guinea, Ireland, Mauritius, Mexico, Norway, Russian Federation, Singapore, Syria, United Kingdom, United States.
RESOLUTIONS ADOPTED BY THE SECURITY COUNCIL IN 2002S/RES/1387 Extension of UNMission of Observers in Prevlaka
Date: 15 January 2002 Meeting: 4448
Vote: Unanimous
The Security Council,
Recalling all its earlier relevant resolutions, including resolutions 779 (1992) of 6 October 1992, 981 (1995) of 31 March 1995, 1088 (1996) of 12 December 1996, 1147 (1998) of 13 January 1998, 1183 (1998) of 15 July 1998, 1222 (1999) of 15 January 1999, 1252 (1999) of 15 July 1999, 1285 (2000) of 13 January 2000, 1307 (2000) of 13 July 2000, 1335 (2001) of 12 January 2001, 1357 (2001) of 21 June 2001 and 1362 (2001) of 11 July 2001,
Having considered the report of the Secretary-General of 2 January 2002 (S/2002/1) on the United Nations Mission of Observers in Prevlaka (UNMOP),
Recalling also the letters to its President from the Chargé d’affaires a.i. of the Permanent Mission of Yugoslavia of 28 December 2001 (S/2001/1301) and from the Permanent Representative of Croatia of 7 January 2002 (S/2002/29), concerning the disputed area of Prevlaka,
Reaffirming once again its commitment to the independence, sovereignty and territorial integrity of the Republic of Croatia within its internationally recognized borders,
Noting once again the Joint Declaration signed at Geneva on 30 September 1992 by the Presidents of the Republic of Croatia and the Federal Republic of Yugoslavia, in particular articles 1 and 3 thereof the latter reaffirming their agreement concerning the demilitarization of the Prevlaka peninsula, and the Agreement on Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia of 23 August 1996 (S/1996/706, annex),
Noting with satisfaction that the overall situation in the UNMOP area of responsibility has remained stable and calm, and encouraged by the agreement of both sides to establish an interstate Border Commission,
Commending the role played by UNMOP, and noting also that the presence of the United Nations military observers continues to be important in maintaining conditions that are conducive to a negotiated settlement of the disputed issue of Prevlaka,
Recalling the relevant principles contained in the Convention on the Safety of the United Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President of 10 February 2000 (S/PRST/2000/4),
1. Authorizes the United Nations military observers to continue monitoring the demilitarization of the Prevlaka peninsula, in accordance with resolutions 779 (1992) and 981 (1995) and paragraphs 19 and 20 of the report of the Secretary-General of 13 December 1995 (S/1995/1028), until 15 July 2002, and requests the Secretary-General to continue to report to the Council where appropriate;
2. Reiterates its calls upon the parties to cease all violations of the demilitarized regime in the United Nations designated zones, to cooperate fully with the United Nations military observers and to ensure their safety and full and unrestricted freedom of movement;
3. Welcomes continuing progress in the normalization of relations between the Governments of the Republic of Croatia and the Federal Republic of Yugoslavia and the establishment of an interstate Border Commission,
and urges the parties to accelerate efforts towards a negotiated settlement on the disputed issue of Prevlaka in accordance with article 4 of the Agreement on Normalization of Relations;
4. Encourages the parties to consider all confidence-building measures, including the options provided to them pursuant to resolution 1252 (1999), that could help facilitate a solution to the disputed issue of Prevlaka;
5. Requests the parties to continue to report at least bimonthly to the Secretary-General on the status of their bilateral negotiations and on progress in beginning the work of the interstate Border Commission;
6. Requests the United Nations military observers and the multinational stabilization force authorized by the Council in resolution 1088 (1996) of 12 December 1996 and extended by resolution 1357 (2001) of 21 June 2001 to cooperate fully with each other;
7. Decides to remain seized of the matter.
S/RES/1388 Lifting of restrictions on Afghan airline
Date: 15 January 2002 Meeting: 4449
Vote: Unanimous
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999 and 1333 (2000) of 19 December 2000,
Noting that Ariana Afghan Airlines is no longer owned, leased or operated by or on behalf of the Taliban, nor are its funds and other financial resources owned or controlled, directly or indirectly, by the Taliban,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of paragraph 4 (a) and (b) of resolution 1267 (1999) do not apply to Ariana Afghan Airlines aircraft or Ariana Afghan Airlines funds and other financial resources;
2. Decides to terminate the measure provided for by paragraph 8 (b) of resolution 1333 (2000);
3. Decides to remain actively seized of the matter.
S/RES/1389 Security tasks for UN Sierra Leone Mission in May elections
Date: 16 January 2002 Meeting: 4451
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and the statements of its President concerning the situation in Sierra Leone,
Affirming the commitment of all States to respect the sovereignty, political independence and territorial integrity of Sierra Leone,
Welcoming the significant progress made in the peace process in Sierra Leone, determining that the situation in Sierra Leone continues to constitute a threat to international peace and security in the region, and calling for the further consolidation and advancement of the peace process,
Welcoming the official completion of the disarmament process, calling for the continuation of efforts to collect arms remaining in the hands of the civilian population, including ex-combatants, and urging the international community to provide adequate resources for the reintegration programme,
Emphasizing the importance of free, fair, transparent and inclusive elections for the long-term stability of Sierra Leone, and, in this regard, stressing the importance of all political parties having the freedom to campaign and having unrestricted access to the media,
Welcoming the progress made by the Government of Sierra Leone and the National Electoral Commission of Sierra Leone in preparing for elections, with the assistance of the United Nations Mission in Sierra Leone (UNAMSIL), and encouraging further efforts, particularly by the National Electoral Commission, in this regard,
Stressing the primary responsibility of the Sierra Leone Police for the maintenance of law and order,
Having considered the report of the Secretary-General of 13 December 2001 (S/2001/1195), and taking note of the request by the National Electoral Commission of Sierra Leone to the United Nations to provide support for the elections,
1. Decides that, further to paragraph 8 (i) of resolution 1270 (1999) of 22 October 1999, in order to facilitate the smooth holding of elections, UNAMSIL shall undertake election-related tasks within the parameters set out in paragraphs 48 to 62 of the Secretary-General’s report of 13 December 2001 (S/2001/1195), within its existing mandate, capabilities and areas of deployment and in the light of conditions on the ground, and decides that these tasks shall include:
(a) Assisting with logistic support to the National Electoral Commission for the transport of electoral materials and personnel, including the use of the air assets of UNAMSIL to reach areas inaccessible by road, the storage and distribution of election materials prior to the elections, the movement of ballot papers after the elections, logistic assistance to international election observers, and the use of the civilian communications facilities of UNAMSIL in the provinces;
(b) Facilitating the free movement of people, goods and humanitarian assistance throughout the country;
(c) The provision of wider security and deterrence, through its presence and within the framework of its mandate, throughout the period of preparation for the elections, the polling period itself, and the period immediately after the announcement of the election results, and, exceptionally, being prepared to respond to situations of public disorder, with the Sierra Leone police taking the lead, especially in the vicinity of polling stations and the locations of other related activities;
2. Reiterates its authorization to UNAMSIL, under Chapter VII of the Charter of the United Nations, as provided for in resolution 1270 (1999) of 22 October 1999 and resolution 1289 (2000) of 7 February 2000, to take the necessary action to fulfil the tasks set out in paragraphs 1 (b) and 1 (c) above, and reaffirms that, in the discharge of its mandate, UNAMSIL may take the necessary action to ensure the security and freedom of movement of its personnel and, within its capabilities and areas of deployment, to afford protection to civilians under imminent threat of physical violence, taking into account the responsibilities of the Government of Sierra Leone, including the Sierra Leone Police;
3. Authorizes the increase in the United Nations civilian police proposed by the Secretary-General in his report of 13 December 2001 (S/2001/1195), encourages the Secretary-General to request a further increase if appropriate, and endorses the Secretary-General’s recommendation that the United Nations civilian police should perform the following tasks:
(a) To advise and support the Sierra Leone Police in carrying out their election-related responsibilities;
(b) To assist the Sierra Leone Police to devise and implement an electoral training programme for their personnel, focused mainly on establishing security for public events, human rights and police conduct;
4. Welcomes the interim establishment of an electoral component in UNAMSIL aimed at strengthening UNAMSIL’s contribution to facilitating, in particular, the coordination of electoral activities between the National Electoral Commission, the Government of Sierra Leone and other national and international stakeholders;
5. Welcomes the intention of UNAMSIL, as indicated in the Secretary-General’s report of 13 December 2001 (S/2001/1195), to establish in each electoral region a UNAMSIL electoral office from which to monitor the electoral process, and to provide, within available resources, assistance to international election observers;
6. Notes with appreciation the ongoing support provided by the Public Information Section of UNAMSIL to the National Electoral Commission in designing and implementing a civic education and public information strategy, and encourages UNAMSIL to continue these efforts;
7. Underlines the responsibility of the Government of Sierra Leone and the National Electoral Commission for the holding of free and fair elections and encourages the international community to provide generous support and assistance to that end;
8. Decides to remain actively seized of the matter.
S/RES/1390 Continuation of sanctions against Usama bin Laden
Date: 16 January 2002 Meeting: 4452
Vote: Unanimous
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000 and 1363 (2001) of 30 July 2001,
Reaffirming its previous resolutions on Afghanistan, in particular resolutions 1378 (2001) of 14 November 2001 and 1383 (2001) of 6 December 2001,
Reaffirming also its resolutions 1368 (2001) of 12 September 2001 and 1373 (2001) of 28 September 2001, and reiterating its support for international efforts to root out terrorism, in accordance with the Charter of the United Nations,
Reaffirming its unequivocal condemnation of the terrorist attacks which took place in New York, Washington and Pennsylvania on 11 September 2001, expressing its determination to prevent all such acts, noting the continued activities of Usama bin Laden and the Al-Qaida network in supporting international terrorism, and expressing its determination to root out this network,
Noting the indictments of Usama bin Laden and his associates by the United States of America for, inter alia, the 7 August 1998 bombings of the United States embassies in Nairobi, Kenya and Dar es Salaam, Tanzania,
Determining that the Taliban have failed to respond to the demands in paragraph 13 of resolution 1214 (1998) of 8 December 1998, paragraph 2 of resolution 1267 (1999) and paragraphs 1, 2 and 3 of resolution 1333 (2000),
Condemning the Taliban for allowing Afghanistan to be used as a base for terrorists training and activities, including the export of terrorism by the Al-Qaida network and other terrorist groups as well as for using foreign mercenaries in hostile actions in the territory of Afghanistan,
Condemning the Al-Qaida network and other associated terrorist groups, for the multiple criminal, terrorist acts, aimed at causing the deaths of numerous innocent civilians, and the destruction of property,
Reaffirming further that acts of international terrorism constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to continue the measures imposed by paragraph 8 (c) of resolution 1333 (2000) and takes note of the continued application of the measures imposed by paragraph 4 (b) of resolution 1267 (1999), in accordance with paragraph 2 below, and decides to terminate the measures imposed in paragraph 4 (a) of resolution 1267 (1999);
2. Decides that all States shall take the following measures with respect to Usama bin Laden, members of the Al-Qaida organization and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) to be updated regularly by the Committee established pursuant to resolution 1267 (1999) hereinafter referred to as “the Committee”;
(a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled, directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economicresources are made available, directly or indirectly, for such persons’ benefit, by their nationals or by any persons within their territory;
(b) Prevent the entry into or the transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry into or require the departure from its territories of its own nationals and thisparagraphshall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case by case basis only that entry or transit is justified;
(c) Prevent the direct or indirect supply, sale and transfer, to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities;
3. Decides that the measures referred to in paragraphs 1 and 2 above will be reviewed in 12 months and that at the end of this period the Council will either allow these measures to continue or decide to improve them, in keeping with the principles and purposes of this resolution;
4. Recalls the obligation placed upon all Member States to implement in full resolution 1373 (2001), including with regard to any member of the Taliban and the Al-Qaida organization, and any individuals, groups, undertakings and entities associated with the Taliban and the Al-Qaida organization, who have participated in the financing, planning, facilitating and preparation or perpetration of terrorist acts or in supporting terrorist acts;
5. Requests the Committee to undertake the following tasks and to report on its work to the Council with its observations and recommendations;
(a) to update regularly the list referred to in paragraph 2 above, on the basis of relevant information provided by Member States and regional organizations;
(b) to seek from all States information regarding the action taken by them to implement effectively the measures referred to in paragraph 2 above, and thereafter to request from them whatever further information the Committee may consider necessary;
(c) to make periodic reports to the Council on information submitted to the Committee regarding the implementation of this resolution;
(d) to promulgate expeditiously such guidelines and criteria as may be necessary to facilitate the implementation of the measures referred to in paragraph 2 above;
(e) to make information it considers relevant, including the list referred to in paragraph 2 above, publicly available through appropriate media;
(f) to cooperate with other relevant Security Council Sanctions Committees and with the Committee established pursuant toparagraph 6 of its resolution 1373 (2001);
6. Requests all States to report to the Committee, no later than 90 days fromthe date of adoption of this resolution and thereafter according to a timetable to be proposed by the Committee, on the steps they have taken to implement the measures referred to in paragraph 2 above;
7. Urges all States, relevant United Nations bodies, and, as appropriate, other organizations and interested parties to cooperate fully with the Committee and with the Monitoring Group referred to in paragraph 9 below;
8. Urges all States to take immediate steps to enforce and strengthen through legislative enactments or administrative measures, where appropriate, the measures imposed under domestic laws or regulations against their nationals and other individuals or entities operating on their territory, to prevent and punish violations of the measures referred to in paragraph 2 of this resolution, and to inform the Committee of the adoption of such measures, and invites States to report the results of all related investigations or enforcement actions to the Committee unless to do so would compromise the investigation or enforcement actions;
9. Requests the Secretary-General to assign the Monitoring Group established pursuant to paragraph 4 (a) of resolution 1363 (2001), whose mandate expires on 19 January 2002, to monitor, for a period of 12 months, the implementation of the measures referred to in paragraph 2 of this resolution;
10. Requests the Monitoring Group to report to the Committee by 31 March 2002 and thereafter every 4 months;
11. Decides to remain actively seized of the matter.
S/RES/1391 Extension of UNInterim Force in Lebanon
Date: 28 January 2002 Meeting: 4455
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978) and 426 (1978) of 19 March 1978, 1310 (2000) of 27 July 2000, 1337 (2001) of 30 January 2001 and 1365 (2001) of 31 July 2001, as well as the statements of its President on the situation in Lebanon, in particular the statement of 18 June 2000 (S/PRST/2000/21),
Recalling further the letter from its President to the Secretary-General of 18 May 2001 (S/2001/500),
Recalling also the Secretary-General’s conclusion that, as of 16 June 2000, Israel had withdrawn its forces from Lebanon in accordance with resolution 425 (1978) and met the requirements defined in the Secretary-General’s report of 22 May 2000 (S/2000/460), as well as the Secretary-General’s conclusion that the United Nations Interim Force in Lebanon (UNIFIL) had essentially completed two of the three parts of its mandate, focusing now on the remaining task of restoring international peace and security,
Emphasizing the interim nature of UNIFIL,
Recalling its resolution 1308 (2000) of 17 July 2000,
Recalling further the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Responding to the request of the Government of Lebanon, as stated in the letter from its Permanent Representative to the United Nations of 9 January 2002 to the Secretary-General (S/2002/40),
1. Welcomes the report of the Secretary-General on UNIFIL of 16 January 2002 (S/2002/55), and endorses his observations and recommendations;
2. Decides to extend the present mandate of UNIFIL, as recommended by the Secretary-General, for a further period of six months, until 31 July 2002;
3. Requests the Secretary-General to continue to take the necessary measures to implement the reconfiguration of UNIFIL as outlined in his recent report and in accordance with the letter of the President of the Security Council of 18 May 2001, in the light of developments on the ground and in consultation with the Government of Lebanon and the troop-contributing countries;
4. Reiterates its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized boundaries;
5. Calls on the Government of Lebanon to continue to take steps to ensure the return of its effective authority throughout the south, including the deployment of Lebanese armed forces;
6. Calls on the parties to ensure UNIFIL is accorded full freedom of movement in the discharge of its mandate throughout its area of operation;
7. Encourages the Government of Lebanon to ensure a calm environment throughout the south;
8. Reiterates its call on the parties to continue to fulfil the commitments they have given to respect fully the withdrawal line identified by the United Nations, as set out in the Secretary-General’s report of 16 June 2000 (S/2000/590), to exercise utmost restraint and to cooperate fully with the United Nations and UNIFIL;
9. Condemns all acts of violence, expresses great concern about the serious breaches in the air, sea and land violations of the withdrawal line, and urges the parties to put an end to these violations and to respect the safety of the UNIFIL personnel;
10. Supports the continued efforts of UNIFIL to maintain the ceasefire along the withdrawal line through mobile patrols and observation from fixed positions and through close contacts with the parties to correct violations, resolve incidents and prevent the escalation of incidents;
11. Welcomes the continued contribution of UNIFIL to operational demining, encourages further assistance in mine action by the United Nations to the Government of Lebanon in support of both the continued development of its national mine action capacity and emergency demining activities in the south, commends donor countries for supporting these efforts through financial and in-kind contributions and welcomes in this regard the establishment of the International Support Group, takes note of the communication to the Government of Lebanon and UNIFIL of maps and information on the location of mines and stresses the necessity to provide the Government of Lebanon and UNIFIL with any additional maps and records on the location of mines;
12. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned on the implementation of this resolution;
13. Requests also the Secretary-General, following appropriate consultations, including with the Government of Lebanon and the troop-contributing countries, to submit to the Council before the end of the present mandate a comprehensive report on the activities of UNIFIL, its technical reconfiguration and the tasks presently carried out by the United Nations Truce Supervision Organization (UNTSO);
14. Looks forward to the early fulfilment of the mandate of UNIFIL;
15. Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East, based on all its relevant resolutions including its resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973.
S/RES/1392 Extension of UNTransitional Administration in East Timor
Date: 31 January 2002 Meeting: 4463
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on the situation in East Timor, in particular resolutions 1272 (1999) of 25 October 1999 and 1338 (2001) of 31 January 2001, and the relevant statements of its President, in particular that of 31 October 2001 (S/PRST/2001/32),
Commending the work of the United Nations Transitional Administration in East Timor (UNTAET) and the leadership of the Special Representative of the Secretary-General in assisting the people of East Timor in laying the foundations for the transition to independence,
Recalling the Security Council’s endorsement in its statement of the President (S/PRST/2001/32) of the proposal of the Constituent Assembly of East Timor of 19 October 2001 that independence be declared on 20 May 2002, and welcoming the strenuous efforts of the Second Transitional Government and the people of East Timor to achieve independence by that date,
Having considered the report of the Secretary-General of 17 January 2002 (S/2002/80 and Corr.1) and taking note of his recommendation that the mandate of UNTAET be extended until the date of independence,
Looking forward to receiving further specific proposals from the Secretary-General for the mandate and structure for a successor United Nations mission after independence at least one month before the date of independence,
1. Welcomes the report of the Secretary-General of 17 January 2002;
2. Decides to extend the current mandate of UNTAET until 20 May 2002;
3. Decides to remain seized of the matter.
S/RES/1393 Extension of UNObserver Mission in Georgia
Date: 31 January 2002 Meeting: 4464
Vote: Unanimous
The Security Council,
Recalling all its relevant resolutions, in particular resolution 1364 (2001) of 31 July 2001,
Having considered the report of the Secretary-General of 18 January 2002 (S/2002/88),
Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,
Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Recalling its condemnation of the shooting down of a helicopter of the United Nations Observer Mission in Georgia (UNOMIG) on 8 October 2001, which resulted in the death of the nine people on board, and deploring the fact that the perpetrators of that attack have still not been identified,
Stressing that the continued lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,
Welcoming the important contributions made by UNOMIG and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) in stabilizing the situation in the zone of conflict, and stressing its attachment to the close cooperation existing between them in the performance of their respective mandates,
1. Welcomes the report of the Secretary-General of 18 January 2002;
2. Commends and strongly supports the sustained efforts of the Secretary-General and his Special Representative, with the assistance of the Russian Federation in its capacity as facilitator as well as of the Group of Friends of the Secretary-General and of the OSCE, to promote the stabilization of the situation and the achievement of a comprehensive political settlement, which must include a settlement of the political status of Abkhazia within the State of Georgia;
3. Welcomes and supports the finalization of the document on “Basic Principles for the Distribution of Competences between Tbilisi and Sukhumi” and of its letter of transmittal, with the contribution and the full support of all members of the Group of Friends, and supports the efforts of the Special Representative on the basis of these documents which are positive elements for launching the peace process between the sides;
4. Recalls that the purpose of these documents is to facilitate meaningful negotiations between the parties, under the leadership of the United Nations, on the status of Abkhazia within the State of Georgia, and is not an attempt to impose or dictate any specific solution to the parties;
5. Further recalls that the process of negotiation leading to a lasting political settlement acceptable to both sides will require concessions from both sides;
6. Strongly urges the parties, in particular the Abkhaz side, to receive the document and its transmittal letter in the near future, to give them full and open consideration, and to engage into constructive negotiations on their substance without delay thereafter, and calls on others having influence with the parties to promote this outcome;
7. Calls on the parties to spare no efforts to overcome their ongoing mutual mistrust;
8. Condemns violations of the provisions of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I), and demands that they cease immediately;
9. Welcomes and strongly supports, in this regard, the protocol signed by the two sides on 17 January 2002 regarding the situation in the Kodori Valley, calls for its full and expeditious implementation, in particular by the Georgian side, but also specifically urges the Abkhaz side to honour its undertaking not to take advantage of the withdrawal of Georgian troops, recognizes the legitimate security concerns of the civilian populations in the area, calls on the political leaders in Tbilisi and Sukhumi to observe security agreements, and further calls on them publicly to dissociate themselves from militant rhetoric and demonstrations of support for military options and for the activities of illegal armed groups;
10. Urges the parties to ensure the necessary revitalization of the peace process in all its major aspects, to resume their work in the Coordinating Council and its relevant mechanisms, to build on the results of the Yalta meeting on confidence-building measures in March 2001 (S/2001/242), and to implement the proposals agreed on that occasion in a purposeful and cooperative manner;
11. Expresses its deep dismay at the lack of progress on the question of the refugees and internally displaced persons, reaffirms the unacceptability of the demographic changes resulting from the conflict, reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II), recalls that the Abkhaz side bears a particular responsibility to protect the returnees and to facilitate the return of the remaining displaced population, and welcomes the measures undertaken by the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees and the Office for the Coordinator of Humanitarian Affairs to improve the situation of refugees and internally displaced persons, to develop their skills and to increase their self-reliance, with full respect for their inalienable right to return to their homes in secure and dignified conditions;
12. Urges the parties to implement the recommendations of the joint assessment mission to the Gali district, carried out under the aegis of the United Nations, calls in particular on the Abkhaz side to improve law enforcement involving the local population and to address the lack of instruction in their mother tongue for the ethnic Georgian population;
13. Welcomes the rehabilitation programmes initiated with the cooperation of the parties to serve displaced persons and returnees on both sides of the ceasefire line;
14. Calls on the parties to take all necessary steps to identify those responsible for the shooting down of a UNOMIG helicopter on 8 October 2001 and to bring them to justice, expresses also its concern at the disturbing tendency by the parties to restrict the freedom of movement of UNOMIG, thereby hindering the ability of the Mission to fulfil its mandate, including through effective patrolling, and underlines that it is the primary responsibility of both sides to provide appropriate security and to ensure the freedom of movement of UNOMIG, the CIS peacekeeping force and other international personnel;
15. Reminds the Georgian side in particular to uphold its commitment to put an end to the activities of illegal armed groups crossing into Abkhazia, Georgia, from the Georgian-controlled side of the ceasefire line;
16. Welcomes constant review by UNOMIG of its security arrangements in order to ensure the highest possible level of security for its staff;
17. Decides to extend the mandate of UNOMIG for a new period terminating on 31 July 2002,and to review the mandate of UNOMIG unless the decision on the extension of the presence of the CIS peacekeeping force is taken by 15 February 2002, and, in this respect, notes that on 31 January 2002 the Georgian authorities agreed on the extension of the mandate of the CIS peacekeeping force until the end of June 2002;
18. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;
19. Decides to remain actively seized of the matter.
S/RES/1394 Extension of UNMission for the Referendum in Western Sahara
Date: 27 February 2002 Meeting: 4480
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on the question of Western Sahara and its commitment to assist the parties to achieve a just, lasting and mutually acceptable solution,
Taking note of the report of the Secretary-General of 19 February 2002 (S/2002/178),
1. Decides, as recommended by the Secretary-General in his report of 19 February 2002, to extend the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2002 and to consider actively the options described in his report, addressing this issue in its programme of work;
2. Requests the Secretary-General to provide a report on the situation before the end of the present mandate;
3. Decides to remain seized of the matter.
S/RES/1395 Re-establishment of Liberia sanctions panel
Date: 27 February 2002 Meeting: 4481
Vote: Unanimous
Reaffirming its resolution 1343 (2001) of 7 March 2001,
Noting that the next six-monthly review by the Security Council of the measures imposed by paragraphs 5 to 7 of resolution 1343 (2001), is scheduled to take place on or before 6 May 2002,
Recognizing the importance of monitoring the implementation of the provisions contained in resolution 1343 (2001),
1. Takes note of the report of the Panel of Experts on Liberia dated 26 October 2001 (S/2001/1015) submitted pursuant to paragraph 19 of resolution 1343 (2001);
2. Expresses its intention to give full consideration to the report;
3. Decides, in the meanwhile, to re-establish the Panel of Experts appointed pursuant to paragraph 19 of resolution 1343 (2001) for a further period of five weeks commencing no later than 11 March 2002;
4. Requests the Panel of Experts to conduct a follow-up assessment mission to Liberia and neighbouring States, in order to investigate and compile a brief independent audit of the Government of Liberia’s compliance with paragraph 2 and of any violations of paragraphs 5, 6 and 7 of resolution 1343 (2001) and to report to the Council through the Committee established by paragraph 14 of resolution 1343 (2001) no later than 8 April 2002 with the Panel’s observations and recommendations in relation to the tasks set out herein;
5. Requests the Secretary-General, upon the adoption of this resolution and acting in consultation with the Committee established by paragraph 14 of resolution 1343 (2001), to appoint no more than five experts, drawing as much as possible and as appropriate on the expertise of the members of the Panel of Experts appointed pursuant to paragraph 19 of resolution 1343 (2001), and further requests the Secretary-General to make the necessary financial arrangements to support the work of the Panel;
6. Calls upon all States to cooperate fully with the Panel of Experts appointed under paragraph 5 above, in the discharge of its mandate;
7. Decides to remain actively seized of the matter.
S/RES/1396 Welcoming of European Union police mission offer in Bosnia and Herzegovina
Date: 5 March 2002 Meeting: 4484
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions, including resolutions 1031 (1995) of 15 December 1995, 1088 (1996) of 12 December 1996, 1112 (1997) of 12 June 1997, 1256 (1999) of 3 August 1999, and 1357 (2001) of 21 June 2001,
Recalling also the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto (collectively the Peace Agreement, S/1995/999, annex), and the conclusions of the Peace Implementation Conferences held in Bonn on 9 and 10 December 1997 (S/1997/979, annex), Madrid on 16 and 17 December 1998 (S/1999/139, appendix), and Brussels on 23 and 24 May 2000 (S/2000/586, annex),
Welcoming the conclusions of the Steering Board of the Peace Implementation Council (PIC) on 28 February 2002 (S/2002/230) as well as the conclusions of the General Affairs Council of the European Union of 18 February 2002 (S/2002/212),
Expressing its appreciation to the Secretary-General, his Special Representative and the personnel of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), which includes the International Police Task Force (IPTF), for their contributions to the implementation of the Peace Agreement and preparations for the efficient transition to the follow-on to UNMIBH,
1. Welcomes and agrees to the designation by the Steering Board of the Peace Implementation Council (PIC) on 28 February 2002 of Lord Ashdown as High Representative in succession to Mr. Wolfgang Petritsch;
2. Expresses its appreciation to Mr. Wolfgang Petritsch for his achievements as the High Representative;
3. Welcomes the acceptance by the Steering Board of the PIC on 28 February 2002 of the offer made by the European Union (EU) to provide an EU Police Mission (EUPM), from 1 January 2003, to follow the end of UNMIBH’s mandate, as part of a coordinated rule of law programme, and the EU’s intention to also invite non-EU member States to participate in the EUPM;
4. Encourages coordination between UNMIBH, the EU and the High Representative in order to ensure a seamless transition of responsibilities from IPTF to the EUPM;
5. Welcomes also the PIC Steering Board conclusions on 28 February 2002 concerning the streamlining of the international civilian implementation effort in Bosnia and Herzegovina;
6. Reaffirms the importance it attaches to the role of the High Representative in pursuing the implementation of the Peace Agreement and giving guidance to and coordinating the activities of the civilian organizations and agencies involved in assisting the parties to implement the Peace Agreement;
7. Reaffirms also the final authority of the High Representative in theatre regarding the interpretation of Annex 10 on civilian implementation of the Peace Agreement;
8. Decides to remain seized of the matter.
S/RES/1397 Demand for cessation of Middle East violence
Date: 12 March 2002 Meeting: 4489
Vote: 14-0-1 In favour: Bulgaria, Cameroon, China, Colombia, France,
Guinea, Ireland, Mauritius, Mexico, Norway, Russian Federation, Singapore, United Kingdom, United States.
Against: None.
Abstaining: Syria.
The Security Council,
Recalling all its previous relevant resolutions, in particular resolutions 242 (1967) and 338 (1973),
Affirming a vision of a region where two States, Israel and Palestine, live side by side within secure and recognized borders,
Expressing its grave concern at the continuation of the tragic and violent events that have taken place since September 2000, especially the recent attacks and the increased number of casualties,
Stressing the need for all concerned to ensure the safety of civilians,
Stressing also the need to respect the universally accepted norms of international humanitarian law,
Welcoming and encouraging the diplomatic efforts of special envoys from the United States of America, the Russian Federation, the European Union and the United Nations Special Coordinator and others, to bring about a comprehensive, just and lasting peace in the Middle East,
Welcoming the contribution of Saudi Crown Prince Abdullah,
1. Demands immediate cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction;
2. Calls upon the Israeli and Palestinian sides and their leaders to cooperate in the implementation of the Tenet work plan and Mitchell Report recommendations with the aim of resuming negotiations on a political settlement;
3. Expresses support for the efforts of the Secretary-General and others to assist the parties to halt the violence and to resume the peace process;
4. Decides to remain seized of the matter.
S/RES/1398 Extension of UNMission in Ethiopia and Eritrea
Date: 15 March 2002 Meeting: 4494
Vote: Unanimous
The Security Council,
Recalling resolutions 1298 (2000) of 17 May 2000, 1308 (2000) of 17 July 2000, 1312 (2000) of 31 July 2000, 1320 (2000) of 15 September 2000, 1344 (2001) of 15 March 2001 and 1369 (2001) of 14 September 2001, the statements of its President of 9 February 2001 (S/PRST/2001/4), 15 May 2001 (S/PRST/2001/14) and of 15 January 2002 (S/PRST/2002/1), and all other relevant previous resolutions and statements pertaining to the situation between Ethiopia and Eritrea,
Further recalling the report of 27 February 2002 of the Security Council Mission to Ethiopia and Eritrea undertaken in the period 21 to 25 February 2002 (S/2002/205),
Reaffirming the commitment of all Member States to the sovereignty, independence and territorial integrity of Ethiopia and Eritrea,
Further reaffirming the need for both parties to fulfil their obligations under international law, including international humanitarian law, human rights law and refugee law, and to ensure the safety of all personnel of the United Nations, the International Committee of the Red Cross (ICRC) and other humanitarian organizations,
Reaffirming its strong support for the Comprehensive Peace Agreement between the Government of the State of Eritrea and the Government of the Federal Democratic Republic of Ethiopia, signed in Algiers on 12 December 2000 (S/2000/1183), and the preceding Agreement on Cessation of Hostilities (S/2000/601), signed in Algiers on 18 June 2000 (hereafter referred to collectively as the “Algiers Agreements”),
Further reaffirming its strong support for the help in implementing the Algiers Agreements continuously provided by the Secretary-General and his Special Representative, including through their good offices,
Reaffirming its strong support for the role played by the United Nations Mission in Ethiopia and Eritrea (UNMEE) in the implementation of its mandate and facilitation of a peaceful settlement of the dispute,
Further reaffirming its strong support for the Organization of African Unity (OAU) Liaison Mission in Ethiopia-Eritrea (OLMEE) and inviting the Secretary-General of OAU to continue the organization’s full support of the peace process,
Having considered the report of the Secretary-General of 8 March 2002 (S/2002/245),
1. Decides to extend the mandate of UNMEE at the troop and military observer levels authorized by its resolution 1320 (2000) until 15 September 2002;
2. Expresses its satisfaction and anticipation that a final legal settlement of the border issues is about to be reached in accordance with the Algiers Agreements, and welcomes in this regard recent statements by both parties reaffirming that the upcoming border delimitation determination (hereafter referred to as “the decision”) by the Boundary Commission is final and binding;
3. Commends the parties on the progress made thus far in implementing the Algiers Agreements, including the continued observance of the Temporary Security Zone (TSZ) and the steps taken in cooperation with the United Nations Cartographer to prepare for the implementation of the decision by the Boundary Commission once it is announced;
4. Calls on the parties to cooperate fully and expeditiously with UNMEE in the further implementation of its mandate, to abide scrupulously by the letter and spirit of their agreements and to engage closely with the Special Representative of the Secretary-General regarding the implementation of the decision by the Boundary Commission, including expeditiously engaging with UNMEE on their plans for the demining necessary for demarcation;
5. Emphasizes the importance of ensuring expeditious implementation of the upcoming decision by the Boundary Commission while maintaining stability in all areas affected by the decision, and encourages the parties to consider further practical ways and means of conducting implementation-related consultations, possibly through appropriate strengthening of the Military Coordination Commission and/or other arrangement with the support of the guarantors, facilitators and witnesses of the Algiers Agreements;
6. Further emphasizes that in accordance with article 14 of the Agreement on Cessation of Hostilities, the security arrangements are to remain in effect, and that, accordingly, arrangements for the separation of forces, as achieved by the TSZ, will continue to be of key importance;
7. Emphasizes that any transfer of territory and civil authority, as well as population movements and movements of troops, pursuant to the decision by the Boundary Commission, should take place in an orderly manner through dialogue and modalities facilitated by the United Nations, in accordance with article 4.16 of the Comprehensive Peace Agreement, and without any unilateral actions;
8. Further emphasizes that until the border demarcation has been completed, UNMEE will continue to discharge its mandate;
9. Emphasizes its resolve to support the parties in the implementation of the decision by the Boundary Commission and invites the Secretary-General to submit, as soon as possible, recommendations to the Council on how UNMEE can play an appropriate role in the border demarcation process, including with regard to demining for demarcation, taking into account the decision by the Boundary Commission, the contributions by the parties, the capacity of UNMEE and the resources available in the United Nations Trust Fund in support of the Delimitation and Demarcation of the Border between Ethiopia and Eritrea;
10. Calls again on Eritrea, notwithstanding the prior notification procedure, to provide UNMEE with full freedom of movement to monitor the redeployed forces, to disclose the number, strength and disposition of its militia and police inside the TSZ, and to conclude the status-of-forces agreement with the Secretary-General;
11. Urges Ethiopia to provide the United Nations Mine Action Coordination Centre with clarifications to the information already put forward, as promised in this regard;
12. Expresses its concern that there has been no progress regarding the establishment of a direct high-altitude flight route for UNMEE between Asmara and Addis Ababa, and calls again on the parties to work with the Special Representative of the Secretary-General in a spirit of compromise to settle the issue for the mutual benefit of all;
13. Calls on the parties to release and return without further delay all remaining prisoners of war and civilian internees under the auspices of the ICRC in accordance with the Geneva Conventions and the Algiers Agreements;
14. Further calls on the parties to take other measures that will build confidence and promote reconciliation between the two peoples for their mutual benefit, including by affording humane treatment to each other’s nationals in accordance with the Algiers Agreements; facilitating sustainable reintegration of refugees, internally displaced persons and demobilized soldiers; promoting cross-border contacts at the local level aimed at resolving disputes and rebuilding community relations; and by facilitating further dialogue among civil society at all levels in the two countries, such as that recently undertaken by the religious leaders;
15. Encourages the parties to make arrangements enabling UNMEE to disseminate information to relevant population groups in the mission area about the delimitation and demarcation of the border between the two countries and the role of the United Nations in this regard;
16. Further encourages the parties to focus on reconstruction and development of their economies and on improving their relations, for the benefit of all the people and with the view to promoting regional peace and security;
17. Encourages the guarantors, facilitators and witnesses of the Algiers Agreements to provide their continued support for the peace process and invites all States and international organizations to support the process, including by exercising the highest degree of responsibility in discouraging arms flows to the region and through providing contributions to the Trust Fund to Support the Peace Process in Ethiopia and Eritrea, the Trust Fund for the Delimitation and Demarcation of the Border between Ethiopia and Eritrea and to the United Nations Consolidated Appeals Process for 2002;
18. Decides to remain actively seized of the matter.
S/RES/1399 Condemnation of resumed fighting in Democratic Republic of the Congo
Date: 19 March 2002 Meeting: 4495
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and statements by its President,
Recalling the Lusaka Ceasefire Agreement (S/1999/815) and stressing that the ceasefire among the parties to this agreement had been respected since January 2001,
Recalling that the Inter-Congolese Dialogue is an essential element of the peace process for the Democratic Republic of the Congo,
Determining that the situation in the Democratic Republic of the Congo poses a threat to international peace and security in the region,
1. Condemns the resumption of fighting in the Moliro pocket, and the capture of Moliro by RCD-Goma, and stresses that this is a major violation of the ceasefire;
2. Stresses that no party to the Lusaka Ceasefire Agreement should be allowed to make military gains while a peace process is under way and while a peacekeeping operation is deployed;
3. Demands that RCD-Goma troops withdraw immediately and without condition from Moliro and also demands that all parties withdraw to the defensive positions called for in the Harare disengagement sub-plans;
4. Demands also that RCD-Goma withdraw from Pweto, which it occupies in contravention of the Kampala and Harare disengagement plan, so as to permit the demilitarization of this location and that all other parties also withdraw from locations they occupy in contravention of the Kampala and Harare disengagement plan;
5. Recalls that Kisangani also has to be demilitarized;
6. Reminds RCD-Goma and all other parties that they must comply with their obligations with regard to the Ceasefire Agreement, the disengagement plan and relevant resolutions of the Security Council;
7. Calls on Rwanda to exert its influence on RCD-Goma so that RCD-Goma implements the demands of this resolution;
8. Welcomes the deployment of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) in Moliro and in Pweto, and calls on all the parties to provide full cooperation to MONUC and to ensure the safety and security of MONUC personnel on the ground;
9. Calls on the parties to the Lusaka Ceasefire Agreement to refrain from any military action or other provocation especially while the Inter-Congolese Dialogue is taking place;
10. Stresses the importance of continuing the Inter-Congolese Dialogue and calls on the Government of the Democratic Republic of the Congo to resume immediately its participation in the dialogue;
11. Decides to remain actively seized of the matter.
S/RES/1400 Extension of UNMission in Sierra Leone
Date: 28 March 2002 Meeting: 4500
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and the statements of its President concerning the situation in Sierra Leone,
Affirming the commitment of all States to respect the sovereignty, political independence and territorial integrity of Sierra Leone,
Welcoming the meeting of the Mano River Union Presidents held in Rabat on 27 February 2002 at the invitation of His Majesty the King of Morocco,
Welcoming the further progress made in the peace process in Sierra Leone, including the lifting of the state of emergency, commending the positive role of the United Nations Mission in Sierra Leone (UNAMSIL) in advancing the peace process, and calling for its further consolidation,
Encouraging the Mano River Union Women’s Peace Network and other civil society initiatives to continue their contribution towards regional peace,
Determining that the situation in Sierra Leone continues to constitute a threat to peace and security in this region,
Expressing its concern at the fragile situation in the Mano River region, the substantial increase in refugees and the humanitarian consequences for the civilian, refugee and internally displaced populations in the region,
Emphasizing the importance of free, fair, transparent and inclusive elections, and welcoming the progress made by the Government of Sierra Leone and the National Electoral Commission of Sierra Leone in preparing for elections, particularly with voter registration,
Reiterating the importance of the effective extension of State authority throughout the country, the reintegration of ex-combatants, voluntary and unhindered return of refugees and internally displaced persons, full respect for human rights and the rule of law, and effective action on impunity and accountability, paying special attention to the protection of women and children, and stressing continued United Nations support for the fulfilment of these objectives,
Welcoming the Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone, and the recommendations of the Planning Mission on the Establishment of the Special Court for Sierra Leone (S/2002/246) and the report of the Secretary-General of 14 March 2002 (S/2002/267) that UNAMSIL should provide administrative and related support to the Special Court,
Emphasizing the importance of the continuing support of UNAMSIL to the Government of Sierra Leone in the consolidation of peace and stability after the elections,
Having considered the report of the Secretary-General of 14 March 2002 (S/2002/267),
1. Decides that the mandate of UNAMSIL shall be extended for a period of six months from 30 March 2002;
2. Expresses its appreciation to those Member States providing troops and support elements to UNAMSIL and those who have made commitments to do so;
3. Welcomes the military concept of operations for UNAMSIL for 2002 outlined in paragraph 10 of the Secretary-General’s report of 14 March 2002 (S/2002/267), and requests the Secretary-General to inform the Council at regular intervals on progress made by UNAMSIL in the implementation of its key aspects and in the planning of its subsequent phases;
4. Encourages the Government of Sierra Leone and the Revolutionary United Front (RUF) to strengthen their efforts towards full implementation of the Ceasefire Agreement signed in Abuja on 10 November 2000 (S/2000/1091) between the Government of Sierra Leone and the RUF and reaffirmed at the meeting of the Economic Community of West African States (ECOWAS), the United Nations, the Government of Sierra Leone and the RUF at Abuja on 2 May 2001;
5. Encourages the Government of Sierra Leone and the RUF to continue to take steps towards furthering of dialogue and national reconciliation, and, in this regard, stresses the importance of the reintegration of the RUF into Sierra Leone society and the transformation of the RUF into a political party, and demands the immediate and transparent dismantling of all non-government military structures;
6. Welcomes the formal completion of the disarmament process, expresses concern at the serious financial shortfall in the multi-donor Trust Fund for the disarmament, demobilization and reintegration programme, and urges the Government of Sierra Leone to seek actively the urgently needed additional resources for reintegration;
7. Emphasizes that the development of the administrative capacities of the Government of Sierra Leone is essential to sustainable peace and development, and to the holding of free and fair elections, and therefore urges the Government of Sierra Leone, with the assistance of UNAMSIL, in accordance with its mandate, to accelerate the restoration of civil authority and public services throughout the country, in particular in the diamond mining areas, including the deployment of key government personnel and police and the deployment of the Sierra Leone Army on border security tasks, and calls on States, international organizations and non-governmental organizations to assist in the wide range of recovery efforts;
8. Welcomes the establishment of the electoral component of UNAMSIL and the recruitment of 30 additional civilian police advisers to support the Government of Sierra Leone and the Sierra Leone police in preparing for elections;
9. Welcomes the signature on 16 January 2002 of the Agreement between the Government of Sierra Leone and the United Nations on the Establishment of a Special Court for Sierra Leone, as envisaged by resolution 1315 (2000) of 14 August 2000, urges donors urgently to disburse their pledges to the Trust Fund for the Special Court, looks forward to the Court expeditiously beginning its operations and endorses UNAMSIL’s providing, without prejudice to its capabilities to perform its specified mandate, administrative and related support to the Special Court on a cost-reimbursable basis;
10. Welcomes progress made by the Government of Sierra Leone, together with the Secretary-General, the United Nations High Commissioner for Human Rights and other relevant international actors, in establishing the Truth and Reconciliation Commission, and urges donors urgently to commit funds to it;
11. Welcomes the summit meeting of the Mano River Union Presidents held in Rabat on 27 February 2002, urges the Presidents to continue dialogue and to implement their commitments to building regional peace and security, and encourages the ongoing efforts of ECOWAS towards a lasting and final settlement of the crisis in the Mano River Union region;
12. Expresses its serious concern at the violence, particularly sexual violence, suffered by women and children during the conflict in Sierra Leone, and emphasizes the importance of addressing these issues effectively;
13. Expresses its serious concern at the evidence UNAMSIL has found of human rights abuses and breaches of humanitarian law set out in paragraphs 38 to 40 of the Secretary-General’s report of 14 March 2002 (S/2002/267), encourages UNAMSIL to continue its work and in this context requests the Secretary-General to provide a further assessment in his September report, particularly regarding the situation of women and children who have suffered during the conflict;
14. Expresses its serious concern at allegations that some United Nations personnel may have been involved in sexual abuse of women and children in camps for refugees and internally displaced people in the region, supports the Secretary-General’s policy of zero tolerance for such abuse, looks forward to the Secretary-General’s report on the outcome of the investigation into these allegations, and requests him to make recommendations on how to prevent any such crimes in future, while calling on States concerned to take the necessary measures to bring to justice their own nationals responsible for such crimes;
15. Encourages the continued support of UNAMSIL, within its capabilities and areas of deployment, for returning refugees and displaced persons, and urges all stakeholders to continue to cooperate to this end to fulfil their commitments under the Abuja Ceasefire Agreement;
16. Welcomes the Secretary-General’s intention to keep the security, political, humanitarian and human rights situation in Sierra Leone under close review and to report to the Council, after due consultations with troop-contributing countries, with any additional recommendations, and requests in particular the Secretary-General to submit before 30 June 2002 an interim report assessing the post-electoral situation and the prospects for peace consolidation;
17. Decides to remain actively seized of the matter.
S/RES/1401 Establishment of UNAssistance Mission in Afghanistan
Date: 28 March 2002 Meeting: 4501
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on Afghanistan, in particular its resolutions 1378 (2001) of 14 November 2001, 1383 (2001) of 6 December 2001, and 1386 (2001) of 20 December 2001,
Recalling all relevant General Assembly resolutions, in particular resolution 56/220 (2001) of 21 December 2001,
Stressing the inalienable right of the Afghan people themselves freely to determine their own political future,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Reiterating its endorsement of the Agreement on provisional arrangements in Afghanistan pending the re-establishment of permanent government institutions, signed in Bonn on 5 December 2001 (S/2001/1154) (the Bonn Agreement), in particular its annex 2 regarding the role of the United Nations during the interim period,
Welcoming the establishment on 22 December 2001 of the Afghan interim authority and looking forward to the evolution of the process set out in the Bonn Agreement,
Stressing the vital importance of combating the cultivation and trafficking of illicit drugs and of eliminating the threat of landmines, as well as of curbing the illicit flow of small arms,
Having considered the report of the Secretary-General of 18 March 2002 (S/2002/278),
Encouraging donor countries that pledged financial aid at the Tokyo Conference on reconstruction assistance to Afghanistan to fulfill their commitments as soon as possible,
Commending the United Nations Special Mission in Afghanistan (UNSMA) for the determination shown in the implementation of its mandate in particularly difficult circumstances,
1. Endorses the establishment, for an initial period of 12 months from the date of adoption of this resolution, of a United Nations Assistance Mission in Afghanistan (UNAMA), with the mandate and structure laid out in the report of the Secretary-General of 18 March 2002 (S/2002/278);
2. Reaffirms its strong support for the Special Representative of the Secretary-General and endorses his full authority, in accordance with its relevant resolutions, over the planning and conduct of all United Nations activities in Afghanistan;
3. Stresses that the provision of focussed recovery and reconstruction assistance can greatly assist in the implementation of the Bonn Agreement and, to this end, urges bilateral and multilateral donors, in particular through the Afghanistan Support Group and the Implementation Group, to coordinate very closely with the Special Representative of the Secretary-General, the Afghan Interim Administration and its successors;
4. Stresses also, in the context of paragraph 3 above, that while humanitarian assistance should be provided wherever there is a need, recovery or reconstruction assistance ought to be provided, through the Afghan Interim Administration and its successors, and implemented effectively, where local authorities contribute to the maintenance of a secure environment and demonstrate respect for human rights;
5. Calls upon all Afghan parties to cooperate with UNAMA in the implementation of its mandate and to ensure the security and freedom of movement of its staff throughout the country;
6. Requests the International Security Assistance Force, in implementing its mandate in accordance with resolution 1386 (2001), to continue to work in close consultation with the Secretary-General and his Special Representative;
7. Requests the Secretary-General to report to the Council every four months on the implementation of this resolution;
8. Decides to remain actively seized of the matter.
S/RES/1402 Call for Middle Eastceasefire
Date: 30 March 2002 Meeting: 4503
Vote: 14-0-0 In favour: Bulgaria, Cameroon, China, Colombia, France,
Guinea, Ireland, Mauritius, Mexico, Norway, Russian Federation, Singapore, United Kingdom, United States.
Against: None.
Not
participating: Syria.
The Security Council,
Reaffirming its resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, and the Madrid principles,
Expressing its grave concern at the further deterioration of the situation, including the recent suicide bombings in Israel and the military attack against the headquarters of the President of the Palestinian Authority,
1. Calls upon both parties to move immediately to a meaningful ceasefire; calls for the withdrawal of Israeli troops from Palestinian cities, including Ramallah; and calls upon the parties to cooperate fully with Special Envoy Zinni, and others, to implement the Tenet security work plan as a first step towards implementation of the Mitchell Committee recommendations, with the aim of resuming negotiations on a political settlement;
2. Reiterates its demand in resolution 1397 (2002) of 12 March 2002 for an immediate cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction;
3. Expresses support for the efforts of the Secretary-General and the special envoys to the Middle East to assist the parties to halt the violence and to resume the peace process;
4. Decides to remain seized of the matter.
S/RES/1403 Demand for implementation of resolution 1402
Date: 4 April 2002 Meeting: 4506
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 1397 (2002) of 12 March 2002 and 1402 (2002) of 30 March 2002,
Gravely concerned at the further deterioration of the situation on the ground and noting that resolution 1402 (2002) has not yet been implemented,
1. Demands the implementation of its resolution 1402 (2002) without delay;
2. Welcomes the mission of the U.S. Secretary of State to the region, as well as efforts by others, in particular the special envoys from the United States, the Russian Federation and the European Union, and the United Nations Special Coordinator, to bring about a comprehensive, just and lasting peace to the Middle East;
3. Requests the Secretary-General to follow the situation and keep the Council informed;
4. Decides to remain seized of the matter.
S/RES/1404 Extension of Angola sanctions monitoring mechanism
Date: 18 April 2002 Meeting: 4514
Vote: Unanimous
The Security Council,
Reaffirming its resolution 864 (1993) of 15 September 1993 and all subsequent relevant resolutions, in particular resolutions 1127 (1997) of 28 August 1997, 1173 (1998) of 12 June 1998, 1237 (1999) of 7 May 1999, 1295 (2000) of 18 April 2000, 1336 (2001) of 23 January 2001, 1348 (2001) of 19 April 2001 and 1374 (2001) of 19 October 2001,
Recalling the Statement of its President of 28 March 2002 (S/2002/7), in particular its readiness to consider appropriate and specific exemptions from and amendments to the measures imposed by paragraph 4 (a) of its resolution 1127 (1997) in consultation with the Government of Angola and with a view to facilitating the peace negotiations,
Reaffirming also its commitment to preserve the sovereignty and territorial integrity of Angola,
Expressing once again its concern regarding the humanitarian effects of the present situation on the civilian population of Angola,
Welcoming the ceasefire agreement of 4 April 2002,
Recognizing the importance attached, inter alia, to the monitoring, for as long as it is necessary, of the implementation of the provisions contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998),
Determining that the situation in Angola continues to constitute a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Looks forward to receiving the additional report of the monitoring mechanism established pursuant to resolution 1295 (2000) to be submitted pursuant to paragraph 8 of resolution 1374 (2001);
2. Expresses its intention to give full consideration to this additional report;
3. Decides to extend the mandate of the monitoring mechanism for a further period of six months, ending on 19 October 2002;
4. Requests the monitoring mechanism to provide the Committee established pursuant to resolution 864 (1993)hereinafter referred to as “the Committee” within 30 days of the adoption of this resolution with a detailed action plan for its future work, in particular, but not exclusively, on the financial measures and on the measures concerning the trade in diamonds and the trade in arms against the União Nacional para a Independência Total de Angola (UNITA);
5. Requests the monitoring mechanism to report periodically to the Committee and to provide a further additional report to the Committee by 15 October 2002;
6. Requests the Secretary-General, upon adoption of this resolution and acting in consultation with the Committee, to appoint four experts to serve on the monitoring mechanism and further requests the Secretary-General to make the necessary financial arrangements to support the work of the monitoring mechanism;
7. Requests the Chairman of the Committee to submit the additional report to the Council by 19 October 2002;
8. Calls upon all States to cooperate fully with the monitoring mechanism in the discharge of its mandate;
9. Decides to remain actively seized of the matter.
S/RES/1405 Welcomes fact-finding team on Jenin refugee camp
Date: 19 April 2002 Meeting: 4516
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, 1402 (2002) of 30 March 2002, 1403 (2002) of 4 April 2002, and the Statement of its President of 10 April 2002 (S/PRST/2002/9),
Concerned by the dire humanitarian situation of the Palestinian civilian population, in particular reports from the Jenin refugee camp of an unknown number of deaths and destruction,
Calling for the lifting of restrictions imposed, in particular in Jenin, on the operations of humanitarian organizations, including the International Committee of the Red Cross and United Nations Relief and Works Agency for Palestine Refugees in the Near East,
Stressing the need for all concerned to ensure the safety of civilians, and to respect the universally accepted norms of international humanitarian law,
1. Emphasizes the urgency of access of medical and humanitarian organizations to the Palestinian civilian population;
2. Welcomes the initiative of the Secretary-General to develop accurate information regarding recent events in the Jenin refugee camp through a fact-finding team and requests him to keep the Security Council informed;
3. Decides to remain seized of the matter.
S/RES/1406 Extension of UN Mission for the Referendum in Western Sahara
Date: 30 April 2002 Meeting: 4523
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Western Sahara, in particular resolution 1394 (2002) of 27 February 2002,
1. Decides to extend the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 31 July 2002 in order to consider further the report of the Secretary-General of 19 February 2002 (S/2002/178);
2. Decides to remain seized of the matter.
S/RES/1407 Assessment team for panel to investigate Somalia arms embargo violations
Date: 3 May 2002 Meeting: 4524
Vote: Unanimous
The Security Council,
Recalling its relevant resolutions concerning the situation in Somalia, in particular resolution 733 (1992) of 23 January 1992,
Further recalling the statement of its President of 28 March 2002 (S/PRST/2002/8),
Noting with serious concern the continued flow of weapons and ammunition supplies to Somalia from other countries, undermining peace and security and the political efforts for national reconciliation in Somalia,
Welcoming the forthcoming visit of the Chairman of the Committee established pursuant to resolution 751 (1992) of 24 April 1992 (hereinafter referred to as “the Committee”) to Somalia and States in the region in June 2002 and looking forward to his report in this regard,
Acting under Chapter VII of the Charter of the United Nations,
1. Requests the Secretary-General to establish, within one month from the date of adoption of this resolution, in preparation for a Panel of Experts, a team of experts consisting of two members for a period of 30 days, to provide the Committee with an action plan detailing the resources and expertise that the Panel of Experts will require to be able to generate independent information on violations and for improving the enforcement of the weapon and military equipment embargo established by paragraph 5 of resolution 733 (1992) (hereinafter referred to as “the arms embargo”), including by:
– investigating the violations of the arms embargo covering access to Somalia by land, air and sea, in particular by pursuing any sources that might reveal information related to violations, including relevant States, intergovernmental organizations and international law enforcement cooperation bodies, non-governmental organizations, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, members of the Transitional National Government, local authorities, political and traditional leaders, civil society and the business community;
– detailing information in relevant areas of expertise related to violations and enforcement of the arms embargo in its various aspects;
– carrying out field-based research, where possible, in Somalia, States neighbouring Somalia and other States, as appropriate;
– assessing the capacity of States in the region to implement fully the arms embargo, including through a review of national customs and border control regimes;
– providing recommendations on possible practical steps for further strengthening the enforcement of the arms embargo;
2. Requests the Chairman of the Committee to forward the report of the team of experts, within two weeks of its reception, to the Security Council for its consideration;
3. Expresses its determination to examine the findings of the experts and the Chairman of the Committee and to take further action in follow-up to the statement of its President of 28 March 2002 (S/PRST/2002/8) and paragraph 1 above by the end of July 2002;
4. Calls on all States and the Transitional National Government and local authorities in Somalia to cooperate fully with the Chairman of the Committee and the team of experts in their quests for information in accordance with this resolution, including by facilitating visits to sites and actors and by providing full access to government officials and records, as requested by the Chairman of the Committee or the team of experts;
5. Urges all other individuals and entities contacted by the Chairman of the Committee or the team of experts to cooperate fully by providing relevant information and facilitating their investigations, including political and traditional leaders, members of civil society and the business community, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, non-governmental organizations, intergovernmental organizations and international law enforcement cooperation bodies;
6. Requests the Chairman of the Committee and the team of experts to notify the Council immediately, through the Committee, of any lack of cooperation by the authorities and entities referred to above;
7. Requests the Secretary-General to work actively through technical assistance and cooperation with the Transitional National Government, local authorities and traditional civil and religious leaders to enhance the administrative and judicial capacities throughout Somalia to contribute to the monitoring and enforcement of the arms embargo, in accordance with the statement of its President of 28 March 2002, and invites all humanitarian and developmental actors to promote and reinforce this objective in a coordinated manner through their programmes of assistance for Somalia;
8. Requests all States to report to the Committee no later than 60 days from the adoption of this resolution and thereafter according to the timetable set by the Committee on measures they have in place to ensure the full and effective implementation of the arms embargo, and with the view to complementing the action taken by the Council pursuant to paragraph 3 above;
9. Calls upon all States, in particular those in the region, to provide the Committee with all available information on violations of the arms embargo;
10. Decides to remain actively seized of the matter.
S/RES/1408 Extension of Liberia sanctions
Date: 6 May 2002 Meeting: 4526
Vote: Unanimous
The Security Council,
Recalling its resolutions 1132 (1997) of 8 October 1997, 1171 (1998) of 5 June 1998, 1306 (2000) of 5 July 2000, 1343 (2001) of 7 March 2001, 1385 (2001) of 19 December 2001, 1395 (2002) of 27 February 2002, 1400 (2002) of 28 March 2002 and its other resolutions and statements of its President on the situation in the region,
Taking note of the Secretary-General’s report of 29 April 2002 (S/2002/494*),
Taking note of the reports of the United Nations Panel of Experts on Liberia dated 26 October 2001 (S/2001/1015) and 19 April 2002 (S/2002/470) submitted pursuant to paragraph 19 of resolution 1343 (2001) and paragraph 4 of resolution 1395 (2002) respectively,
Expressing serious concern at the findings of the Panel of Experts about the actions of the Government of Liberia, including the evidence that the Government of Liberia continues to breach the measures imposed by resolution 1343 (2001), particularly through the acquisition of arms,
Welcoming General Assembly resolution 56/263 of 13 March 2002, looking forward to the full implementation of the international certification scheme proposed by the Kimberley Process as soon as possible and recalling its concern at the role played by the illicit trade in diamonds in the conflict in the region,
Welcoming the meeting of the Presidents of the Mano River Union in Rabat on 27 February 2002 at the invitation of His Majesty the King of Morocco, and the continued efforts of the Economic Community of West African States (ECOWAS) to work towards the restoration of peace and stability in the region,
Welcoming the conference sponsored by ECOWAS on political dialogue in Liberia held in Abuja on 14 March 2002, in particular the involvement of civil society, and encouraging the participation of all Liberian parties in the proposed Liberian National Reconciliation Conference to be held in Monrovia in July 2002, as a means of promoting the conditions for free, fair, transparent and inclusive elections in 2003,
Encouraging civil society initiatives in the region, including those of the Mano River Union Women’s Peace Network, to continue their contribution towards regional peace,
Calling on the Government of Liberia to cooperate fully with the Special Court for Sierra Leone when it is established,
Recalling the ECOWAS Moratorium on the Importation, Exportation and Manufacture of Small Arms and Light Weapons in West Africa adopted in Abuja on 31 October 1998 (S/1998/1194, annex), and its extension from 5 July 2001 (S/2001/700),
Determining that the active support provided by the Government of Liberia to armed rebel groups in the region, in particular to former Revolutionary United Front (RUF) combatants who continue to destabilize the region, constitutes a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the Government of Liberia has not complied fully with the demands in paragraph 2 (a) to (d) of resolution 1343 (2001);
2. Notes with satisfaction the updated information provided by the Government of Liberia to the Panel of Experts concerning the registration and ownership of each aircraft registered in Liberia (S/2001/1015) and the steps taken by the Government of Liberia to update its register of aircraft pursuant to Annex VII to the Chicago Convention on International Civil Aviation of 1944 in compliance with the demand in paragraph 2 (e) of resolution 1343 (2001);
3. Stresses that the demands referred to in paragraph 1 above are intended to lead to consolidation of the peace process in Sierra Leone and to further progress in the peace process in the Mano River Union, and, in that regard, calls upon the President of Liberia to continue to participate in the meetings of the Presidents of the Mano River Union and to implement fully his commitments to building regional peace and security, as set out in the communiqué of the Mano River Union summit of 27 February 2002;
4. Demands that all States in the region cease military support for armed groups in neighbouring countries, take action to prevent armed individuals and groups from using their territory to prepare and commit attacks on neighbouring countries and refrain from any actions that might contribute to further destabilization of the situation on the borders between Guinea, Liberia and Sierra Leone;
5. Decides that the measures imposed by paragraphs 5 to 7 of resolution 1343 (2001) shall remain in force for a further period of 12 months from 00:01 Eastern Daylight Time on 7 May 2002, and that, at the end of this period, the Council will decide whether the Government of Liberia has complied with the demands referred to in paragraph 1 above, and, accordingly, whether to extend these measures for a further period with the same conditions;
6. Decides that the measures referred to in paragraph 5 above shall be terminated immediately if the Council, taking into account, inter alia, the reports of the Panel of Experts referred to in paragraph 16 below and of the Secretary-General referred to in paragraph 11 below, inputs from ECOWAS, any relevant information provided by the Committee established pursuant to paragraph 14 of resolution 1343 (2001) (“the Committee”) and the Committee established pursuant to resolution 1132 (1997) and any other relevant information, determines that the Government of Liberia has complied with the demands referred to in paragraph 1 above;
7. Reiterates its call upon the Government of Liberia to establish an effective Certificate of Origin regime for Liberian rough diamonds that is transparent and internationally verifiable, bearing in mind the plans for the international certification scheme under the Kimberley Process, and to provide the Committee with a detailed description of the proposed regime;
8. Notwithstanding paragraph 15 of resolution 1343 (2001), decides that rough diamonds controlled by the Government of Liberia through the Certificate of Origin regime shall be exempt from the measures imposed by paragraph 6 of resolution 1343 (2001) when the Committee has reported to the Council, taking into account expert advice obtained through the Secretary-General, that an effective and internationally verifiable regime is ready to become fully operational;
9. Calls again upon States, relevant international organizations and other bodies in a position to do so to offer assistance to the Government of Liberia and other diamond exporting countries in West Africa with their Certificate of Origin regimes;
10. Calls upon the Government of Liberia to take urgent steps, including through the establishment of transparent and internationally verifiable audit regimes, to ensure that revenue derived by the Government of Liberia from the Liberia Shipping Registry and the Liberian timber industry is used for legitimate social, humanitarian and development purposes, and is not used in violation of this resolution, and to report back to the Committee on the steps taken and results of such audits not later than three months after the date of adoption of this resolution;
11. Requests the Secretary-General to submit a report to the Council by 21 October 2002 and thereafter at six-monthly intervals from that date, drawing on information from all relevant sources, including the United Nations Office in Liberia, the United Nations Mission in Sierra Leone (UNAMSIL) and ECOWAS, on whether Liberia has complied with the demands referred to in paragraph 1 above, and calls on the Government of Liberia to support United Nations efforts to verify all information on compliance which is brought to the United Nations notice;
12. Invites ECOWAS to report regularly to the Committee on all activities undertaken by its members pursuant to paragraph 5 above and in the implementation of this resolution;
13. Requests the Committee to carry out the tasks set out in this resolution and to continue with its mandate as set out in paragraph 14 (a) to (h) of resolution 1343 (2001);
14. Further requests the Committee to consider and take appropriate action on information brought to its attention concerning any alleged violations of the measures imposed by paragraph 8 of resolution 788 (1992) while that resolution was in force;
15. Requests all States who have not reported pursuant to paragraph 18 of resolution 1343 (2001) to report to the Committee within 90 days on the steps they have taken to implement the measures referred to in paragraph 5 above;
16. Requests the Secretary-General to establish, within three months from the date of adoption of this resolution, in consultation with the Committee, for a period of three months, a Panel of Experts consisting of no more than five members, drawing, as much as possible and as appropriate, on the expertise of the members of the Panel of Experts established pursuant to resolution 1343 (2001), to conduct a follow-up assessment mission to Liberia and neighbouring States, in order to investigate and compile a report on the Government of Liberia’s compliance with the demands referred to in paragraph 1 above, on the potential economic, humanitarian and social impact on the Liberian population of the measures referred to in paragraph 5 above, and on any violations of the measures referred to in paragraph 5 above, including any involving rebel movements, and to report to the Council through the Committee no later than 7 October 2002 with observations and recommendations, and further requests the Secretary-General to provide the necessary resources;
17. Requests the Panel of Experts referred to in paragraph 16 above, as far as possible, to bring any relevant information collected in the course of its investigations conducted in accordance with its mandate to the attention of the States concerned for prompt and thorough investigation and, where appropriate, corrective action, and to allow them the right of reply;
18. Calls upon all States to take appropriate measures to ensure that individuals and companies in their jurisdiction, in particular those referred to in the reports of the Panel of Experts established pursuant to resolutions 1343 (2001) and 1395 (2002), act in conformity with United Nations embargoes, in particular those established by resolutions 1171 (1998), 1306 (2000) and 1343 (2001), and, as appropriate, to take the necessary judicial and administrative action to end any illegal activities by those individuals and companies;
19. Requests all States, in particular arms exporting countries, to exercise the highest degree of responsibility in small arms and light weapons transactions to prevent illegal diversion and re-export, so as to stem the leakage of legal weapons to illegal markets in the region, in line with the statement of its President of 31 August 2001 (S/PRST/2001/21) and the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;
20. Decides to conduct reviews of the measures referred to in paragraph 5 above before 7 November 2002, and every six months thereafter;
21. Urges all States, relevant United Nations bodies and, as appropriate, other organizations and interested parties to cooperate fully with the Committee and Panel of Experts referred to in paragraph 16 above, including by supplying information on possible violations of the measures referred to in paragraph 5 above;
22. Decides to remain actively seized of the matter.
S/RES/1409 Extension of “oil-for food” programme, approval of revised sanctions
Date: 14 May 2002 Meeting: 4531
Vote: Unanimous
The Security Council,
Recalling its previous relevant resolutions, including resolutions 986 (1995) of 14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of 1 June 2001, 1360 (2001) of 3 July 2001, and 1382 (2001) of 29 November 2001, as they relate to the improvement of the humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for the civilian needs of the Iraqi people until the fulfilment by the Government of Iraq of the relevant resolutions, including notably resolutions 687 (1991) of 3 April 1991 and 1284 (1999), allows the Council to take further action with regard to the prohibitions referred to in resolution 661 (1990) of 6 August 1990 in accordance with the provisions of these resolutions,
Recalling its decision in resolution 1382 (2001) to adopt the proposed Goods Review List and procedures for its application annexed to resolution 1382 (2001), subject to any refinements to them agreed by the Council in light of further consultations, for implementation beginning on 30 May 2002,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those contained in paragraphs 4, 11 and 12, and the provisions of paragraphs 2, 3 and 5 to 13 of resolution 1360 (2001), and subject to paragraph 15 of resolution 1284 (1999) and the other provisions of this present resolution, shall remain in force for a new period of 180 days beginning at 0001 hours, Eastern Daylight Time, on 30 May 2002;
2. Decides to adopt the revised Goods Review List (S/2002/515) and the revised attached procedures for its application for implementation beginning at 0001 hours, Eastern Daylight Time, on 30 May 2002 as a basis for the humanitarian programme in Iraq as referred to in resolution 986 (1995) and other relevant resolutions;
3. Authorizes States, beginning at 0001 hours, Eastern Daylight Time, on 30 May 2002, to permit, notwithstanding the provisions of paragraph 3 of resolution 661 (1990) and subject to the procedures for the application of the Goods Review List (S/2002/515), the sale or supply of any commodities or products other than commodities or products referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the Goods Review List (S/2002/515) pursuant to paragraph 24 of resolution 687 (1991) whose sale or supply to Iraq has not been approved by the Committee established pursuant to resolution 661 (1990);
4. Decides that, beginning at 0001 hours, Eastern Daylight Time, on 30 May 2002, the funds in the escrow account established pursuant to paragraph 7 of resolution 986 (1995) may also be used to finance the sale or supply to Iraq of those commodities or products that are authorized for sale or supply to Iraq under paragraph 3 above, provided that the conditions of paragraph 8 (a) of resolution 986 (1995) are met;
5. Decides to conduct regularly thorough reviews of the Goods Review List and the procedures for its implementation and to consider any necessary adjustment and further decides that the first such review and consideration of necessary adjustment shall be conducted prior to the end of the 180-day period established pursuant to paragraph 1 above;
6. Decides that, for the purposes of this resolution, references in resolution 1360 (2001) to the 150-day period established by that resolution shall be interpreted to refer to the 180-day period established pursuant to paragraph 1 above;
7. Requests that the Secretary-General and the Committee established pursuant to resolution 661 (1990) submit at least two weeks prior to the end of the 180-day period the reports referred to in paragraphs 5 and 6 of resolution 1360 (2001);
8. Requests the Secretary-General, in consultation with interested parties, to submit an assessment report on the implementation of the Goods Review List and its procedures by the end of the next period of implementation of resolution 986 (1995) beginning on 30 May 2002 and to include in the report recommendations on any necessary revision of the Goods Review List and its procedures, including the processing of contracts under paragraph 20 of resolution 687 (1991) and the utility of the Distribution Plan as referred to in paragraph 8 (a) (ii) of resolution 986 (1995);
9. Decides to remain seized of the matter.
Procedures
1 - The following procedures replace paragraphs 29 to 34 of document S/1996/636* and other existing procedures,
notably for the implementation of the relevant provisions of paragraphs 17, 18 and 25 of resolution 1284 (1999) related to the processing of applications to be financed from the escrow account established pursuant to paragraph 7 of resolution 986 (1995).
2 - Each application (the "Notification or Request to Ship Goods to Iraq," as attached to these procedures, hereafter referred to as "the application,") for the sale or supply of commodities or products, to include services ancillary to the supply of such commodities and products, to Iraq to be financed from the escrow account established pursuant to paragraph 7 of resolution 986 (1995) must be forwarded to the Office of the Iraq Programme (OIP) by the exporting States through permanent or observer Missions, or by United Nations agencies and programmes. Each application should include complete technical specifications, as requested in the standard application form, concluded arrangements (e.g., contracts), and other relevant information, including, if known, whether the application contains any item(s) covered by the Goods Review List (GRL), in order for a determination to be made on whether the application contains any item referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL.
3 - Each application will be reviewed and registered by OIP within 10 working days. In the case of a technically incomplete application, OIP may request additional information before transmitting the application to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA). If OIP determines that the requested information is not provided within 90 days, the application will be considered supplier-inactive and no further action on the application will be taken until the information is provided. If the requested information is not received within a further 90 days, the application will lapse. OIP should notify the submitting Mission or United Nations agency in writing of any change in the status of the application. The OIP will identify an official to act as a contact point on each application.
4 - After OIP registration of the application, each application will be evaluated by technical experts from UNMOVIC and IAEA in order to determine whether the application contains any item referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL ("GRL item(s)"). At their discretion and subject to the approval of the 661 Committee, UNMOVIC and IAEA may issue guidance regarding what categories of applications do not contain any item(s) covered by paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL. UNMOVIC, IAEA and OIP, working in consultation, may develop a procedure whereby OIP may evaluate and approve applications that, based on this guidance, fall within these categories.
5 - Military goods and services are prohibited for sale or supply to Iraq under paragraph 24 of resolution 687 (1991) and are not subject to review under the GRL. For consideration of dual-use goods and services referred to in paragraph 24 of resolution 687 (1991), UNMOVIC and IAEA should process these goods and services pursuant to paragraph 9 of these procedures.
6 - Upon receipt of a registered application from OIP, UNMOVIC and/or IAEA will have 10 working days to evaluate an application as set forth in paragraphs 4 and 5. Absent action by UNMOVIC and/or IAEA within the 10-working-day period, the application will be considered approved. In the course of conducting the technical evaluation as set out in paragraphs 4 and 5 above, UNMOVIC and/or IAEA may request additional information from the submitting Mission or United Nations agency. The submitting Mission or United Nations agency should provide the additional information requested within a period of 90 days. Once UNMOVIC and/or IAEA receive the requested information, UNMOVIC and/or IAEA will have 10 working days to evaluate the application under the procedure set forth in paragraphs 4 and 5.
7 - If UNMOVIC and/or IAEA determine that the submitting Mission or United Nations agency has not provided the requested additional information within the 90-day period set out in paragraph 6 above, the application will be considered supplier-inactive and no further action on the application will be taken until the information is provided. If the requested information is not provided within a further 90 days, the application will lapse. OIP should notify the submitting Mission or United Nations agency in writing of any change in the status of the application.
8 - If UNMOVIC and/or IAEA determine that the application contains any item referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, the application shall be considered ineligible for approval for the sale or supply to Iraq. UNMOVIC and/or IAEA will provide to the submitting Mission or United Nations agency through OIP a written explanation of this determination.
9 - If UNMOVIC and/or IAEA determine that the application contains any GRL item(s), they will immediately inform through OIP the submitting Mission or United Nations agency. Pursuant to paragraph 11 below, absent a request by the submitting Mission or United Nations agency for reconsideration within 10 working days, OIP will forward the application containing the GRL item(s) to the 661 Committee for the purpose of evaluating whether the GRL item(s) may be sold or supplied to Iraq. UNMOVIC and/or IAEA will provide to the 661 Committee through OIP a written explanation of this determination. In addition, OIP, UNMOVIC and/or IAEA, at the request of the submitting Mission or United Nations agency, will provide to the 661 Committee an assessment of the humanitarian, economic and security implications, of the approval or denial of the GRL item(s), including the viability of the whole contract in which the GRL item(s) appears and the risk of diversion of the item(s) for military purposes. The assessment provided by OIP to the Committee should be transmitted in parallel by OIP to the submitting Mission or United Nations agency. OIP will immediately inform appropriate United Nations agents of the finding of a GRL item(s) in the application and that the GRL item(s) may not be sold or supplied to Iraq unless otherwise notified by OIP that the procedures set forth in paragraphs 11 or 12 have resulted in approval for sale or supply of the GRL item(s) to Iraq. The remaining items in the application, which are determined as not covered by the GRL, will be considered approved for sale or supply to Iraq and, at the discretion of the submitting Mission or United Nations agency, and with the consent of the contracting parties, will be processed according to the procedure in paragraph 10 below. The relevant approval letter may be issued for such approved items under request from the submitting Mission or United Nations agency.
10 - If UNMOVIC and/or IAEA determine that the application does not contain any item referred to in paragraph 4 above, OIP will inform immediately the Government of Iraq and the submitting Mission or United Nations agency in written form. The exporter will be eligible for payment from the escrow account established pursuant to paragraph 7 of resolution 986 (1995) upon verification by United Nations agents that the items in the application have arrived in Iraq as contracted. OIP and the United Nations Treasury will inform the banks within five working days that the items in the application have arrived in Iraq.
11 - If the Mission or United Nations agency submitting an application disagrees with the determination that an application contains an item(s) covered by paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL, it may request a reconsideration of this decision, based on the provision of technical information and/or explanations not previously included in the application, within 10 working days to OIP. In that event, UNMOVIC and/or IAEA will reconsider the item(s) in accordance with the procedures set out in paragraphs 4 to 6 above. The decision of UNMOVIC and/or IAEA will be final and no further reconsideration will be permitted. UNMOVIC and/or IAEA will provide to the 661 Committee through OIP a written explanation of the final decision of the reconsideration process. Applications shall not be forwarded to the 661 Committee until the reconsideration period has expired without a request being filed.
12 - Upon receipt of an application pursuant to paragraphs 9 or 11 above, the 661 Committee will have 10 working days to determine under existing procedures whether the item(s) may be sold or supplied to Iraq. The Committee may take a decision on an item(s) according to the following options: (a) Approval; (b) Approval subject to conditions as stipulated by the Committee; (c) Denial; (d) Request for additional information. Absent action by the Committee within the 10-working-day period, the application will be considered approved. A Committee member may request additional information. If the additional information is not provided in a 90-day period, the item(s) will be considered supplier-inactive and no further action on the application will be taken until the information is provided. If the requested information is not provided within a further 90 days, the application will be considered lapsed. OIP should notify the submitting Mission or United Nations agency in writing of any change in the status of the application. The Committee will have 20 working days to evaluate the requested additional information once provided by the submitting Mission or United Nations agency. Absent action by the Committee during the 20-working-day period, the item will be considered approved.
13 - Where the 661 Committee does not approve an item(s) for sale or supply to Iraq, the Committee will notify the submitting Mission or United Nations agency with an explanation through OIP accordingly. The submitting Mission or United Nations agency will have 30 working days to petition OIP to have the 661 Committee reconsider its decision based on new information not previously included in the application as reviewed by the 661 Committee. A decision by the 661 Committee on a petition received during this period shall be made within five working days and shall be considered final. Absent such a petition within 30 working days, the item will be considered ineligible for sale or supply to Iraq and OIP will notify the submitting Mission or United Nations agency accordingly.
14 - If an item(s) is found ineligible for sale or supply to Iraq or is considered lapsed, the supplier may submit a new application based on either a new or an amended contract, and the new application will be evaluated under the procedures enumerated in this document and will append the original application (for information purposes only and to facilitate review).
15 - If an item(s) is substituted for an item(s) that is either found ineligible for sale or supply to Iraq or is considered lapsed, the new item(s) will be submitted as a new application under the procedures enumerated in this document and will append the original application (for information purposes only and to facilitate review).
16 - Experts from OIP, UNMOVIC and IAEA who evaluate applications should be drawn from the broadest possible geographical base.
17 - The United Nations Secretariat will report to the 661 Committee at the end of each phase on the status of all applications submitted during this period, including contracts recirculated pursuant to paragraph 18 below. The Secretariat will provide to members of the 661 Committee at their request copies of applications approved by OIP, UNMOVIC and IAEA, within three working days after their approval, for information purposes only.
18 - OIP will divide contracts currently on hold into two categories - category A and category B. Category A will contain contracts on hold that have been designated by UNMOVIC as containing item(s) on one or more of the UNSCR resolution 1051 lists. Category A will also contain contracts that were both processed before the Security Council adopted UNSCR resolution 1284 and assessed by one or more members of the Sanctions Committee as containing item(s) on one or more of the UNSCR resolution 1051 lists. OIP will consider contracts in category A to be "returned to the submitting Mission or United Nations agency" and will notify the submitting Mission or United Nations agency accordingly, including national comments if possible. The submitting Mission or United Nations agency may submit a contract in category A as a new application under the GRL procedures. In category B will be all other contracts currently on hold. Contracts in category B will be recirculated by OIP under the GRL procedures. OIP will append the original committee registration number and national comments, for information purposes only, to any recirculated contracts. OIP should start this recirculation procedure within 60 days of adoption of this resolution and should complete the recirculation process within 60 days thereafter.
S/RES/1410 Establishment of UN Mission of Support in East Timor
Date: 17 May 2002 Meeting: 4534
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on the situation in East Timor, in particular resolutions 1272 (1999) of 25 October 1999, 1338 (2001) of 31 January 2001 and 1392 (2002) of 31 January 2002, and the relevant statements of its President, in particular that of 31 October 2001 (S/PRST/2001/32),
Commending the courage and vision of the people of East Timor in bringing East Timor to the point of independence by peaceful and democratic means,
Paying tribute to the dedication and professionalism of the United Nations Transitional Administration in East Timor (UNTAET) and to the leadership of the Special Representative of the Secretary-General in assisting the people of East Timor in the transition towards independence,
Reiterating its welcome for the successful and peaceful election for the Constituent Assembly held on 30 August 2001 and the election for the President held on 14 April 2002,
Welcoming the commitment by the elected leaders of East Timor to lead their country in solidarity, welcoming also the steps they have taken so far to establish good relations with neighbouring States, and recognizing the primary responsibility of the people of East Timor for nation building,
Noting that the emerging institutions in East Timor remain fragile and that in the period immediately after independence assistance will be required to ensure sustained momentum in the development and strengthening of East Timor’s infrastructure, public administration, law enforcement and defence capacities,
Noting with concern the assessment of the Secretary-General of the difficulties which have had a negative impact on the effectiveness of the judicial system in East Timor, and calling on all relevant parties to work towards progress in this area,
Having considered the report of the Secretary-General of 17 April 2002 (S/2002/432),
Welcoming his recommendation that a successor mission to UNTAET be established for a period of two years,
Taking note also of the joint letter from the President-elect of East Timor and the Chief Minister of East Timor to the President of the Security Council of 20 April 2002,
Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Welcoming the Secretary-General’s intention to appoint the Resident Coordinator of the United Nations Development Programme as his deputy Special Representative and underlining the importance of a smooth transition of the United Nations role towards traditional development assistance,
Welcoming and encouraging efforts by the United Nations to sensitize international personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,
Recognizing the importance of a gender perspective in peacekeeping operations,
Noting the existence of challenges to the short and long-term security and stability of an independent East Timor and determining that ensuring the security of the boundaries of East Timor and preserving its internal and external stability is necessary for the maintenance of peace and security in the region,
1. Decides to establish, as of 20 May 2002 and for an initial period of 12 months, a United Nations Mission of Support in East Timor (UNMISET);
2. Decides also that the mandate of UNMISET shall consist of the following elements:
(a) To provide assistance to core administrative structures critical to the viability and political stability of East Timor;
(b) To provide interim law enforcement and public security and to assist in the development of a new law enforcement agency in East Timor, the East Timor Police Service (ETPS);
(c) To contribute to the maintenance of the external and internal security of East Timor;
3. Decides that UNMISET will be headed by a Special Representative of the Secretary-General and will consist of:
(a) A civilian component comprising an office of the Special Representative of the Secretary-General with focal points for gender and HIV/AIDS, a Civilian Support Group of up to 100 personnel filling core functions, a Serious Crimes Unit and a Human Rights Unit;
(b) A civilian police component initially comprised of 1,250 officers;
(c) A military component with an initial strength of up to 5,000 troops including 120 military observers;
4. Requests UNMISET to give full effect to the following three Programmes of the Mandate Implementation Plan as set out in section III A 3 of the report of the Secretary-General:
(a) Stability, Democracy and Justice;
(b) Public Security and Law Enforcement;
(c) External Security and Border Control;
5. Decides that internationally accepted human rights principles should form an integral part of training and capacity building carried out by UNMISET under operative paragraph 2 of this resolution;
6. Authorizes UNMISET, under Chapter VII of the Charter of the United Nations, to take the necessary actions, for the duration of its mandate, to fulfil its mandate, and decides to review this issue and all other aspects of UNMISET’S mandate after 12 months;
7. Decides that progress towards achievement of the milestones of the Mandate Implementation Plan should be kept under review and that downsizing of UNMISET should proceed as quickly as possible, after careful assessment of the situation on the ground;
8. Decides further that UNMISET will, over a period of two years, fully devolve all operational responsibilities to the East Timorese authorities as soon as is feasible, without jeopardizing stability;
9. Urges Member States and international agencies and organizations to provide support as requested by the Secretary-General, in particular in support of the full establishment of the ETPS and the East Timor Defence Force;
10. Underlines that further United Nations assistance to East Timor should be coordinated with the efforts of bilateral and multilateral donors, regional mechanisms, non-governmental organizations, private sector organizations and other actors from within the international community;
11. Calls for the rapid conclusion of and full observance of the agreements and arrangements necessary to give effect to the mandate of UNMISET, including a Status of Forces Agreement, and command and control arrangements which will operate in accordance with standard procedures of the United Nations;
12. Welcomes the progress made in resolving pending bilateral issues between Indonesia and East Timor, and stresses the critical importance of cooperation between these two Governments, as well as cooperation with UNMISET, in all aspects, including in implementation of the relevant elements of this and other resolutions, in particular by working together to secure agreement on the issue of border demarcation, by ensuring that those responsible for serious crimes committed in 1999 are brought to justice, by helping ensure repatriation or resettlement of refugees currently in Indonesia and by continuing to work together to curb criminal activities, in all their forms, including by militia elements, in the border area;
13. Requests the Secretary-General to keep the Council closely and regularly informed of progress towards the implementation of this resolution including, in particular, with regard to progress towards achievement of the milestones in the Mandate Implementation Plan, and to submit a report within six months of the date of adoption of this resolution and every six months thereafter;
14. Decides to remain actively seized of the matter.
S/RES/1411 Amendment of statutes of international tribunals
Date: 17 May 2002 Meeting: 4535
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998 and 1329 (2000) of 30 November 2000,
Recognizing that persons who are nominated for, or who are elected or appointed as, judges of the International Tribunal for the Former Yugoslavia or of the International Tribunal for Rwanda may bear the nationalities of two or more States,
Being aware that at least one such person has already been elected a judge of one of the International Tribunals,
Considering that, for the purposes of membership of the Chambers of the International Tribunals, such persons should be regarded as bearing solely the nationality of the State in which they ordinarily exercise civil and political rights,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to amend article 12 of the Statute of the International Tribunal for the Former Yugoslavia and to replace that article with the provisions set out in annex I to this resolution;
2. Decides also to amend article 11 of the Statute of the International Tribunal for Rwanda and to replace that article with the provisions set out in annex II to this resolution;
3. Decides to remain actively seized of the matter.
Annex I
Article 12
Composition of the Chambers
1. The Chambers shall be composed of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of nine ad litem independent judges appointed in accordance with article 13 ter, paragraph 2, of the Statute, no two of whom may be nationals of the same State.
2. Three permanent judges and a maximum at any one time of six ad litem judges shall be members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may be divided into sections of three judges each, composed of both permanent and ad litem judges. A section of a Trial Chamber shall have the same powers and responsibilities as a Trial Chamber under the Statute and shall render judgement in accordance with the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.
Annex II
Article 11
Composition of the Chambers
1. The Chambers shall be composed of sixteen independent judges, no two of whom may be nationals of the same State, who shall serve as follows:
(a) Three judges shall serve in each of the Trial Chambers;
(b) Seven judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members.
2. A person who for the purposes of membership of the Chambers of the International Tribunal for Rwanda could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.
S/RES/1412 Suspension of travel restrictions for UNITA officials
Date: 17 May 2002 Meeting: 4536
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 696 (1991) of 30 May 1991, 864 (1993) of 15 September 1993 and all subsequent resolutions, in particular resolution 1127 (1997) of 28 August 1997,
Recalling the statement of its President of 28 March 2002 (S/PRST/2002/7), which, in particular, expressed its readiness to consider appropriate and specific exemptions from and amendments to the measures imposed by paragraph 4 (a) of resolution 1127 (1997),
Welcoming the historic step taken by the Government of Angola and União Nacional para a Independência Total de Angola (UNITA), on 4 April 2002, in signing the Memorandum of Understanding Addendum to the Lusaka Protocol for the Cessation of Hostilities and the Resolution of the Outstanding Military Issues under the Lusaka Protocol (S/1994/1441, annex),
Welcoming in particular the efforts of the Government of Angola to restore peaceful and secure conditions in the country, to re-establish effective administration and the efforts of all Angolans to promote national reconciliation,
Reaffirming its commitment to preserve the sovereignty and territorial integrity of Angola,
Emphasizing the importance of the full implementation of the “Acordos de Paz”, the Lusaka Protocol, and the relevant United Nations Security Council resolutions, in close cooperation with the United Nations and the Troika of Observers,
Reaffirming the need for UNITA to cooperate fully with the demobilization and quartering of UNITA soldiers and their reintegration into the armed forces, police and civil society of Angola, as specified in the Memorandum of Understanding,
Recognizing the need for the facilitation of travel by UNITA members for the peace process and national reconciliation to advance, including to enable UNITA’s reorganization, with the goal of rapid reintegration into national life and fulfilment of all peace accords,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the measures imposed by paragraphs 4 (a) and (b) of resolution 1127 (1997) are suspended for a period of ninety days from the date of adoption of this resolution;
2. Decides that prior to the end of this period the Council will decide whether to extend the suspension of the measures referred to in paragraph 1 above, taking into account all available information, including from the Government of Angola, on the continuing progress of the process of national reconciliation in Angola;
3. Decides to remain actively seized of the matter.
S/RES/1413 Extension of Afghanistan Security Force
Date: 23 May 2002 Meeting: 4541
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on Afghanistan, in particular its resolution 1386 (2001) of 20 December 2001,
Reaffirming also its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Supporting international efforts to root out terrorism, in keeping with the Charter of the United Nations, and reaffirming also its resolutions 1368 (2001) of 12 September 2001 and 1373 (2001) of 28 September 2001,
Recognizing that the responsibility for providing security and law and order throughout the country resides with the Afghans themselves, and welcoming in this respect the cooperation of the Afghan Interim Authority with the International Security Assistance Force,
Expressing its appreciation to the United Kingdom of Great Britain and Northern Ireland for taking the lead in organizing and commanding the International Security Assistance Force and recognizing with gratitude the contributions of many nations to the International Security Assistance Force,
Welcoming the letter from the Foreign Minister of Turkey to the Secretary-General of 7 May 2002 (S/2002/568), and taking note of Turkey’s offer contained therein to assume the lead in commanding the International Security Assistance Force,
Recalling the letter dated 19 December 2001 from Dr. Abdullah Abdullah to the President of the Security Council (S/2001/1223),
Determining that the situation in Afghanistan still constitutes a threat to international peace and security,
Determined to ensure the full implementation of the mandate of the International Security Assistance Force, in consultation with the Afghan Interim Authority and its successors established by the Bonn Agreement,
Acting for these reasons under Chapter VII of the Charter of the United Nations,
1. Decides to extend the authorization, for a period of six months beyond 20 June 2002, of the International Security Assistance Force, as defined in resolution 1386 (2001);
2. Authorizes the Member States participating in the International Security Assistance Force to take all necessary measures to fulfil the mandate of the International Security Assistance Force;
3. Calls upon Member States to contribute personnel, equipment and other resources to the International Security Assistance Force, and to make contributions to the Trust Fund established pursuant to resolution 1386 (2001);
4. Requests the leadership of the International Security Assistance Force to provide monthly reports on implementation of its mandate, through the Secretary-General;
5. Decides to remain actively seized of the matter.
S/RES/1414 Admission of East Timor
Date: 23 May 2002 Meeting: 4542
Vote: Unanimous
The Security Council,
Having examined the application of the Democratic Republic of East Timor for admission to the United Nations (S/2002/558),
Recommends to the General Assembly that the Democratic Republic of East Timor be admitted to membership in the United Nations.
S/RES/1415 Extension of UNDisengagement Observer Force
Date: 30 May 2002 Meeting: 4546
Vote: Unanimous
The Security Council,
Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force of 17 May 2002 (S/2002/542), and also reaffirming its resolution 1308 (2000) of 17 July 2000,
1. Calls upon the parties concerned to implement immediately its resolution 338 (1973) of 22 October 1973;
2. Decides to renew the mandate of the United Nations Disengagement Observer Force for a period of seven months, that is, until 31 December 2002;
3. Requests the Secretary-General to submit, at the end of this period, a report on the developments in the situation and the measures taken to implement resolution 338 (1973).
S/RES/1416 Extension of UNPeacekeeping Force in Cyprus
Date: 13 June 2002 Meeting: 4551
Vote: Unanimous
The Security Council,
Welcoming the report of the Secretary-General of 30 May 2002 (S/2002/590) on the United Nations operation in Cyprus, and in particular the call to the parties to assess and address the humanitarian issue of missing persons with due urgency and seriousness,
Noting that the Government of Cyprus has agreed that in view of the prevailing conditions in the island it is necessary to keep the United Nations Peacekeeping Force in Cyprus (UNFICYP) beyond 15 June 2002,
Welcoming and encouraging efforts by the United Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,
1. Reaffirms all its relevant resolutions on Cyprus, and in particular resolution 1251 (1999) of 29 June 1999 and subsequent resolutions;
2. Decides to extend the mandate of UNFICYP for a further period ending 15 December 2002;
3. Requests the Secretary-General to submit a report by 1 December 2002 on the implementation of this resolution;
4. Urges the Turkish Cypriot side and Turkish forces to rescind the restrictions imposed on 30 June 2000 on the operations of the UNFICYP and to restore the military status quo ante of Strovilia;
5. Decides to remain actively seized of the matter.
S/RES/1417 Extension of UNOrganization Mission in the Democratic Republic of the Congo
Date: 14 June 2002 Meeting: 4554
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and statements by its President regarding the Democratic Republic of the Congo, in particular resolution 1355 of 15 June 2001,
Reaffirming the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo and of all other States in the region,
Reaffirming further the obligation of all States to refrain from the use of force against the territorial integrity and political independence of any State, or in any other manner inconsistent with the purposes and principles of the United Nations,
Reaffirming also the sovereignty of the Democratic Republic of the Congo over its natural resources, and, in this respect, looking forward to receiving the report by the Panel of Experts on the illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo and the link between the exploitation and the continuation of the conflict,
Recalling the responsibilities of all parties to cooperate in the full deployment of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC),
Acknowledging the positive role of the Facilitator and of the President of South Africa in the conduct of the Inter-Congolese Dialogue in Sun City, South Africa,
Taking note of the idea of a curtain of troops, which was raised during the Security Council mission to the Great Lakes region, and encouraging the Secretary-General, if asked to do so by the parties, to instruct MONUC to facilitate the development of this idea, with a view to possible support to its implementation, including by sending observers,
Recognizing the importance of electoral support in achieving governmental transition in the Democratic Republic of the Congo, and expressing its intention, once an all-inclusive transitional Government is in place, to consider the role the international community, in particular MONUC, might play in support to the electoral process,
Underlining that the main responsibility for resolving the conflict rests with the parties,
Taking note of the Secretary-General’s report of 5 June 2002 (S/2002/621) and its recommendations,
Determining that the situation in the Democratic Republic of the Congo continues to pose a threat to international peace and security in the region,
1. Decides to extend the mandate of MONUC until 30 June 2003;
2. Calls upon Member States to contribute personnel to enable MONUC to reach its authorized strength of 5,537, including observers, within the time frame outlined in its concept of operation;
3. Takes note of the recommendation by the Secretary-General for a troop ceiling increase and expresses its intention to consider authorizing it as soon as further progress has been achieved and the steps referred to in paragraph 12 of resolution 1376 (2001) of 9 November 2001 have been taken;
4. Condemns ethnically and nationally based calls for violence and the killings and attacks against civilians and soldiers that followed the events that took place on 14 May and thereafter in Kisangani, looks forward to receiving the joint report and recommendations by MONUC and the Office of the High Commissioner for Human Rights on the violence in Kisangani, and reiterates that it holds the Rassemblement Congolais pour la Democratie-Goma, as the de facto authority, responsible to bring to an end all extrajudicial executions, human rights violations and arbitrary harassment of civilians in Kisangani, and all other areas under RCD-Goma’s control, and that it demands the demilitarization of Kisangani;
5. Condemns the exploitation of ethnic differences in order to incite or carry out violence or human rights violations, deplores the humanitarian impact of such abuse, and in this regard expresses particular concern at the situation in the Ituri region and in South Kivu, in particular in the Hauts Plateaux, and calls on the de facto authorities in the regions affected to ensure the protection of civilians and the rule of law;
6. Reiterates its full support for the Special Representative of the Secretary-General and for all the dedicated MONUC personnel who operate in challenging conditions, demands that RCD-Goma provide full access and lift all restrictions on MONUC personnel, and fully cooperate with MONUC in the implementation of its mandate, and urges Rwanda to exert its influence to have RCD-Goma meet without delay all its obligations;
7. Recalling paragraph 8 of resolution 1291 (2000) of 24 February 2000 and paragraph 19 of resolution 1341 (2001) of 22 February 2001, supports the steps outlined in paragraphs 25 and 71 of the Secretary-General’s report (S/2002/621) and reaffirms MONUC’s mandate to take the necessary action in the areas of deployment of its armed units and as it deems it within its capabilities:
– to protect United Nations and co-located Joint Military Commission personnel, facilities, installations and equipment,
– to ensure the security and freedom of movements of its personnel,
– and to protect civilians under imminent threat of physical violence;
8. Requests MONUC to proceed expeditiously in the deployment of the additional 85 police trainers to Kisangani as endorsed in the statement of its President dated 24 May 2002, once MONUC determines that the necessary security conditions are in place;
9. Supports MONUC’s role in Disarmament, Demobilization, Repatriation, Resettlement, and Reintegration (DDRRR) as authorized in relevant Security Council resolutions, welcomes its deployment to Kisangani and Kindu, encourages it to move quickly to respond to any signs of interest in voluntary DDRRR by uncontrolled armed groups in the eastern parts of the Democratic Republic of the Congo, within its current means, and calls for the full cooperation of all the parties on DDRRR, including on the DDRRR of the ex-combatants of Kamina, and for the provision of the necessary planning information referred to in paragraph 12 (ii) of resolution 1376 (2001);
10. Welcomes the commitments made by the President of the Democratic Republic of the Congo, during the Security Council mission to the Great Lakes, not to support the armed groups referred to in Annex A, Chapter 9.1 of the Lusaka Ceasefire Agreement and regarding the cooperation with the International Criminal Tribunal for Rwanda and, in this regard, urges the Government of the Democratic Republic of the Congo fully to implement these commitments and urgently to take all necessary steps to ensure that its territory is not used to support these armed groups;
11. Stresses that the reduction in the number of foreign forces in the territory of the Democratic Republic of the Congo is encouraging, demands the total and expeditious withdrawal of all foreign forces, in accordance with its previous resolutions, without which the conflict cannot be resolved, and, in this regard, reiterates that all parties must transmit to MONUC, in accordance with the Lusaka Ceasefire Agreement and Security Council resolutions, in particular resolution 1376 (2001), the plans and timetables for the total withdrawal of their troops from the territory of the Democratic Republic of the Congo;
12. Encourages the parties, especially the Government of the Democratic Republic of the Congo and the Government of Rwanda, to address the fundamental security issues at the heart of the conflict and, in this context, to explore the scope for further confidence-building measures, such as the idea discussed during the Security Council mission to the Great Lakes region of a curtain of troops, as an interim measure aimed at ensuring border security in the final stages of withdrawal, and encourages the parties to follow up on their initial positive reaction and develop this idea;
13. Reiterates its support for the Inter-Congolese Dialogue and encourages the Government of the Democratic Republic of the Congo, Mouvement pour la Libération du Congo (MLC) and RCD-Goma to hold new discussions as soon as possible, in good faith, and without precondition, taking into account the progress in the Inter-Congolese Dialogue achieved in Sun City, in order to reach an all-inclusive agreement on the political transition, with the support of all the Congolese parties to the Inter-Congolese Dialogue;
14. While reaffirming that the primary responsibility for this dialogue lies with the Congolese themselves, stresses the importance of a strong United Nations role in support of this process and, in this respect, supports the efforts of the newly appointed Special Envoy of the Secretary-General, Mr. Mustapha Niasse;
15. Requests all parties and relevant States to extend their full cooperation to the Panel of Experts on the illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo and the link between the exploitation and the continuation of the conflict;
16. Requests the Secretary-General to report at least every four months to the Council on progress on the implementation of this resolution;
17. Decides to remain actively seized of the matter.
S/RES/1418 Extension of UNMission in Bosnia and Herzegovina
Date: 21 June 2002 Meeting: 4558
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, in particular resolution 1357 (2001) of 21 June 2001,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of its resolution 1357 (2001) shall continue in force until 30 June 2002;
2. Decides to remain seized of the matter.
S/RES/1419 Commendation of Afghan people on successful emergency meeting
Date: 26 June 2002 Meeting: 4560
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on Afghanistan, in particular its resolution 1383 (2001) of 6 December 2001,
Reaffirming also its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Reaffirming also its strong commitment to help the people of Afghanistan to bring to an end the tragic conflicts in Afghanistan and promote lasting peace, stability, and respect for human rights,
Reaffirming also its strong support for international efforts to root out terrorism, in keeping with the Charter of the United Nations, and reaffirming also its resolutions 1368 (2001) of 12 September 2001 and 1373 (2001) of 28 September 2001,
Reiterating its endorsement of the Agreement on Provisional Arrangements in Afghanistan Pending the Re-establishment of Permanent Government Institutions, signed in Bonn on 5 December 2001 (S/2001/1154) (the Bonn Agreement), and welcoming initial steps for its implementation, including the establishment of the Human Rights and Judicial Commissions,
1. Welcomes the successful and peaceful holding, from 11 June to 19 June, of the Emergency Loya Jirga opened by former King Mohammed Zaher, the “Father of the Nation”, and notes with particular satisfaction the large participation of women, as well as the representation of all ethnic and religious communities;
2. Commends the Afghan people for the success of the Emergency Loya Jirga and encourages them to continue to exercise their inalienable right to determine freely their own political future;
3. Welcomes the election, by the Emergency Loya Jirga, of the Head of State, President Hamid Karzai, and the establishment of the Transitional Authority;
4. Reiterates its strong support for the Transitional Authority in the full implementation of the Bonn Agreement, including the establishment of a Constitutional Commission, and in strengthening the central government, building a national army and police force, implementing demobilization/reintegration activities and improving the security situation throughout Afghanistan, combating illicit drug trafficking, ensuring respect for human rights, implementing judicial sector reform, establishing the basis for a sound economy and reconstructing productive capacity and infrastructure;
5. Calls on all Afghan groups, in this regard, to cooperate fully with the Transitional Authority in order to complete the process according to the Bonn Agreement and to implement the decisions of the Emergency Loya Jirga;
6. Urges the Transitional Authority to build on efforts of the Interim Administration to eradicate the annual poppy crop;
7. Urges also the Transitional Authority to build further on efforts of the Interim Administration to promote the welfare and interests of Afghan women and children and to provide education to boys and girls;
8. Commends the role of the United Nations system in support of efforts by the Afghans, reiterates its strong support for the Special Representative of the Secretary-General, Mr. Lakhdar Brahimi, and the staff of the United Nations Assistance Mission in Afghanistan (UNAMA), and reaffirms its endorsement of the full authority of the Special Representative of the Secretary-General, in accordance with its relevant resolutions, over the planning and conduct of all United Nations activities in Afghanistan;
9. Commends also the contribution of the International Security Assistance Force (ISAF) in providing a secure environment for the Emergency Loya Jirga;
10. Stresses once again the importance of continued international support to complete the process according to the Bonn Agreement, calls upon donor countries that pledged financial aid at the Tokyo conference to fulfil their commitments promptly and calls upon all Member States to support the Transitional Authority and to provide long-term assistance, as well as current budget support, for the current expenses of the Transitional Authority, and for the social and economic reconstruction and rehabilitation of Afghanistan as a whole;
11. Calls for significantly greater and more rapid international assistance to the vast number of Afghan refugees and internally displaced persons to facilitate their orderly return and effective reintegration into society in order to contribute to the stability of the entire country;
12. Calls upon all Afghan groups to support full and unimpeded access by humanitarian organizations to people in need and to ensure the safety and security of humanitarian workers;
13. Decides to remain actively seized of the matter.
S/RES/1420 Extension of UNMission in Bosnia and Herzegovina
Date: 30 June 2002 Meeting: 4564
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, in particular its resolutions 1357 (2001) of 21 June 2001 and 1418 (2002) of 21 June 2002,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of its resolution 1357 (2001) shall continue in force until 3 July 2002;
2. Decides to remain seized of the matter.
S/RES/1421 Extension of UNMission in Bosnia and Herzegovina
Date: 3 July 2002 Meeting: 4566
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, in particular its resolutions 1357 (2001) of 21 June 2001, 1418 (2002) of 21 June 2002 and 1420 (2002) of 30 June 2002,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of its resolution 1357 (2001) shall continue in force until 15 July 2002;
2. Decides to remain seized of the matter.
S/RES/1422 Limiting jurisdiction of International Criminal Court
Date: 12 July 2002 Meeting: 4572
Vote: Unanimous
The Security Council,
Taking note of the entry into force on 1 July 2002, of the Statute of the International Criminal Court (ICC), done at Rome 17 July 1998 (the Rome Statute),
Emphasizing the importance to international peace and security of United Nations operations,
Noting that not all States are parties to the Rome Statute,
Noting that States Parties to the Rome Statute have chosen to accept its jurisdiction in accordance with the Statute and in particular the principle of complementarity,
Noting that States not Party to the Rome Statute will continue to fulfil their responsibilities in their national jurisdictions in relation to international crimes,
Determining that operations established or authorized by the United Nations Security Council are deployed to maintain or restore international peace and security,
Determining further that it is in the interests of international peace and security to facilitate Member States’ ability to contribute to operations established or authorized by the United Nations Security Council,
Acting under Chapter VII of the Charter of the United Nations,
1. Requests, consistent with the provisions of Article 16 of the Rome Statute, that the ICC, if a case arises involving current or former officials or personnel from a contributing State not a Party to the Rome Statute over acts or omissions relating to a United Nations established or authorized operation, shall for a twelve-month period starting 1 July 2002 not commence or proceed with investigation or prosecution of any such case, unless the Security Council decides otherwise;
2. Expresses the intention to renew the request in paragraph 1 under the same conditions each 1 July for further 12-month periods for as long as may be necessary;
3. Decides that Member States shall take no action inconsistent with paragraph 1 and with their international obligations;
4. Decides to remain seized of the matter.
S/RES/1423 Extension of UNMission in Bosnia and Herzegovina
Date: 12 July 2002 Meeting: 4573
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, including resolutions 1031 (1995) of 15 December 1995, 1035 (1995) of 21 December 1995, 1088 (1996) of 12 December 1996, 1144 (1997) of 19 December 1997, 1168 (1998) of 21 May 1998, 1174 (1998) of 15 June 1998, 1184 (1998) of 16 July 1998, 1247 (1999) of 18 June 1999, 1305 (2000) of 21 June 2000, 1357 (2001) of 21 June 2001, and 1396 (2002) of 5 March 2002,
Reaffirming its commitment to the political settlement of the conflicts in the former Yugoslavia, preserving the sovereignty and territorial integrity of all States there within their internationally recognized borders,
Welcoming the arrival in Bosnia and Herzegovina on 27 May 2002 of the new High Representative, looking forward to working closely with him, and emphasizing its full support for the High Representative’s continued role,
Underlining its commitment to support the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto (collectively the Peace Agreement, S/1995/999, annex), as well as the relevant decisions of the Peace Implementation Council (PIC),
Emphasizing its appreciation to the High Representative, the Commander and personnel of the multinational stabilization force (SFOR), the Special Representative of the Secretary-General and the personnel of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), including the Commissioner and personnel of the International Police Task Force (IPTF), the Organization for Security and Cooperation in Europe (OSCE), and the personnel of other international organizations and agencies in Bosnia and Herzegovina for their contributions to the implementation of the Peace Agreement,
Welcoming the decision by the Council of Europe inviting Bosnia and Herzegovina to become a member and expressing its understanding that Bosnia and Herzegovina will commit itself to make progress towards fully meeting the standards of a modern democracy as a multi-ethnic, multicultural and united society,
Welcoming recent progress in effecting the decision of the Constitutional Court and calling upon all to support swift implementation of constitutional amendments in both entities of Bosnia and Herzegovina, which is critical to the establishment of stable democratic and multi-ethnic political and administrative institutions necessary for the implementation of the Peace Agreement,
Welcoming the positive steps of the Governments of the Republic of Croatia and the Federal Republic of Yugoslavia towards fulfilling their continuing obligations as signatories of the Peace Agreement, strengthening their bilateral relations with Bosnia and Herzegovina and their increasing cooperation with all relevant international organizations in implementing the Peace Agreement,
Emphasizing that a comprehensive and coordinated return of refugees and displaced persons throughout the region continues to be crucial to lasting peace,
Recalling the declarations of the Ministerial meetings of the Peace Implementation Conference,
Noting the reports of the High Representative, including his latest report of 13 May 2002 (S/2002/547),
Having considered the report of the Secretary-General of 5 June 2002 (S/2002/618) and welcoming the UNMIBH Mandate Implementation Plan,
Determining that the situation in the region continues to constitute a threat to international peace and security,
Determined to promote the peaceful resolution of the conflicts in accordance with the purposes and principles of the Charter of the United Nations,
Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President of 10 February 2000 (S/PRST/2000/4),
Welcoming and encouraging efforts by the United Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,
Acting under Chapter VII of the Charter of the United Nations,
I
1. Reaffirms once again its support for the Peace Agreement, as well as for the Dayton Agreement on implementing the Federation of Bosnia and Herzegovina of 10 November 1995 (S/1995/1021, annex), calls upon the parties to comply strictly with their obligations under those Agreements, and expresses its intention to keep the implementation of the Peace Agreement, and the situation in Bosnia and Herzegovina, under review;
2. Reiterates that the primary responsibility for the further successful implementation of the Peace Agreement lies with the authorities in Bosnia and Herzegovina themselves and that the continued willingness of the international community and major donors to assume the political, military and economic burden of implementation and reconstruction efforts will be determined by the compliance and active participation by all the authorities in Bosnia and Herzegovina in implementing the Peace Agreement and rebuilding a civil society, in particular in full cooperation with the International Tribunal for the Former Yugoslavia, in strengthening joint institutions, which foster the building of a fully functioning self-sustaining state, able to integrate itself into the European structures and in facilitating returns of refugees and displaced persons;
3. Reminds the parties once again that, in accordance with the Peace Agreement, they have committed themselves to cooperate fully with all entities involved in the implementation of this peace settlement, as described in the Peace Agreement, or which are otherwise authorized by the Security Council, including the International Tribunal for the Former Yugoslavia, as it carries out its responsibilities for dispensing justice impartially, and underlines that full cooperation by States and entities with the International Tribunal includes, inter alia, the surrender for trial of all persons indicted by the Tribunal and provision of information to assist in Tribunal investigations;
4. Emphasizes its full support for the continued role of the High Representative in monitoring the implementation of the Peace Agreement and giving guidance to and coordinating the activities of the civilian organizations and agencies involved in assisting the parties to implement the Peace Agreement, and reaffirms that the High Representative is the final authority in theatre regarding the interpretation of Annex 10 on civilian implementation of the Peace Agreement and that in case of dispute he may give his interpretation and make recommendations, and make binding decisions as he judges necessary on issues as elaborated by the Peace Implementation Council in Bonn on 9 and 10 December 1997;
5. Expresses its support for the declarations of the Ministerial meetings of the Peace Implementation Conference;
6. Recognizes that the parties have authorized the multinational force referred to in paragraph 10 below to take such actions as required, including the use of necessary force, to ensure compliance with Annex 1-A of the Peace Agreement;
7. Reaffirms its intention to keep the situation in Bosnia and Herzegovina under close review, taking into account the reports submitted pursuant to paragraphs 18 and 25 below, and any recommendations those reports might include, and its readiness to consider the imposition of measures if any party fails significantly to meet its obligations under the Peace Agreement;
II
8. Pays tribute to those Member States which participated in the multinational stabilization force established in accordance with its resolution 1088 (1996), and welcomes their willingness to assist the parties to the Peace Agreement by continuing to deploy a multinational stabilization force;
9. Notes the support of the parties to the Peace Agreement for the continuation of the multinational stabilization force, set out in the declaration of the Ministerial meeting of the Peace Implementation Conference in Madrid on 16 December 1998 (S/1999/139, annex);
10. Authorizes the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to continue for a further planned period of 12 months the multinational stabilization force (SFOR) as established in accordance with its resolution 1088 (1996) under unified command and control in order to fulfil the role specified in Annex 1-A and Annex 2 of the Peace Agreement, and expresses its intention to review the situation with a view to extending this authorization further as necessary in the light of developments in the implementation of the Peace Agreement and the situation in Bosnia and Herzegovina;
11. Authorizes the Member States acting under paragraph 10 above to take all necessary measures to effect the implementation of and to ensure compliance with Annex 1-A of the Peace Agreement, stresses that the parties shall continue to be held equally responsible for compliance with that Annex and shall be equally subject to such enforcement action by SFOR as may be necessary to ensure implementation of that Annex and the protection of SFOR, and takes note that the parties have consented to SFOR’s taking such measures;
12. Authorizes Member States to take all necessary measures, at the request of SFOR, either in defence of SFOR or to assist the force in carrying out its mission, and recognizes the right of the force to take all necessary measures to defend itself from attack or threat of attack;
13. Authorizes the Member States acting under paragraph 10 above, in accordance with Annex 1-A of the Peace Agreement, to take all necessary measures to ensure compliance with the rules and procedures established by the Commander of SFOR, governing command and control of airspace over Bosnia and Herzegovina with respect to all civilian and military air traffic;
14. Requests the authorities in Bosnia and Herzegovina to cooperate with the Commander of SFOR to ensure the effective management of the airports of Bosnia and Herzegovina, in the light of the responsibilities conferred on SFOR by Annex 1‑A of the Peace Agreement with regard to the airspace of Bosnia and Herzegovina;
15. Demands that the parties respect the security and freedom of movement of SFOR and other international personnel;
16. Invites all States, in particular those in the region, to continue to provide appropriate support and facilities, including transit facilities, for the Member States acting under paragraph 10 above;
17. Recalls all the agreements concerning the status of forces as referred to in Appendix B to Annex 1-A of the Peace Agreement, and reminds the parties of their obligation to continue to comply therewith;
18. Requests the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to continue to report to the Council, through the appropriate channels and at least at monthly intervals;
* *
Reaffirming the legal basis in the Charter of the United Nations on which the IPTF was given its mandate in resolution 1035 (1995),
III
19. Decides to extend the mandate of UNMIBH, which includes the IPTF, for an additional period terminating on 31 December 2002, and also decides that, during that period, the IPTF shall continue to be entrusted with the tasks set out in Annex 11 of the Peace Agreement, including the tasks referred to in the Conclusions of the London, Bonn, Luxembourg, Madrid and Brussels Conferences and agreed by the authorities in Bosnia and Herzegovina;
20. Welcomes the decision of the European Union (EU) to send a Police Mission (EUPM) to Bosnia and Herzegovina from 1 January 2003 as well as the close coordination between the European Union, UNMIBH and the High Representative to ensure a seamless transition and the invitation of the EU to non-EU member States to participate in the EUPM;
21. Requests the Secretary-General to keep the Council regularly informed and to report in six months on the implementation of the mandate of UNMIBH as a whole;
22. Reiterates that the successful implementation of the tasks of the IPTF rests on the quality, experience and professional skills of its personnel, and once again urges Member States, with the support of the Secretary-General, to ensure the provision of such qualified personnel;
23. Reaffirms the responsibility of the parties to cooperate fully with, and to instruct their respective responsible officials and authorities to provide their full support to, the IPTF on all relevant matters;
24. Reiterates its call upon all concerned to ensure the closest possible coordination between the High Representative, SFOR, UNMIBH and the relevant civilian organizations and agencies so as to ensure the successful implementation of the Peace Agreement and of the priority objectives of the civilian consolidation plan, as well as the security of IPTF personnel;
25. Urges Member States, in response to demonstrable progress by the parties in restructuring their law enforcement institutions, to intensify their efforts to provide, on a voluntary-funded basis and in coordination with the IPTF, training, equipment and related assistance for local police forces in Bosnia and Herzegovina;
26. Also requests the Secretary-General to continue to submit to the Council reports from the High Representative, in accordance with Annex 10 of the Peace Agreement and the conclusions of the Peace Implementation Conference held in London on 4 and 5 December 1996 (S/1996/1012), and later Peace Implementation Conferences, on the implementation of the Peace Agreement and in particular on compliance by the parties with their commitments under that Agreement;
27. Decides to remain seized of the matter.
S/RES/1424 Extension of UNMission of Observers in Prevlaka
Date: 12 July 2002 Meeting: 4574
Vote: Unanimous
The Security Council,
Recalling all its earlier relevant resolutions, including resolutions 779 (1992) of 6 October 1992, 981 (1995) of 31 March 1995, 1088 (1996) of 12 December 1996, 1147 (1998) of 13 January 1998, 1183 (1998) of 15 July 1998, 1222 (1999) of 15 January 1999, 1252 (1999) of 15 July 1999, 1285 (2000) of 13 January 2000, 1307 (2000) of 13 July 2000, 1335 (2001) of 12 January 2001, 1357 (2001) of 21 June 2001, 1362 (2001) of 11 July 2001 and 1387 (2002) of 15 January 2002,
Having considered the report of the Secretary-General of 28 June 2002 (S/2002/713) on the United Nations Mission of Observers in Prevlaka (UNMOP),
Reaffirming once again its commitment to the independence, sovereignty and territorial integrity of the Republic of Croatia within its internationally recognized borders,
Noting once again the Joint Declaration signed at Geneva on 30 September 1992 by the Presidents of the Republic of Croatia and the Federal Republic of Yugoslavia, in particular articles 1 and 3 thereof the latter reaffirming their agreement concerning the demilitarization of the Prevlaka peninsula, and the Agreement on Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia of 23 August 1996 (S/1996/706, annex),
Noting with satisfaction that the overall situation in the UNMOP area of responsibility has remained stable and calm, and encouraged by the progress made by the parties in normalizing their bilateral relationship,
Commending the role played by UNMOP, and noting also that the presence of the United Nations military observers continues to be important in maintaining conditions that are conducive to a negotiated settlement of the disputed issue of Prevlaka,
Recalling the relevant principles contained in the Convention of the Safety of the United Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President of 10 February 2000 (S/PRST/2000/4),
1. Authorizes the United Nations military observers to continue monitoring the demilitarization of the Prevlaka peninsula, in accordance with resolutions 779 (1992) and 981 (1995) and paragraphs 19 and 20 of the report of the Secretary-General of 13 December 1995 (S/1995/1028), until 15 October 2002, and requests the Secretary-General to report to the Council prior to this date, as appropriate;
2. Reiterates its calls upon the parties to cease all violations of the demilitarized regime in the United Nations designated zones, to cooperate fully with the United Nations military observers and to ensure their safety and full and unrestricted freedom of movement;
3. Welcomes continuing progress in the normalization of relations between the Governments of the Republic of Croatia and the Federal Republic of Yugoslavia and the establishment of an interstate Border Commission, and urges the parties to accelerate efforts towards a negotiated settlement on the disputed issue of Prevlaka in accordance with article 4 of the Agreement on Normalization of Relations, and expresses its intention to review the duration of the authority given in paragraph 1 above if the parties inform the Council that a negotiated agreement has been reached as described in section V of the report of the Secretary-General of 28 June 2002 (S/2002/713);
4. Decides to remain seized of the matter.
S/RES/1425 Recommendation of panel to study Somalia arms embargo violations
Date: 22 July 2002 Meeting: 4580
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions concerning the situation in Somalia, in particular on the weapon and military equipment embargo established by paragraph 5 of resolution 733 (1992) of 23 January 1992 (hereinafter referred to as the “arms embargo”), resolution 1407 (2002) of 3 May 2002, and the statement of its President of 28 March 2002 (S/PRST/2002/8),
Noting with serious concern the continued flow of weapons and ammunition supplies to and through Somalia from sources outside the country, in contravention of the arms embargo, which is severely undermining peace and security and the political efforts for national reconciliation in Somalia,
Reiterating its call on all States and other actors to comply scrupulously with the arms embargo, and its insistence that all States, in particular those of the region, should not interfere in the internal affairs of Somalia. Such interference only further destabilizes Somalia, contributes to a climate of fear and impacts adversely on human rights, and could jeopardize the sovereignty, territorial integrity, political independence and unity of Somalia,
Underlining the role of the Intergovernmental Authority of Development (IGAD), in particular the frontline States (Djibouti, Ethiopia and Kenya), in bringing lasting peace to Somalia, and expressing its support and expectation that the planned National Reconciliation Conference for Somalia to be held in Nairobi will move forward as a matter of urgency and with the pragmatic and result-oriented involvement of the frontline States,
Welcoming the report of the Secretary-General of 27 June 2002 (S/2002/709) and the report of the expert team appointed by the Secretary-General (S/2002/722), detailing the resources and expertise required for a Panel of Experts to generate independent information on the violations and for improving the enforcement of the arms embargo, in accordance with resolution 1407 (2002),
Acting under Chapter VII of the Charter of the United Nations,
1. Stresses that the arms embargo on Somalia prohibits financing of all acquisitions and deliveries of weapons and military equipment;
2. Decides that the arms embargo prohibits the direct or indirect supply to Somalia of technical advice, financial and other assistance, and training related to military activities;
3. Requests the Secretary-General to establish, within one month from the date of adoption of this resolution, in consultation with the committee established by resolution 751 (1992) of 24 April 1992 (hereinafter referred to as “the Committee”), a Panel of Experts consisting of three members to be based in Nairobi for a period of six months, in order to generate independent information on violations of the arms embargo and as a step towards giving effect to and strengthening the embargo, with the following mandate:
– investigating the violations of the embargo covering access to Somalia by land, air and sea, in particular by pursuing any sources that might reveal information related to violations, including relevant States, intergovernmental organizations and international law enforcement cooperation bodies, non-governmental organizations, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, members of the Transitional National Government, local authorities, political and traditional leaders, civil society and the business community;
– detailing information in relevant areas of expertise related to violations and measures to give effect to and strengthen the arms embargo in its various aspects;
– carrying out field based research, where possible, in Somalia, States neighbouring Somalia and other States, as appropriate;
– assessing the capacity of States in the region to implement fully the arms embargo, including through a review of national customs and border control regimes;
– providing recommendations on possible practical steps and measures for giving effect to and strengthening the arms embargo;
4. Further requests the Secretary-General to ensure that the Panel of Experts comprises, and have access to, sufficient expertise in the areas of armament and financing thereof, civil aviation, maritime transport, and regional affairs, including specialized knowledge of Somalia, in accordance with the resource requirements, administrative and financial arrangements outlined in the report of the expert team pursuant to resolution 1407 (2002);
5. Requests the Panel of Experts in its work in accordance with its mandate to take fully into account the recommendations provided in the report of the experts team pursuant to resolution 1407 (2002), including regarding cooperative arrangements, methodology and issues related to the strengthening of the arms embargo;
6. Requests all States and the Transitional National Government and local authorities in Somalia to cooperate fully with the Panel of Experts in its quest for information in accordance with this resolution, including by facilitating visits to sites and actors and by providing full access to government officials and records, as required by the Panel of Experts;
7. Calls again upon all States, in particular those in the region, to provide the Committee with all available information on violations of the arms embargo;
8. Urges all other individuals and entities contacted by the Panel of Experts to cooperate fully by providing relevant information and facilitating its investigations, including political and traditional leaders, members of the civil society and the business community, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, non-governmental organizations, intergovernmental organizations and international law enforcement cooperation bodies;
9. Requests the Panel of Experts to notify the Security Council immediately, through the Committee, of any lack of cooperation by the States, authorities, individuals and entities referred to in paragraphs 6 and 8 above;
10. Further requests the Panel of Experts to brief the Chairman of the Committee to inform his mission to the region, scheduled for October 2002, and to provide an oral briefing to the Council, through the Committee, in November 2002;
11. Requests the Panel of Experts to submit a final report at the end of its mandated period to the Security Council, through the Committee, for its consideration;
12. Requests the Chairman of the Committee to forward the report of the Panel of Experts, within two weeks of its reception, to the Security Council for its consideration;
13. Expresses its determination to consider the report of the Panel of Experts and any relevant proposals for follow-up action and recommendations on possible practical steps for strengthening the arms embargo;
14. Requests the Secretary-General, in his next report due on 31 October 2002, to include updates on:
– the activities undertaken to coordinate ongoing peace-building initiatives and to provide for their incremental expansion, and on the preparatory activities undertaken on the ground in preparation for a comprehensive peace-building mission once security conditions permit, in accordance with the statement of its President of 28 March 2002;
– the technical assistance and cooperation provided to enhance the administrative and judicial capacities throughout Somalia to contribute to the monitoring of and giving full effect to the arms embargo, in accordance with the statement of its President of 28 March 2002 and resolution 1407 (2002);
– the reporting by States to the Committee on measures they have in place to ensure the full and effective implementation of the arms embargo, in accordance with resolution 1407 (2002);
15. Further requests the Secretary-General to invite Member States to make contributions to the United Nations Trust Fund for Peace-Building in Somalia, acknowledging any pledges already made, and to ensure proper coordination among the involved United Nations agencies in implementing the tasks to be carried out in accordance with the statement of its President of 28 March 2002;
16. Calls on Member States to come forward with contributions to the United Nations activities in support of Somalia, including the Consolidated Inter-Agency Appeal for 2002;
17. Decides to remain actively seized of the matter.
S/RES/1426 Admission of Switzerland
Date: 24 July 2002 Meeting: 4585
Vote: Unanimous
The Security Council,
Having examined the application of the Swiss Confederation for admission to the United Nations (S/2002/801),
Recommends to the General Assembly that the Swiss Confederation be admitted to membership in the United Nations.
S/RES/1427 Extension of UNObserver Mission in Georgia
Date: 29 July 2002 Meeting: 4591
Vote: Unanimous
The Security Council,
Recalling all its relevant resolutions, in particular resolution 1393 (2002) of 31 January 2002,
Having considered the report of the Secretary-General of 10 July 2002 (S/2002/742),
Recalling the conclusions of the Lisbon (S/1997/57, annex) and Istanbul summits of the Organization for Security and Cooperation in Europe (OSCE) regarding the situation in Abkhazia, Georgia,
Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Recalling its condemnation of the shooting down of a helicopter of the United Nations Observer Mission in Georgia (UNOMIG) on 8 October 2001, which resulted in the death of the nine people on board, and deploring the fact that the perpetrators of that attack have still not been identified,
Stressing that the continued lack of progress on key issues of a comprehensive settlement of the conflict in Abkhazia, Georgia, is unacceptable,
Welcoming the important contributions made by UNOMIG and the Collective Peacekeeping Forces of the Commonwealth of Independent States (CIS peacekeeping force) in stabilizing the situation in the zone of conflict, and stressing its attachment to the close cooperation existing between them in the performance of their respective mandates,
Welcoming also the agreement on the extension of the mandate of the CIS peacekeeping force for a new period terminating on 31 December 2002,
1. Welcomes the report of the Secretary-General of 10 July 2002 (S/2002/742);
2. Commends and strongly supports the sustained efforts of the Secretary-General and his Special Representative, with the assistance of the Russian Federation in its capacity as facilitator as well as of the Group of Friends of the Secretary-General and of the OSCE, to promote the stabilization of the situation and the achievement of a comprehensive political settlement, which must include a settlement of the political status of Abkhazia within the State of Georgia;
3. Recalls, in particular, its support for the document on “Basic Principles for the Distribution of Competences between Tbilisi and Sukhumi” and for its letter of transmittal, finalized by, and with the full support of, all members of the Group of Friends;
4. Regrets the lack of progress on the initiation of political status negotiations, and recalls, once again, that the purpose of these documents is to facilitate meaningful negotiations between the parties, under the leadership of the United Nations, on the status of Abkhazia within the State of Georgia, and is not an attempt to impose or dictate any specific solution to the parties;
5. Underlines further that the process of negotiation leading to a lasting political settlement acceptable to both sides will require concessions from both sides;
6. Deeply regrets, in particular, the repeated refusal of the Abkhaz side to agree to a discussion on the substance of this document, again strongly urges the Abkhaz side to receive the document and its transmittal letter, urges both parties thereafter to give them full and open consideration, and to engage in constructive negotiations on their substance, and urges those having influence with the parties to promote this outcome;
7. Calls on the parties to spare no efforts to overcome their ongoing mutual mistrust;
8. Condemns any violations of the provisions of the Moscow Agreement of 14 May 1994 on a Ceasefire and Separation of Forces (S/1994/583, annex I), and demands that they cease immediately;
9. Welcomes the decrease of tensions in the Kodori Valley and the intention reaffirmed by the parties to resolve the situation peacefully, recalls its strong support to the protocol signed by the two sides on 2 April 2002 regarding the situation in the Kodori Valley, calls on both sides, and in particular the Georgian side, to continue to fully implement this protocol, and recognizes the legitimate security concerns of the civilian populations in the area, calls on the political leaders in Tbilisi and Sukhumi to observe security agreements, and calls on both sides to spare no efforts to agree a mutually acceptable arrangement for security of the population in, and in the vicinity of, the Kodori Valley;
10. Calls on the Georgian side to continue to improve security for joint UNOMIG and CIS peacekeeping force patrols in the Kodori Valley to enable them to monitor the situation independently and regularly;
11. Strongly urges the parties to ensure the necessary revitalization of the peace process in all its major aspects, to resume their work in the Coordinating Council and its relevant mechanisms, to build on the results of the Yalta meeting on confidence-building measures in March 2001 (S/2001/242), and to implement the proposals agreed on that occasion in a purposeful and cooperative manner;
12. Stresses the urgent need for progress on the question of the refugees and internally displaced persons, calls on both sides to display a genuine commitment to make returns the focus of special attention and to undertake this task in close coordination with UNOMIG, reaffirms the unacceptability of the demographic changes resulting from the conflict, reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration, recalls that the Abkhaz side bears a particular responsibility to protect the returnees and to facilitate the return of the remaining displaced population, and requests further measures to be undertaken inter alia by the United Nations Development Programme, the Office of the United Nations High Commissioner for Refugees and the Office for the Coordination of Humanitarian Affairs to create conditions conducive to the return of refugees and internally displaced persons, including through quick-impact projects, to develop their skills and to increase their self-reliance, with full respect for their inalienable right to return to their homes in secure and dignified conditions;
13. Urges once again the parties to implement the recommendations of the joint assessment mission to the Gali district, carried out under the aegis of the United Nations, welcomes the agreement of the parties in this regard to explore the possibility of enhancing support for local law enforcement agencies, and calls in particular on the Abkhaz side to improve law enforcement involving the local population and to address the lack of instruction in their mother tongue for the ethnic Georgian population;
14. Calls on both parties publicly to dissociate themselves from militant rhetoric and demonstrations of support for military options and for the activities of illegal armed groups, and reminds the Georgian side in particular to uphold its commitment to put an end to the activities of illegal armed groups;
15. Calls, once again, on the parties to take all necessary steps to identify those responsible for the shooting down of a UNOMIG helicopter on 8 October 2001 and to bring them to justice and underlines that it is the primary responsibility of both sides to provide appropriate security and to ensure the freedom of movement of UNOMIG, the CIS peacekeeping force and other international personnel;
16. Welcomes constant review by UNOMIG of its security arrangements in order to ensure the highest possible level of security for its staff;
17. Decides to extend the mandate of UNOMIG for a new period terminating on 31 January 2003;
18. Requests the Secretary-General to continue to keep the Council regularly informed and to report three months from the date of the adoption of this resolution on the situation in Abkhazia, Georgia;
19. Decides to remain actively seized of the matter.
S/RES/1428 Extension of UNInterim Force in Lebanon
Date: 30 July 2002 Meeting: 4593
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978) and 426 (1978) of 19 March 1978, 1310 (2000) of 27 July 2000, 1337 (2001) of 30 January 2001, 1365 (2001) of 31 July 2001 and 1391 (2002) of 28 January 2002, as well as the statements of its President on the situation in Lebanon, in particular the statement of 18 June 2000 (S/PRST/2000/21),
Recalling further the letter from its President to the Secretary-General of 18 May 2001 (S/2001/500),
Recalling also the Secretary-General’s conclusion that, as of 16 June 2000, Israel had withdrawn its forces from Lebanon in accordance with resolution 425 (1978) and met the requirements defined in the Secretary-General’s report of 22 May 2000 (S/2000/460), as well as the Secretary-General’s conclusion that United Nations Interim Force in Lebanon (UNIFIL) had essentially completed two of the three parts of its mandate, focusing now on the remaining task of restoring international peace and security,
Emphasizing the interim nature of UNIFIL,
Recalling its resolution 1308 (2000) of 17 July 2000,
Recalling further the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,
Responding to the request of the Government of Lebanon, as stated in the letter from its Permanent Representative to the United Nations of 9 July 2002 to the Secretary-General (S/2002/739),
1. Endorses the report of the Secretary-General on UNIFIL of 12 July 2002 (S/2002/746), and in particular its recommendation to renew the mandate of UNFIL for a further period of six months;
2. Decides to extend the present mandate of UNIFIL, as recommended by the Secretary-General, for a further period of six months, until 31 January 2003;
3. Requests the Secretary-General to continue to take the necessary measures to implement the reconfiguration of UNIFIL as outlined in his recent reports in accordance with the letter of the President of Security Council of 18 May 2001, in the light of developments on the ground and in consultation with the Government of Lebanon and the troop-contributing countries;
4. Reiterates its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized boundaries;
5. Commends the Government of Lebanon for taking steps to ensure the return of its effective authority throughout the south, including the deployment of Lebanese armed forces, and calls on it to continue these measures;
6. Calls on the parties to ensure UNIFIL is accorded full freedom of movement in the discharge of its mandate throughout its area of operation as outlined in the Secretary-General’s report;
7. Encourages the Government of Lebanon to ensure a calm environment throughout the south;
8. Reiterates its call on the parties to continue to fulfil the commitments they have given to respect fully the withdrawal line identified by the United Nations, as set out in the Secretary-General’s report of 16 June 2000 (S/2000/590), to exercise utmost restraint and to cooperate fully with the United Nations and UNIFIL;
9. Condemns all acts of violence, expresses great concern about the serious breaches and the air, sea and land violations of the withdrawal line, and urges the parties to put an end to these violations and to abide scrupulously by their obligation to respect the safety of the UNIFIL and other United Nations personnel;
10. Supports the continued efforts of UNIFIL to maintain the ceasefire along the withdrawal line through mobile patrols and observation from fixed positions and through close contacts with the parties to correct violations, resolve incidents and prevent their escalation;
11. Welcomes the continued contribution of UNIFIL to operational demining, encourages further assistance in mine action by the United Nations to the Government of Lebanon in support of both the continued development of its national mine action capacity and emergency demining activities in the south, commends donor countries for supporting these efforts through financial and in-kind contributions and welcomes in this regard the establishment of the International Support Group, takes note of the communication to the Government of Lebanon and UNIFIL of maps and information on the location of mines and stresses the necessity to provide the Government of Lebanon and UNIFIL with any additional maps and records on the location of mines;
12. Requests the Secretary-General to continue consultations with the Government of Lebanon and other parties directly concerned on the implementation of this resolution;
13. Requests also the Secretary-General, following appropriate consultations, including with the Government of Lebanon and the troop-contributing countries, to submit to the Council before the end of the present mandate a comprehensive report on the activities of UNIFIL, its technical reconfiguration and the tasks presently carried out by the United Nations Truce Supervision Organization (UNTSO);
14. Looks forward to the early fulfilment of the mandate of UNIFIL;
15. Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East, based on all its relevant resolutions including its resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973.
S/RES/1429 Extension of UNMission for the Referendum in Western Sahara
Date: 30 July 2002 Meeting: 4594
Vote: Unanimous
The Security Council,
Recalling all its previous resolutions on Western Sahara, in particular resolution 1359 (2001) of 29 June 2001 and resolution 1394 (2002) of 27 February 2002,
Stressing that in view of lack of progress in the settlement of the dispute over Western Sahara the search for a political solution is critically needed,
Concerned that this lack of progress continues to cause suffering to the people of Western Sahara, remains a source of potential instability in the region and obstructs the economic development of the Maghreb region,
Reaffirming its commitment to assist the parties to achieve a just, lasting and mutually acceptable political solution, which would be of benefit to the Maghreb region,
Seeking to alleviate the consequences of conflict in Western Sahara, and accordingly to secure the immediate release of prisoners of war and other detainees, to establish the fate of persons unaccounted for, and to repatriate refugees,
Determined to secure a just, lasting and mutually acceptable political solution which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations,
Expressing continuing full support for the role and work of the Secretary-General and his Personal Envoy,
Commending the parties for their continuing commitment to the ceasefire and welcoming the essential contribution which the United Nations Mission for the Referendum in Western Sahara (MINURSO) is making in that regard,
Having considered the report of the Secretary-General of 19 February 2002 (S/2002/178) and the four options contained therein,
Underlining also the validity of the Settlement Plan, while noting the fundamental differences between the parties in implementing the Plan,
Noting also the fundamental differences with regard to the four options contained in the report of the Secretary-General of 19 February 2002,
1. Continues to support strongly the efforts of the Secretary-General and his Personal Envoy to find a political solution to this long-standing dispute, invites the Personal Envoy to pursue these efforts taking into account the concerns expressed by the parties and expresses its readiness to consider any approach which provides for self-determination that may be proposed by the Secretary-General and the Personal Envoy, consulting, as appropriate, others with relevant experience;
2. Calls upon all the parties and the States of the region to cooperate fully with the Secretary-General and his Personal Envoy;
3. Calls upon the parties to collaborate with the United Nations High Commissioner for Refugees (UNHCR) in the implementation of confidence-building measures, and urges the international community to provide generous support to UNHCR and the World Food Programme in order to help them overcome the deteriorating food situation among the refugees;
4. Calls upon Morocco and the Polisario Front to continue to cooperate with the efforts of the International Committee of the Red Cross to resolve the problem of the fate of all those unaccounted for since the beginning of the conflict;
5. Welcomes the release of 101 Moroccan prisoners of war, and calls upon the Polisario Front to release without further delay all remaining prisoners of war in compliance with international humanitarian law;
6. Decides to extend the mandate of MINURSO until 31 January 2003;
7. Requests the Secretary-General to provide a report on the situation before the end of the present mandate that contains any further proposal from the Secretary-General and his Personal Envoy together with recommendations pertaining to the most appropriate configuration of MINURSO;
8. Decides to remain seized of the matter.
S/RES/1430 Adjustment of United Nations Mission in Ethiopia and Eritrea mandate
Date: 14 August 2002 Meeting: 4600
Vote: Unanimous
The Security Council,
Recalling its relevant resolutions concerning the situation between Eritrea and Ethiopia, in particular resolution 1398 (2002) of 15 March 2002,
Further recalling the report of 27 February 2002 of the Security Council Mission to Ethiopia and Eritrea undertaken in the period 21-25 February 2002 (S/2002/205),
Recalling the Delimitation Decision by the Boundary Commission of 13 April 2002 (S/2002/423), subsequently embraced by the parties as final and binding in accordance with the Comprehensive Peace Agreement signed in Algiers on 12 December 2000 (S/2000/1183),
Reaffirming its strong support for the Comprehensive Peace Agreement and the preceding Agreement on Cessation of Hostilities (S/2000/601), signed in Algiers on 18 June 2000 (hereafter referred to collectively as the “Algiers Agreements”),
Further reaffirming its strong support for the help in implementing the Algiers Agreements continuously provided by the Secretary-General and his Special Representative, including through their good offices, and for the role played by the United Nations Mission in Ethiopia and Eritrea (UNMEE) in the implementation of its mandate thereby contributing towards the completion of the peace process,
Reaffirming the need for both parties to fulfil their obligations under international law, including international humanitarian law, human rights law and refugee law, and to ensure the safety of all personnel of the United Nations, the International Committee of the Red Cross (ICRC) and other humanitarian organizations,
Further reaffirming its strong support for the African Union Liaison Mission in Ethiopia-Eritrea, and inviting the President ad interim of the Commission of the African Union to continue actively the role of the former Organization of African Unity in support of the peace process,
Having considered the report of the Secretary-General of 10 July 2002 (S/2002/744),
1. Decides to adjust the mandate of UNMEE, in order to assist the Boundary Commission in the expeditious and orderly implementation of its Delimitation Decision, to include with immediate effect:
(a) demining in key areas to support demarcation, and
(b) administrative and logistical support for the Field Offices of the Boundary Commission,
in accordance with the recommendations provided by the Secretary-General in paragraphs 13, 14 and 17 of the above report, and resolution 1398 (2002), with the costs of civilian demining contractors and Field Office support to be funded as outlined in paragraphs 14 and 17 of the report;
2. Endorses the technical steps for territorial transfers as a broad framework for the process as recommended by the Secretary-General in his report, and decides to review, as necessary, the implications for UNMEE in this regard, while strongly urging the parties to provide their full and prompt cooperation in the process with a view to ensuring an expeditious transition for the benefit of the affected populations;
3. Calls on the parties to cooperate fully and expeditiously with UNMEE in the implementation of its mandate, as adjusted through this resolution, by abiding scrupulously by the letter and spirit of their agreements, and by resolving all outstanding issues in accordance with the Algiers Agreements;
4. Encourages the parties to continue cooperating, fully and expeditiously, with UNMEE on providing the information and maps required by the Mission for the demining process;
5. Calls on the parties to cooperate fully and promptly with the Boundary Commission, including by implementing without conditions its binding Demarcation Directions, by abiding promptly by all its Orders, including the two issued on 17 July 2002 (S/2002/853), and by taking all steps necessary to ensure the personal security of the staff of the Commission when operating in territories under their control;
6. Appeals to the parties to exercise restraint, and emphasizes that in accordance with article 14 of the Agreement on Cessation of Hostilities, the security arrangements are to remain in effect, and that, accordingly, arrangements for the separation of forces, as achieved by the Temporary Security Zone and through the contributions of UNMEE, will continue to be of key importance;
7. Calls on the parties to refrain from unilateral troop or population movements, including establishment of any new settlements in areas near the border, until demarcation and orderly transfer of territorial control has been accomplished, in accordance with article 4.16 of the Comprehensive Peace Agreement;
8. Demands that the parties allow UNMEE full freedom of movement and remove with immediate effect any and all restrictions on, and impediments to the work of, UNMEE and its staff in the discharge of its mandate;
9. Expresses its disappointment that there has been no progress regarding the establishment of a direct high-altitude flight route for UNMEE between Asmara and Addis Ababa, given the importance to the demarcation process of a direct flight route, and renews its appeal to the parties to work with the Special Representative of the Secretary-General in a spirit of compromise to settle the issue for the mutual benefit of all;
10. Calls again on the parties to release and return without further delay all remaining prisoners of war and civilian internees under the auspices of the International Committee of the Red Cross in accordance with the Geneva Conventions and the Algiers Agreements;
11. Further calls on the parties to increase their efforts to take other measures that will build confidence and promote reconciliation between the two peoples for their mutual benefit, including in particular the areas listed in paragraph 14 of resolution 1398 (2002);
12. Encourages the guarantors, facilitators and witnesses of the Algiers Agreements and the Friends of UNMEE to intensify their contacts with the authorities of both countries with the view to contribute to an expeditious demarcation process;
13. Strongly emphasizes the importance of an expeditious and orderly demarcation process in order to further peace and normalize the relations between the parties, to enable displaced persons to return home and in order for the parties to move completely beyond the border issue and pave the way for reconstruction and development as well as political and economic cooperation;
14. Decides to remain actively seized of the matter.
S/RES/1431 Establishment of ad litem judge pool for Rwanda Tribunal
Date: 14 August 2002 Meeting: 4601
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000 and 1411 (2002) of 17 May 2002,
Having considered the letter from the Secretary-General to the President of the Security Council dated 14 September 2001 (S/2001/764) and the annexed letter from the President of the International Tribunal for Rwanda addressed to the Secretary-General dated 9 July 2001,
Having considered also the letter from the Secretary-General to the President of the Security Council dated 4 March 2002 (S/2002/241) and the annexed letter from the President of the International Tribunal for Rwanda addressed to the Secretary-General dated 6 February 2002,
Convinced of the need to establish a pool of ad litem judges in the International Tribunal for Rwanda in order to enable the International Tribunal for Rwanda to expedite the conclusion of its work at the earliest possible date and determined to follow closely the progress of the operation of the International Tribunal for Rwanda,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to establish a pool of ad litem judges in the International Tribunal for Rwanda, and to this end decides to amend articles 11, 12 and 13 of the Statute of the International Tribunal for Rwanda and to replace those articles with the provisions set out in annex I to this resolution and decides also to amend articles 13 bis and 14 of the Statute of the International Tribunal for the Former Yugoslavia and to replace those articles with the provisions set out in annex II to this resolution;
2. Requests the Secretary-General to make practical arrangements for the election as soon as possible of eighteen ad litem judges in accordance with Article 12 ter of the Statute of the International Tribunal for Rwanda and for the timely provision to the International Tribunal for Rwanda of personnel and facilities, in particular, for the ad litem judges and related offices of the Prosecutor, and further requests him to keep the Security Council closely informed of progress in this regard;
3. Urges all States to cooperate fully with the International Tribunal for Rwanda and its organs in accordance with their obligations under resolution 955 (1994) and the Statute of the International Tribunal for Rwanda;
4. Decides to remain actively seized of the matter.
International Tribunal for Rwanda
Annex I
Article 11
Composition of the Chambers
1. The Chambers shall be composed of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of four ad litem independent judges appointed in accordance with article 12 ter, paragraph 2, of the present Statute, no two of whom may be nationals of the same State.
2. Three permanent judges and a maximum at any one time of four ad litem judges shall be members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may be divided into sections of three judges each, composed of both permanent and ad litem judges. A section of a Trial Chamber shall have the same powers and responsibilities as a Trial Chamber under the present Statute and shall render judgement in accordance with the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal for Rwanda could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.
Article 12
Qualifications of judges
The permanent and ad litem judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers and sections of the Trial Chambers, due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.
Article 12 bis
Election of permanent judges
1. Eleven of the permanent judges of the International Tribunal for Rwanda shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for permanent judges of the International Tribunal for Rwanda from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in article 12 of the present Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991 (hereinafter referred to as “the International Tribunal for the Former Yugoslavia”) in accordance with article 13 bis of the Statute of that Tribunal;
(c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than twenty-two and not more than thirty-three candidates, taking due account of the adequate representation on the International Tribunal for Rwanda of the principal legal systems of the world;
(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect eleven permanent judges of the International Tribunal for Rwanda. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters, shall be declared elected. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 12 of the present Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the permanent judges of the International Tribunal for the Former Yugoslavia. They shall be eligible for re-election.
Article 12 ter
Election and appointment of ad litem judges
1. The ad litem judges of the International Tribunal for Rwanda shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for ad litem judges of the International Tribunal for Rwanda from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to four candidates meeting the qualifications set out in article 12 of the present Statute, taking into account the importance of a fair representation of female and male candidates;
(c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than thirty-six candidates, taking due account of the adequate representation of the principal legal systems of the world and bearing in mind the importance of equitable geographical distribution;
(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect the eighteen ad litem judges of the International Tribunal for Rwanda. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters shall be declared elected;
(e) The ad litem judges shall be elected for a term of four years. They shall not be eligible for re-election.
2. During their term, ad litem judges will be appointed by the Secretary-General, upon request of the President of the International Tribunal for Rwanda, to serve in the Trial Chambers for one or more trials, for a cumulative period of up to, but not including, three years. When requesting the appointment of any particular ad litem judge, the President of the International Tribunal for Rwanda shall bear in mind the criteria set out in article 12 of the present Statute regarding the composition of the Chambers and sections of the Trial Chambers, the considerations set out in paragraphs 1 (b) and (c) above and the number of votes the ad litem judge received in the General Assembly.
Article 12 quarter
Status of ad litem judges
1. During the period in which they are appointed to serve in the International Tribunal for Rwanda, ad litem judges shall:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent judges of the International Tribunal for Rwanda;
(b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the International Tribunal for Rwanda;
(c) Enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal for Rwanda.
2. During the period in which they are appointed to serve in the International Tribunal for Rwanda, ad litem judges shall not:
(a) Be eligible for election as, or to vote in the election of, the President of the International Tribunal for Rwanda or the Presiding Judge of a Trial Chamber pursuant to article 13 of the present Statute;
(b) Have power:
(i) To adopt rules of procedure and evidence pursuant to article 14 of the present Statute. They shall, however, be consulted before the adoption of those rules;
(ii) To review an indictment pursuant to Article 18 of the present Statute;
(iii) To consult with the President of the International Tribunal for Rwanda in relation to the assignment of judges pursuant to article 13 of the present Statute or in relation to a pardon or commutation of sentence pursuant to article 27 of the present Statute;
(iv) To adjudicate in pre-trial proceedings.
Article 13
Officers and members of the Chambers
1. The permanent judges of the International Tribunal for Rwanda shall elect a President from amongst their number.
2. The President of the International Tribunal for Rwanda shall be a member of one of its Trial Chambers.
3. After consultation with the permanent judges of the International Tribunal for Rwanda, the President shall assign two of the permanent judges elected or appointed in accordance with Article 12 bis of the present Statute to be members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia and eight to the Trial Chambers of the International Tribunal for Rwanda.
4. The members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia shall also serve as the members of the Appeals Chamber of the International Tribunal for Rwanda.
5. After consultation with the permanent judges of the International Tribunal for Rwanda, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal for Rwanda to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of that Trial Chamber as a whole.
International Tribunal for the Former Yugoslavia
Annex II
Article 13 bis
Election of permanent judges1. Fourteen of the permanent judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for judges of the International Tribunal from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in article 13 of the Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter referred to as “The International Tribunal for Rwanda”) in accordance with article 12 bis of the Statute of that Tribunal;
(c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than twenty-eight and not more than forty-two candidates, taking due account of the adequate representation of the principal legal systems of the world;
(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect fourteen permanent judges of the International Tribunal. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters, shall be declared elected. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 13 of the Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the judges of the International Court of Justice. They shall be eligible for re-election.
Article 14
Officers and members of the Chambers
1. The permanent judges of the International Tribunal shall elect a President from amongst their number.
2. The President of the International Tribunal shall be a member of the Appeals Chamber and shall preside over its proceedings.
3. After consultation with the permanent judges of the International Tribunal, the President shall assign four of the permanent judges elected or appointed in accordance with Article 13 bis of the Statute to the Appeals Chamber and nine to the Trial Chambers.
4. Two of the permanent judges of the International Tribunal for Rwanda elected or appointed in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President of that Tribunal, in consultation with the President of the International Tribunal, to be members of the Appeals Chamber and permanent judges of the International Tribunal.
5. After consultation with the permanent judges of the International Tribunal, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of the Trial Chamber as a whole.
S/RES/1432 Extension of suspension on travel restrictions for UNITAofficials
Date: 15 August 2002 Meeting: 4603
Vote: Unanimous
The Security Council,
Reaffirming all its previous resolutions, in particular resolution 1127 (1997) of 28 August 1997 and resolution 1412 (2002) of 17 May 2002, and statements by its President on the situation in Angola, in particular the statement of its President of 28 March 2002 (S/PRST/2002/7),
Welcoming the historic step taken by the Government of Angola and Uniao Nacional para a Independencia Total de Angola (UNITA), on 4 April 2002, in signing the Memorandum of Understanding Addendum to the Lusaka Protocol for the Cessation of Hostilities and the Resolution of the Outstanding Military Issues under the Lusaka Protocol (S/1994/1441, annex),
Welcoming further the efforts taken by the Government of Angola to restore peaceful and secure conditions in the country, to re-establish effective administration and to promote national reconciliation,
Welcoming also the ongoing efforts of UNITA to become an active participant in the democratic political process of Angola, in particular the demobilization and quartering of UNITA soldiers as well as the disbanding of UNITA’s military wing on 2 August 2002,
Reaffirming its commitment to preserve the sovereignty and territorial integrity of Angola,
Emphasizing the importance of the full implementation of the “Acordos de Paz”, the Lusaka Protocol, the Memorandum of Understanding Addendum of 4 April 2002, and the relevant United Nations Security Council resolutions, in close cooperation with the United Nations and the Troika of Observers,
Recalling its decision in resolution 1412 (2002) to suspend for a period of ninety days the measures imposed by paragraphs 4 (a) and (b) of resolution 1127 (1997) in order to facilitate the travel by UNITA members for the peace process and national reconciliation to advance,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to suspend the measures imposed by paragraphs 4 (a) and (b) of resolution 1127 (1997) for an additional period of ninety days from the date of adoption of this resolution, with a view to encouraging further the peace process and national reconciliation in Angola;
2. Decides that prior to the end of this period, the Security Council may consider reviewing the measures referred to in paragraph 1 above, taking into account all available information, including from the Government of Angola, on the implementation of the peace accords;
3. Decides to remain actively seized of the matter.
S/RES/1433 Establishment of UNMission in Angola
Date: 15 August 2002 Meeting: 4604
Vote: Unanimous
The Security Council,
Reaffirming its resolution 696 (1991) of 30 May 1991 and all of its subsequent resolutions on the situation in Angola, in particular resolution 1268 (1999) of 15 October 1999,
Emphasizing its commitment to preserve the unity, sovereignty and territorial integrity of Angola,
Reaffirming the importance of the “Acordos de Paz”, the Lusaka Protocol and the Memorandum of Understanding Addendum to the Lusaka Protocol for the Cessation of Hostilities and the Resolution of the Outstanding Military Issues under the Lusaka Protocol (S/1991/1441, annex), as well as relevant Security Council resolutions,
Recalling the Statement of its President of 28 March 2002 (S/PRST/2002/7), which, in particular, stresses the willingness of the Council to support adjustments to the mandate of the United Nations Office in Angola (UNOA) which should take into account recent developments in Angola,
Welcoming the report of the Secretary-General of 26 July 2002 (S/2002/834),
Expressing its appreciation for the work of UNOA in support of the people of Angola,
Expressing also its view that the presence of the United Nations in Angola can contribute to the consolidation of peace through the promotion of political, military, human rights, humanitarian and economic goals as set out in the report of the Secretary-General,
1. Authorizes the establishment of, as a follow-on mission to UNOA, the United Nations Mission in Angola (UNMA) for a period of six months until 15 February 2003, to pursue the objectives and perform the tasks recommended by the Secretary-General in his report and reflected in paragraph 3 below, and expresses its intention in determining whether to extend, adjust or curtail this mission, to take into account the recommendations of the Secretary-General based on his Special Representative’s assessment of progress in completing the Lusaka Protocol;
2. Welcomes the appointment of a resident Special Representative of the Secretary-General (SRSG) to serve as the head of UNMA, and to oversee a coordinated and integrated approach to United Nations activities in Angola as reflected in the UNMA mandate described in paragraph 3 below;
3. Endorses the staffing of UNMA as appropriate and as recommended by the Secretary-General in his report, including the recommendation for a Child Protection Adviser, with the following mandate:
A. To assist the parties in concluding the Lusaka Protocol by:
(1) Chairing the Joint Commission;
(2) Leading the completion of the agreed list of tasks which remain pending under the Lusaka Protocol;
B. To assist the Government of Angola in undertaking the following tasks:
(1) Protection and Promotion of Human Rights and in the building of institutions to consolidate peace and enhance the rule of law;
(2) Provision of technical advice and support for mine action;
(3) Facilitation and coordination of delivery of humanitarian assistance to vulnerable groups including internally displaced persons and families in quartering areas, with special concern for children and women;
(4) Support for social and professional reintegration of the demobilized through appropriate United Nations agencies;
(5) Promotion of economic recovery through relevant United Nations agencies;
(6) Mobilization of resources of the international community, to include international donors conferences, as appropriate; and
(7) Provision of technical assistance to the Government of Angola in the preparation of elections;
4. Requests the Secretary-General to report to the Security Council when his Special Representative confirms that the Joint Commission has determined that all remaining tasks under the Lusaka Protocols have been completed, and notes that upon the conclusion of the mandate, the United Nations Resident Coordinator resumes authority for supervising the above tasks, as appropriate;
5. Requests the Secretary-General to provide an interim report to enable a three-month review of the work of UNMA by the Security Council;
6. Decides to remain actively seized of the matter.
S/RES/1434 Extension of UNMission in Ethiopia and Eritrea
Date: 6 September 2002 Meeting: 4606
Vote: Unanimous
The Security Council,
Reaffirming all its previous resolutions and statements pertaining to the situation between Eritrea and Ethiopia, notably the requirements contained therein, including in particular resolution 1430 (2002) of 14 August 2002,
Further reaffirming its unwavering support for the peace process and its commitment, including through the role played by the United Nations Mission in Ethiopia and Eritrea (UNMEE) in the implementation of its mandate, to the full and expeditious implementation of the Comprehensive Peace Agreement signed by the parties on 12 December 2000 and the preceding Agreement on Cessation of Hostilities of 18 June 2000 (S/2000/1183 and S/2000/601, respectively, hereinafter referred to as the “Algiers Agreements”), the Delimitation Decision by the Boundary Commission of 13 April 2002 (S/2002/423) embraced by the parties as final and binding in accordance with the Algiers Agreements, including the Orders issued on 17 July 2002 (S/2002/853), and the ensuing binding Demarcation Directions,
Welcoming the recent confirmations by both parties to implement fully their commitments under article 2 of the Comprehensive Peace Agreement, in accordance with the Geneva Conventions, and in so doing, welcoming the recent release and repatriation by Eritrea of 279 prisoners of war (POWs) and strongly encouraging Ethiopia to follow through on its pledge relating to the release and repatriation of its POWs and civilian internees, and calling upon both parties to continue to clarify the cases of any remaining POWs and to resolve all other remaining issues in accordance with the Geneva Conventions, in cooperation with the International Committee of the Red Cross (ICRC),
Expressing concern regarding reported incidents of cross border harassment and abductions of civilians on both sides, referred to in the report of the Secretary-General of 30 August 2002 (S/2002/977), and calling on both parties to ensure an immediate end to such incidents and to cooperate fully with UNMEE investigations in this regard,
Having considered the report of the Secretary-General (S/2002/977),
1. Decides to extend the mandate of UNMEE at the troop and military observer levels authorized by its resolution 1320 (2000) until 15 March 2003;
2. Further decides to review frequently the progress made by the parties in the implementation of their commitments pursuant to the Algiers Agreements, including through the Boundary Commission, and to review any implications for UNMEE, including with regard to the process of territorial transfers during the demarcation as outlined by the Secretary-General in his report of 10 July 2002;
3. Decides to remain actively seized of the matter.
S/RES/1435 Demand for halt to Israeli measures in Ramallah
Date: 24 September 2002 Meeting: 4614
Vote: 14-0-1 In favour: Bulgaria, Cameroon, China, Colombia, France,
Guinea, Ireland, Mauritius, Mexico, Norway, Russian Federation, Singapore, Syria, United Kingdom.
Against: None.
Abstaining: United States.
The Security Council,
Reaffirming its resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, 1402 (2002) of 30 March 2002 and 1403 (2002) of 4 April 2002, as well as the statements of its President, of 10 April 2002 and 18 July 2002,
Reiterating its grave concern at the tragic and violent events that have taken place since September 2000 and the continuous deterioration of the situation,
Condemning all terrorist attacks against any civilians, including the terrorist bombings in Israel on 18 and 19 September 2002 and in a Palestinian school in Hebron on 17 September 2002,
Gravely concerned at the reoccupation of the headquarters of the President of the Palestinian Authority in the City of Ramallah that took place on 19 September 2002 and demanding its immediate end,
Alarmed at the reoccupation of Palestinian cities as well as the severe restrictions imposed on the freedom of movement of persons and goods, and gravely concerned at the humanitarian crisis being faced by the Palestinian people,
Reiterating the need for respect in all circumstances of international humanitarian law, including the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,
1. Reiterates its demand for the complete cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction;
2. Demands that Israel immediately cease measures in and around Ramallah including the destruction of Palestinian civilian and security infrastructure;
3. Demands also the expeditious withdrawal of the Israeli occupying forces from Palestinian cities towards the return to the positions held prior to September 2000;
4. Calls on the Palestinian Authority to meet its expressed commitment to ensure that those responsible for terrorist acts are brought to justice by it;
5. Expresses its full support for the efforts of the Quartet and calls upon the Government of Israel, the Palestinian Authority and all States in the region to cooperate with these efforts and recognizes in this context the continuing importance of the initiative endorsed at the Arab League Beirut Summit;
6. Decides to remain seized of the matter.
S/RES/1436 Extension of UNMission in Sierra Leone
Date: 24 September 2002 Meeting: 4615
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and the statements of its President concerning the situation in Sierra Leone,
Affirming the commitment of all States to respect the sovereignty, political independence and territorial integrity of Sierra Leone,
Welcoming the peaceful elections held in Sierra Leone in May 2002 and commending the United Nations Mission in Sierra Leone (UNAMSIL) for the support it provided,
Expressing its concern at the continuing fragile security situation in the Mano River region, particularly the conflict in Liberia, and at the substantial number of refugees and the humanitarian consequences for the civilian, refugee and internally displaced populations in the region, and emphasizing the importance of cooperation among the countries of the Mano River Union,
Reiterating the importance of the effective consolidation of State authority throughout Sierra Leone, the extension of effective State control over and regulation of the diamond fields, the reintegration of ex-combatants, voluntary and unhindered return of refugees and internally displaced persons, and full respect for human rights and the rule of law, paying special attention to the protection of women and children, and stressing continued United Nations support to the Government of Sierra Leone in fulfilling these objectives,
Welcoming the launch of the Special Court for Sierra Leone and the Truth and Reconciliation Commission and emphasizing their importance in taking effective action on impunity and accountability and in promoting reconciliation,
Welcoming the progress made in developing the capacity of the Sierra Leone Police and armed forces, but recognizing the need for further strengthening to enable them to maintain security and stability independently,
Emphasizing the importance of the continuing support of UNAMSIL to the Government of Sierra Leone in the consolidation of peace and stability,
Having considered the report of the Secretary-General of 5 September 2002 (S/2002/987), particularly its proposals for adjustments to the strength of UNAMSIL, and stressing the need for UNAMSIL to maintain an appropriate level of military capability and mobility while these adjustments are made,
1. Decides that the mandate of UNAMSIL shall be extended for a period of six months from 30 September 2002;
2. Expresses its appreciation to those Member States providing troops, civilian police personnel and support elements to UNAMSIL and those who have made commitments to do so;
3. Takes note of the Secretary-General’s proposals for adjustments to the size, composition and deployment of UNAMSIL, as outlined in paragraphs 26 to 36 and 58 of his report of 5 September 2002 (S/2002/987), and notes the improvements in the security situation in Sierra Leone;
4. Urges UNAMSIL, guided by an evaluation of the security situation and the capacity of the Sierra Leonean security sector to take responsibility for internal and external security, to complete phases 1 and 2 of the Secretary-General’s plan, including a reduction of 4,500 troops within eight months, taking into account the necessary arrangements that need to be completed, and requests the Secretary-General to report to the Council at the end of each phase, and at regular intervals, on the progress made by UNAMSIL in implementing the adjustments and in the planning of subsequent phases, and to make any necessary recommendations;
5. Expresses concern at the continuing financial shortfall in the multi-donor Trust Fund for the disarmament, demobilization and reintegration programme, and urges the Government of Sierra Leone to seek actively the urgently needed additional resources for reintegration;
6. Welcomes the National Recovery Strategy of the Government of Sierra Leone and calls on States, international organizations and non-governmental organizations to assist in the wide range of recovery efforts and to pledge additional financial support in the context of the forthcoming Consultative Group meeting;
7. Emphasizes that the development of the administrative capacities of the Government of Sierra Leone, particularly an effective and sustainable police force, army, penal system and independent judiciary, is essential to long-term peace and development, and therefore urges the Government of Sierra Leone, with the assistance of donors and of UNAMSIL, in accordance with its mandate, to accelerate the consolidation of civil authority and public services throughout the country, and to strengthen the operational effectiveness of the security sector;
8. Notes the efforts made by the Government of Sierra Leone towards effective control of the diamond mining areas, expresses concern about the continuing volatility there and urges the Government of Sierra Leone to set out and implement urgently a policy to regulate and control diamond mining activities;
9. Emphasizes the importance of a coordinated approach to strengthening the Sierra Leone Police, based on a detailed analysis of its training and development needs, led by a steering committee chaired by the Sierra Leone Police, notes the Secretary-General’s recommendations on enhancing the role of the United Nations civilian police to support this process, supports the deployment of up to 170 civilian police in UNAMSIL, to be recruited as necessary on the recommendation of the steering committee, and requests the Secretary-General to update the Council in his next report on the deployment of United Nations civilian police in the light of the steering committee’s decisions;
10. Reiterates its strong support for the Special Court for Sierra Leone, welcomes the start of the Court’s operations, encourages donors to contribute generously to the Trust Fund for the Special Court and to disburse existing pledges rapidly, and urges UNAMSIL to negotiate rapidly a memorandum of understanding with the Special Court in order to provide all necessary administrative and related support promptly, as requested in paragraph 9 of resolution 1400 (2002), including on the identification and securing of crime scenes;
11. Welcomes progress made in establishing the Truth and Reconciliation Commission, and urges donors urgently to commit funds to its revised budget;
12. Encourages the Presidents of the Mano River Union to continue dialogue and to implement their commitments to building regional peace and security, and encourages the renewed efforts of the Economic Community of West African States and Morocco towards a settlement of the crisis in the Mano River Union region;
13. Welcomes the Secretary-General’s commitment to finding a solution to the conflict in Liberia, so as to build peace in the subregion, including through the establishment of a contact group, demands that the armed forces of Liberia and any armed groups refrain from illegal incursions into the territory of Sierra Leone, calls upon all States to comply fully with all relevant resolutions of the Council, including the embargo on all deliveries of weapons and military equipment to Liberia, and encourages the Sierra Leonean armed forces, together with UNAMSIL, to maintain intensive patrolling of the border with Liberia;
14. Encourages the Government of Sierra Leone to pay special attention to the needs of women and children affected by the war, as outlined in paragraphs 47 to 48 of the report of the Secretary-General of 5 September 2002 (S/2002/987);
15. Welcomes the steps taken by UNAMSIL to prevent sexual abuse and exploitation of women and children and encourages UNAMSIL to continue to enforce the policy of zero tolerance for any such acts perpetrated by anyone employed by UNAMSIL, while calling on States concerned to take the necessary measures to bring to justice their own nationals responsible for such crimes;
16. Encourages the continued support of UNAMSIL, within its capabilities and areas of deployment, for the voluntary return of refugees and displaced persons, and urges all stakeholders to continue to cooperate to this end to fulfil their commitments under the Abuja Ceasefire Agreement of 10 November 2000 (S/2000/1091);
17. Welcomes the Secretary-General’s intention to keep the security, political, humanitarian and human rights situation in Sierra Leone under close review and to report to the Council, after due consultations with troop-contributing countries and the Government of Sierra Leone, with any additional recommendations;
18. Decides to remain actively seized of the matter.
S/RES/1437 Extension of UNMission of Observers in Prevlaka
Date: 11 October 2002 Meeting: 4622
Vote: Unanimous
The Security Council,
Recalling all its earlier relevant resolutions, including resolutions 779 (1992) of 6 October 1992, 981 (1995) of 31 March 1995, 1088 (1996) of 12 December 1996, 1147 (1998) of 13 January 1998, 1183 (1998) of 15 July 1998, 1222 (1999) of 15 January 1999, 1252 (1999) of 15 July 1999, 1285 (2000) of 13 January 2000, 1307 (2000) of 13 July 2000, 1335 (2001) of 12 January 2001, 1357 (2001) of 21 June 2001, 1362 (2001) of 11 July 2001, 1387 (2002) of 15 January 2002 and 1424 (2002) of 12 July 2002,
Having considered the report of the Secretary-General of 2 October 2002 (S/2002/1101) on the United Nations Mission of Observers in Prevlaka (UNMOP),
Reaffirming once again its commitment to the independence, sovereignty and territorial integrity of the Republic of Croatia within its internationally recognized borders,
Noting once again the Joint Declaration signed at Geneva on 30 September 1992 by the Presidents of the Republic of Croatia and the Federal Republic of Yugoslavia, in particular articles 1 and 3 thereof the latter reaffirming their agreement concerning the demilitarization of the Prevlaka peninsula, and the Agreement on Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia of 23 August 1996 (S/1996/706, annex),
Noting with satisfaction that the overall situation in the UNMOP area of responsibility has remained stable and calm, and encouraged by the progress made by the parties in normalizing their bilateral relationship, in particular through negotiations aimed at finding a transitional arrangement for the Prevlaka peninsula,
Commending the role played by UNMOP, and noting also that the presence of the United Nations military observers continues to be important in maintaining conditions that are conducive to a negotiated settlement of the disputed issue of Prevlaka,
Recalling the relevant principles contained in the Convention on the Safety of the United Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President of 10 February 2000 (S/PRST/2000/4),
1. Authorizes UNMOP to continue monitoring the demilitarization of the Prevlaka peninsula, as a last extension of its mandate, until 15 December 2002;
2. Requests the Secretary-General to prepare for the termination of UNMOP’s mandate on 15 December 2002 by gradually reducing the number of personnel and concentrating its activities in a way that reflects the stable and peaceful conditions in the area and the normalization of relations between the parties;
3. Also requests the Secretary-General to report to the Council on the completion of UNMOP’s mandate;
4. Reiterates its calls upon the parties to comply with the demilitarized regime in the United Nations designated zones, to cooperate fully with the United Nations military observers and to ensure their safety and full and unrestricted freedom of movement;
5. Welcomes continuing progress in the normalization of relations between the Governments of the Republic of Croatia and the Federal Republic of Yugoslavia and the establishment of an interstate Border Commission, and urges the parties to accelerate efforts towards a negotiated settlement on the disputed issue of Prevlaka in accordance with article 4 of the Agreement on Normalization of Relations;
6. Expresses its readiness to review the duration of the authority given in paragraph 1 above, with a view to shortening the time frame, if the parties so request;
7. Decides to remain seized of the matter.
S/RES/1438 Condemnation of bomb attacks in Bali, Indonesia
Date: 14 October 2002 Meeting: 4624
Vote: Unanimous
The Security Council,
Reaffirming the purposes and principles of the Charter of the United Nations and its relevant resolutions, in particular resolution 1373 (2001) of 28 September 2001,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts,
1. Condemns in the strongest terms the bomb attacks in Bali, Indonesia, on 12 October 2002 in which so many lives were claimed and people injured, as well as other recent terrorist acts in various countries, and regards such acts, like any act of international terrorism, as a threat to international peace and security;
2. Expresses its deepest sympathy and condolences to the Government and people of Indonesia and to the victims of the bomb attacks and their families;
3. Urges all States, in accordance with their obligations under resolution 1373 (2001), to work together urgently and to cooperate with and provide support and assistance, as appropriate, to the Indonesian authorities in their efforts to find and bring to justice the perpetrators, organizers and sponsors of these terrorist attacks;
4. Expresses its reinforced determination to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations.
S/RES/1439 Lifting of travel ban on UNITA officials
Date: 18 October 2002 Meeting: 4628
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 864 (1993) of 15 September 1993 and all subsequent relevant resolutions, in particular resolutions 1127 (1997) of 28 August 1997, 1173 (1998) of 12 June 1998, 1237 (1999) of 7 May 1999, 1295 (2000) of 18 April 2000, 1336 (2001) of 23 January 2001, 1348 (2001) of 19 April 2001, 1374 (2001) of 19 October 2001, 1404 (2002) of 18 April 2002, 1412 (2002) of 17 May 2002 and 1432 (2002) of 15 August 2002,
Reaffirming also its commitment to preserve the sovereignty and territorial integrity of Angola,
Welcoming the steps taken by the Government of Angola and União Nacional para a Independência Total de Angola (UNITA) toward the full implementation of the “Acordos de Paz”, the Lusaka Protocol (S/1994/1441, annex), the Memorandum of Understanding of 4 April 2002 (S/2002/483), and the relevant United Nations Security Council resolutions,
Welcoming also the reconvening of the Joint Commission, the establishment of the United Nations Mission in Angola, and the appointment of a Special Representative of the Secretary-General for Angola,
Expressing once again its concern regarding the humanitarian effects of the present situation on the civilian population of Angola,
Recognizing the importance attached, inter alia, to the monitoring, for as long as it is necessary, of the implementation of the provisions contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998),
Noting the existence of continued challenges to the stability of Angola and determining that ensuring the stability of Angola is necessary for the maintenance of peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Expresses its intention to give full consideration to the additional report of the monitoring mechanism established pursuant to resolution 1295 (2000) submitted pursuant to paragraph 7 of resolution 1404 (2002);
2. Decides to extend the mandate of the monitoring mechanism for a further period of two months, ending on 19 December 2002, subject to review by the Council;
3. Requests the monitoring mechanism to provide the Committee established pursuant to resolution 864 (1993) (hereinafter referred to as “the Committee”) within 10 days of the date of adoption of this resolution with an action plan for its future work to include:
– plans for ample consultations in Angola between members of the monitoring mechanism and representatives of both the Government of Angola and UNITA with a view to assessing the situation and to contributing towards a full review by the Council of the measures imposed against UNITA once the peace process has been completed;
– an assessment of possible violations of existing measures imposed against UNITA that may have occurred since the signing of the Memorandum of Understanding of 4 April 2002;
– details onrenewed efforts to locate UNITA funds and financial resources currently frozen pursuant to existing measures;
– development of possible recommendations with regard to the issue of funds and financial resources which have been located by Member States and subsequently frozen pursuant to existing measures;
– details onongoing monitoring and investigation of possible violations of the arms embargo established pursuant to resolution 864 (1993) and prohibitions against the import from Angola of diamonds not controlled by the Government of Angola’s certificate of origin scheme as called for under resolution 1173 (1998);
4. Requests further the monitoring mechanism to provide a further additional report to the Committee by 13 December 2002, focusing in particular on possible violations of measures imposed against UNITA that may have occurred since the signing of the Memorandum of Understanding of 4 April 2002 and the identification of UNITA funds and financial resources frozen pursuant to paragraph 11 of resolution 1173 (1998);
5. Requests the Secretary-General, upon adoption of this resolution and acting in consultation with the Committee to appoint two experts to serve on the monitoring mechanism and further requests the Secretary-General to make the necessary financial arrangements to support the work of the monitoring mechanism;
6. Requests the Chairman of the Committee to submit the additional report to the Council by 19 December 2002;
7. Calls upon all States to cooperate fully with the monitoring mechanism in the discharge of its mandate;
8. Decides that the provisions of paragraph 4 (a) and 4 (b) of resolution 1127 (1997) shall cease to have effect from 00:01 Eastern Standard Time on 14 November 2002, following the expiration of the suspension of the measures as set out in paragraph 1 of resolution 1432 (2002);
9. Decides to review, with a view to the possible lifting of, all the measures in resolutions 864 (1993), 1127 (1997) and 1173 (1998) by 19 November 2002, taking into account all available information, including from the Government of Angola and all other parties involved, on the implementation of the peace accords;
10. Decides to remain actively seized of the matter.
S/RES/1440 Condemnation of Moscow hostage-taking
Date: 24 October 2002 Meeting: 4632
Vote: Unanimous
The Security Council,
Reaffirming the purposes and principles of the Charter of the United Nations and its relevant resolutions, in particular resolution 1373 (2001) of 28 September 2001,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts,
1. Condemns in the strongest terms the heinous act of taking hostages in Moscow, the Russian Federation, on 23 October 2002, as well as other recent terrorist acts in various countries, and regards such acts, like any act of international terrorism, as a threat to international peace and security;
2. Demands immediate and unconditional release of all hostages of this terrorist act;
3. Expresses the deepest sympathy and condolences to the people and the Government of the Russian Federation and to the victims of the terrorist attack and their families;
4. Urges all States, in accordance with their obligations under resolution 1373 (2001), to cooperate with the Russian authorities in their efforts to find and bring to justice the perpetrators, organizers and sponsors of this terrorist attack;
5. Expresses its reinforced determination to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations.
S/RES/1441 Iraqi material breach of disarmament obligations
Date: 8 November 2002 Meeting: 4644
Vote: Unanimous
The Security Council,
Recalling all its previous relevant resolutions, in particular its resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, and 1284 (1999) of 17 December 1999, and all the relevant statements of its President,
Recalling also its resolution 1382 (2001) of 29 November 2001 and its intention to implement it fully,
Recognizing the threat Iraq’s non-compliance with Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security,
Recalling that its resolution 678 (1990) authorized Member States to use all necessary means to uphold and implement its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area,
Further recalling that its resolution 687 (1991) imposed obligations on Iraq as a necessary step for achievement of its stated objective of restoring international peace and security in the area,
Deploring the fact that Iraq has not provided an accurate, full, final, and complete disclosure, as required by resolution 687 (1991), of all aspects of its programmes to develop weapons of mass destruction and ballistic missiles with a range greater than one hundred and fifty kilometres, and of all holdings of such weapons, their components and production facilities and locations, as well as all other nuclear programmes, including any which it claims are for purposes not related to nuclear-weapons-usable material,
Deploring further that Iraq repeatedly obstructed immediate, unconditional, and unrestricted access to sites designated by the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA), failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons inspectors, as required by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM and the IAEA in 1998,
Deploring the absence, since December 1998, in Iraq of international monitoring, inspection, and verification, as required by relevant resolutions, of weapons of mass destruction and ballistic missiles, in spite of the Council’s repeated demands that Iraq provide immediate, unconditional, and unrestricted access to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC), established in resolution 1284 (1999) as the successor organization to UNSCOM, and the IAEA, and regretting the consequent prolonging of the crisis in the region and the suffering of the Iraqi people,
Deploring also that the Government of Iraq has failed to comply with its commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant to resolution 688 (1991) to end repression of its civilian population and to provide access by international humanitarian organizations to all those in need of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to return or cooperate in accounting for Kuwaiti and third country nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully seized by Iraq,
Recalling that in its resolution 687 (1991) the Council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,
Determined to ensure full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions and recalling that the resolutions of the Council constitute the governing standard of Iraqi compliance,
Recalling that the effective operation of UNMOVIC, as the successor organization to the Special Commission, and the IAEA is essential for the implementation of resolution 687 (1991) and other relevant resolutions,
Noting that the letter dated 16 September 2002 from the Minister for Foreign Affairs of Iraq addressed to the Secretary-General is a necessary first step toward rectifying Iraq’s continued failure to comply with relevant Council resolutions,
Noting further the letter dated 8 October 2002 from the Executive Chairman of UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the Government of Iraq laying out the practical arrangements, as a follow-up to their meeting in Vienna, that are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the IAEA, and expressing the gravest concern at the continued failure by the Government of Iraq to provide confirmation of the arrangements as laid out in that letter,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq, Kuwait, and the neighbouring States,
Commending the Secretary-General and members of the League of Arab States and its Secretary-General for their efforts in this regard,
Determined to secure full compliance with its decisions,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolution 687 (1991), in particular through Iraq’s failure to cooperate with United Nations inspectors and the IAEA, and to complete the actions required under paragraphs 8 to 13 of resolution 687 (1991);
2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the Council; and accordingly decides to set up an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council;
3. Decides that, in order to begin to comply with its disarmament obligations, in addition to submitting the required biannual declarations, the Government of Iraq shall provide to UNMOVIC, the IAEA, and the Council, not later than 30 days from the date of this resolution, a currently accurate, full, and complete declaration of all aspects of its programmes to develop chemical, biological, and nuclear weapons, ballistic missiles, and other delivery systems such as unmanned aerial vehicles and dispersal systems designed for use on aircraft, including any holdings and precise locations of such weapons, components, sub-components, stocks of agents, and related material and equipment, the locations and work of its research, development and production facilities, as well as all other chemical, biological, and nuclear programmes, including any which it claims are for purposes not related to weapon production or material;
4. Decides that false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq’s obligations and will be reported to the Council for assessment in accordance with paragraphs 11 and 12 below;
5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect, as well as immediate, unimpeded, unrestricted, and private access to all officials and other persons whom UNMOVIC or the IAEA wish to interview in the mode or location of UNMOVIC’s or the IAEA’s choice pursuant to any aspect of their mandates; further decides that UNMOVIC and the IAEA may at their discretion conduct interviews inside or outside of Iraq, may facilitate the travel of those interviewed and family members outside of Iraq, and that, at the sole discretion of UNMOVIC and the IAEA, such interviews may occur without the presence of observers from the Iraqi Government; and instructs UNMOVIC and requests the IAEA to resume inspections no later than 45 days following adoption of this resolution and to update the Council 60 days thereafter;
6. Endorses the 8 October 2002 letter from the Executive Chairman of UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the Government of Iraq, which is annexed hereto, and decides that the contents of the letter shall be binding upon Iraq;
7. Decides further that, in view of the prolonged interruption by Iraq of the presence of UNMOVIC and the IAEA and in order for them to accomplish the tasks set forth in this resolution and all previous relevant resolutions and notwithstanding prior understandings, the Council hereby establishes the following revised or additional authorities, which shall be binding upon Iraq, to facilitate their work in Iraq:
– UNMOVIC and the IAEA shall determine the composition of their inspection teams and ensure that these teams are composed of the most qualified and experienced experts available;
– All UNMOVIC and IAEA personnel shall enjoy the privileges and immunities, corresponding to those of experts on mission, provided in the Convention on Privileges and Immunities of the United Nations and the Agreement on the Privileges and Immunities of the IAEA;
– UNMOVIC and the IAEA shall have unrestricted rights of entry into and out of Iraq, the right to free, unrestricted, and immediate movement to and from inspection sites, and the right to inspect any sites and buildings, including immediate, unimpeded, unconditional, and unrestricted access to Presidential Sites equal to that at other sites, notwithstanding the provisions of resolution 1154 (1998) of 2 March 1998;
– UNMOVIC and the IAEA shall have the right to be provided by Iraq the names of all personnel currently and formerly associated with Iraq’s chemical, biological, nuclear, and ballistic missile programmes and the associated research, development, and production facilities;
– Security of UNMOVIC and IAEA facilities shall be ensured by sufficient United Nations security guards;
– UNMOVIC and the IAEA shall have the right to declare, for the purposes of freezing a site to be inspected, exclusion zones, including surrounding areas and transit corridors, in which Iraq will suspend ground and aerial movement so that nothing is changed in or taken out of a site being inspected;
– UNMOVIC and the IAEA shall have the free and unrestricted use and landing of fixed- and rotary-winged aircraft, including manned and unmanned reconnaissance vehicles;
– UNMOVIC and the IAEA shall have the right at their sole discretion verifiably to remove, destroy, or render harmless all prohibited weapons, subsystems, components, records, materials, and other related items, and the right to impound or close any facilities or equipment for the production thereof; and
– UNMOVIC and the IAEA shall have the right to free import and use of equipment or materials for inspections and to seize and export any equipment, materials, or documents taken during inspections, without search of UNMOVIC or IAEA personnel or official or personal baggage;
8. Decides further that Iraq shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of any Member State taking action to uphold any Council resolution;
9. Requests the Secretary-General immediately to notify Iraq of this resolution, which is binding on Iraq; demands that Iraq confirm within seven days of that notification its intention to comply fully with this resolution; and demands further that Iraq cooperate immediately, unconditionally, and actively with UNMOVIC and the IAEA;
10. Requests all Member States to give full support to UNMOVIC and the IAEA in the discharge of their mandates, including by providing any information related to prohibited programmes or other aspects of their mandates, including on Iraqi attempts since 1998 to acquire prohibited items, and by recommending sites to be inspected, persons to be interviewed, conditions of such interviews, and data to be collected, the results of which shall be reported to the Council by UNMOVIC and the IAEA;
11. Directs the Executive Chairman of UNMOVIC and the Director-General of the IAEA to report immediately to the Council any interference by Iraq with inspection activities, as well as any failure by Iraq to comply with its disarmament obligations, including its obligations regarding inspections under this resolution;
12. Decides to convene immediately upon receipt of a report in accordance with paragraphs 4 or 11 above, in order to consider the situation and the need for full compliance with all of the relevant Council resolutions in order to secure international peace and security;
13. Recalls, in that context, that the Council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations;
14. Decides to remain seized of the matter.
Annex
Text of Blix/El-Baradei letter
United Nations Monitoring, Verification and Inspection Commission
The Executive Chairman
International Atomic Energy Agency
The Director General
8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed practical arrangements that are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the IAEA. As you recall, at the end of our meeting in Vienna we agreed on a statement which listed some of the principal results achieved, particularly Iraq’s acceptance of all the rights of inspection provided for in all of the relevant Security Council resolutions. This acceptance was stated to be without any conditions attached.
During our 3 October 2002 briefing to the Security Council, members of the Council suggested that we prepare a written document on all of the conclusions we reached in Vienna. This letter lists those conclusions and seeks your confirmation thereof. We shall report accordingly to the Security Council.
In the statement at the end of the meeting, it was clarified that UNMOVIC and the IAEA will be granted immediate, unconditional and unrestricted access to sites, including what was termed “sensitive sites” in the past. As we noted, however, eight presidential sites have been the subject of special procedures under a Memorandum of Understanding of 1998. Should these sites be subject, as all other sites, to immediate, unconditional and unrestricted access, UNMOVIC and the IAEA would conduct inspections there with the same professionalism.
H.E. General Amir H. Al-Saadi
Advisor
Presidential Office
BaghdadIraq
We confirm our understanding that UNMOVIC and the IAEA have the right to determine the number of inspectors required for access to any particular site. This determination will be made on the basis of the size and complexity of the site being inspected. We also confirm that Iraq will be informed of the designation of additional sites, i.e. sites not declared by Iraq or previously inspected by either UNSCOM or the IAEA, through a Notification of Inspection (NIS) provided upon arrival of the inspectors at such sites.
Iraq will ensure that no proscribed material, equipment, records or other relevant items will be destroyed except in the presence of UNMOVIC and/or IAEA inspectors, as appropriate, and at their request.
UNMOVIC and the IAEA may conduct interviews with any person in Iraq whom they believe may have information relevant to their mandate. Iraq will facilitate such interviews. It is for UNMOVIC and the IAEA to choose the mode and location for interviews.
The National Monitoring Directorate (NMD) will, as in the past, serve as the Iraqi counterpart for the inspectors. The Baghdad Ongoing Monitoring and Verification Centre (BOMVIC) will be maintained on the same premises and under the same conditions as was the former Baghdad Monitoring and Verification Centre. The NMD will make available services as before, cost free, for the refurbishment of the premises.
The NMD will provide free of cost: (a) escorts to facilitate access to sites to be inspected and communication with personnel to be interviewed; (b) a hotline for BOMVIC which will be staffed by an English speaking person on a 24 hour a day/seven days a week basis; (c) support in terms of personnel and ground transportation within the country, as requested; and (d) assistance in the movement of materials and equipment at inspectors’ request (construction, excavation equipment, etc.). NMD will also ensure that escorts are available in the event of inspections outside normal working hours, including at night and on holidays.
Regional UNMOVIC/IAEA offices may be established, for example, in Basra and Mosul, for the use of their inspectors. For this purpose, Iraq will provide, without cost, adequate office buildings, staff accommodation, and appropriate escort personnel.
UNMOVIC and the IAEA may use any type of voice or data transmission, including satellite and/or inland networks, with or without encryption capability. UNMOVIC and the IAEA may also install equipment in the field with the capability for transmission of data directly to the BOMVIC, New York and Vienna (e.g. sensors, surveillance cameras). This will be facilitated by Iraq and there will be no interference by Iraq with UNMOVIC or IAEA communications.
Iraq will provide, without cost, physical protection of all surveillance equipment, and construct antennae for remote transmission of data, at the request of UNMOVIC and the IAEA. Upon request by UNMOVIC through the NMD, Iraq will allocate frequencies for communications equipment.
Iraq will provide security for all UNMOVIC and IAEA personnel. Secure and suitable accommodations will be designated at normal rates by Iraq for these personnel. For their part, UNMOVIC and the IAEA will require that their staff not stay at any accommodation other than those identified in consultation with Iraq.
On the use of fixed-wing aircraft for transport of personnel and equipment and for inspection purposes, it was clarified that aircraft used by UNMOVIC and IAEA staff arriving in Baghdad may land at Saddam International Airport. The points of departure of incoming aircraft will be decided by UNMOVIC. The Rasheed airbase will continue to be used for UNMOVIC and IAEA helicopter operations. UNMOVIC and Iraq will establish air liaison offices at the airbase. At both Saddam International Airport and Rasheed airbase, Iraq will provide the necessary support premises and facilities. Aircraft fuel will be provided by Iraq, as before, free of charge.
On the wider issue of air operations in Iraq, both fixed-wing and rotary, Iraq will guarantee the safety of air operations in its air space outside the no-fly zones. With regard to air operations in the no-fly zones, Iraq will take all steps within its control to ensure the safety of such operations.
Helicopter flights may be used, as needed, during inspections and for technical activities, such as gamma detection, without limitation in all parts of Iraq and without any area excluded. Helicopters may also be used for medical evacuation.
On the question of aerial imagery, UNMOVIC may wish to resume the use of U-2 or Mirage overflights. The relevant practical arrangements would be similar to those implemented in the past.
As before, visas for all arriving staff will be issued at the point of entry on the basis of the UN Laissez-Passer or UN Certificate; no other entry or exit formalities will be required. The aircraft passenger manifest will be provided one hour in advance of the arrival of the aircraft in Baghdad. There will be no searching of UNMOVIC or IAEA personnel or of official or personal baggage. UNMOVIC and the IAEA will ensure that their personnel respect the laws of Iraq restricting the export of certain items, for example, those related to Iraq’s national cultural heritage. UNMOVIC and the IAEA may bring into, and remove from, Iraq all of the items and materials they require, including satellite phones and other equipment. With respect to samples, UNMOVIC and IAEA will, where feasible, split samples so that Iraq may receive a portion while another portion is kept for reference purposes. Where appropriate, the organizations will send the samples to more than one laboratory for analysis.
We would appreciate your confirmation of the above as a correct reflection of our talks in Vienna.
Naturally, we may need other practical arrangements when proceeding with inspections. We would expect in such matters, as with the above, Iraq’s co-operation in all respect.
Yours sincerely,
(Signed) (Signed)
Hans Blix Mohamed ElBaradei
Executive Chairman Director General
United Nations Monitoring, International Atomic Energy Agency
Verification and Inspection Commission
S/RES/1442 Extension of UNPeacekeeping Force in Cyprus
Date: 25 November 2002 Meeting: 4649
Vote: Unanimous
The Security Council,
Welcoming the report of the Secretary-General of 15 November 2002 (S/2002/1243) on the United Nations operation in Cyprus, and in particular the call to the parties to assess and address the humanitarian issue of missing persons with due urgency and seriousness,
Noting that the Government of Cyprus has agreed that in view of the prevailing conditions in the island it is necessary to keep the United Nations Peacekeeping Force in Cyprus (UNFICYP) beyond 15 December 2002,
Welcoming and encouraging efforts by the United Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,
1. Reaffirms all its relevant resolutions on Cyprus, and in particular resolution 1251 (1999) of 29 June 1999 and subsequent resolutions;
2. Decides to extend the mandate of UNFICYP for a further period ending 15 June 2003;
3. Requests the Secretary-General to submit a report by 1 June 2003 on the implementation of this resolution;
4. Urges the Turkish Cypriot side and Turkish forces to rescind the restrictions imposed on 30 June 2000 on the operations of UNFICYP and to restore the military status quo ante at Strovilia;
5. Decides to remain actively seized of the matter.
S/RES/1443 Extension of “oil-for-food” programme
Date: 25 November 2002 Meeting: 4650
Vote: Unanimous
The Security Council,
Recalling its previous relevant resolutions, including resolutions 986 (1995) of 14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of 1 June 2001, 1360 (2001) of 3 July 2001, 1382 (2001) of 29 November 2001 and 1409 (2002) of 14 May 2002, as they relate to the improvement of the humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for the civilian needs of the Iraqi people until the fulfilment by the Government of Iraq of the relevant resolutions, including notably resolutions 687 (1991) of 3 April 1991 and 1284 (1999), allows the Council to take further action with regard to the prohibitions referred to in resolution 661 (1990) of 6 August 1990 in accordance with the provisions of these resolutions,
Taking note of the Secretary-General’s report S/2002/1239 of 12 November 2002,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to extend the provisions of resolution 1409 (2002) until 4 December 2002;
2. Decides to remain seized of the matter.
S/RES/1444 Extension of Afghanistan Security Force
Date: 27 November 2002 Meeting: 4651
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on Afghanistan, in particular its resolutions 1386 (2001) of 20 December 2001 and 1413 (2002) of 23 May 2002,
Reaffirming also its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Supporting international efforts to root out terrorism, in keeping with the Charter of the United Nations, and reaffirming also its resolutions 1368 (2001) of 12 September 2001 and 1373 (2001) of 28 September 2001,
Recognizing that the responsibility for providing security and law and order throughout the country resides with the Afghans themselves, welcoming in this respect the efforts of the Afghan Transitional Authority to establish fully representative, professional and multi-ethnic army and police forces, and welcoming also the cooperation of the Afghan Transitional Authority with the International Security Assistance Force,
Expressing its appreciation to Turkey for taking over the lead from the United Kingdom in organizing and commanding the International Security Assistance Force from 20 June 2002, and recognizing with gratitude the contributions of many nations to the International Security Assistance Force,
Welcoming the joint letter from the Foreign Minister of Germany and the Foreign Minister of the Netherlands to the Secretary-General of 21 November 2002 (S/2002/1296, annex) expressing the willingness of Germany and the Netherlands to jointly assume from Turkey the lead in commanding the International Security Assistance Force, and anticipating offers in due course to succeed Germany and the Netherlands in leading that command,
Recalling the letter dated 19 December 2001 from Dr. Abdullah Abdullah to the President of the Security Council (S/2001/1223),
Determining that the situation in Afghanistan still constitutes a threat to international peace and security,
Determined to ensure the full implementation of the mandate of the International Security Assistance Force, in consultation with the Afghan Transitional Authority and its successors established by the Bonn Agreement,
Acting for these reasons under Chapter VII of the Charter of the United Nations,
1. Decides to extend the authorization, for a period of one year beyond 20 December 2002, of the International Security Assistance Force, as defined in resolution 1386 (2001);
2. Authorizes the Member States participating in the International Security Assistance Force to take all necessary measures to fulfil the mandate of the International Security Assistance Force;
3. Calls upon Member States to contribute personnel, equipment and other resources to the International Security Assistance Force, and to make contributions to the Trust Fund established pursuant to resolution 1386 (2001);
4. Requests the leadership of the International Security Assistance Force to provide quarterly reports on implementation of its mandate, through the Secretary-General;
5. Decides to remain seized of the matter.
S/RES/1445 Expansion of troop level in Democratic Republic of the Congo
Date: 4 December 2002 Meeting: 4653
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and statements by its President regarding the Democratic Republic of the Congo,
Reaffirming the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo and of all other States in the region,
Reaffirming further the obligation of all States to refrain from the use of force against the territorial integrity and political independence of any State, or in any other manner inconsistent with the purpose and principles of the United Nations,
Reaffirming also the sovereignty of the Democratic Republic of the Congo over its natural resources,
Recalling the responsibilities of all the parties to cooperate in the full deployment of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC),
Recognizing the importance of a gender perspective in peacekeeping operations, in accordance with Security Council resolution 1325 (2000), and the importance of the protection of children in armed conflict, in accordance with its resolution 1379 (2001),
Taking note of the Secretary-General’s special report of 10 September 2002 (S/2002/1005) and its recommendations,
Determining that the situation in the Democratic Republic of the Congo continues to pose a threat to international peace and security in the region,
1. Welcomes the signature by the Democratic Republic of the Congo and Rwanda of the Pretoria Agreement on 30 July 2002 (S/2002/914), as well as the signature by the Democratic Republic of the Congo and Uganda of the Luanda Agreement on 6 September 2002 and welcomes also the efforts of the Republic of South Africa, Angola, and of the Secretary-General, in facilitating the adoption of these agreements;
2. Welcomes the decision taken by all the foreign parties to withdraw fully their troops from the territory of the Democratic Republic of the Congo, as well as progress in the implementation of these processes, in particular the withdrawal of 23,400 Rwandan troops from the Democratic Republic of the Congo verified by the Third Party Verification Mechanism (TPVM) on 24 October, as well as withdrawals by Uganda, Zimbabwe and Angola, and stresses the importance for these withdrawals to be completed in a transparent, orderly and verified manner, and in this regard underlines the need for the parties to facilitate the verification of these withdrawals, including through the continuous provision to MONUC of detailed information on these withdrawals and requests the Secretary-General to report to the Council on this matter;
3. Expresses full support for the TPVM, welcomes its work in helping the parties to implement the Pretoria Agreement, in accordance with Security Council resolutions and the norms of International Law, and stresses the importance of close cooperation between the Government of South Africa and MONUC in the work of TPVM;
4. Stresses the importance of the voluntary nature of the disarmament, demobilization, repatriation, reintegration or resettlement (DDRRR) of the armed groups referred to in annex A. Chapter 9.1 of the Lusaka Ceasefire Agreement (S/1999/815), calls on the leaders and members of the armed groups to enter the DDRRR process, also calls on all concerned to work to this end, emphasizes the need to intensify MONUC’s public information efforts in this regard and calls on all parties to support these efforts;
5. Stresses the importance of further early and substantial progress on the process of voluntary DDRRR throughout the country to match the progress achieved on the withdrawal of foreign forces, and urges all parties concerned to cooperate fully with MONUC in this regard;
6. Welcomes the repatriation of ex-combatants and their dependants from Kamina, though noting that the numbers repatriated falls short of the original numbers assembled, and recognizes the good will and efforts of the Governments of the Democratic Republic of the Congo and Rwanda in cooperating on this issue with MONUC thus far;
7. Welcomes the efforts of the Government of Rwanda in providing guarantees that ex-combatants and their dependants will be able to return in conditions of safety and security, stresses the importance of such guarantees, stresses also the importance of confidence-building measures, including international monitoring and reintegration assistance, and calls upon the United Nations Secretariat, and other relevant bodies, in consultation with the signatories of the Lusaka Ceasefire Agreement, to address the issue of the resettlement of any ex-combatants who may not wish to return to their home country;
8. Welcomes the statement of 24 September 2002 of the Government of the Democratic Republic of the Congo banning the activities of the Forces Démocratiques de Libération du Rwanda throughout the territory of the Democratic Republic of the Congo and declaring the leaders of this movement persona non grata on its territory, and encourages it to implement further their commitments to advance the DDRRR of the armed groups in accordance with the Pretoria Agreement;
9. Welcomes the commitment of the Government of the Democratic Republic of the Congo and other Congolese parties to achieve an inclusive agreement on the political transition, stresses the importance of such an agreement to the wider peace process, calls on all Congolese parties to cooperate actively with a view to a speedy conclusion of such an agreement, and in this regard expresses its full support for the efforts of the Special Envoy of the Secretary-General;
10. Takes note of the encouraging developments on the ground, endorses the recommendations of the Secretary-General in his special report, including those relating to MONUC’s support for the TPVM as well as the proposal to extend the funding of MONUC’s quick impact projects, endorses in particular, the new concept of operation outlined in paragraphs 48 to 54 of this report and authorizes the expansion of MONUC to consist of up to 8,700 military personnel, principally comprised of two task-forces, to be deployed in a phased basis as follows: the second task force shall be deployed when the Secretary-General reports to the Council that the first task force has been successfully deployed and the disarmament, demobilization and repatriation (DDR) caseload can not be met by the existing capacity of the first task force alone;
11. In regard to DDR under the new MONUC concept of operation, endorses also the interim funding mechanism in paragraph 74 for the voluntary DDR of members of foreign armed groups, recognizes the importance of addressing the repatriation of the dependants along with the ex-combatants and calls on the International Community to provide the funds for this process;
12. Calls upon MONUC to pay special attention in carrying out its mandate to all aspects relating to gender perspective, in accordance with resolution 1325 (2000), as well as to the protection and reintegration of children, in accordance with resolution 1379 (2001);
13. Stresses that the main responsibility for resolving the conflict rests with the parties themselves, that they must continue to demonstrate their will to respect fully their commitments and that further efforts will be necessary to reach a comprehensive solution to the conflict and, in this regard:
– Calls for a full cessation of hostilities involving regular forces and armed groups throughout the territory of the Democratic Republic of the Congo, in particular in South Kivu and in Ituri;
– Calls for the cessation of all support to the armed groups referred to in Annex A Chapter 9.1 of the Lusaka Ceasefire Agreement;
– Calls on all parties to provide full access for MONUC and the TPVM throughout the territory of the Democratic Republic of the Congo, including inside all ports, airports, airfields, military bases and border crossings;
– Calls also for the surrender to the International Criminal Tribunal for Rwanda of any persons indicted by the Tribunal, and
– Reiterates its demand for Kisangani to be demilitarized without further delay or precondition;
– Demands that all parties work to the immediate full restoration of freedom of movement on the Congo river;
14. Expresses its deep concern over the humanitarian situation throughout the country and in particular in the Ituri region, calls on the parties to allow humanitarian agencies and organizations full access to populations in need and to ensure the safety and security of humanitarian workers, and condemns those who seek to hamper the provision of assistance to civilians in need;
15. Expresses its deep concern over the intensification of ethnically targeted violence in the Ituri region, condemns all such violence or incitement to violence, requests all parties to take immediate actions to defuse these tensions, ensure the protection of civilians and end violations of human rights, calls on all parties, in particular the Union des Patriotes Congolais, to cooperate to set up the Ituri Pacification Commission, and requests the Secretary-General to increase the presence of MONUC stationed in the area, if he determines that the security condition allows it, in order to provide support to this process as well as to humanitarian efforts, and report back to the Council;
16. Takes note of Uganda’s commitment under the Luanda Agreement to complete the withdrawal of its forces no later than 15 December 2002, welcomes the positive interaction between the Governments of the Democratic Republic of the Congo and of Uganda since the signing of the Luanda Agreement and calls on both parties to work, together and with MONUC, towards conditions that will allow the Agreement to be implemented in full;
17. Reiterates that no government, military force or any other organization or individual should provide military or any other form of support to any of the groups involved in the fighting in the east of the Democratic Republic of the Congo, in particular in Ituri;
18. Encourages MONUC to continue its assessment of police capabilities and training needs in the Democratic Republic of the Congo, including, when necessary, at the level of local communities, with special attention to the Ituri area;
19. Calls on all parties to pay special attention to all aspects relating to gender, in accordance with Security Council resolution 1325 (2000), and to the protection of children, in accordance with resolution 1379 (2001);
20. Encourages the Governments of the Democratic Republic of the Congo and, respectively, Rwanda and Uganda to take steps to normalize their relations and to cooperate to ensure mutual security along their borders as provided for in the Pretoria and Luanda agreements and also encourages the Governments of the Democratic Republic of the Congo and Burundi to take similar steps;
21. Stresses the crucial importance of preventing the situation in the Democratic Republic of the Congo from having a further destabilizing effect on the neighboring States, in particular Burundi, Rwanda, Uganda and the Central-African Republic, and calls on all parties concerned to cooperate in good faith to that end and to facilitate in this regard the continuing observation efforts by MONUC in the areas of its deployment, including eastern Democratic Republic of the Congo and border areas;
22. Reaffirms that an international conference on peace, security, democracy and development in the Great Lakes region, 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;
23. Strongly condemns the repeated harassment of Radio Okapi staff and demands that all parties concerned desist from such actions;
24. Reiterates its full support for the Special Representative of the Secretary-General and for all the dedicated MONUC personnel who operate in challenging conditions;
25. Decides to remain actively seized of the matter.
S/RES/1446 Extension of prohibition of import of Sierra Leone rough diamonds
Date: 4 December 2002 Meeting: 4654
Vote: Unanimous
The Security Council,
Recalling its previous resolutions and the statements of its President concerning the situation in Sierra Leone, and in particular its resolutions 1132 (1997) of 8 October 1997, 1171 (1998) of 5 June 1998, 1299 (2000) of 19 May 2000, 1306 (2000) of 5 July 2000 and 1385 (2001) of 19 December 2001,
Affirming the commitment of all States to respect the sovereignty, political independence and territorial integrity of Sierra Leone,
Welcoming the end of the conflict in Sierra Leone, the significant progress made in the peace process and improvements in the overall security situation in the country, including in the diamond-producing areas, with the assistance of the United Nations Mission in Sierra Leone,
Emphasizing that the Government must strengthen its efforts to extend its authority throughout Sierra Leone, including the diamond-producing areas, and that the international community should continue providing assistance to reintegration of former combatants, and noting with concern that the situation in Liberia remains a threat to security in Sierra Leone, especially the diamond-mining areas, and to other countries in the region,
Recalling the role played by illicit trade in diamonds in fuelling the recent conflict in Sierra Leone, and expressing its concern at the current large volume of illicit trade in diamonds and its potential negative impact on the fragile situation in Sierra Leone,
Welcoming General Assembly resolution A/RES/56/263 of 13 March 2002, as well as ongoing efforts by interested States, the diamond industry, in particular the World Diamond Council, and non-governmental organizations to break the link between illicit trade in rough diamonds and armed conflict, particularly through the significant progress made by the Kimberley Process, and encouraging further progress in this regard,
Emphasizing the responsibility of all Member States, including diamond-importing countries, for fully implementing the measures in resolution 1385 (2001),
Taking note of the views of the Government of Sierra Leone on the extension of the measures imposed by paragraph 1 of resolution 1306 (2000),
Determining that the situation in the region continues to constitute a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Welcomes the latest report of the Government of Sierra Leone entitled the Fourth Review of the Certificate of Origin Scheme (S/2002/826) of 25 July 2002, including its assessment that the Scheme is helping to curb the illicit trade in diamonds from Sierra Leone;
2. Decides that the measures imposed by paragraph 1 of resolution 1306 (2000) shall remain in force for a new period of six months from 5 December 2002, except that, pursuant to paragraph 5 of resolution 1306 (2000), rough diamonds controlled by the Government of Sierra Leone under the Certificate of Origin regime shall continue to be exempt from these measures, and affirms that at the end of this period it will review the situation in Sierra Leone, including the extent of the Government’s authority over the diamond-producing areas, in order to decide whether to extend these measures for a further period and, if necessary, to modify them or adopt further measures;
3. Decides also that the measures imposed by paragraph 1 of resolution 1306 (2000), as extended by paragraph 2 above, shall be terminated immediately if the Council determines that it would be appropriate to do so;
4. Decides that the Committee established by resolution 1132 (1997) shall continue its consideration of the measures referred to in paragraphs 2, 4 and 5 of resolution 1171 (1998) and present its views to the Council;
5. Requests the Secretary-General to publicize the provisions of this resolution and the obligations imposed by it;
6. Decides to remain actively seized of the matter.
S/RES/1447 Extension of “oil-for-food” programme
Date: 4 December 2002 Meeting: 4656
Vote: Unanimous
The Security Council,
Recalling its previous relevant resolutions, including resolutions 986 (1995) of 14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of 1 June 2001, 1360 (2001) of 3 July 2001, 1382 (2001) of 29 November 2001 and 1409 (2002) of 14 May 2002, as they relate to the improvement of the humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for the civilian needs of the Iraqi people until the fulfilment by the Government of Iraq of the relevant resolutions, including notably resolutions 687 (1991) of 3 April 1991 and 1284 (1999), allows the Council to take further action with regard to the prohibitions referred to in resolution 661 (1990) of 6 August 1990 in accordance with the provisions of these resolutions,
Taking note of the Secretary-General’s report S/2002/1239 of 12 November 2002,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those contained in paragraphs 4, 11 and 12, and the provisions of paragraphs 2, 3 and 6 to 13 of resolution 1360 (2001) and subject to paragraph 15 of resolution 1284 (1999) and the other provisions of this present resolution, shall remain in force for a new period of 180 days beginning at 0001 hours, Eastern Standard Time, on 5 December 2002;
2. Decides to consider necessary adjustments to the Goods Review List (S/2002/515) and the procedures for its implementation, for adoption no later than 30 days from the adoption of this resolution and thereafter to conduct regular, thorough reviews;
3. Decides that, for the purposes of this resolution, references in resolution 1360 (2001) to the 150-day period established by that resolution shall be interpreted to refer to the 180-day period established pursuant to paragraph 1 above;
4. Requests the Secretary-General to provide a comprehensive report to the Council, at least one week prior to the end of the 180-day period, on the basis of observations of United Nations personnel in Iraq, and of consultations with the Government of Iraq, on whether Iraq has ensured the equitable distribution of medicine, health supplies, foodstuffs, and materials and supplies for essential civilian needs, financed in accordance with paragraph 8 (a) of resolution 986 (1995), including in his reports any observations which he may have on the adequacy of the revenues to meet Iraq’s humanitarian needs;
5. Requests the Secretary-General, in consultation with interested parties, to submit an assessment report on the implementation of the Goods Review List and its procedures 14 days before the end of the 180-day period referred to in paragraph 1 above and to include in the report recommendations on any necessary revision of the Goods Review List and its procedures;
6. Decides to remain seized of the matter.
S/RES/1448 End of sanctions on UNITA
Date: 9 December 2002 Meeting: 4657
Vote: Unanimous
The Security Council,
Reaffirming its resolutions 864 (1993) of 15 September 1993 and all subsequent relevant resolutions, in particular resolutions 1127 (1997) of 28 August 1997, 1173 (1998) of 12 June 1998, 1237 (1999) of 7 May 1999, 1295 (2000) of 18 April 2000, 1336 (2001) of 23 January 2001, 1348 (2001) of 19 April 2001, 1374 (2001) of 19 October 2001, 1404 (2002) of 18 April 2002, 1412 (2002) of 17 May 2002, 1432 (2002) of 15 August 2002, 1433 (2002) of 15 August 2002 and 1439 (2002) of 18 October 2002,
Reaffirming also its commitment to preserve the sovereignty and territorial integrity of Angola,
Welcoming the steps taken by the Government of Angola and Uniao Nacional para a Independencia Total de Angola (UNITA) toward the full implementation of the “Accordos de Paz”, the Lusaka Protocol (S/1994/1441, annex), the Memorandum of Understanding of 4 April 2002 (S/2002/483), relevant Security Council resolutions, the declaration on the peace process issued by the Government of Angola on 19 November 2002 (S/2002/1337) and the completion of the work of the Joint Commission, as expressed in the Joint Commission declaration signed on 20 November 2002,
Expressing once again its concern regarding the humanitarian effects of the present situation on the civilian population of Angola,
Acting under Chapter VII of the Charter of the United Nations,
1. Expresses its intention to give full consideration to the additional report of the monitoring mechanism established pursuant to resolution 1295 (2000);
2. Decides that the measures imposed by paragraph 19 of resolution 864 (1993), paragraph 4 (c) and (d) of resolution 1127 (1997) and paragraphs 11 and 12 of resolution 1173 (1998) shall cease to have effect from the date of adoption of this resolution;
3. Decides further to dissolve the Committee established by paragraph 22 of resolution 864 (1993) with immediate effect;
4. Decides to request that the Secretary-General close the United Nations Trust Fund established pursuant to paragraph 11 of resolution 1237 (1999) and to make the necessary arrangements to reimburse, on a proportionate basis and in accordance with relevant financial procedures, those Members States who provided voluntary contributions to the United Nations Trust Fund.
S/RES/1449 Rwanda Tribunal nominees
Date: 13 December 2002 Meeting: 4666
Vote: Unanimous
The Security Council,
Recalling its resolutions 955 (1994) of 8 November 1994, 1165 (1998) of 30 April 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002 and 1431 (2002) of 14 August 2002,
Having considered the nominations for permanent judges of the International Tribunal for Rwanda received by the Secretary-General,
Forwards the following nominations to the General Assembly in accordance with article 12 bis, paragraph 1 (d), of the Statute of the International Tribunal:
Mr. Mansoor Ahmad (Pakistan)
Mr. Teimuraz Bakradze (Georgia)
Mr. Kocou Arsène Capo-Chichi (Benin)
Mr. Frederick Mwela Chomba (Zambia)
Mr. Pavel Dolene (Slovenia)
Mr. Serguei Aleckseievich Egorov (Russian Federation)
Mr. Robert Fremr (Czech Republic)
Mr. Asoka de Zoysa Gunawardana (Sri Lanka)
Mr. Mehmet Güney (Turkey)
Mr. Michel Mahouve (Cameroon)
Mr. Winston Churchill Matanzima Maqutu (Lesotho)
Mr. Erik Møse (Norway)
Ms. Arlette Ramaroson (Madagascar)
Mr. Jai Ram Reddy (Fiji)
Mr. William Hussoin Sekule (United Republic of Tanzania)
Mr. Emile Francis Short (Ghana)
Mr. Francis M. Ssekandi (Uganda)
Mr. Cheick Traoré (Mali)
Mr. Xenofon Ulianovschi (Republic of Moldova)
Ms. Andrésia Vaz (Senegal)
Ms. Inés Mónica Weinberg de Roca (Argentina)
Mr. Mohammed Ibrahim Werfalli (Libyan Arab Jamahiriya)
Mr. Lloyd George Williams (Saint Kitts and Nevis)
S/RES/1450 Condemnation of terrorist attack in Kenya
Date: 13 December 2002 Meeting: 4667
Vote: 14-1-0 In favour: Bulgaria, Cameroon, China, Colombia, France,
Guinea, Ireland, Mauritius, Mexico, Norway, Russian Federation, Singapore, United Kingdom, United States.
Against: Syria.
Abstaining: None.
The Security Council,
Reaffirming the purposes and principles of the Charter of the United Nations and its relevant resolutions, in particular its resolution 1189 (1998) of 13 August 1998, resolution 1269 of 19 October 1999, resolution 1368 (2001) of 12 September 2001 (2001), resolution 1373 (2001) of 28 September 2001,
Recalling the obligations of state parties to the International Convention for the Suppression of Terrorist Bombings and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation,
Deploring the 2 December and 8 December 2002 claims of responsibility by Al-Qaida for the acts of terror perpetrated in Kenya on 28 November 2002, and reaffirming the obligations of all States in resolution 1390 (2002) of 28 January 2002,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts,
1. Condemns in the strongest terms the terrorist bomb attack at the Paradise Hotel, in Kikambala, Kenya, and the attempted missile attack on Arkia Israeli Airlines flight 582 departing Mombasa, Kenya, on 28 November 2002, as well as other recent terrorist acts in various countries, and regards such acts, like any act of international terrorism, as a threat to international peace and security;
2. Expresses the deepest sympathy and condolences to the people and the Governments of Kenya and Israel and to the victims of the terrorist attack and their families;
3. Urges all States, in accordance with their obligations under resolution 1373 (2001), to cooperate in efforts to find and bring to justice the perpetrators, organizers and sponsors of these terrorist attacks;
4. Expresses its reinforced determination to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations.
S/RES/1451 Extension of UNDisengagement Observer Force
Date: 17 December 2002 Meeting: 4670
Vote: Unanimous
The Security Council,
Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force of 4 December 2002 (S/2002/1328), and also reaffirming its resolution 1308 (2000) of 17 July 2000,
1. Calls upon the parties concerned to implement immediately its resolution 338 (1973) of 22 October 1973;
2. Decides to renew the mandate of the United Nations Disengagement Observer Force for a period of six months, that is, until 30 June 2003;
3. Requests the Secretary-General to submit, at the end of this period, a report on the developments in the situation and the measures taken to implement resolution 338 (1973).
S/RES/1452 Adjustment of provisionsfor Taliban, Al Qaedafunds
Date: 20 December 2002 Meeting: 4678
Vote: Unanimous
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1363 (2001) of 30 July 2001 and 1390 (2002) of 16 January 2002,
Expressing its determination to facilitate the implementation of counter-terrorism obligations in accordance with relevant Security Council resolutions,
Reaffirming its resolution 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,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of paragraph 4 (b) of resolution 1267 (1999), and paragraphs 1 and 2 (a) of resolution 1390 (2002), do not apply to funds and other financial assets or economic resources that have been determined by the relevant State(s) to be:
(a) necessary for basic expenses, including payments 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 or other financial assets or economic resources, after notification by the relevant State(s) to the Committee established pursuant to resolution 1267 (1999) (hereinafter referred to as “the Committee”) of the intention to authorize, where appropriate, access to such funds, assets or resources and in the absence of a negative decision by the Committee within 48 hours of such notification;
(b) 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;
2. Decides that all States may allow for the addition to accounts subject to the provisions of paragraph 4 (b) of resolution 1267 (1999) and paragraphs 1 and 2 (a) of resolution 1390 (2002) of:
(a) interest or other earnings due on those accounts, or
(b) payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of resolutions 1267 (1999), 1333 (2000), or 1390 (2002),
provided that any such interest, other earnings and payments continue to be subject to those provisions;
3. Decides that the Committee shall, in addition to the tasks set forth in paragraph 6 of resolution 1267 (1999) and paragraph 5 of resolution 1390 (2002):
(a) maintain and regularly update a list of the States that have notified the Committee of their intent to apply the provisions of paragraph 1 (a) above in their implementation of the relevant resolutions and as to which there was no negative decision by the Committee; and
(b) consider and approve, if appropriate, requests for extraordinary expenses as provided for in paragraph 1 (b) above;
4. Decides that the exception provided for in paragraph 4 (b) of resolution 1267 (1999) will cease to have effect from the date of adoption of this resolution;
5. Urges Member States to take full account of the considerations set out above in their implementation of resolution 1373 (2001);
6. Decides to remain seized of the matter.
S/RES/1453 Endorsement of Kabul declaration
Date: 24 December 2002 Meeting: 4682
Vote: Unanimous
The Security Council,
Reaffirming its previous resolutions on Afghanistan,
Reaffirming also its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan, and to peace and stability throughout the region,
Recognizing the Transitional Administration as the sole legitimate Government of Afghanistan, pending democratic elections in 2004, and reiterating its strong support for the full implementation of the Agreement on Provisional Arrangements in Afghanistan Pending the Re-establishment of Permanent Government Institutions (the Bonn Agreement),
Reaffirming its strong commitment to assist the Transitional Administration in its efforts to ensure security, prosperity, tolerance and respect for human rights for all people of Afghanistan, and to combat terrorism, extremism and narco-trafficking,
1. Welcomes and endorses the Kabul Declaration on Good-Neighbourly Relations signed by the Transitional Administration of Afghanistan and the Governments of China, Iran, Pakistan, Tajikistan, Turkmenistan and Uzbekistan, the States neighbouring Afghanistan, in Kabul on 22 December 2002 (S/2002/1416);
2. Calls on all States to respect the Declaration and to support the implementation of its provisions;
3. Requests the Secretary-General to report to the Council as appropriate on the implementation of the Declaration, in the context of his regular reporting on Afghanistan, including information provided by the signatories;
4. Decides to remain seized of the matter.
S/RES/1454 Adjustment of “oil-for-food” procedures, restrictions
Date: 30 December 2002 Meeting: 4683
Vote: 13-0-2 In favour: Bulgaria, Cameroon, China, Colombia, France, Guinea, Ireland, Mauritius, Mexico, Norway, Singapore, United Kingdom, United States.
Against: None.
Abstaining: Russian Federation, Syria.
The Security Council,
Recalling its previous relevant resolutions, including resolution 661 (1990) of 6 August 1990, 986 (1995) of 14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of 1 June 2001, 1360 (2001) of 3 July 2001, 1382 (2001) of 29 November 2001, 1409 (2002) of 14 May 2002, and in particular, 1447 (2002) of 4 December 2002,
Convinced of the need as a temporary measure to continue to provide for the civilian needs of the Iraqi people until the fulfilment by the Government of Iraq of the relevant resolutions, including notably resolutions 687 (1991) of 3 April 1991 and 1284 (1999), allows the Council to take further action with regard to the prohibitions referred to in resolution 661 (1990), in accordance with the provisions of these resolutions,
Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq,
Recalling its decision in resolution 1447 (2002) to extend the programme originated by resolution 986 (1995) for 180 days commencing at 0001 hours, Eastern Standard Time, on 5 December 2002 and consider necessary adjustments to the Goods Review List (S/2002/515) and the procedures for its implementation for adoption no later than 3 January 2003 and thereafter to conduct regular, thorough reviews of both,
Reiterating its determination to improve the humanitarian situation in Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Approves, for implementation beginning at 0001 hours, Eastern Standard Time, on 31 December 2002, the adjustments to the Goods Review List specified in Annex A to this resolution and the revised procedures for implementation of the Goods Review List set forth in Annex B to this resolution, as a basis for the humanitarian programme in Iraq as referred to in resolutions 986 (1995) and other relevant resolutions;
2. Decides to conduct a thorough review of the Goods Review List and the procedures for its implementation both 90 days after commencement of the period as defined in paragraph 1 of resolution 1447 (2002) and prior to the end of the 180-day period so defined and thereafter to conduct regular, thorough reviews, and, in this connection, requests the Committee established by resolution 661 (1990) to review the Goods Review List and the procedures for its implementation as part of its regular agenda and recommend to the Security Council necessary additions to, and/or deletions from, the Goods Review List and procedures;
3. Directs the Secretary General, within 60 days, to develop consumption rates and use levels for the implementation of paragraph 20 of Annex B of this resolution;
4. Appeals to all States to continue to cooperate in the timely submission of technically complete applications and the expeditious issuing of export licences and to take all other appropriate measures within their competence in order to ensure that urgently needed humanitarian supplies reach the Iraqi population as rapidly as possible;
5. Decides to remain seized of the matter.
Annex A
Textual entries for the proposed item changes to the Goods Review List
Chemical Section:
(1) C.l.0.4.1.0: Quantities of Atropine in doses greater than 0.6 mg/ml, Pralidoxime, Pyridostigmine and their respective salts, medical solutions of Sodium Nitrite, Sodium Thiosulfate that exceed the established consumption rates.
(2) A.52: Any inorganic phosphide that exceeds established consumption rates.
Note: Quantities of phosphides utilized with food grain shipments do not require review provided the amounts do not exceed 20 g of phosphide per metric tonne of grain.
(3) A.02, A.06, A.07, A.08, B.0l, B.02, B.03, B.08, B.l0, B.11, B.12: Remove n=1-3 restriction on various chemical entries.
Note: For List B chemicals:
Where n=1-3, the chemical shall be considered prohibited. Where n>3, the chemical will be referred for review
(4) 1.A.4.d: Quantities of activated carbon, that have been tested and certified effective for chemical weapons agent absorption, that exceed the established consumption rates.
(5) A.53: Quantities of organophosphate pesticides that exceed established consumption rates.
(6) C.l0.4.6: Equipment designed for the disposal of toxic chemicals as follows:
(a) Incineration equipment with an average combustion chamber temperature of over 1,273 K (1,000 C) or catalytic incineration equipment with an average combustion chamber temperature of over 623 K (350 C);
(b) Equipment utilizing disposal technologies other than incineration equipment in (a) to detoxify toxic chemicals including but not limited to liquid neutralization, gas phase chemical reduction, supercritical water oxidation, direct chemical oxidation, solvated electron, and plasma arc processes.
b.l. Liquid neutralization equipment, and specially designed waste supply and material handling systems, with reactor volumes of 0.100 m3 (100 litres) or greater, in which all surfaces that come into direct contact with the toxic chemicals are made from corrosion resistant materials.
b.2. Gas phase chemical reduction equipment, and specially designed waste supply and material handling systems, with continuous flow capacities for the disposal of toxic chemicals of 0.05m3/hr (50 litres/hour) or greater, in which all surfaces that come into direct contact with the toxic chemicals are made from corrosion resistant materials.
b.3. Supercritical water oxidation equipment, and specially designed waste supply and material handling systems, with reactor volumes of 0.05 m3 (50 litres) or greater, in which all surfaces that come into direct contact with the toxic chemicals are made from corrosion resistant materials.
b.4. Direct chemical oxidation equipment, and specially designed waste supply and material handling systems, with reactor volumes of 0.100 m3 (100 litres) or greater, in which all surfaces that come into direct contact with the toxic chemicals are made from corrosion resistant materials.
b.5. Solvated electron equipment, and specially designed waste supply and material handling systems, with reactor volumes of 0.100 m3 (100 litres) or greater, in which all surfaces that come into direct contact with the toxic chemicals are made from corrosion resistant materials.
b.6. Plasma arc equipment, and specially designed waste supply and material handling systems, with continuous flow capacities for the disposal of toxic chemicals of 0.05 m3/hour (50 litres/hour) or greater, in which all surfaces that come into direct contact with the toxic chemicals are made from corrosion resistant materials.
(7) Entry (vii) and (viii) on list of materials encompassed by the term “corrosion resistant”: (vii) nickel or alloys with more than 40 +/- 2 per cent nickel by weight (some examples: Alloy 400, AMS 4675, ASME SB 164‑B, ASTM B-127, DIN2.4375, EN60, FM60, IN60, Hastelloy, Monel, K500, UNS NO4400, Inconel 600, Colmonoy Nr.6); (viii) alloys with more than 25 +/- 2 per cent nickel and 20 +/- 2 per cent chromium and/or copper by weight (some examples: Alloy 825, Cunifer 30Cr, EniCu-7, IN 732 X, Inconel 800, Monel 67, Monel WE 187, Nicrofer 3033, UNS C71900, 904L, and CP40).
(8) C.10.4.11: Quantities of autoinjectors that exceed the established consumption rate.
(9) C.l0.4.2: Corrosion resistant multiple-seal, canned drive, magnetic drive, bellows or diaphragm pumps, or progressive cavity tubing pumps (including peristaltic or roller pumps in which only the elastometric tubing is corrosion resistant) with manufacturer’s specified maximum flow rate of 0.01 m3 per minute or greater under standard temperature (293 K) and standard pressure (101.30 kP) conditions.
Corrosion resistant vacuum pumps with manufacturer’s specified maximum flow rate greater than 0.08 m3 per minute under standard temperature (293 K) and pressure (101.30 kP) conditions and the following components:
Impellers
Casings
(10) C.10.4.4: Corrosion resistant valves with a smallest inner diameter of 12.5 mm or more and the following components:
Valve wetted parts
Biological Section:
(1) 12: Quantities of Ciprofloxacin, Doxycycline, Gentamycin, Streptomycin that exceed the established consumption rates.
(2) 2.5: Sterilizing equipment designed to sterilize infectious material, with an internal volume equal to 1.0 m3 or greater and the following components:
Doors
Door Seals
(3) 3.3: Orbital or reciprocal shakers with a total flask capacity greater than 25 litres, designed for use with biological material.
Shaking incubators with a total flask capacity greater than 25 litres, designed for use with biological material.
(4) 5: Quantities of formulated powdered growth media or cell culture media that exceed the established humanitarian use levels.
Quantities of formulated concentrated liquid growth media or cell culture media that exceed the established consumption rates.
Microbial grade yeast extract.
Cell culture grade fetal bovine serum.
(5) 4.1: Centrifugal separators (or decantors) designed for use with biological material capable of continuous operation at a flow rate of 20 litres per hour or greater and specially designed rotors therefor.
(6) 4.2: Batch centrifuges with a rotor capacity of 10 litres or greater, designed for use with biological agents.
(7) 11: Equipment for the microencapsulation of live microorganisms and toxins in the range of 1-15 micron particle size, to include interfacial polycondensors and phase separators, and materials such as lactic acid-glycolic acid copolymer, polyethylene glycol 6000, liposome materials such as phosphatidyl choline and hydrogels such as polyvinylalcohol and polyhydroxyethylmethacrylate, and agarose gel microspheres.
(8) 14: Filter presses and drum dryers capable of use with biological material.
(9) 13: Materials such as ion-exchange resins, gel filtration resins for column chromatography, and affinity chromatography resins used for the separation or purification of toxins.
(10) 1.2.14: Hantaviruses; 1.2.53: Lumpy Skin Disease virus.
(11) 7.2: Aerosol disseminators (other than aircraft sprayers or foggers), capable of dispersing aerosols with an ultimate mean size of 15 microns or less at a flow rate exceeding 1 litre of liquid suspension per minute or 10 grams of dry material per minute and the following components:
Spray tanks
Certified pumps Spray nozzles
Note: This entry excludes dry powder fire extinguishers.
Missile Section:
(1) 2.1: Rocket motor cases and production equipment therefor including interior lining, insulation and nozzles, and the technology, the production facilities and production equipment therefor to include computer controlled welding machines, non-destructive testing (NDT) equipment capable of using ultrasonic or X-ray to inspect motor case/engine welds; engines, including devices to regulate combustion, and components therefor.
(2) 8.3.1.2: Theodolites with an accuracy of 15 arc seconds or greater accuracy.
(3) 4.2.3: (a) Fluid energy mills usable for grinding or milling ammonium perchlorate, RDX or HMX and ammonium perchlorate hammer and pin mills and the following components:
Casings
Hammer/Anvils
(b) Equipment capable of sizing the resulting particles to below 400 microns.
(4) 5.2, 5.3.1.a and 5.4.a: Modify missile entries to delete the phrase “designed for use in inertial navigation systems or in guidance systems of all types”.
(5) 9.1.3: Test benches/stands capable of handling solid or liquid propellant rockets or rocket motors of more than 10 kN (2,248 lbs) of thrust, or capable of measuring one or more of the three axial thrust components along with spare parts, equipment and associated components (e.g. load cells, test sensors).
9.1.3.1: Load cells capable of measuring 8 kN (2,000 lbs) or greater.
9.1.3.2: Pressure transducers capable of measuring 2750 kPa (400 psi) or greater.
Conventional Section:
(1) 7.B.4: Global Navigation Satellite System (GNSS) jammers, GNSS-band signal generators, GNSS waveform/code simulators or GNSS receiver test equipment.
(2) 9.A.13.a: Low-bed trailers/loaders (height of 1.2 m or less) with a payload capacity of 20 MT or greater; bed width of 2.0 metres or more, including those vehicles with any extenders fully deployed; kingpin of 2.5 inches or greater; 3 or more axles; and tyre size of 1,200 x 20 or greater. Tractor or cab may or may not be attached.
(3) 5.A.l.b.7: b. Telecommunications transmission equipment and systems, and specially designed components and accessories therefor, having any of the following characteristics, functions or features:
7. Being radio equipment employing “time modulated ultra-wideband” techniques, having user programmable channelizing or scrambling codes.
5.A.2.a.: Systems, equipment, application specific “electronic assemblies”, modules and integrated circuits for information security, as follows, and other specially designed computer components therefor:
5.A.2.a.9: Designed or modified to use cryptographic techniques to generate channelizing or scrambling codes for “time modulated ultra wideband” systems.
(4) 7.A.3: Inertial Navigation Systems and inertial equipment and components designed therefor:
a. Inertial navigation systems (gimballed or strapdown) and in inertial equipment designed for “aircraft”, land vehicle or “spacecraft” for attitude, guidance or control, having any of the following characteristics, and components designed therefor:
a.l. (Renumbering of current GRL entry 7.A.3.a.)
a.2. (Renumbering of current GRL entry 7.A.3.b.)
b. Hybrid Inertial Navigation Systems embedded with Global Navigation Satellite System(s) (GNSS) or with “Data-based referenced Navigation” (“DBRN”) System(s) for attitude, guidance or control, subsequent to normal alignment, having an INS navigation position accuracy, after loss of GNSS or “DBRN” for a period of up to 4 minutes, of less (better) than 10 metres Circular Error Probable (CEP).
(5) 5.A.l.b.8: Radio Intercept/Direction Finding (DF) Equipment/Systems.
(6) 5.A.l.b.7: Being broadcast transmitter (e.g. for radio or television) equipment operating in the .5-500 MHz (MF to UHF broadcast bands) with output power levels above 1 kW (Root-Mean-Square (RMS)).
(7) 1.A.6: Carbon Nanotube Materials; I.B.4: Scanning Probe Microscope equipment or systems; I.E.3: Carbon Nanotube Technology.
(8) 7.A.8: Full-Motion Flight Simulators/Training Systems for civilian transport aircraft.
(9) 9.A.13.b and c: Trucks with any military attributes (e.g., armour plating, electromagnetic pulse hardened, independent steering, Global Navigation Satellite Systems (GNSS), Global Navigation Satellite System Jammers and/or Night Vision Systems) or trucks with any of the following attributes: all-wheel drive capability, payload of 20 tons or greater, reinforced chassis, 370 or more engine horsepower, central tyre inflation, run flat capability and/or semi-pneumatic tyres, or independent levelling/stabilization. Truck chassis equipped with hydraulic lift systems over 8 tonnes or capable of attachments such as hoists, cranes, drills, and oil well workover capabilities would be covered as items for review.
(9) A.13.c: Tyres with equal to or greater than 16 ply rating or 10.00 x 20 tyres with non-directional, cross-country (NDCC) tread.
(9) B.l1: Moulds designed for the production of the tyres identified in 9.A.13.c.
(10) 3.E.3.g: Other “technology” for the “development” or “production” of:
g. Electronic vacuum tubes operating at frequencies of 31 GHz or higher.
(11) 8.A.l.j: Fast/Workboats, of any construction, with length overall (LOA) in excess of 15 metres capable of speed in excess of 20 knots when laden with rated payload in excess of 1.5 tons or,
Fast/Workboats, of any construction, with length overall (LOA) in excess of 15 metres capable of speed in excess of 20 knots and equipped with corrosion-resistant firefighting water pumps and corrosion resistant nozzles, or
Fast/Workboats, of any construction, with length overall (LOA) in excess of 15 metres capable of speed in excess of 20 knots and equipped with or capable of being equipped with (defined as free or reinforced deck space equal to or greater than 2 metres square or 4 square metres) a crane or cranes with load capacity of one or more metric tons.
(12) 6.A.8: RADAR: ... Note: ... 6.A.8 does not require review of: ... d. Meteorological (weather) Radar.
Delete sub-item “d” from the above-referenced exclusion note.
6.A.8.a: All airborne radar equipment and specially designed components therefor, not including radars specially designed for meteorological use ...”.
Delete “... radars specially designed for meteorological use ...”.
Note: 6.A.8.k does not require review of LIDAR equipment specially designed for surveying or meteorological observation.
Delete “... or meteorological observation”.
6.A.9: Equipment or systems, and components designed or adapted therefor, for meteorological observation, modelling and simulation, and/or forecasting.
6.B.9: Test, inspection, and “production” equipment for equipment, systems, and components adapted therefor, for which review is required under 6.A.9.
6.D.4 “Software” for meteorological use.
6.D.4.a: “Software” for the “development”, “production”, or “use” of equipment or systems requiring review under 6.A.9 or 6.B.9.
6.D.4.b: “Software” designed or adapted for meteorological modelling or simulation.
6.E.4: “Technology” according to the General Technology Note for the “use” of items for which review is required by 6.A.9, 6.B.9 or 6.D.4.
Annex B
Goods Review List procedures
1. The following procedures replace paragraphs 29 to 34 of document S/1996/636* and other existing procedures, notably for the implementation of the relevant provisions of paragraphs 17, 18, and 25 of resolution 1284 (1999) related to the processing of applications to be financed from the escrow account established pursuant to paragraph 7 of resolution 986 (1995).
2. Each application (the “Notification or Request to Ship Goods to Iraq,” as attached to these procedures, hereafter referred to as “the application,”) for the sale or supply of commodities or products to include services ancillary to the supply of such commodities and products, to Iraq to be financed from the escrow account established pursuant to paragraph 7 of resolution 986 (1995) must be forwarded to the Office of the Iraq Programme (OIP) by the exporting States through permanent or observer missions, or by United Nations agencies and programmes. Each application should include complete technical specifications, as requested in the standard application form, concluded arrangements (e.g., contracts), and other relevant information, including, if known, whether the application contains any item(s) covered by the Goods Review List (GRL), in order for a determination to be made on whether the application contains any item referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL.
3. Each application will be reviewed and registered by OIP within 10 working days. In the case of a technically incomplete application, OIP may request additional information before transmitting the application to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA). If OIP determines that the requested information is not provided within 90 days, the application will be considered supplier-inactive and no further action on the application will be taken until the information is provided. If the requested information is not received within a further 90 days, the application will lapse. OIP should notify the submitting mission or United Nations agency in writing of any change in the status of the application. The OIP will identify an official to act as a contact point on each application.
4. After OIP registration of the application, each application will be evaluated by technical experts from UNMOVIC and IAEA in order to determine whether the application contains any item referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL (GRL item(s)). At their discretion and subject to the approval of the 661 Committee, UNMOVIC and IAEA may issue guidance regarding what categories of applications do not contain any item(s) covered by paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, or military-related commodities or products covered by the GRL. UNMOVIC, IAEA and OIP, working in consultation, may develop a procedure whereby OIP may evaluate and approve applications that, based on this guidance, fall within these categories.
UNMOVIC and IAEA should put into their records the information about the applications mentioned in subparagraphs a, b, c and d below, without prejudice to the review of these applications under the current procedures, and this information should be subject to review, together with the reviews of the GRL and its procedures as set forth in paragraph 2 of this resolution, when:
(a) An application contains information about an item reviewed by UNMOVIC and IAEA that can be applied to weapons of mass destruction or missiles systems, or increase conventional military capabilities; or,
(b) The technical review of an application by UNMOVIC and IAEA yields ambiguity as to whether the technical specifications of any item included in such application are items covered by the GRL; or,
(c) The technical evaluation of any application conducted by UNMOVIC or IAEA determines that the amount of any item included in an application exceeds requirements typically associated with the civilian end use and the item is deemed to have potential military applications;
(d) The 661 Committee may request that Iraq explain the apparent stockpiling of an item through its purchases, and may request that OIP conduct an independent investigation.
In general, when experience under resolution 1409 (2002) and this resolution indicates to OIP, UNMOVIC, and the IAEA a need for adjustment of the Goods Review List and its procedures with a view to facilitating the flow of humanitarian goods to Iraq, then OIP, UNMOVIC, and the IAEA shall recommend appropriate adjustments for consideration by the Council in the context of regular reviews of the Goods Review List and its procedures.
5. Military goods and services are prohibited for sale or supply to Iraq under paragraph 24 of resolution 687 (1991) and are not subject to review under the GRL. For consideration of dual-use goods and services referred to in paragraph 24 of resolution 687 (1991), UNMOVIC and IAEA should process these goods and services pursuant to paragraph 9 of these procedures.
6. Upon receipt of a registered application from OIP, UNMOVIC and/or IAEA will have 10 working days to evaluate an application as set forth in paragraphs 4 and 5. Absent action by UNMOVIC and/or IAEA within the 10 working day period, the application will be considered approved. In the course of conducting the technical evaluation as set out in paragraphs 4 and 5 above, UNMOVIC and/or IAEA may request additional information from the submitting missions or United Nations agency. The submitting mission or United Nations agency should provide the additional information requested within a period of 90 days. Once UNMOVIC and/or IAEA receive the requested information, UNMOVIC and/or IAEA will have 10 working days to evaluate the application under the procedure set forth in paragraphs 4 and 5.
7. If UNMOVIC and/or IAEA determine that the submitting mission or United Nations agency has not provided the requested additional information within the 90-day period set out in paragraph 6 above, the application will be considered supplier-inactive and no further action on the application will be taken until the information is provided. If the requested information is not provided within a further 90 days, the application will lapse. OIP should notify the submitting mission or United Nations agency in writing of any change in the status of the application.
8. If UNMOVIC and/or the IAEA determine that the application contains any item referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, the application shall be considered ineligible for approval for the sale or supply to Iraq. UNMOVIC and/or IAEA will provide to the submitting mission or United Nations agency through OIP a written explanation of this determination.
9. If UNMOVIC and/or IAEA determine that the application contains any GRL item(s), they will immediately inform through OIP the submitting mission or United Nations agency. Pursuant to paragraph 11 below, absent a request by the submitting mission or United Nations agency for reconsideration within 10 working days, OIP will forward the application containing the GRL item(s) to the 661 Committee for the purpose of evaluating whether the GRL item(s) may be sold or supplied to Iraq. UNMOVIC and/or IAEA will provide to the 661 Committee through OIP a written explanation of this determination. In addition, OIP, UNMOVIC and/or IAEA, at the request of the submitting mission or United Nations agency, will provide to the 661 Committee a complete and thorough assessment of the humanitarian, economic and security implications, of the approval or denial of the GRL item(s), including the viability of the whole contract in which the GRL item(s) appears and the risk of diversion of the item(s) for military purposes. The assessment provided by OIP to the 661 Committee should be transmitted in parallel by OIP to the submitting mission or United Nations agency. OIP will immediately inform appropriate United Nations agents of the finding of a GRL item(s) in the application and that the GRL item(s) may not be sold or supplied to Iraq unless otherwise notified by OIP that the procedures set forth in paragraphs 11 or 12 have resulted in approval for sale or supply of the GRL item to Iraq. The remaining items in the application, which are determined as not covered by the GRL, will be considered approved for sale or supply to Iraq and, at the discretion of the submitting mission or United Nations agency, and with the consent of the contracting parties, will be processed according to the procedure in paragraph 10 below. The relevant approval letter may be issued for such approved items under request from the submitting mission or United Nations agency.
10. If UNMOVIC and/or IAEA determine that the application does not contain any item referred to in paragraph 4 above, OIP will inform immediately the Government of Iraq and the submitting mission or United Nations agency in written form. The exporter will be eligible for payment from the escrow account established pursuant to paragraph 7 of resolution 986 (1995) upon verification by United Nations agents that the items in the application have arrived in Iraq as contracted. OIP and the United Nations Treasury will inform the banks within five working days that the items in the application have arrived in Iraq.
11. If the mission or United Nations agency submitting an application disagrees with the determination that an application contains an item(s) covered by paragraph 24 of resolution 687 as it relates to military commodities and products, or military-related commodities or products covered by the GRL, it may request a reconsideration of this decision, based on the provision of technical information and/or explanations not previously included in the application, within 10 working days to OIP. In that event, UNMOVIC and/or IAEA, will appoint experts to reconsider the item(s) in accordance with the procedures set out in paragraphs 4 to 6 above. The decision of UNMOVIC and/or IAEA will be final and no further reconsideration will be permitted. UNMOVIC and/or IAEA will provide to the 661 Committee through OIP a written explanation of the final decision of the reconsideration process. Applications shall not be forwarded to the 661 Committee until the reconsideration period has expired without a request being filed.
12. Upon receipt of an application pursuant to paragraphs 9 or 11 above, the 661 Committee will have 10 working days to determine under existing procedures whether the item(s) may be sold or supplied to Iraq. The Committee may take a decision on an item(s) according to the following options: (a) Approval; (b) Approval subject to conditions as stipulated by the 661 Committee; (c) Denial; (d) Request for additional information. Absent action by the Committee within the 10 working day period, the application will be considered approved. A Committee member may request additional information. If the additional information is not provided in the 90-day period, the item(s) will be considered supplier-inactive and no further action on the application will be taken until the information is provided. If the requested information is not provided within a further 90 days, the application will be considered lapsed. OIP should notify the submitting mission or United Nations agency in writing of any change in the status of the application. The 661 Committee will have 20 working days to evaluate the requested additional information once provided by the submitting mission or United Nations agency. Absent action by the Committee during the 20 working day period, the item will be considered approved.
13. Where the 661 Committee does not approve an item(s) for sale or supply to Iraq, the Committee will notify the submitting mission or United Nations agency with an explanation through OIP accordingly. The submitting mission or United Nations agency will have 30 working days to petition OIP to have the 661 Committee reconsider its decision based on new information not previously included in the application as reviewed by the 661 Committee. A decision by the 661 Committee on a petition received during this period shall be made within five working days and shall be considered final. Absent such a petition within 30 working days, the item will be considered ineligible for sale or supply to Iraq and OIP will notify the submitting mission or United Nations agency accordingly.
14. If an item(s) is found ineligible for sale or supply to Iraq or if an application is considered lapsed, the supplier may submit a new application based on either a new or an amended contract or donation documentation, and the new application will be evaluated under the procedures enumerated in this document and will append the original application (for information purposes only and to facilitate review).
15. If an item(s) is substituted for an item(s) that is either found ineligible for sale or supply to Iraq or is considered lapsed, the new item(s) will be submitted as a new application under the procedures enumerated in this document and will append the original application (for information purposes only and to facilitate review).
16. Experts from OIP, UNMOVIC and IAEA who evaluate applications should be drawn from the broadest possible geographical base.
17. The United Nations Secretariat will report to the 661 Committee at the end of each phase on the status of all applications submitted during this period, including contracts recirculated pursuant to paragraph 18 below. The Secretariat will provide to members of the 661 Committee, at their request, copies of applications approved by OIP, UNMOVIC, and IAEA, within three working days after their approval, for information purposes only.
18. Notwithstanding provisions of paragraph 17 above, all technical information transmitted to OIP, UNMOVIC and/or IAEA by the submitting missions or United Nations agency in accordance with these procedures is totally confidential.
19. OIP will divide contracts currently on hold into two categories: category A and category B. Category A will contain contracts on hold that have been designated by UNMOVIC as containing item(s) on one or more of the United Nations Security Council resolution 1051 lists. Category A will also contain contracts that were both processed before the Security Council adopted United Nations Security Council resolution 1284 and assessed by one or more members of the 661 Committee as containing item(s) on one or more of the United Nations Security Council resolution 1051 lists. OIP will consider contracts in category A to be “returned to the submitting mission or United Nations agency” and will notify the submitting mission or United Nations agency accordingly, including national comments if possible. The submitting mission or United Nations agency may submit a contract in category A as a new application under the GRL procedures. In category B will be all other contracts currently on hold. Contracts in category B will be recirculated by OIP under the GRL procedures. OIP will append the original committee registration number and national comments, for information purposes only, to any recirculated contracts. OIP should start this recirculation procedure within 60 days of adoption of this resolution and should complete the recirculation process within 60 days thereafter.
20. OIP shall approve humanitarian consumption rates and use levels for each chemical and medication specified in items 1, 2, 4, 5 and 8, Chemical Section and item 1 and 4, Biological Section of Annex A to the resolution. In establishing consumption rates, OIP shall be guided by information of typical civilian utilization of each item specified as appropriate for different periods of the year. OIP shall be guided further by the Council’s central objective to facilitate and expedite the flow of medicines and medicinal chemicals for the benefit of the Iraqi people while providing the Council an opportunity to prevent stockpiling of such items to support military and weapons of mass destruction/missile applications. Proposed purchases by Iraq of these items that do not exceed the consumption rates established for each item shall be approved by the Secretariat; proposed purchases of these items that exceed the established consumption rates shall be referred to the Committee established by resolution 661 (1990) for review consistent with these procedures. OIP shall process applications for these materials in the interim 60-day period prior to the implementation of this paragraph under the procedures established pursuant to resolution 1409 (2002).
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STATEMENTS BY THE PRESIDENT OF THE SECURITY COUNCIL IN 2002S/PRST/2002/1 Call for confidence-building between Ethiopia, Eritrea
Date: 16 January 2002 Meeting: 4450
The Security Council, recalling all previous resolutions and statements of its President regarding the situation in Ethiopia and Eritrea, welcomes the Secretary-General’s progress report of 13 December 2001 (S/2001/1194).
The Security Council reaffirms the commitment of all Member States to the sovereignty, independence and territorial integrity of Ethiopia and Eritrea. The Council further reaffirms its strong support for the Comprehensive Peace Agreement between the Government of the State of Eritrea and the Government of the Federal Democratic Republic of Ethiopia, signed in Algiers on 12 December 2000 (S/2000/1183), and the preceding Agreement of Cessation of Hostilities (S/2000/601), signed in Algiers on 18 June 2000 (hereafter referred to collectively as the Algiers Agreements). The Council reaffirms its unwavering commitment to contribute to the completion of the peace process.
The Security Council looks forward to the border delimitation determination by the Boundary Commission, which is final and binding. The Council stresses that in accordance with article 4.15 of the Comprehensive Peace Agreement (S/2000/1183), which has the full support of the international community, the Parties have committed themselves to accepting fully the determination of the Boundary Commission.
The Security Council notes that, notwithstanding the outstanding issues, the situation in the Temporary Security Zone (TSZ) has remained calm with the considerable progress made to date under the peace process preserved.
The Security Council reiterates its strong support for the United Nations Mission in Ethiopia and Eritrea (UNMEE) and calls on the parties to cooperate fully with UNMEE.
The Security Council notes that UNMEE has proved allegations made in the recent past by the parties, including concerning military build-up in the TSZ and adjacent areas north of the zone, to be unfounded. The Council welcomes the recent reduction in the use of rhetoric by the parties and encourages them to continue to defuse tension and exercise greater degrees of flexibility in their approaches to the peace process.
The Security Council notes that Eritrea has begun to allow UNMEE to visit some locations in the adjacent area north of the TSZ upon 24-hours’ notification and calls again on Eritrea to grant UNMEE the full freedom of movement it requires in this area to allow, in particular, for monitoring of Eritrea’s redeployed forces and hence facilitate expeditious responses to any allegations, thereby facilitating mutual confidence.
The Security Council reiterates its call on Eritrea to disclose the number, strength and disposition of its militia and police inside the TSZ and to refrain from deployment close to the southern boundary of the TSZ, thereby facilitating mutual confidence.
The Security Council further reiterates its call on Eritrea to conclude the status-of-forces agreement with the Secretary-General. The Council notes, in this regard, that the model status-of-forces agreement as set out in resolution 1320 (2000) of 15 September 2000 is in effect.
The Security Council notes the information provided by Ethiopia regarding mines and calls on Ethiopia to provide UNMEE with further details on the types of mines used in the TSZ and adjacent areas, as well as more specific information on minefields already cleared by Ethiopian Armed Forces, with the view to facilitate the return to home of internally displaced persons and the forthcoming border demarcation work.
The Security Council expresses its regret that there has been no progress regarding the establishment of a direct high-altitude flight route for UNMEE between Asmara and Addis Ababa. It notes with deep concern that the current extended flight route for UNMEE between the two capitals has significant security, logistical and financial implications. The Council calls on the parties once again to work with the Special Representative of the Secretary-General in a spirit of compromise to settle the issue for the mutual benefit of all.
The Security Council, underlining the need for confidence-building measures, calls on the parties to release and return unconditionally and without further delay, under the auspices of the International Committee of the Red Cross (ICRC), all the remaining prisoners of war and release all other persons detained as a result of the armed conflict, in accordance with international humanitarian law and the Algiers Agreement. In this regard, the Council welcomes the repatriation yesterday of 25 Ethiopian prisoners of war from Eritrea under the auspices of the ICRC. The Council encourages authorities and civil society in both Ethiopia and Eritrea to afford humane treatment, without discrimination, to each other’s nationals and persons of each other’s origin within their respective territories.
The Security Council, inviting the parties to make further contributions to fulfil their financial responsibilities regarding the Boundary Commission, expresses its determination to support the practical demarcation of the border. It looks forward to the forthcoming recommendations by the Secretary-General in this regard.
The Security Council, expressing appreciation to those Member States that have already provided voluntary contributions, calls on Member States in a position to do so to provide further support to the peace process and to alleviate the difficult humanitarian situation and, where conditions allow, help facilitate reconstruction and development in both countries, including by making contributions through the following channels:
(a) United Nations Consolidated Appeals process for 2002;
(b) United Nations Trust Fund to Support the Peace Process in Ethiopia-Eritrea; and, in light of paragraph 13 above,
(c) United Nations Trust Fund for the Delimitation and Demarcation of the Border established pursuant to resolution 1177 (1998).
The Security Council confirms its intention to send a mission to the two countries in February 2002.
S/PRST/2002/2 Conflict prevention, peacekeeping cooperation in Africa
Date: 31 January 2002 Meeting: 4465
The Security Council expresses its appreciation to H.E. Mr. Amara Essy, Secretary-General of the Organization of African Unity (OAU), as well as the Ministers who participated in the Public Meeting on the “Situation in Africa” on 29 January 2002 for their invaluable contributions to the debate on the “Situation in Africa”.
The Security Council reaffirms the principles of political independence, sovereignty, and territorial integrity of all States and their obligation to settle their dispute by peaceful means.
The Security Council, recalling its primary responsibility for the maintenance of international peace and security as well as the provisions of Chapter VIII of the Charter of the United Nations, underscores the importance of partnership and enhanced coordination and cooperation, based on complementarity and comparative advantage, between the United Nations, the OAU and subregional organizations in Africa in the promotion of regional peace and stability. It welcomes the decision of the OAU Summit held in Lusaka in July 2001 to undertake a review of the structures, procedures and working methods of the Central Organ of the Mechanism for Conflict Prevention, Management and Resolution (CPMR). It emphasizes the importance of enhanced cooperation and of ensuring better coordination between the United Nations and the OAU with the view to achieving a lasting solution to conflicts. In this regard, it requests the Secretary-General to encourage the United Nations Liaison Office to the OAU in Addis Ababa to interact more closely with the OAU Mechanism for CPMR on the conflicts in Africa. The Security Council expresses its readiness to deepen its cooperation with the OAU and subregional organizations and invite them to inform it at the earliest possible stage over their decisions and initiatives that could have implications relating to its responsibilities under the Charter.
The Security Council calls on the United Nations system to intensify its cooperation, including assistance within existing resources, to the OAU and subregional organizations in Africa in the field of capacity-building, particularly in early warning conflict prevention and peacekeeping. It also stresses the importance of effective interaction between the United Nations system and the OAU and subregional organizations through the exchange of information and analysis at the conflict prevention stage; coordination and clear understanding of respective roles in forwarding peace processes; and coordinated support to national and regional peace-building efforts. In this regard, the Security Council welcomes the establishment of the United Nations Office in West Africa and requests the Secretary-General to take all necessary measures for that Office to be fully operational.
The Security Council notes with satisfaction that good offices missions carried out by prominent political leaders of Africa facilitated significant progress in the political settlement of certain conflicts; it encourages the OAU and subregional organizations, taking into account the specific situation of conflicts, to seek appointment of such figures as Special Envoys as well as to employ where appropriate the traditional methods of conflict resolution including the establishment of Councils of Elders; the Security Council stresses the importance of the preventive character of such efforts and emphasizes the need for their proper coordination. The Security Council stresses the specific needs of women and children in peace processes and encourages the strengthening of the role of women and youth in the search for solutions to conflicts in Africa.
The Security Council encourages the ongoing efforts undertaken by the international community in addressing the root causes of conflicts in Africa as indicated in the Report of the Secretary-General on the Causes of Conflicts and the Promotion of Durable Peace and Sustainable Development in Africa (A/52/871-S/1998/318). The Security Council, bearing in mind the linkages between conflicts in Africa and inter alia poverty and development, the illicit proliferation of small arms and light weapons, the problems of refugees and internally displaced persons, the illegal exploitation of natural resources and, social exclusion as a source of intra-State conflicts, reaffirms its continued commitment in addressing these problems and encourages the OAU as well as subregional organizations and international financial institutions to do likewise. The Security Council stresses that the early resumption of international cooperation and development aid to countries where a peace process is being implemented is of critical importance for the success of this peace process and further stresses the importance of the role of the donor community and international financial institutions in this regard.
The Security Council stresses that good governance, democracy, rule of law, and the respect of human rights and the fight against poverty are essential for peace, stability and sustainable development in Africa. It also stresses the importance of national reconciliation through dialogue in respective countries. It expresses its strong support to the decisions of the OAU Heads of State and Government at the Algiers Summit held in 1999 denying recognition to Governments that come to power through unconstitutional means and notes with satisfaction that this decision is being implemented. It reaffirms that resolution of conflicts in Africa requires, above all, the political will and courage of the parties themselves to seek peace.
The Security Council expresses concern over the effects of conflicts on civilian population including violations of human rights, in particular those affecting the most vulnerable groups such as the elderly, women and children. It emphasizes the responsibility of States concerned to put an end to impunity and prosecute those responsible for such acts.
The Security Council underlines the need to address the problem of refugees and internally displaced persons which in addition to humanitarian consequences constitute a burden on the affected countries and which may become a source of conflict. It notes the shortfall in funding for refugee and internally displaced persons programmes in Africa and reiterates its call upon the international community to provide such programmes with the necessary financial resources, taking into account the substantial needs in Africa.
The Security Council, recalling its resolution 1308 of 17 July 2000, inter alia recognizing that the HIV/AIDS pandemic is also exacerbated by the conditions of violence and instability and constitutes a potential risk to stability and security, reiterates that the pandemic, if unchecked, may pose a risk to stability and security. The Council urges the international community and donors to coordinate their efforts in the fight against HIV/AIDS.
The Security Council reiterates the importance of disarmament, demobilization and reintegration (DDR) in the process of conflict resolution and post-conflict peace-building, and notes the lack of adequate resources for effective reintegration programmes. In this regard, it urges the international community to support such programmes, including through the implementation of quick-impact projects.
The Security Council notes that African States can contribute to peace and security in the continent by implementing transparency and confidence-building measures. In this regard, the Security Council reiterates its call on all States to implement the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.
The Security Council welcomes the participation of the Economic and Social Council (ECOSOC) to its Public Meeting on the Situation in Africa on 29 January 2002. It reaffirms the importance of strengthening its cooperation, through greater interaction, with the ECOSOC, in accordance with Article LXV of the Charter of the United Nations, in the area of the prevention of armed conflicts, including in addressing the economic, social, cultural and humanitarian problems. The Security Council, taking note of the time it devotes to discussing African conflicts and the specificity of the problems of Africa, underlines that economic rehabilitation and reconstruction constitute important elements in the long-term development of post-conflict societies and the maintenance of lasting peace and calls for greater international assistance in this regard. The Security Council expresses its resolve to seek to establish the political conditions for non-recurrence of a particular conflict before withdrawing any peacekeeping operation.
The Security Council commends and supports the efforts of African countries within the framework of the fight against international terrorism.
The Security Council welcomes the ongoing transformation of the OAU into the African Union and encourages and supports the principles of the New Partnership for African Development (NEPAD) to create the conditions for development and to enhance economic integration in Africa. It recognizes that sound economic policies will further enhance peace and stability in the region. It calls upon the donor countries and the Bretton Woods institutions to continue assisting Africa in implementing the Heavily Indebted Poor Countries initiatives and to work with African governments, through the NEPAD, to create necessary conditions to attract and mobilize public and private sector resources in support of economic growth and poverty reduction.
The Security Council notes the usefulness of its meeting with the Secretary-General of OAU and stresses the importance of holding such consultations on a regular basis, at least once a year, in the future.
The Security Council recognizes the need for adequate measures to prevent and resolve conflicts in Africa, and will consider the setting up of an ad hoc Working Group to monitor the above recommendations and to enhance coordination with ECOSOC.
S/PRST/2002/3 Support for Burundi Transitional Government
Date: 7 February 2002 Meeting: 4471
The Security Council pays tribute to the signatories to the Arusha Agreement, and the transitional president, His Excellency Mr. Pierre Buyoya in particular, for their efforts to advance the peace process. It expresses its full support for the transitional government set up on the basis of the Agreement, which was represented by President Buyoya at the meetings of the Council on 5 February 2002. The Council reiterates its gratitude for the facilitation efforts of former President Mandela. It also expresses its support for the ongoing efforts of President Bongo and Deputy President Zuma, as well as States in the region and South Africa to facilitate the implementation of the Arusha Agreement.
The Council reaffirms that continued fighting against the legitimate transitional government set up pursuant to an inclusive peace agreement is totally unjustifiable and unacceptable, and threatens the implementation of the peace process. It once more calls on the rebel groups immediately to lay down arms in the interest of all Burundians and recalls that only a negotiated solution will finally end the fighting. In this connection, the Council commends the commitment of the transitional government to enter into ceasefire negotiations and pays tribute to the efforts made to that end by the facilitation team and, in coordination with the latter, by the States in the region, particularly United Republic of Tanzania. The Council emphasizes that it is now up to the rebel groups to do their part. It calls on them immediately to translate into action the encouraging signals that they have given recently. It emphasizes further that, while the transition is moving ahead according to the established time frame, time is of the essence for the rebels finally to join the peace process.
The Security Council welcomes the steps taken by the Governments of Burundi and the Democratic Republic of the Congo to normalize their relations. In this regard, it also welcomes the joint communiqué they issued on 7 January (S/2002/36). It calls on them to implement as soon as possible the elements agreed in this communiqué, and in particular to ensure that the territory of the Democratic Republic of the Congo will not be used for armed attacks against Burundi, and to proceed to the effective withdrawal of Burundian troops from Congolese territory.
The Security Council emphasizes that national reconstruction and economic recovery are the other main challenges which the Burundi peace process must overcome in order to place itself on a stronger footing. The Council stresses the important role of the international community in this regard and calls on donor countries to honour as soon as possible the pledges which they made at the Paris (December 2000) and Geneva (December 2001) donor round tables, as well as on the United Nations system as a whole to support the transitional government for the reconstruction of the country.
S/PRST/2002/4 Support for special representative for Kosovo
Date: 13 February 2002 Meeting: 4473
The Security Council expresses its full support for the Special Representative of the Secretary-General upon his assumption of the position as Head of the United Nations Interim Administration Mission in Kosovo (UNMIK), as well as its appreciation to all the personnel of UNMIK for their untiring efforts in ensuring the full implementation of resolution 1244 (1999) of 10 June 1999.
The Security Council notes the progress made in the implementation of resolution 1244 (1999) and the Constitutional Framework for Provisional Self-Government, including the inauguration of the Kosovo Assembly following the elections on 17 November 2001 in Kosovo, Federal Republic of Yugoslavia. It calls on Kosovo’s elected representatives to resolve the deadlock over the formation of executive structures of the provisional self-governing institutions and to allow the functioning of those institutions, in accordance with the Constitutional Framework and the outcome of the elections which expressed the will of the voters. It supports the development of cooperation between UNMIK, Kosovo’s elected representatives and the authorities in the Federal Republic of Yugoslavia. Such cooperation is vital in implementing resolution 1244 (1999).
The Security Council reaffirms the fundamental importance of the rule of law in Kosovo’s political development and condemns any attempt to undermine it. It supports all efforts of UNMIK, together with the international security presence (KFOR) and the Kosovo Police Service (KPS), to combat all kinds of crime, violence and extremism. It supports the measures taken to bring persons responsible for criminal acts to justice, regardless of ethnic or political background. It calls upon the elected leaders of Kosovo to cooperate fully with UNMIK and KFOR in promoting the rule of law and a multi-ethnic Kosovo with security and freedom of movement for all.
S/PRST/2002/5 Withdrawal of foreign troops from Democratic Republic of the Congo
Date: 25 February 2002 Meeting: 4476
The Security Council welcomes the tenth report of the Secretary-General of 15 February 2002 (S/2002/169) on the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) and expresses its intention to consider its recommendations. The Council calls on all the parties to the conflict to display their political will in order to achieve a peaceful settlement and reconciliation. The Council urges all the parties to the Lusaka Ceasefire Agreement (S/1998/815) to fulfil all their commitments under the Agreement and under the relevant resolutions of the Council.
The Security Council stresses the importance of the Inter-Congolese Dialogue, which is an essential element to achieve lasting peace. It reiterates its strong support for the Facilitator and his team. It calls on all Congolese parties to participate in this process, and to do so in a constructive spirit.
The Security Council reiterates its call for the withdrawal of all foreign troops from the territory of the Democratic Republic of the Congo. It also stresses that the disarmament, demobilization, repatriation, resettlement and reintegration process of the armed groups mentioned in Annex A, Chapter 9.1 of the Lusaka Ceasefire Agreement is another key element for the settlement of the conflict in the Democratic Republic of the Congo, and in this regard:
– reiterates its support for MONUC, which is deploying in the east of the country in order to facilitate this process;
– calls on the Government of the Democratic Republic of the Congo to fulfil its commitments regarding the repatriation of the ex-combatants in Kamina;
– taking note of the request expressed by the President of the Democratic Republic of the Congo to the Security Council, requests MONUC to make a first assessment of the number of members of the Rwandan armed groups (ex-forces armés rwandais and Interahamwe) in the territory of the Democratic Republic of the Congo, and to report to the Council by the end of March. Based on this assessment, the Council will examine whether any further support should be given to MONUC in the execution of this task;
– recalls that all the parties have a major responsibility to contribute to the disarmament, demobilization, repatriation, resettlement and reintegration process and that the Joint Military Commission has a role in this respect, in cooperation with MONUC.
The Security Council takes note of the reinforcement of the MONUC presence in Kisangani and reiterates its demand that the city be demilitarized, in accordance with its relevant resolutions. In this regard, it also stresses the importance of the full reopening of the Congo River, including to commercial traffic, and calls on all parties to cooperate in this regard.
The Security Council expresses its concern at the persistent human rights violations, in particular in the east of the country, and calls on all parties to put an end to these violations.
S/PRST/2002/6 Objectives for protecting civilians in armed conflict
Date: 15 March 2002 Meeting: 4493
The Security Council recalls its resolutions 1265 (1999) of 17 September 1999 and 1296 (2000) of 19 April 2000 on the protection of civilians in armed conflict and the letter of 21 June 2001 from the President of the Security Council to the Secretary-General on the protection of civilians in armed conflict (S/2001/614).
The Security Council reaffirms its concern at the hardships borne by civilians during armed conflict, and recognizes the consequent impact this has on durable peace, reconciliation and development, bearing in mind its primary responsibility under the Charter of the United Nations for the maintenance of international peace and security, and underlining the importance of taking measures aimed at conflict prevention and resolution.
Having considered the reports of the Secretary-General of 8 September 1999 (S/1999/957) and of 30 March 2001 (S/2001/331) on the Protection of Civilians in Armed Conflict and welcoming the close cooperation with the Secretary-General in preparing the Aide Memoire attached to this statement, the Security Council adopts the Aide Memoire contained in the annex to the presidential statement as a means to facilitate its consideration of issues pertaining to protection of civilians. The Council further emphasizes the need, when considering ways to provide for the protection of civilians in armed conflict, to proceed on a case-by-case basis, taking into account the particular circumstances.
The Security Council will review and update the contents of the Aide Memoire as appropriate, and will remain actively seized of the matter.
S/PRST/2002/7 Angolan Government intention to cease offensives
Date: 28 March 2002 Meeting: 4499
The Security Council welcomes the communiqué issued by the Government of Angola on 13 March 2002 (S/2002/270) as a positive, constructive, and forward-looking approach to ending the conflict and resuming the process of national reconciliation and calls upon the União Nacional para a Independência Total de Angola (UNITA) to show that it shares a similar position, with the aim of achieving national reconciliation including through a general ceasefire in Angola.
The Security Council urges UNITA to recognize the historic nature of this opportunity to end the conflict with dignity, to give a clear, positive response to the Government’s offer of peace, to implement fully the Lusaka Protocol (S/1994/1441, Annex), including by disavowing the use of arms and demilitarizing completely, and to re-enter political life to pursue its ideals as an important contributor to the process of national reconciliation towards a fully democratic Angola.
The Security Council recognizes the positive initiatives of the Government of Angola in this process. It also recognizes the vital role to be played by a peaceful UNITA and stresses the importance of the role of other political parties and civil society, including the churches, all supported by the international community.
The Security Council expects that the Government of Angola will fulfil its commitments as rapidly as circumstances permit, and notes that the response of the international community, including the provision of assistance, with the exception of humanitarian assistance, would be positively encouraged by the Government’s efforts and actions.
The Security Council calls on the Government of Angola to ensure further the transparency and credibility of the peace process, including by cooperating with the United Nations, in the first phase and beyond. The Council looks forward to discussions between the Under-Secretary-General/Adviser for Special Assignments in Africa and the Government of Angola to clarify the role of the United Nations.
The Security Council stresses the active role that the United Nations is expected to play in the implementation of the Lusaka Protocol, in close cooperation with the Government of Angola and notes the need to renew, and possibly redefine, the mandate of the United Nations Office in Angola (UNOA) by 15 April 2002, taking into account recent developments in Angola, in consultation with the Government of Angola.
The Security Council declares its support for the full implementation of the Lusaka Protocol, and its willingness to work with all parties in this endeavour, and stresses the importance of the re-commencement of the Joint Commission as soon as UNITA is ready to name its members. It calls upon the Government to facilitate UNITA retaking its place on the Commission, while noting that it might be necessary for the parties to build upon the Lusaka Protocol, by common agreement, as appropriate to current circumstances without altering the fundamental nature and principles of the accord.
The Security Council stands ready to consider appropriate and specific exemptions from and amendments to the measures imposed by paragraph 4 (a) of United Nations Security Council resolution 1127 (1997) of 28 August 1997 in consultation with the Government of Angola and with a view to facilitating the peace negotiations.
The Security Council welcomes the Government of Angola’s statement on facilitation of the political reorganization of UNITA and the choice of their leadership in complete freedom, in order to have a legitimate interlocutor for national reconciliation.
The Security Council underlines that the legitimacy of the peace process depends upon a genuine role for, and full participation of, political parties and civil society without interference, as well as flexibility in approaching questions of national reconciliation.
The Security Council expresses its concern that the grave humanitarian situation, especially for internally displaced persons, continues to deteriorate and calls upon the Government of Angola to accelerate full and immediate access to all those in need of humanitarian assistance; it welcomes the decision by the Government of Angola to include humanitarian assistance in its plans to extend territorial administration throughout Angola, and expects that the Government of Angola cooperate fully through an agreed coordinating mechanism with the international donors in developing swiftly an appropriate and effective humanitarian response, including demining activities.
The Security Council invites the Government of Angola to brief the Council at the earliest opportunity on the peace process in all its aspects, as well as national reconciliation and the humanitarian situation.
S/PRST/2002/8 Working mission to Somalia
Date: 28 March 2002 Meeting: 4502
The Security Council recalls the Statements of its President of 31 October 2001 (S/PRST/2001/30) and of 11 January 2001 (S/PRST/2001/1) and all other previous decisions concerning the situation in Somalia. The Council, having considered the report of the Secretary-General of 21 February 2002 (S/2002/189) and having held a public meeting on 11 March 2002, reaffirms its commitment to a comprehensive and lasting settlement of the situation in Somalia, reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of the country, consistent with the principles of the Charter of the United Nations.
The Security Council reiterates its support to the Arta peace process, which continues to be the most viable basis for peace and national reconciliation in Somalia. The Council urges the Transitional National Government, local authorities and political and traditional leaders in Somalia to make every effort to complete, without preconditions, the peace and reconciliation process through dialogue and involvement of all parties in a spirit of mutual accommodation and tolerance, with the view to establish an all-inclusive government in Somalia based on the sharing and devolution of power through the democratic process.
The Security Council strongly supports the decisions by the 9th Intergovernmental Authority on Development (IGAD) Summit and by the IGAD Foreign Ministers Committee on 14 February 2002 to convene a National Reconciliation Conference for Somalia in Nairobi in April 2002, including the Transitional National Government and all other Somali parties without conditionalities. The Council strongly supports the call upon Kenya, Ethiopia and Djibouti (the frontline States) by the 9th IGAD Summit to coordinate their efforts for national reconciliation in Somalia under the supervision of the IGAD Chairman, and to hold the Reconciliation Conference under President Moi of Kenya as the coordinator of the frontline States to continue the peace process in Somalia and report to the IGAD Chairman. The Council will follow the further developments closely and emphasizes that the constructive and coordinated involvement by all frontline States is crucial for the restoration of peace and stability in Somalia. The Council calls on all States in the region, including non-IGAD States, to contribute constructively to the peace efforts for Somalia, including by using their influence to bring on board Somali groups that have thus far not joined the peace process. The Council encourages the Secretary-General, through his Special Advisor and the United Nations Political Office for Somalia (UNPOS), to support actively the IGAD initiative in the important period ahead.
The Security Council, underlining that the future of Somalia depends, first of all, on the commitment of Somali leaders to end the suffering of their people by negotiating a peaceful end to the conflict, strongly urges all parties to participate at decision making level in the Reconciliation Conference in Nairobi scheduled for April 2002. The Council expresses its intention to consider the situation in Somalia taking into account the outcome of the Reconciliation Conference upon its conclusion, including with regard to participation in a constructive manner by the respective parties or any lack thereof.
The Security Council, deeply concerned about the recent fighting in Mogadishu and in the Gedo region, calls for an immediate end to all acts of violence in Somalia. The Council condemns the leaders of those armed factions who continue to be obstacles to peace and stability in Somalia. The Council emphasizes that the efforts for peace in the country should not be held hostage to deliberate acts of violence or other acts aimed at preventing the country from returning to normality and the setting up and rehabilitation of its governing structures.
The Security Council notes with serious concern the continued flow of weapons and ammunition supplies to Somalia from other countries and the reported training of militia and plans for major offensives in southern and northeastern parts of the country. The Council is also concerned about the illicit trafficking and trade in small arms in the entire subregion. The Council insists that no State, in particular those of the region, should interfere in the internal affairs of Somalia. Such interference only further destabilizes Somalia, contributes to a climate of fear and impacts adversely on individual human rights, and could jeopardize the sovereignty, territorial integrity, political independence and unity of the country. The Council insists that the territory of Somalia should not be used to undermine stability in the subregion. The Council emphasizes that the situation in Somalia and the objective of long-term regional stability can most effectively be addressed if all States in the region play a positive role, including in the process of rebuilding national institutions in Somalia.
The Security Council calls on all States and other actors to comply scrupulously with the arms embargo established by resolution 733 (1992) of 23 January 1992 and to report all information on any violations to the Committee established pursuant to resolution 751 (1992) of 24 April 1992. The Council expresses its determination to put in place concrete arrangements and/or mechanisms, by 30 April 2002, for the generation of independent information on violations and for improving the enforcement of the embargo.
The Security Council emphasizes the necessity for further efforts against international terrorism in accordance with resolution 1373 (2001) of 28 September 2001. The Council notes the commitment of the Transitional National Government to combat international terrorism and welcomes the report submitted in this regard (S/2001/1287). The Council further notes the stated intentions by local authorities in various parts of the country to take steps pursuant to resolution 1373. The Council, insisting that persons and entities must not be allowed to take advantage of the situation in Somalia to finance, plan, facilitate, support or commit terrorist acts from the country, emphasizes that efforts to combat terrorism in Somalia are inseparable from the establishment of peace and governance in the country. In this spirit, the Council urges the international community to provide assistance to Somalia for the further and comprehensive implementation of resolution 1373.
The Security Council notes that the downturn in remittances and freezing of accounts of individuals following the closing of the offices of the Al-Barakaat Group reduced household incomes in Somalia. The Council underlines, as a matter of urgency, the necessity to develop mechanisms that facilitate legitimate financial transfer to and from Somalia while preventing further financial flows to terrorists and terrorist groups, taking fully into account the different concerns involved. The Council is encouraged by the initiative by the United Nations Development Programme to establish a monitoring and regulatory framework for money transfer companies to facilitate their operations locally and internationally.
The Security Council expresses concern about the humanitarian situation in Somalia, particularly in the Gedo and Bari regions. The Council draws attention to the urgent need for international assistance, inter alia, in covering food and water shortfalls, thereby also combating potentially further destabilizing migration and outbreak of disease. It further underlines that longer-term interventions are required to stimulate economic recovery, rebuild household asset bases and promote sustained productivity. The Council calls on Member States to respond urgently and generously to the United Nations Consolidated Inter-Agency Appeal for 2002.
The Security Council, noting that problems in livestock exports have severely affected the humanitarian and economic situation in Somalia, welcomes the lifting of the export ban by some States, and calls on States who maintain the ban to take active steps towards the resumption of livestock imports from Somalia. The Council appreciates the efforts by the United Nations Development Programme and the Food and Agricultural Organization to promote the lifting of the ban imposed by a number of States.
The Security Council notes the recent security assessment of the Inter Agency Mission to Somalia. The Council further notes that the security regime will follow the United Nations practice of incremental engagement with Somali communities that are moving towards peace through constant evaluation of security conditions. The Council requests the Secretary-General to keep the security situation under review, including through regular inter-agency headquarter assessment missions.
The Security Council notes with satisfaction that, in spite of the difficult security conditions, the United Nations, the Red Cross and Red Crescent movements and non-governmental organizations continue to provide humanitarian and development assistance to all areas of Somalia. The Council condemns attacks on humanitarian personnel and calls upon all parties in Somalia to respect fully the security and safety of personnel of the United Nations, the International Committee of the Red Cross and non-governmental organizations, and to guarantee their complete freedom of movement and access throughout Somalia.
The Security Council values the desire of the Transitional National Government and various local authorities in Somalia to cooperate with the United Nations in creating an enabling environment for humanitarian and development assistance, and commends the peace-building activities currently implemented by United Nations agencies in the country. The Council notes that safe access for staff and assets of the United Nations, the Red Cross and Red Crescent movements and non-governmental organizations already exists in a number of areas. It further notes the trend towards improved security conditions in a number of areas in the north, middle and south of Somalia, in accordance with the Secretary-General’s report.
The Security Council notes the recommendation by the Secretary-General that the international community must increase its programmes of assistance to Somalia in creative and innovative ways, wherever the security situation allows, including by making greater efforts to ensure that the peace dividend aspect of targeted assistance is fully exploited. The Council reiterates that a comprehensive post-conflict peace-building mission should be deployed once security conditions permit.
The Security Council requests the Secretary-General, as a matter of urgency and under the current circumstances, to utilize to the fullest his Representative, in close cooperation with the United Nations Resident Coordinator for Somalia, to coordinate ongoing peace-building activities and provide for their incremental expansion, including staff strengthening, in a coherent manner and in accordance with the security arrangements. Preparatory activities on the ground for a comprehensive peace-building mission should take the following elements into account, while also considering other proposals for post-conflict peace-building activities:
(a) community based peace-building;
(b) disarmament, demobilization, rehabilitation and reintegration of militia, including in particular child soldiers;
(c) assessing and combating illicit trade and trafficking of small arms;
(d) training of police with a view to establishing uniform standards of law enforcement throughout Somalia;
(e) quick impact projects aimed at improving security;
(f) intensification of women’s participation at all levels in peace building;
(g) intensification of dialogue on humanitarian and development issues, including resolution of land claims at the local level;
(h) AIDS education and prevention.
The Security Council requests the Secretary-General to establish, without further delay, a Trust Fund for Peace-Building in Somalia to support the preparatory activities on the ground for a comprehensive peace-building mission and supplement the United Nations Consolidated Inter-Agency Appeal, as envisaged in his report of 19 December 2000 (S/2000/1211) and as indicated through the statement of its President of 11 January 2001 (S/PRST/2001/1) and of 31 October 2001 (S/PRST/2001/30), and invites donors to come forward and make contributions at an early stage.
The Security Council, underlining its strong resolve to support in a practical manner the United Nations system in its incremental approach to peace-building in Somalia in line with the present Statement, endorses a working mission to the region at the appropriate level consisting of interested members of the Council and secretariat staff. It would welcome the facilitation and inputs by UNPOS and the United Nations Country Team for Somalia in this regard. The Council expresses its determination to address, based on the report to be submitted by the mission and the upcoming report by the Secretary-General, how it may further support in a practical and concrete manner the peace efforts in Somalia on a comprehensive basis.
The Security Council endorses the establishment of Somalia Contact Group, to operate in Nairobi and New York. The Council invites the Nairobi branch of the Contact Group, inter alia, to promote the completion of the Arta peace process, including through the IGAD initiative referred to above; to support the implementation of the pilot peace-building programme, as stipulated above; and to elaborate practical ways and means of facilitating exchange of information through engaging various actors in the region, including the community of non-governmental organizations. The Council further underlines that the primary purpose of the New York branch of the Contact Group should be to support the Secretariat’s work on Somalia with the view to ensure that the situation in the country is given due consideration by the United Nations.
The Security Council welcomes the appointment of Mr. Winston A. Tubman as the new Representative of the Secretary-General and head of the United Nations Political Office for Somalia upon his assumption of duties in Nairobi in April 2002. The Council expresses its gratitude to the departing Representative, Mr. David Stephen, for his tireless efforts over four years in support of national reconciliation in Somalia.
The Security Council requests the Secretary-General to address fully the requirements of the present Statement in his report due on 30 June 2002.
The Security Council remains seized of the matter.
S/PRST/2002/9 Support for joint statement on Middle East
Date: 10 April 2002 Meeting: 4511
The Security Council supports the Joint Statement (S/2002/369) issued in Madrid on 10 April 2002 by the Secretary-General, Minister of Foreign Affairs of the Russian Federation, Secretary of State of the United States, Minister for Foreign Affairs of Spain and High Representative for European Union Common Foreign and Security Policy, which is annexed to this statement, as transmitted to the Council by the Secretary-General. The Security Council calls upon the Government of Israel, the Palestinian Authority and all States in the region to cooperate with the efforts to achieve the goals set out in the Joint Statement and insists on the immediate implementation of resolutions 1402 (2002) and 1403 (2002).
Annex
Joint Statement
The Secretary-General of the United Nations Kofi Annan, Minister of Foreign Affairs of the Russian Federation Igor Ivanov, Secretary of State of the United States Colin Powell, Minister for Foreign Affairs of Spain Josep Pique and High Representative for European Union Common Foreign and Security Policy Javier Solana met in Madrid today. We reviewed the escalating confrontation in the Middle East and agreed to coordinate our actions to resolve the current crisis.
We express our grave concern about the present situation, including the mounting humanitarian crisis and the growing risk to regional security. We reiterate our shared condemnation of violence and terrorism, express our deep distress at the loss of innocent Palestinian and Israeli life, and extend our deepest sympathy to the families of those killed and wounded. Believing that there has been too much suffering and too much bloodshed, we call on the leaders of Israel and the Palestinian Authority to act in the interests of their own people, the region, and the international community and to immediately halt this senseless confrontation.
In this regard, we express our grave concern about the most recent attacks from Lebanon across the UN-determined Blue Line. The Quartet calls on all parties to respect the Blue Line, halt all attacks, and show the utmost restraint. The conflict should not be allowed to spread and threaten regional security and stability.
The UN, EU and Russia express their strong support for Secretary of State Powell’s mission, and urge Israel and the Palestinian Authority to cooperate fully with his mission and with their continuing efforts to restore calm and resume a political process.
We reiterate that there is no military solution to the conflict and call on the parties to move towards a political resolution of their disputes based on UNSCR 242 and 338, and the principle of land for peace — which formed the basis for the Madrid Conference of 1991. We reaffirm our support for the objective expressed by President Bush and spelled out in UNSCR 1397, of two States, Israel and Palestine, living side-by-side within secure and recognized borders. We warmly welcome Saudi Crown Prince Abdullah’s peace initiative, as endorsed in Beirut by the Arab League, as a significant contribution towards a comprehensive peace, including Syria and Lebanon.
To enable progress towards our shared goals, we reaffirm that UNSCR 1402 must be fully implemented immediately, as called for in UNSCR 1403. We call on Israel to halt immediately its military operations. We call for an immediate, meaningful ceasefire and an immediate Israeli withdrawal from Palestinian cities, including Ramallah, specifically including Chairman Arafat’s headquarters. We call on Israel to fully comply with international humanitarian principles and to allow full and unimpeded access to humanitarian organizations and services. We call on Israel to refrain from the excessive use of force and undertake all possible efforts to ensure the protection of civilians.
We call on Chairman Arafat, as the recognized, elected leader of the Palestinian people, to undertake immediately the maximum possible effort to stop terror attacks against innocent Israelis. We call on the Palestinian Authority to act decisively and take all possible steps within its capacity to dismantle terrorist infrastructure, including terrorist financing, and to stop incitement to violence. We call on Chairman Arafat to use the full weight of his political authority to persuade the Palestinian people that any and all terrorist attacks against Israelis should end immediately, and to authorize his representatives to resume immediately security coordination with Israel.
Terrorism, including suicide bombs, is illegal and immoral, has inflicted grave harm to the legitimate aspirations of the Palestinian people and must be condemned as called for in UNSCR 1373.
We call on Israel and the Palestinian Authority to reach agreement on ceasefire proposals put forward by General Zinni without further delay. We commend the efforts of General Zinni to date to achieve this objective.
The Quartet stands ready to assist the parties in implementing their agreements, in particular the Tenet security workplan and the Mitchell recommendations, including through a third-party mechanism, as agreed to by the parties.
We affirm that the Tenet and Mitchell plans must be fully implemented, including an end to all settlement activity. We affirm that there must be immediate, parallel and accelerated movement towards near-term and tangible political progress, and that there must be a defined series of steps leading to permanent peace — involving recognition, normalization and security between the sides, an end to Israeli occupation, and an end to the conflict. This will allow Israel to enjoy enduring peace and security and the Palestinian people to realize their hopes and aspirations in security and dignity.
In support of these objectives, we call on the international community, particularly the Arab States, to preserve, strengthen and assist the Palestinian Authority, including through efforts to rebuild its infrastructure, security and governance capacity. We call also on the donor community and the international financial institutions to renew their commitment to provide urgent humanitarian assistance to the Palestinian people, and to assist in economic and institutional reconstruction. We pay tribute to the courageous efforts of the humanitarian agencies.
We agreed on the need to keep the situation in the Middle East under review by the Quartet at the principal’s level through regular consultations. Our Special Envoys will continue their efforts on the ground to assist the parties in reaching an end to confrontation and a resumption of political negotiations.
S/PRST/2002/10 Support for Counter-Terrorism Committee
Date: 15 April 2002 Meeting: 4513
The Security Council welcomes the briefing by the Chairman of the Committee established pursuant to resolution 1373 (28 September 2001) (the Counter-Terrorism Committee) on the work of the Committee, and other reflections by members of the Committee on its work so far.
The Security Council recalls the note by its President of 4 October 2001 (S/2001/935) which recorded that it would undertake a review of the structure and activities of the Committee no later than 4 April 2002. The Council welcomes and confirms the continuation of the current Chairmanship and Bureau arrangements for a further six months. It invites the Counter-Terrorism Committee to continue its work as set out in the Work Programme for the Committee’s third 90-day period (S/2002/318), including to explore ways in which States can be assisted to implement the resolution; to build a dialogue with international, regional and subregional organizations active in the areas covered by resolution 1373 (2001) in accordance with the principles of the Charter and relevant Security Council resolutions; and to identify issues on which concerted international action would further the implementation of the letter and spirit of the resolution.
The Security Council considers it essential that those Member States which have not yet submitted a report pursuant to paragraph 6 of resolution 1373 (2001) do so as soon as possible.
The Security Council invites the Counter-Terrorism Committee to report on its activities at regular intervals and expresses its intention to review the structure and activities of the Committee no later than 4 October 2002.
S/PRST/2002/11 Progress in Kosovo
Date: 24 April 2002 Meeting:4519
The Security Council welcomes the report of the Secretary-General (S/2002/436) and the briefing by the Special Representative of the Secretary-General, and supports all efforts by the United Nations Interim Administration in Kosovo (UNMIK) and the international security presence (KFOR) to implement fully resolution 1244 (1999) of 10 June 1999, which remains the basis for building Kosovo’s future.
The Security Council welcomes progress made in the formation of the executive bodies of the Provisional Institutions of Self-Government in Kosovo, Federal Republic of Yugoslavia to include representatives of all communities. It commends the efforts of the Special Representative and welcomes the priorities outlined in the Secretary-General’s report as well as his request to develop benchmarks to measure progress in Kosovo’s institutional development, consistent with resolution 1244 (1999) and the constitutional framework. The Council encourages the Provisional Institutions of Self-Government, in full cooperation with the Special Representative and in strict compliance with resolution 1244 (1999), to take on the tasks assigned to them by the constitutional framework.
The Security Council reaffirms the fundamental importance of the rule of law in the political development of Kosovo. It strongly condemns attacks against UNMIK police in Mitrovica on 8 April and calls on all communities fully to respect UNMIK authority throughout Kosovo in line with resolution 1244 (1999). It supports the continuing efforts of UNMIK and KFOR, together with the Kosovo Police Service, in combating all kinds of crime, violence and extremism. It supports all efforts to control borders and boundaries, thus fostering regional stability. The Council supports and encourages further efforts to facilitate return of all displaced persons from the Kosovo Serb and other communities. Interlocking progress in the areas of public security, political development and economic reform and reconstruction contributes to sustainable returns and requires maximum support from member states and regional organizations. The Council calls on the leaders of the Provisional Institutions of Self-Government actively to demonstrate their commitment and support efforts to promote security, returns, human rights, economic development, and a multiethnic and fair society with peaceful co-existence and freedom of movement for all the population of Kosovo.
The Security Council welcomes the decision of the Government of the Federal Republic of Yugoslavia to transfer Kosovo Albanian prisoners into the custody of UNMIK, and encourages further progress regarding the return of displaced persons to Kosovo and efforts to trace those still missing from all of Kosovo’s communities as well as the other issues identified in the Common Document for cooperation between UNMIK and the authorities of the Federal Republic of Yugoslavia signed on 5 November 2001. It considers that the further development of dialogue and cooperation between the Provisional Institutions of Self-Government, UNMIK and the Federal Republic of Yugoslavia authorities is vital to the full and effective implementation of resolution 1244 (1999).
The Security Council will remain actively seized of the matter.
S/PRST/2002/12 Children in armed conflict
Date: 7 May 2002 Meeting: 4528
The Security Council, recalling resolutions 1261 (1999), 1314 (2000) and 1379 (2001) on children and armed conflict, expresses its commitment to the protection of children affected by armed conflict as an essential component of its work to promote and maintain international peace and security.
The Security Council expresses its concern at the grave impact of armed conflict in all its various aspects on children and reiterates its strong condemnation of the continued targeting and use of children in armed conflicts, including their abduction, compulsory recruitment, mutilation, forced displacement, sexual exploitation and abuse, and calls on all parties to conflict to desist from such practices immediately.
The Security Council reaffirms its call for the inclusion of provisions for the protection of children, with particular attention to the special needs of girls, in peace negotiations and peace agreements; mandates and reports concerning peacekeeping operations; rehabilitation and peace-building programmes; training programmes for peacekeeping and humanitarian personnel; as well as the inclusion of child protection advisers in peacekeeping and peace-building operations, in accordance with previous resolutions and presidential statements adopted by the Security Council, in particular 1379 (2001).
The Security Council looks forward to a successful final document concerning the protection of children affected by armed conflict on the occasion of the General Assembly special session on children. The Security Council further reiterates its call to all parties to abide by their obligations, as well as concrete commitments made to the SRSG for Children and Armed Conflict, UNICEF and other relevant United Nations bodies, to ensure the protection of children in situations of armed conflict in all its various aspects.
The Security Council welcomes the entry into force of the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict and urges Member States to consider ratification and for States parties to fully implement these provisions.
The Security Council underscores the importance of unhindered humanitarian access for the benefit of children and, in this connection, calls on parties to conflict to make special arrangements to meet the protection and assistance requirements of children, including where appropriate the promotion of “Days of Immunization”.
The Security Council will remain actively seized of this matter.
S/PRST/2002/13 East Timor independence
Date: 20 May 2002 Meeting: 4537
The Security Council welcomes the attainment of independence by East Timor on 20 May 2002, which marks the culmination of a process of self-determination and transition that began in May 1999. The Council pays tribute to the people and leadership of East Timor for their efforts in achieving the goal of independence.
The Security Council affirms its commitment to the sovereignty, political independence, territorial integrity and national unity of East Timor within its internationally recognized boundaries.
The Security Council takes this opportunity to express its deep appreciation for the efforts of the Secretary-General and his Special Representative, and notes with satisfaction the role played by the United Nations in restoring peace to East Timor, and in building a solid foundation for a democratic, viable and stable East Timor. The Council commends the United Nations Transitional Administration in East Timor (UNTAET) for the important work that it has done to achieve these important goals.
The Security Council expresses its strong support for the leadership of East Timor as it assumes authority for governing the new, sovereign State of East Timor. The Council recognizes that the people and democratically elected Government of East Timor bear the ultimate responsibility for the establishment and maintenance of a viable State. It expresses its confidence that the people and leadership of East Timor will demonstrate the necessary political will and determination to fulfil their aspirations.
The Security Council appreciates the efforts made by the General Assembly and the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples towards East Timor’s achievement of independence. The Council expresses its appreciation to the Government of Indonesia and the Government of Portugal for their cooperation with the United Nations in concluding the 5 May 1999 Agreement which led to the establishment of the United Nations Mission in East Timor (UNAMET) to conduct the popular consultation. It also expresses its appreciation to Australia and all other countries that contributed troops to the International Force in East Timor (INTERFET) and the UNTAET, which helped restore stability following the post-referendum violence.
The Security Council welcomes the Government of East Timor’s commitment to develop close and strong relations with Indonesia, and the Government of Indonesia’s stated readiness to cooperate with East Timor towards building a peaceful, unified and sustainable society in East Timor. The Council stresses that good relations with neighbouring States will be essential to East Timor’s future stability and that of the region, which are inextricably linked.
The Security Council is concerned that challenges to the security and stability of East Timor remain after independence. It notes with concern that shortcomings exist in a number of critical public administration elements of East Timor in the post-independence period. The Council reaffirms that a strong international commitment will be required in East Timor to ensure continued stability and development of the country for some time after independence. The Council expresses its confidence that the United Nations Mission of Support in East Timor (UNMISET) established through resolution 1410 (2002) on 17 May 2002 will help consolidate and strengthen a stable environment in East Timor.
The Security Council reaffirms the importance of complementing the United Nations peacekeeping contribution with other United Nations funds, programmes and specialized agencies, international financial institutions, bilateral donors and non-governmental organizations to assist the people of East Timor to develop a sustainable social system and economy. It also reaffirms the continued need for effective and close coordination among these programmes and donors to ensure a smooth transition towards a normal development assistance framework. The Council appeals to Member States to respond positively to the urgent appeal of the Secretary-General to fill vacancies in the Civilian Support Group. It also urges Member States and other actors to respond positively to the appeals for assistance in the development of the East Timor defence force, police service and justice sector; and in supporting social and economic development and poverty reduction.
The Security Council looks forward to the day in the near future when East Timor will join us as a Member of the United Nations and to working closely with its representatives. The Council notes that the East Timor Government today submitted a letter to the Secretary-General requesting the admission of East Timor as a Member of the United Nations.
The Security Council will remain actively seized of the matter.
S/PRST/2002/14 Sierra Leone elections
Date: 22 May 2002 Meeting: 4539
The Security Council welcomes the elections held in Sierra Leone on 14 May 2002. It congratulates the people of Sierra Leone on the peaceful and orderly way in which the elections were held. It commends the National Electoral Commission and all those responsible for the successful management of the elections, and commends UNAMSIL for their invaluable supporting role. The Council notes that the various electoral observation groups were impressed by the Sierra Leonean people’s commitment to democracy and their determination to vote. The Council calls on all political parties and their supporters to work together to strengthen democracy and thereby assure continuing peace.
The Security Council considers the elections an important milestone on the road to peace and security in Sierra Leone and the Mano River region. The next challenge for Sierra Leone and the international community is the further consolidation of peace. There is much still to do, including the extension of public services to make real the restoration of government authority throughout the country, the further enhancement of the operational effectiveness of the security sector, and the effective reintegration of all ex-combatants. A sustained effort from the international community will be needed to achieve our shared objective of sustainable peace and security, which must be the basis for Sierra Leone’s economic regeneration and future development. The Council urges all donors to contribute generously towards these ends, including by providing urgently needed funds to the Special Court and the Truth and Reconciliation Commission.
The Security Council will continue to pay close attention to developments in Sierra Leone and the Mano River region. The Council requests the Secretary-General to monitor the situation there closely and to keep the Council informed of any significant developments.
S/PRST/2002/15 Admission of East Timor
Date: 23 May 2002 Meeting: 4542
The Security Council has decided to recommend to the General Assembly that the Democratic Republic of East Timor be admitted as a Member of the United Nations. On behalf of the members of the Security Council, I wish to extend my congratulations to the Democratic Republic of East Timor on this historic occasion.
The Council notes with great satisfaction the Democratic Republic of East Timor’s solemn commitment to uphold the purposes and principles of the Charter of the United Nations and to fulfil all the obligations contained therein.
We look forward to the day in the near future when the Democratic Republic of East Timor will join us as a Member of the United Nations and to working closely with its representatives.
S/PRST/2002/16 Territorial integrity of Kosovo
Date: 24 May 2002 Meeting:4543
The Security Council reaffirms its previous relevant resolutions and statements regarding Kosovo, Federal Republic of Yugoslavia, in particular the statements of its President of 7 March 2001 (S/PRST/2001/7) and 9 November 2001 (S/PRST/2001/34).
The Security Council deplores the adoption by the Assembly of Kosovo, in its session of 23 May 2002, of a “resolution on the protection of the territorial integrity of Kosovo”. It concurs with the Special Representative of the Secretary-General that such resolutions and decisions by the Assembly on matters which do not fall within its field of competence are null and void.
The Security Council calls on Kosovo’s elected leaders to focus their attention on the urgent matters for which they have responsibility, in accordance with resolution 1244 (1999) of 10 June 1999 and the Constitutional Framework. Concrete progress in those areas is of paramount importance to improve the life of the people.
The Security Council reiterates its full support for the Special Representative of the Secretary-General. It urges Kosovo’s leaders to work in close cooperation with the United Nations Interim Administration Mission in Kosovo (UNMIK) and the international security presence (KFOR) with a view to promoting a better future for Kosovo and stability in the region. All steps undermining those efforts are detrimental to this common objective.
S/PRST/2002/17 Killings in Kisangani, Democratic Republic of the Congo
Date: 24 May 2002 Meeting: 4544
The Security Council strongly condemns the killings, in particular of civilians, that recently took place in Kisangani. The Council calls for an immediate cessation of all violations of human rights and international humanitarian law. It reiterates its demand that the city be demilitarized in accordance with relevant resolutions, in particular resolution 1304 (2000) of 16 June 2000, and with the pledge made by Rassemblement Congolais pour la Démocratie-Goma to the last Security Council mission. The Council also calls on the parties to cooperate to the full reopening of the Congo River, including to commercial traffic.
The Security Council invites the Secretary-General to consider whether a temporary increase in the deployment in Kisangani of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), within the current authorized troop level, may contribute to easing tensions. The Council requests MONUC to continue to monitor reports of extrajudicial violence and report to the Council.
The Security Council draws the attention of the High Commissioner for Human Rights to the seriousness of the events that took place in Kisangani on 14 May 2002 and immediately thereafter.
The Security Council stresses the importance of MONUC assisting, within the current mandate, in the full demilitarization of Kisangani. In this respect, the Council welcomes the proposal by the Secretary-General in paragraph 50 of its tenth report of 15 February 2002 (S/2002/169), in accordance with resolution 1355 (2001) of 15 June 2001 and 1376 (2001) of 9 November 2001 to reinforce MONUC’s civilian police unit with 85 officers to assist in the training of the local police.
The Security Council expresses its intention to consider expeditiously any further recommendation that the Secretary-General may deem necessary.
S/PRST/2002/18 Extension of UNDisengagement Observer Force
Date: 30 May 2002 Meeting: 4546
In connection with the resolution just adopted on the renewal of the mandate of the United Nations Disengagement Observer Force, I have been authorized to make the following complementary statement on behalf of the Security Council:
“As is known, the report of the Secretary-General on the United Nations Disengagement Observer Force (S/2002/542) states in paragraph 11: ‘... the situation in the Middle East is very tense and is likely to remain so, unless and until a comprehensive settlement covering all aspects of the Middle East problem can be reached’. That statement of the Secretary-General reflects the view of the Security Council.”
S/PRST/2002/19 Intimidation, anti-UN statements in Democratic Republic of the Congo
Date: 5 June 2002 Meeting: 4548
The Security Council condemns in the strongest terms the acts of intimidation and unfounded public statements against the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), in particular attempts by the Rassemblement Congolais pour la Démocratie-Goma (RCD-Goma) to “ban” the Special Representative of the Secretary-General and the “expulsion” of several MONUC and other United Nations personnel from areas under its control. It reaffirms its full support for the Special Representative and for the dedicated staff of MONUC.
The Security Council stresses that these unjustifiable attacks are directly contrary to the process of peace and national reconciliation in the Democratic Republic of the Congo and to RCD-Goma’s interest.
The Security Council reiterates its condemnation of the killings and attacks against civilians and soldiers that followed the events that took place on 14 May and thereafter in Kisangani and looks forward to receiving the joint MONUC/UNOHCHR report and recommendations on the violence in Kisangani. The Council holds RCD-Goma, as de facto authority, responsible to bring to an end all extrajudicial executions, human rights violations and arbitrary harassment of civilians in Kisangani and all other areas under RCD-Goma’s control.
The Security Council demands that RCD-Goma immediately:
– cease its harassment of United Nations officials and assist with the deployment and operations of MONUC;
– fully cooperate with all investigations of violence in Kisangani and the surrounding areas;
– comply with all relevant resolutions of the Security Council, in particular by demilitarizing Kisangani.
The Security Council calls upon Rwanda to exert its influence to have RCD-Goma meet without delay all its obligations under the resolutions of the Council and this presidential statement.
The Security Council encourages the Government of the DRC, Mouvement pour la Libération du Congo (MLC) and RCD-Goma to hold new discussions as soon as possible and in good faith, taking into account the progress in the inter-Congolese dialogue achieved in Sun City, in order to reach an all-inclusive agreement on the political transition. In this respect, the Council supports the efforts of the newly appointed Special Envoy of the Secretary-General for the Inter-Congolese dialogue, Mr. Mustapha Niasse.
S/PRST/2002/20 Support for Quartet statement on Middle East
Date: 18 July 2002 Meeting: 4578
The Security Council supports the Joint Statement of the “Quartet”, annexed to this statement, which was issued in New York on 16 July 2002 by the Secretary-General, the Minister of Foreign Affairs of the Russian Federation, the Secretary of State of the United States, the Minister of Foreign Affairs of Denmark, the High Representative for the European Union Common Foreign and Security Policy and the European Commissioner for External Affairs. The Security Council appreciates also the involvement in discussions with the “Quartet” of senior representatives of Egypt, Jordan and Saudi Arabia.
The Security Council calls upon the Government of Israel, the Palestinian Authority and all States in the region to cooperate with the efforts to achieve the goals set out in the Joint Statement and stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East, based on all its relevant resolutions including its resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 1397 (2002) of 12 March 2002, the Madrid terms of reference and the principle of land for peace.
S/PRST/2002/21 Transfer of former Yugoslavia tribunal cases to national courts
Date: 23 July 2002 Meeting: 4582
The Security Council welcomes the report on the judicial status of the International Criminal Tribunal for the Former Yugoslavia and the prospects for referring certain cases to national courts (S/2002/678) submitted by the President of the Tribunal on 10 June 2002.
The Council recognizes, as it has done on other occasions (for example in its resolution 1329 (2000) of 30 November 2000), that the ICTY should concentrate its work on the prosecution and trial of the civilian, military and paramilitary leaders suspected of being responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991, rather than on minor actors.
The Security Council therefore endorses the report’s broad strategy for the transfer of cases involving intermediary and lower-level accused to competent national jurisdictions as likely to be in practice the best way of allowing the ICTY to achieve its current objective of completing all trial activities at first instance by 2008. The Council invites States and relevant international and regional organizations to contribute as appropriate to the strengthening of national judicial systems of the States of the former Yugoslavia in order to facilitate the implementation of this policy.
The Security Council takes note of the recommendations of the ICTY with regard to the creation, as proposed by the High Representative to Bosnia and Herzegovina, of a specific Chamber, within the State Court of Bosnia and Herzegovina, to deal with serious violations of international humanitarian law. The Security Council is ready to look constructively and positively at this matter when more details of the proposed arrangements are available. The Council also takes note of the intention of the ICTY to amend its Rules of Procedure and Evidence in order to facilitate the referral of cases to competent national jurisdictions.
The Security Council will remain seized of this matter.
S/PRST/2002/22 Perpetrators of Kisangani massacres
Date: 23 July 2002 Meeting: 4583
The Security Council recalls the seriousness of the events that took place in Kisangani on 14 May 2002 and immediately thereafter, and expresses its appreciation for the report and recommendations presented to the Council by the Office of the High Commissioner for Human Rights (OHCHR) (S/2002/764), building on the investigation conducted in association with the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) into the events to which the Council had drawn the attention of the High Commissioner for Human Rights (S/PRST/2002/17). It reiterates its strong condemnation of the killings and attacks against civilians, soldiers and police officers that took place on 14 May 2002 and thereafter in Kisangani. The Security Council stresses that the Rassemblement Congolais pour la Démocratie (RCD-GOMA) is responsible for the massacres that took place after regaining control over the city’s radio station on 14 May. The Security Council demands that RCD-GOMA take the necessary measures to bring the perpetrators and those among them who ordered or were involved in the massacre to justice. The Security Council stresses that Rwanda has a duty to use its strong influence to ensure that RCD-GOMA comply with this demand.
The Security Council stresses that RCD-GOMA will be held accountable for any extrajudicial executions, including among members of the civil society or detainees at the detention centres of RCD in Kisangani. It also stresses that Rwanda has a duty to use its strong influence to ensure that RCD-GOMA takes no such action. It requests MONUC to continue its investigations in cooperation with the OHCHR in order to gather further information concerning the massacres in Kisangani and to make recommendations on concrete measures to be taken to effectively end impunity. It recalls MONUC’s mandate to extend its protection, in accordance with its resolution 1417 (2002) of 6 June 2002, to civilians under imminent threat of physical violence, in the areas of deployment of its armed units and as it deems it within its capabilities.
The Security Council reiterates that the RCD-GOMA must demilitarize Kisangani without any further delay or condition and stresses this would prevent any future recurrence of these recent tragic events. RCD-GOMA must also cooperate with MONUC and OHCHR in their investigations to identify all the victims and perpetrators in Kisangani so that the latter will be brought to justice, and also to ensure an end to all violations of human rights and to impunity in all areas under its control.
The Security Council expresses its serious concern at the absence of accountability throughout the Democratic Republic of the Congo noted in the report of the OHCHR, and calls on all parties to take immediate steps to ensure an end to impunity and full respect for human rights.
The Security Council also expresses its deep concern at the strengthening of troops in eastern Democratic Republic of the Congo. It expresses particular concern at the situation in South Kivu, in particular in the Hauts Plateaux and around Minembwe, where fighting has increased between the Rwandan Patriotic Army and Banyamulenge, supported by other armed forces. It calls for the cessation of this fighting, which is having a severe humanitarian impact on the population in the area. It calls on the Government of Rwanda to cooperate with the teams from MONUC and OCHA which are to be sent to the area as soon as possible to establish the facts, including by providing the necessary security guarantees.
The Security Council also expresses its concern at the rising tensions in the Ituri region and calls on all parties to exert restraint. It also expresses concern at the military actions in Pweto. It requests the Political Committee of the Lusaka Ceasefire Agreement to address expeditiously the issue of Pweto, in accordance with the Kampala and Harare plans for disengagement and with the decisions taken by the Joint Military Commission (JMC), and in accordance with its resolution 1399 (2002) of 19 March 2002.
The Security Council welcomes efforts and good offices of the Republic of South Africa, in its capacity as chair of the African Union, and of the Secretary-General, to help the Democratic Republic of the Congo and Rwanda reach an agreement to tackle the problem of the armed groups and to take forward the withdrawal of Rwandan troops, in the context of the full withdrawal of all foreign troops from the territory of the Democratic Republic of the Congo, in accordance with the Lusaka Ceasefire Agreement and relevant Security Council resolutions. In this regard, it encourages the leaders of the two countries to continue working out ways to address their fundamental security concerns, and welcomes the discussions between representatives of the Democratic Republic of the Congo and Rwanda on the idea of a curtain of troops, as a mechanism for countries of the region to cooperate to ensure the security of their common borders. The Security Council requests MONUC and the JMC to assist the parties in the development of the curtain mechanism.
The Security Council reiterates the importance it attaches to an all-inclusive agreement on the political transition, taking into account the progress achieved in Sun City, and in this regard expresses its full support for the efforts of the Special Envoy of the Secretary-General and calls on all actors in the Democratic Republic of the Congo and in the region to cooperate fully with him. The Council welcomes the support of the African Union, in particular through the Special Representative of the Interim Chairman of its Commission, for this process.
The Security Council reaffirms the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo and all other States in the region.
The Security Council reiterates its full support for the Special Representative of the Secretary-General in the Democratic Republic of the Congo and for all MONUC personnel, and demands that RCD-GOMA fully cooperate with the Special Representative and MONUC in the implementation of their mandate.
The Security Council, noting the encouraging political developments both in terms of contacts among the Congolese parties and among regional States, calls on all the parties to recommit themselves to taking forward these political processes and to refrain from any military action that would undermine the progress for peace.
S/PRST/2002/23 Admission of Switzerland
Date: 24 July 2002 Meeting: 4585
The Security Council has decided to recommend to the General Assembly that the Swiss Confederation be admitted as a Member of the United Nations. On behalf of the members of the Security Council, I wish to extend my congratulations to the Swiss Confederation on this historic occasion.
The Council notes with great satisfaction the Swiss Confederation’s solemn commitment to uphold the purposes and principles of the Charter of the United Nations and to fulfil all the obligations contained therein.
We look forward to the day in the near future when the Swiss Confederation will join us as a Member of the United Nations and to working closely with its representatives.
S/PRST/2002/24 Support for Democratic Republic of the Congoagreement
Date: 15 August 2002 Meeting: 4602
The Security Council expresses its appreciation to the Foreign Ministers of South Africa and the Democratic Republic of the Congo, and to the Special Envoy of the President of Rwanda, who participated in its meeting on the Democratic Republic of the Congo on 8 August 2002.
The Security Council welcomes the Peace Agreement of 30 July 2002 between the Governments of the Republic of Rwanda and the Democratic Republic of the Congo and the Implementation Programme for the withdrawal of Rwandan Troops from the territory of the Democratic Republic of the Congo and the dismantling of the ex-FAR and Interahamwe Forces in the Democratic Republic of the Congo (S/2002/914). The Council commends the Governments of the Democratic Republic of the Congo and Rwanda for engaging in direct dialogue on their mutual security concerns and urges them to continue this dialogue.
The Security Council expresses its full support for the implementation of the Peace Agreement. In this regard, the Council looks forward to considering as soon as possible the recommendations of the Secretary-General on how the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), and through MONUC’s coordination all relevant United Nations agencies, can assist the parties in their responsibilities to implement the Peace Agreement.
The Security Council commends the Government of the Republic of South Africa for its facilitation of the Peace Agreement, and for its further role, together with the Secretary-General of the United Nations, regarding the Peace Agreement.
The Security Council stresses in particular the responsibilities of the two parties set out in the Peace Agreement and Implementation Plan and calls upon the international community to assist and expedite the carrying out of these responsibilities.
The Security Council reiterates its support for the mandate of MONUC, as established by its resolution 1417 (2002) of 14 June 2002, in particular in the area of voluntary disarmament, demobilization, repatriation, resettlement and reintegration (DDRRR).
The Security Council expresses the importance of close consultations and cooperation between the Governments of the Democratic Republic of the Congo, Rwanda and the Republic of South Africa, as well as MONUC, and through MONUC’s coordination, all relevant United Nations agencies, on measures that can help implement this Agreement and facilitate voluntary DDRRR.
The Security Council welcomes the commitments of both the Governments of the Democratic Republic of the Congo and Rwanda under the Peace Agreement to cooperate in the identification, disarmament and repatriation of ex-FAR and Interahamwe. The Council urges the parties to the Peace Agreement to make every effort to fully comply with all their obligations in conformity with Security Council resolution 1341 (2001) of 22 February 2001 and the programme of implementation of the Peace Agreement. The Council also welcomes the commitment of the Government of Rwanda, under the Peace Agreement, regarding the withdrawal of its troops from the territory of the Democratic Republic of the Congo and, in this regard, notes Rwanda’s submission of its initial troop withdrawal plan to the “Third Party”.
The Security Council will remain seized of these matters.
S/PRST/2002/25 Anniversary of 11 September attacks on United States
Date: 11 September 2002 Meeting: 4607
The Security Council meets today in remembrance and resolve. One year ago, infamous and horrifying acts of terrorism took almost 3,000 innocent lives. They included nationals of half the countries of the world. These attacks changed the way we see our world. Today, the Council honours those innocents killed and injured in the attacks of 11 September 2001. The Council expresses solidarity with their families.
New York is the home of the United Nations. The Security Council admires this city’s determination to forge ahead, to rebuild, not to give in to terrorism. The deaths and destruction of 11 September strengthen our common bonds and aspirations. The Council affirms that these attacks were an assault on global civilization and our common efforts to make the world a better and safer place. The world saw terrorists use civilian aircraft for mass murder. They struck at the ideals embodied in the Charter of the United Nations. The attacks challenged each member to rise to the task of defeating terrorism, which has claimed victims in all corners of the world.
Following 11 September 2001, both the General Assembly and the Security Council reacted in outrage and condemnation. They demanded that those responsible for these crimes be brought to justice. The Council described such acts, like any acts of international terrorism, as threats to international peace and security.
The international community has responded to the atrocities of 11 September with unyielding determination. A broad coalition of States has taken action against the Taliban, Al-Qaida, and their supporters. It did so in defence of common values and common security. Consistent with the high purposes of this institution and the provisions of the United Nations Charter, the coalition continues to pursue those responsible.
The international community as a whole provides vital support as Afghans rebuild their country. The Council applauds the efforts of so many from every continent and corner of the world. And, today, the Council also honours those who died in this common effort.
The Security Council gave substance to its determination to combat international terrorism with its historic resolution 1373 (2001). In it, we made the fight against terrorism a mandatory obligation of the international community, consistent with the United Nations Charter and international law. The Council’s Counter-Terrorism Committee promotes cooperation and works to achieve the effective implementation of resolution 1373 (2001). The Council has also established and oversees the worldwide sanctions regime against Al-Qaida and the Taliban.
The Security Council calls on all States and regional and subregional organizations to carry forward and build on their cooperation with the Counter-Terrorism Committee and the Committee established by resolution 1267 (1999) of the Security Council.
The threat is real, the challenge is enormous, and the fight against terrorism will be long. The Security Council will remain steadfast against the threat that endangers all that has been achieved, and all that remains to be achieved, to fulfil the principles and purposes of the United Nations for all people everywhere.
Now let us all remember and reflect with a minute of silence.
S/PRST/2002/26 Continuation of Counter-Terrorism Committee
Date: 8 October 2002 Meeting: 4619
The Security Council welcomes the briefing by the Chairman of the Committee established pursuant to resolution 1373 (28 September 2001) (the Counter-Terrorism Committee) on the work of the Committee in the year since its establishment, and other reflections by members of the Committee.
The Security Council recalls the statement of its President of 15 April 2002 (S/PRST/2002/10) which recorded its intention to review the structure and activities of the Committee no later than 4 October 2002. The Council confirms the continuation of the current arrangements for the Bureau of the Committee for a further six months. It invites the Counter-Terrorism Committee to pursue its agenda as set out in the work programme for the Committee’s fifth ninety-day period (S/2002/1075), focusing on ensuring that all States have legislation in place covering all aspects of resolution 1373, a process in hand for ratifying as soon as possible the twelve international conventions and protocols relating to terrorism, and effective executive machinery for preventing and suppressing terrorism financing; exploring ways in which States can be assisted to implement resolution 1373 (2001), in particular in the areas of primary focus; and building a dialogue with international, regional and subregional organizations active in the areas covered by the resolution. The Security Council invites these organizations to continue to find ways of improving their collective action against terrorism and, where appropriate, to work with donor States to establish suitable programmes.
The Security Council notes with satisfaction that 174 Member States and 5 others have submitted a report to the Counter-Terrorism Committee pursuant to paragraph 6 of resolution 1373 (2001). It calls on the 17 Member States which have not yet submitted a report to do so urgently.
The Security Council invites the Counter-Terrorism Committee to report on its activities at regular intervals and expresses its intention to review the structure and activities of the Committee no later than 4 April 2003.
S/PRST/2002/27 Call for halt to hostilities in Democratic Republic of the Congo
Date: 18 October 2002 Meeting: 4626
The Security Council welcomes the progress on withdrawal of foreign forces from the territory of the Democratic Republic of the Congo, stresses that these withdrawals must be completed, and calls for the implementation of all the agreements signed by the parties and all relevant resolutions of the Security Council. At the same time, the Council expresses its strong concerns at the rising tensions in the East of the country, in particular in Uvira and in the Ituri region.
The Security Council condemns the continuing violence in the east of the Democratic Republic of the Congo, in particular the attack on Uvira by Mai Mai and other forces, and views with great concern the build up of forces around Bukavu. The Council notes with concern that these actions add to the instability in the east of the Democratic Republic of the Congo and threaten regional stability, have severe humanitarian consequences, especially by increasing the numbers of internally displaced persons and refugees, and could threaten the border security of Burundi and Rwanda.
The Security Council calls on all parties to the conflict to cease hostilities immediately and without preconditions, welcomes the call by the Government of the Democratic Republic of the Congo in its communiqué of 14 October (S/2002/1143) for such a ceasefire and calls on the Government of the DRC and all governments in the region to exert their influence on all the parties to this effect and to refrain from any action which would further exacerbate the situation or undermine the peace process.
The Security Council invites the Secretary-General to report further on the events in the region of Uvira and stresses the importance for the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) to increase its monitoring presence in the east of the Democratic Republic of the Congo, in particular in the regions bordering Burundi and Rwanda, as soon as security conditions allow such a deployment. It encourages all local actors, including the parties to the conflict as well as civil society and the religious organizations, to engage in talks in order to end the hostilities and agree on a basis for peaceful coexistence in the region during the transitional period in the Democratic Republic of the Congo. In this regard, the Council encourages the Secretary-General to consider using his good offices to promote and facilitate such talks, with MONUC providing support where applicable.
The Security Council reminds all parties in Uvira and in the area that they must abide by international humanitarian standards and ensure respect for human rights in the sectors they control.
The Security Council expresses its deep concern over the intensification of ethnically targeted violence in the Ituri region. It condemns all such violence or incitement to violence. It requests all parties to take immediate actions to defuse these tensions, ensure the protection of civilians and end violations of human rights. The Council welcomes the efforts by the governments of Uganda and the Democratic Republic of the Congo to set up the Ituri Pacification Commission, as set out under the Luanda Agreement, and requests MONUC to provide support in this regard when applicable.
The Security Council stresses that no government, military force or any other organization or individual should provide military or other supplies or any other form of support to any of the groups involved in the fighting in the east of the Democratic Republic of the Congo and Burundi.
The Security Council also expresses its concern at the situation in Kisangani, and reiterates its demand that the city be demilitarized.
The Security Council urges all Congolese parties to accelerate efforts to reach agreement on an all-inclusive transitional government and expresses its support for the efforts of the Special Envoy of the Secretary-General in this regard.
The Security Council calls on all parties and armed groups involved in the conflict in the Democratic Republic of the Congo to commit themselves to achieving a peaceful settlement for the region, and condemns any attempt to use military action to influence the peace process.
The Security Council expresses its full support for the efforts of the Special Representative of the Secretary-General, MONUC and the Government of South Africa.
The Security Council calls on regional leaders to continue to support efforts to end the conflict in Burundi, and in this regard welcomes the recent visit of the Foreign Minister of the Democratic Republic of the Congo to Burundi and the adoption of a joint communiqué by the two governments (S/2002/1142). The Council calls on the two governments rapidly to conclude an agreement on the normalization of relations and cooperation in security matters.
S/PRST/2002/28 Cooperation between Chad, Central African Republic
Date: 18 October 2002 Meeting: 4627
The Security Council welcomes the holding of the Summit of the Central African Economic and Monetary Community in Libreville on 2 October 2002 to consider the situation between the Central African Republic and the Republic of Chad. It commends the leading role played by the President of the Gabonese Republic, El Hadj Omar Bongo, in organizing this meeting. It welcomes the undertaking by the Central African Republic and the Republic of Chad to relaunch cooperation at various levels. It strongly supports the intention of the President of the Republic of Chad to visit Bangui in the very near future. It encourages further confidence-building measures to help normalize the relations between the two countries.
The Security Council further also welcomes the readiness expressed by the African Union to continue to contribute towards ongoing efforts to normalizing the relations between CAR and Chad and to promote peace and stability in the Central African Region as stipulated in the Communique of the Eighty-Fifth Ordinary Session of the Central Organ of the Mechanism for Conflict Prevention, Management and Resolution issued on 11 October 2002, in Addis Ababa, Ethiopia.
The Security Council further welcomes the final communiqué of this meeting (S/2002/1113). In particular, it expresses its full support for the decision to deploy in the Central African Republic an International Observation Force (FIO) of 300 to 350 troops from Gabon, Cameroon, the Republic of the Congo, Equatorial Guinea and Mali with three main tasks: ensuring the safety of the President of the Central African Republic; observing and ensuring security on the border between Chad and the Central African Republic; and participating in the restructuring of the Central African Republic armed forces.
The Security Council expresses once again its strong support for the Representative of the Secretary-General in the Central African Republic, General Lamine Cisse, whose efforts have been essential in this initiative. It encourages him to continue to provide advice to the Governments taking part in this initiative.
The Security Council calls upon Member States participating in the FIO to work in close consultation with the Representative of the Secretary-General and the United Nations Peace Building Support Office in the Central African Republic (BONUCA). It requests the Secretary-General, through his Representative, to establish appropriate liaison with the FIO.
The Security Council encourages all Member States to provide financial, logistical and material support to the Member States participating in the FIO.
The Security Council invites the leadership of the FIO to provide periodic reports, at least every three months.
S/PRST/2002/29 Voter participation in Kosovo municipal elections
Date: 24 October 2002 Meeting: 4633
The Security Council reaffirms its continued commitment to the full and effective implementation of Council resolution 1244 (1999) in Kosovo, Federal Republic of Yugoslavia, commends the Special Representative of the Secretary-General and the Commander of the international security presence (KFOR) for the ongoing efforts to this end and calls upon the Provisional Institutions of Self-Government, local leaders and all others concerned to cooperate fully with them.
The Security Council welcomes the progress made in preparing the municipal elections on 26 October 2002, calls upon all eligible voters, including those from minority communities, to seize the chance to have their interests properly represented by taking part in the elections. The Council expresses its firm belief that wide participation in the voting is essential to provide the best opportunity for future progress towards the building of a multi-ethnic and tolerant society.
S/PRST/2002/30 Limitation on illicit small arms trade
Date: 31 October 2002 Meeting: 4639
The Security Council reaffirms the Statement of its President of 24 September 1999 (S/PRST/1999/28) and its resolution 1209 (1998) of 19 November 1998, the statement of its President of 31 August 2001 (S/PRST/2001/21), takes note with appreciation of the Report of the Secretary-General entitled Small Arms (S/2002/1053) of 20 September 2002, and welcomes all initiatives taken by Member States following the adoption of the Programme of Action by the July 2001 United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All its Aspects. The Council expresses grave concern at the harmful impact of small arms and light weapons on civilians in situations of armed conflict, particularly on vulnerable groups such as women and children, and recalls in this regard its resolutions 1296 (2000) of 19 April 2000, 1314 (2000) of 11 August 2000, 1379 (2001) of 20 November 2001, and the statement of its President of 7 May 2002 (S/PRST/2002/12).
The Security Council encourages all Member States to continue to take all measures to fully implement at the national, regional and international levels the recommendations contained in the Programme of Action. The Council recognizes its responsibility to examine ways and means in which it can further contribute to dealing with the question of illicit trade in small arms and light weapons in situations under its consideration.
The Security Council reaffirms the inherent right of individual or collective self-defence in accordance with Article 51 of the Charter of the United Nations and, subject to the Charter, the right of each State to import, produce and retain small arms and light weapons for its self-defence and security needs. Bearing in mind the considerable volume of licit trade in small arms and light weapons, the Council encourages States to adopt legislative and other measures to ensure effective control over the export, import, transit, stocking and storage of small arms and light weapons. The Council urges Member States to consistently and responsibly use end-user certificates in their transfers of small arms and light weapons and calls on States to establish an effective national end-user certificate system and to study the feasibility as appropriate of developing an end-user certificate system at the regional and global levels, as well as an information exchange and verification mechanism.
Arms-exporting countries are encouraged to exercise the highest degree of responsibility in small arms and light weapons transactions. All States have the responsibility of preventing the illegal diversion and re-export of small arms and light weapons. The Security Council welcomes the establishment of the United Nations Group of Governmental Experts with a mandate to examine the feasibility of developing an international instrument to enable States to identify and trace in a timely and reliable manner illicit small arms and light weapons. The Security Council encourages international cooperation in the consideration of the origin and transfers of small arms and light weapons.
The Security Council stresses the importance of further steps to enhance international cooperation in preventing, combating and eradicating illicit brokering in small arms and light weapons, and calls upon States that have not already done so to establish, where applicable, a national register of arms brokers and, in the case of supply of arms to embargoed destinations, of intermediary firms, including transport agents. The Council urges States to impose appropriate penalties for all illicit brokering activities, as well as arms transfers that violate Security Council embargoes, and to take appropriate enforcement action.
The Security Council stresses the need for cooperation and sharing of information among the Member States, among the different Sanctions Committees, and among the panels of experts and the monitoring mechanism on arms traffickers that have violated arms embargoes established by the Council. The Security Council welcomes the identification in cooperation with the States concerned of those arms traffickers who have violated the arms embargoes. The Security Council calls upon Member States to impose appropriate penalties on those arms traffickers who have violated its arms embargoes. In this connection, the Council calls on Member States to provide technical and financial support to Interpol’s International Weapons and Explosives Tracking System (IWETS).
The Security Council recognizes the important role that the United Nations Coordinating Action on Small Arms (CASA) mechanism can play in assisting Member States with the implementation of the Programme of Action. In this regard, the Council notes the proposal of the Secretariat to create a Small Arms Advisory Service.
The Security Council recognizes the important role of arms embargoes as targeted measures and their contribution to an overall strategy for preventive diplomacy particularly with respect to illicit trade in small arms and light weapons. In this regard, the Council underlines the importance of pursuing more vigorously and expeditiously the application of arms embargoes in countries or regions threatened by, engaged in or emerging from armed conflict and to promote their effective implementation. The Council shall also consider taking measures to restrict the supply of ammunition to such regions.
The Security Council recognizes that the primary responsibility for the implementation of sanctions measures rests with States. At the same time, the Council underlines the importance of establishing on a case-by-case basis specific monitoring mechanisms or similar arrangements as appropriate to oversee the strict implementation of arms embargoes decided by the Council. The Council may wish to study ways to strengthen such mechanisms with a view towards better coordinating their work. The Security Council should consider innovative strategies to address the close interrelationship between the illicit trade in small arms and light weapons and, among others, drug trafficking, terrorism, organized crime and the illicit exploitation of natural and other resources. In this regard the Council calls on Member States to make available all relevant information concerning such activities.
The Security Council reiterates its call for the effective implementation of arms embargoes imposed by the Council in its relevant resolutions, and encourages Member States to provide the Sanctions Committees with available information on alleged violations of arms embargoes. The Security Council also calls on Member States to give due consideration to the recommendations of the report of the Monitoring Group established pursuant to resolution 1390 (2002) (S/2002/1050 and Corr.1); the Report of the Monitoring Mechanism on Angola Sanctions (S/2000/1225 and Corr.1 and 2); the Report of the Panel of Experts on Sierra Leone Diamonds and Arms (S/2000/1195); and the Report of the Panel of Experts on Liberia (S/2001/1015 and S/2002/470).
The Council also stresses the need to engage the relevant international organizations, non-governmental organizations, business and financial institutions and other actors at the international, regional and local levels to contribute to the implementation of arms embargoes.
Arms embargoes help to reduce arms flows to the targeted regions and groups but do not address weapons already existing in conflict areas. The Security Council therefore reiterates the importance of carrying out Disarmament, Demobilization and Reintegration Programmes as comprehensively and effectively as possible in post-conflict situations under its consideration.
The Security Council requests the Secretary-General to report, no later than December 2003, on the implementation of all the recommendations contained in his report.
S/PRST/2002/31 Stronger partnership between UN, Central African States
Date: 31 October 2002 Meeting: 4640
The Security Council recalls all the statements by its President concerning the situation in Africa and the action taken by the United Nations, in particular the Security Council, in the field of preventive diplomacy, peacemaking, peacekeeping and peace-building.
The Security Council emphasizes the importance of the report of the Secretary-General on the causes of conflict and the promotion of durable peace and sustainable development in Africa (S/1998/318).
The Security Council recognizes that despite its enormous potential which could make it one of the poles of development of the continent, Central Africa has yet to achieve the stability that would enable it to utilize its resources to the maximum benefit of its population in an equitable manner.
The Security Council notes that five of the twelve peacekeeping and peace-building missions under way on the continent are established in Central Africa. The Council also notes that of the sixteen Special Representatives and Special Envoys of the Secretary-General in Africa, six are in Central Africa. In this regard, it notes the work being done by the ad hoc Working Group on conflict prevention and resolution in Africa to improve the effectiveness of the Office of the Special Representative of the Secretary-General in Africa.
The Security Council observes that the inadequacy of institutional and human capacities, particularly those directed towards the integration process, has hindered the social, economic and political integration in Central Africa.
The Security Council takes note with satisfaction of the efforts made by the Central African States, both on their own initiative and with the support of the international community, to focus on the difficulties afflicting this key region of Africa. It also commends the progress made by certain Central African countries with regard to the promotion of democracy, the protection of human rights and sustainable development and encourages further efforts in this regard throughout the region.
The Security Council welcomes the increasing awareness of these difficulties among the Central African States which, at the ninth session of the Summit of Heads of State and Government, held at Malabo, Equatorial Guinea, on 24 June 1999, permitted a revival of the activities of the Economic Community of Central African States (ECCAS), and in particular the incorporation of a collective security component. In that connection, the Heads of State and Government set three principal priorities:
To develop sufficient capacities to ensure peace, security and stability in the region, as a prerequisite for economic development;
To promote the social, economic and monetary integration of Central Africa;
To develop within the subregion a genuine culture of integration.
The Security Council also welcomes subregional efforts to promote conflict prevention, management and resolution in Central Africa. In that connection, the Council recognizes the steps taken by Central African countries to settle conflicts by peaceful means including through the conclusion, with the strong support of the United Nations Standing Advisory Committee on Security Questions in Central Africa, of a Protocol establishing, on 24 June 2000 (A/RES/55/34 B), the Council for Peace and Security in Central Africa (COPAX), comprising a Mutual Assistance Pact and a Non-Aggression Pact. In this regard, it encourages its speedy ratification and implementation by all the countries concerned and urges United Nations Member States in a position to do so, to support the operationalization of its main structures, inter alia, the Central African Early Warning System, the Defence and Security Commission the Central African Multinational Force, with the full support of the United Nations system.
The Security Council also recognizes the important role that regional and subregional organizations can play in preventing the illicit traffic of small arms and light weapons and the flow of such arms to conflicts, and underscores the importance of regional agreements and cooperation as well as strengthening subregional technical capacities to prevent such flows.
The Security Council notes with satisfaction that as a result of all these efforts the subregion is gradually emerging from the conflicts that affect it, which offers an opportunity to build peace to be seized by all parties, with a requirement for the mobilization of significant resources to support demobilization, disarmament and reintegration programmes.
The Security Council affirms the need to promote and strengthen the partnership between the United Nations system and Central African States in relation to the maintenance of peace and security, and, in that connection, it emphasizes that capacities in the subregion, inter alia, in the area of conflict prevention and the maintenance of peace and security, as well as economic integration, should be strengthened. It also calls on the Central African States with the support of the United Nations system to improve the effectiveness, coordination and cohesion of the subregional organizations.
The Security Council also reaffirms the importance of disarmament, demobilization and reintegration programmes in the process of conflict resolution in Central Africa. In that connection, it urges the Central African States to initiate such programmes where they are needed, inter alia, through the implementation of quick impact projects and calls on the International Community to support them. The Security Council expresses its appreciation of the renewed commitment of the World Bank and the United Nations Development Programme (UNDP) to assist post-conflict operations in Central Africa in the short, medium and long term and encourages the organizations to closely coordinate their efforts with the Secretary-General and his Representatives in the field to ensure more efficiency and complementarity.
The Security Council recommends the inclusion, where appropriate, of support for disarmament, demobilization and reintegration in the mandates of peacekeeping and peace-building operations. It recognizes the interlinkage between peacekeeping and peace-building activities, and will continue to take into account the need for coordination and smooth transition from one phase to the other during its consideration of peace operations.
The Security Council emphasizes the urgency of reaching an appropriate solution to the problem of refugees and internally displaced persons in Central Africa.
The Security Council emphasizes the importance of a comprehensive, integrated, resolute and concerted approach to the issues of peace, security and development in Central Africa. In that connection, it invites the Secretary-General to brief the Security Council, within six months, on ways to implement such an approach for Central Africa, including through the dispatch to the region of an inter-agency evaluation mission.
S/PRST/2002/32 Role of women in peacekeeping, post-conflict situations
Date: 31 October 2002 Meeting: 4641
The Security Council reaffirms its commitment to the continuing and full implementation of resolution 1325 (2000), and welcomes the increasing focus over the last two years on the situation of women and girls in armed conflict, and recalls the Statement by its President of 31 October 2001 (S/PRST/2001/31) and the meetings held on 25 July 2002 and 28 October 2002 as expressions of that commitment.
The Security Council welcomes the Report of the Secretary-General on women, peace and security (S/2002/1154) and expresses its intention to study the recommendations contained therein. The Council also welcomes the efforts of the United Nations system, Member States, civil society and other relevant actors, to promote equal participation of women in peace and security.
The Security Council remains concerned about the slow progress in the appointment of women as special representatives and envoys of the Secretary-General, and urges the Secretary-General to increase the number of women serving as high-level representatives to achieve the overall goal of gender balance. The Council also urges Member States to continue to provide candidates to the Secretary-General for inclusion in a database.
The Security Council, reaffirming the importance of gender mainstreaming in peacekeeping operations and post-conflict reconstruction, undertakes to integrate gender perspectives into the mandates of all peacekeeping missions, and reiterates its request to the Secretary-General to ensure that all reports submitted to the Security Council in accordance with such mandates systematically address gender perspectives. The Council also requests the Secretary-General to provide systematic training of all staff in peacekeeping operations on gender perspectives, and to integrate gender perspectives into all standard operating procedures, manuals and other guidance materials for peacekeeping operations.
The Security Council considers that the appointment of gender advisers at sufficiently senior levels at Headquarters is necessary. The Council notes that some progress has been made in gender mainstreaming at mission level, specifically through the establishment of gender units and gender advisers, but that more remains to be done in order to ensure that gender mainstreaming in peacekeeping operations and post-conflict reconstruction is thorough and effective, and applied systematically.
The Security Council undertakes to integrate gender perspectives into the terms of reference of its visits and Missions to countries and regions in conflict. To that end, the Council requests the Secretary-General to establish a database of gender specialists as well as women’s groups and networks in countries and regions in conflict, and to include gender specialists in the teams where relevant.
The Security Council recognizes the vital role of women in promoting peace, particularly in preserving social order and educating for peace. The Council encourages its Member States and the Secretary-General to establish regular contacts with local women’s group and networks in order to utilize their knowledge of both the impact of armed conflict on women and girls, including as victims and ex-combatants, and of peacekeeping operations, to ensure that those groups are actively involved in reconstruction processes, particularly at decision-making levels.
The Security Council, recalling its resolutions 1265 (1999), 1296 (2000), 1324 (2000) and 1379 (2001), encourages Member States, the entities of the United Nations system, civil society and other relevant actors, to develop clear strategies and action plans with goals and timetables, on the integration of gender perspectives in humanitarian operations, rehabilitation and reconstruction programmes, including monitoring mechanisms, and also to develop targeted activities, focused on the specific constraints facing women and girls in post-conflict situations, such as their lack of land and property rights and access to and control over economic resources.
The Security Council deplores the continuing occurrence of sexual exploitation, including trafficking, of women and girls in the context of peacekeeping operations and humanitarian activities, and calls for the further development and full implementation of codes of conduct and of disciplinary procedures to prevent such exploitation. The Council encourages all actors, in particular troop-contributing countries, to enhance monitoring mechanisms, and to investigate and prosecute effectively cases of alleged misconduct.
The Security Council condemns all violations of the human rights of women and girls in situations of armed conflict, and the use of sexual violence, including as a strategic and tactical weapon of war, which, inter alia, places women and girls at increased risk of contracting sexually-transmitted infections and HIV/AIDS.
The Security Council decides to remain actively seized of this matter and requests the Secretary-General to prepare a follow-up report on the full implementation of resolution 1325 to be presented to the Security Council in October 2004.
S/PRST/2002/33 Conclusion of Bosnia and Herzegovina mission
Date: 12 December 2002 Meeting: 4661
The Security Council welcomes the briefing by the Special Representative of the Secretary-General and Coordinator of the United Nations Operations in Bosnia and Herzegovina.
The Security Council reaffirms its commitment to support the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the annexes thereto (collectively the Peace Agreement, S/1995/999, annex), as well as the relevant decisions of the Peace Implementation Council (PIC).
The Security Council takes this opportunity to express its deep appreciation for the efforts of the Secretary-General, his Special Representative Mr. Jacques Paul Klein and the personnel of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), which includes the International Police Task Force, for their contributions to the implementation of the Peace Agreement. The Council highly appreciates the achievements of cooperative efforts in bringing about the successful conclusion of UNMIBH’s mandate, which will expire on 31 December 2002, and expresses its thanks to all of the countries which took part in and contributed to the accomplishments of this Mission.
The Security Council welcomes the decision of the European Union (EU) to send a Police Mission (EUPM) to Bosnia and Herzegovina from 1 January 2003, as part of a broader rule of law approach, as well as the close coordination between all those concerned to ensure a seamless transition of responsibilities from IPTF to the EUPM, with the participation of the interested States non-members of the EU.
The Security Council reiterates that the primary responsibility for the further successful implementation of the Peace Agreement lies with the authorities in Bosnia and Herzegovina themselves and that the continued willingness of the international community and major donors to assume the political, military and economic burden of implementation and reconstruction efforts will be determined by the compliance and active participation by all the authorities in Bosnia and Herzegovina in implementing the Peace Agreement and all reforms needed to rebuild a civil society.
The Security Council reaffirms its commitment to the principles of the sovereignty and territorial integrity and inviolability of the borders of Bosnia and Herzegovina. The Council encourages continued commitment by Bosnia and Herzegovina to the promotion of peace and stability in the region, including through enhanced political and economical cooperation.
The Security Council expresses its intention to keep the implementation of the Peace Agreement, and the situation in Bosnia and Herzegovina under review. The Council invites the EU to keep it regularly informed as appropriate on the activities of EUPM.
S/PRST/2002/34 Agreement between Croatia, Yugoslavia on Prevlaka Peninsula
Date: 12 December 2002 Meeting: 4662
The Security Council welcomes the protocol signed by the Government of Croatia and the Government of the Federal Republic of Yugoslavia on 10 December 2002, establishing a provisional cross-border regime on the Prevlaka peninsula, as referred to in the letter from their representatives dated 10 December 2002 (S/2002/1348). The protocol represents a further step forward in the process of strengthening of confidence and good neighbourly relations between both countries. The Council welcomes the commitment of both governments to continue negotiations on Prevlaka with a view to amicably resolving all outstanding issues, and commends their diplomatic efforts to bolster peace and stability in the region.
The Council commends the important role, played by the United Nations Mission of Observers in Prevlaka (UNMOP) in helping to create conditions conducive to a negotiated settlement of the dispute. The Council takes this opportunity to express its appreciation for the efforts of all UNMOP personnel, past and present, and its gratitude to those countries that contributed personnel or other resources in the successful completion of its mandate.
S/PRST/2002/35 Cessation of hostilities in Somalia
Date: 12 December 2002 Meeting: 4663
The Security Council, recalling its previous decisions concerning the situation in Somalia, in particular the statement of its President of 28 March 2002 (S/PRST/2002/8), resolution 733 (1992) of 23 January 1992 and resolution 1425 (2002) of 22 July 2002, and taking note of the report of the Secretary-General of 25 October 2002 (S/2002/1201), reaffirms its commitment to a comprehensive and lasting settlement of the situation in Somalia and reaffirms its respect for the sovereignty, territorial integrity, political independence and unity of the country, consistent with the purposes and principles of the Charter of the United Nations.
The Security Council firmly supports the unified approach of the Intergovernmental Authority on Development (IGAD) to national reconciliation in Somalia, and reiterates its strong support for the Somalia National Reconciliation Process and the ongoing Somalia National Reconciliation Conference in Eldoret, Kenya, as sponsored by IGAD. The Council urges all parties throughout Somalia to participate in the process in accordance with the framework established by IGAD, and expects the decisions adopted throughout the process to be abided by and implemented expeditiously, including the Declaration on Cessation of Hostilities and the Structures and Principles of the Somalia National Reconciliation Process, signed by all delegates in Eldoret on 27 October 2002 (hereinafter referred to as the “Eldoret Declaration”).
The Security Council welcomes the Eldoret Declaration as an important step towards the overriding objective of ending the violence and the suffering of the Somali people and bringing them the peace they so dearly deserve. The Council calls on all parties to cease all acts of violence and to respect the cessation of hostilities.
The Security Council further welcomes the Joint Declaration issued by the involved parties in Mogadishu on 2 December 2002 (hereinafter referred to as the “Mogadishu Declaration”), including their stated commitment to cease all hostilities and jointly bring an end to all killings and abductions of innocent people and hijacking of public transportation in the city, as well as to solve all differences through dialogue and goodwill. The Council notes the further agreement reached on 4 December 2002 by involved parties to cooperate through peaceful means in order, inter alia, to reopen the International Airport and Seaport in Mogadishu and to restore public services in the city.
The Security Council notes with satisfaction the commencement of the second phase of the Somalia National Reconciliation Process in Eldoret on 2 December 2002 and welcomes this as a significant step forward. The Council will continue to follow this process with keen interest and strongly encourages all parties to continue to participate constructively, in accordance with the framework established by the IGAD Technical Committee, in a spirit of tolerance and mutual accommodation during each phase of the Process.
The Security Council commends the Government of Kenya for its special commitment as host and IGAD’s Technical Committee, comprised of the three frontline states, Kenya, Ethiopia and Djibouti, for its crucial role in facilitating the process. The Council strongly encourages their continued active and positive role in promoting the process.
The Security Council encourages Member States in a position to do so urgently to provide further contributions in support of the process through the IGAD Technical Committee.
The Security Council, condemning recent attacks on humanitarian personnel and civilians in Somalia, welcomes the agreement by all delegates in Eldoret to guarantee the security of all humanitarian and development personnel and installations, and urges them to take practical steps to grant safe and unfettered access to humanitarian personnel in their efforts to deliver assistance throughout Somalia.
The Security Council expresses serious concern regarding the situation of displaced persons in Somalia and urges relevant authorities and Member States to provide support for the return and reintegration of Somali refugees and the provision of urgent humanitarian assistance to, and protection for, those who have been internally displaced. It notes with particular concern the situation of 150,000 internally displaced persons in areas of Mogadishu that remain inaccessible to humanitarian workers. The Council calls on the armed factions to provide immediate safe access to these and other vulnerable populations throughout the country, consistent with the Eldoret Declaration and the Mogadishu Declaration.
The Security Council calls again on all Member States, entities and individuals to respect fully the arms embargo established by resolution 733 (1992), as strengthened by resolution 1425 (2002), and urges all Somali and regional parties as well as government officials and other actors contacted outside the region to cooperate fully with the Panel of Experts in its quest for information related to the embargo, in accordance with resolution 1425 (2002) and article 2.5 of the Eldoret Declaration. The Council appreciates the Panel’s oral briefing on 14 November 2002 to the Council, through the Security Council Committee established pursuant to resolution 751 (1992) concerning Somalia, and looks forward to the Panel’s written report at the end of its mandated period.
The Security Council requests the Secretary-General to continue putting in place, in a coherent manner, preparatory activities on the ground for a comprehensive post-conflict peace-building mission in Somalia once security conditions permit, as stipulated in the statement by the President of the Council of 28 March 2002.
The Security Council recognizes that a comprehensive post-conflict programme for disarmament, demobilization, rehabilitation and reintegration will be an important contribution for peace and stability in Somalia.
The Security Council encourages the Secretary-General to support actively the IGAD-sponsored Somalia National Reconciliation Process and the ongoing Conference in Eldoret.
The Security Council expresses its commitment to assist the parties in the implementation of the steps and conclusions for peace, as adopted throughout the Somalia National Reconciliation Process.
S/PRST/2002/36 Lack of compliance with arms embargo in Liberia
Date: 13 December 2002 Meeting: 4665
The international community and the United Nations Security Council have made joint and consistent efforts to promote peace and security in Western Africa, particularly in the Mano River Union region. Such efforts have represented a major investment of resources and capabilities. The peace process in Sierra Leone is the tangible result of those efforts. The Council will maintain its efforts and continue to promote understanding and peace in the region in order to guarantee that the peace process in Sierra Leone, which remains fragile, takes root and benefits the people of Sierra Leone and the entire Mano River region.
On the other hand, the Security Council is deeply concerned about the situation in Liberia and the threat it constitutes to international peace and security in the region as a result of the activities of the Government of Liberia and the continuing internal conflict in that country, including the armed attacks by the “Liberians United for Reconciliation and Democracy” (LURD). The internal conflict and significant violence in Liberia are producing widespread refugee flows and displacement of people in Liberia, exacerbating the humanitarian situation and fuelling the movement of irregular combatants and the flow of weapons throughout the region. The Council condemns the failure of the Government to comply with the Council’s demands in resolution 1343 (2001) of 7 March 2001, and the failure of the Government, other States, and others, including the LURD, to respect the measures imposed in that resolution, including the continuing import of weapons in breach of the arms embargo. All of these developments threaten the peace process in Sierra Leone, the stability of the entire West African region, and, most tragically, are causing great humanitarian suffering for the Liberian people themselves.
To address the situation in Liberia and the threat it poses to international peace and security in the region, the Security Council and the international community should cooperate on a comprehensive strategy that mobilizes international efforts to reach a ceasefire, resolve the internal conflict and establish an inclusive peace process; promotes peace and national reconciliation in Liberia and the development of a stable and democratic political process; addresses humanitarian issues; combats the illicit flow of weapons into the country; and guarantees human rights. The Council is committed to support the efforts of regional and other international actors to carry out such a strategy.
Such a strategy must be based on two fundamental principles. First, it must have the input of key regional actors and be part of a comprehensive approach to building an integrated system of regional peace and security. Second, peace and security in the Mano River Union region requires the President of Liberia to engage constructively with the international community in working to achieve national reconciliation and political reform in Liberia.
With these principles in mind, the Security Council’s work on a coordinated strategy with the international community will promote the following objectives:
In terms of the regional perspective, the Security Council will maintain its support for the Rabat Process, under the sponsorship of the King of Morocco, and strongly encourage Guinea, Sierra Leone and Liberia to follow up on their commitments to undertake confidence-building measures and the establishment of security measures along their shared borders. In this connection, the Council considers that the initiative taken by the Presidents of the three countries to hold a direct dialogue in order to give impetus to the Rabat Process is a most desirable development. The Council urges the President of Liberia to actively participate in those meetings.
The Security Council expresses its strong support for the Economic Community of West African States (ECOWAS) moratorium on small arms and light weapons in the region. The Council encourages the ECOWAS countries to implement these commitments fully and to strengthen the implementation mechanisms in order to stop the illegal trade of arms, in particular the flow of small arms and light weapons into Liberia.
The Security Council commends the efforts made by ECOWAS, and that of the newly established International Contact Group on Liberia, to promote peace and stability in Liberia and in the Mano River region. The Council considers that the active involvement of these mechanisms is critical for national reconciliation and political reform.
In this regard, the Security Council encourages the African Union and ECOWAS member States actively to promote the full implementation of existing security arrangements as well as further initiatives designed to support such arrangements among the countries of the Mano River Union.
The Security Council reiterates its demands to the Government of Liberia to comply with resolutions 1343 (2001) and 1408 (2002) and to all parties to respect the measures which those resolutions imposed and extended. The demands referred to in those resolutions must be met for these measures to be terminated in accordance with those resolutions. The Council takes note of the positions of the African Union and ECOWAS on the sanctions regime in Liberia. The Council will keep sanctions under review to ensure they are consistent with this statement and resolutions 1343 (2001) and 1408 (2002) and will continue to monitor whether sanctions are having any humanitarian impact on the population of Liberia.
The Security Council urges all States in the region to honour their commitments to prevent armed individuals from using their national territory to prepare and launch attacks on neighbouring countries. The Council reminds again all States of their obligations to comply with the embargo on the sale or supply of arms and related materiel to Liberia imposed by resolution 1343 (2001). The Council underlines that the embargo applies to all sales or supplies to any recipient in Liberia, including all non-State actors such as the LURD.
In terms of a constructive engagement in Liberia, in particular by the President of Liberia on achieving the objectives of ending the violence and promoting national reconciliation, the Security Council is committed to promote:
An expanded role for the United Nations Peace-building Support Office in Liberia (UNOL), along with the more active participation of the recently created United Nations Office for West Africa. In this regard, the Council welcomes the appointment of the new Special Representative of the Secretary-General in Liberia and urges the Government of Liberia to cooperate fully with the activities of UNOL. The Council would like UNOL to carry out, inter alia, the following tasks:
– Offering assistance to the Liberian authorities and to the public for strengthening democratic institutions and the rule of law, including the promotion of an independent press and an enabling environment for political parties to operate freely in Liberia;
– Contributing to and monitoring the preparation of free and fair elections in 2003, especially through the promotion of an independent electoral commission;
– Enhancing and monitoring respect for human rights in Liberia, including through constructive dialogue with the Government of Liberia, with particular attention to reaching out to local civil society groups and to encouraging the establishment of an independent and functional human rights commission;
– Promoting national reconciliation and resolution of the conflict, including through support for initiatives on the ground;
– Supporting the Government of Liberia in the implementation of peace agreements to be adopted;
– Engaging in an educational campaign to present accurately United Nations policies and activities regarding Liberia.
The Security Council has written to the Secretary-General recommending such a strengthening of the mandate of UNOL and requesting reports every three months.
The Security Council considers that an urgent effort is required to improve the serious humanitarian situation in Liberia, especially to address the needs of internally displaced persons and refugees. In that regard, the Council urges the Government of Liberia and the combatants, particularly the rebel group LURD, to provide unrestricted access to United Nations humanitarian agencies and non-governmental organizations to areas where refugees need to be assisted and human rights protected. Likewise, the Council encourages neighbouring countries of Liberia to continue to give access to international humanitarian organizations and non-governmental humanitarian groups to border areas where refugees and displaced people are. It calls on all States in the region to respect fully international law on the treatment of refugees and displaced persons.
The Security Council urges all humanitarian organizations and donor countries to continue to provide humanitarian relief to the refugees and internally displaced persons.
The Security Council is committed to support efforts to promote national reconciliation, the restoration of peace and the creation of new conditions for internal political stability. For that purpose, the Council urges the Government of Liberia and the LURD to conclude a ceasefire agreement and a comprehensive peace process, including provision for disarmament and demobilization of combatants and comprehensive security sector reform. In this regard, the Council calls upon all States to refrain from providing any military support to all parties in Liberia and from any act that might aggravate the situation on the borders between Liberia and its neighbours.
The Security Council calls on the Government of Liberia to work to create a favourable environment so that a genuine national reconciliation conference can succeed, with the broad participation of all groups in Liberian society, based inside the country and abroad.
The Security Council also calls on the Government of Liberia to implement the necessary measures and political reforms which are a prerequisite for universal, free, fair, transparent and all-inclusive elections in 2003. The Council stresses the importance of a broad and overall participation in this process by all political parties and the return of all political leaders to the country.
The Security Council calls upon the international community to consider how it can support through financial and technical assistance any disarmament, demobilization and reintegration programme that may be established as part of cessation of hostilities and commitment to political reform in Liberia. Special attention and resources should be given to assist women and children in the process of their reintegration and to provide opportunities for young ex-combatants and child soldiers to be fully reintegrated into society.
The Security Council recognizes that the success of a comprehensive international strategy to Liberia rests on the direct and active involvement of the African Union, ECOWAS, and the International Contact Group, working with the United Nations Offices in the region in accordance with their mandates.
The Security Council calls on the Government of Liberia to cooperate with all these efforts as a means to find a peaceful solution of the conflict, reform its political processes and fulfil its humanitarian, social and economic responsibilities to the Liberian people. Liberia’s cooperation is also essential to restore fully relations with its neighbours and to normalize its relations with the international community.
As the Government of Liberia makes progress working with the international community in achieving the objectives set out in this statement, the Council calls on the international community to consider how it might help future economic development in Liberia aimed at improving the welfare of the people of Liberia.
The Security Council will remain engaged with the Liberian Government and its people, given the Council’s conviction that peace in that country will put an end to the suffering of the Liberian people and find a basis for lasting peace in the region.
The Security Council requests the Secretary-General to monitor the situation in Liberia and to keep the Council informed of developments to fulfil the objectives described herein. The Council is considering sending a mission to the region, including to Liberia, to assess the situation during the first half of 2003.
S/PRST/2002/37 Extension of UN Disengagement Observer Force
Date: 17 December 2002 Meeting: 4670
In connection with the resolution just adopted on the renewal of the mandate of the United Nations Disengagement Observer Force, I have been authorized to make the following complementary statement on behalf of the Security Council:
“As is known, the report of the Secretary-General on the United Nations Disengagement Observer Force (S/2002/1328) states in paragraph 11: ‘... the situation in the Middle East is very tense and is likely to remain so, unless and until a comprehensive settlement covering all aspects of the Middle East problem can be reached’. That statement of the Secretary-General reflects the view of the Security Council.”
S/PRST/2002/38 Counter-Terrorism Committee relations with similar organizations
Date: 17 December 2002 Meeting: 4672
The Security Council recalls the statement of its President of 8 October 2002 (S/PRST/2002/26) concerning the Work Programme (S/2002/1075) of the Committee established pursuant to resolution 1373 (2001) of 28 September 2001 (the Counter-Terrorism Committee).
The Security Council notes the key role to be played by international, regional and subregional organizations in supporting Government capacity strengthening on counter-terrorism and in furthering the implementation of resolution 1373 (2001). It encourages the Counter-Terrorism Committee to build a dialogue with and encourage a dialogue between such organizations active in the areas covered by that resolution.
In this context, the Security Council requests the Counter-Terrorism Committee, with a view to improving the flow of information on experiences, standards and best practice, and to coordinating ongoing activity, to invite all relevant international, regional and subregional organizations to:
(a) Contribute to a report information on their activities in the area of counter-terrorism;
(b) Send a representative to attend a Special Meeting of the Counter-Terrorism Committee with international, regional and subregional organizations on 7 March 2003.
The Security Council invites the Counter-Terrorism Committee to report on developments at regular intervals.
S/PRST/2002/39 Cooperation with Yugoslavia, Rwanda tribunals
Date: 18 December 2002 Meeting: 4674
The Security Council takes note of the report to the Security Council, dated 23 July 2002, of the Prosecutor of the International Tribunal for Rwanda (ICTR) (S/2002/938), of the letter to the President of the Security Council, dated 26 July 2002 from the President of the ICTR (S/2002/847), of the letter from the Permanent Representative of Rwanda, dated 26 July 2002, enclosing the reply of the Rwandan Government to the Prosecutor’s report (S/2002/842), of the letter to the President of the Security Council, dated 8 August 2002, from the President of the ICTR, enclosing a Note of the ICTR on the reply of the Rwandan Government (S/2002/923), and of the letter from the Permanent Representative of Rwanda, dated 17 September 2002, enclosing a letter from the Association of Survivors of Rwandan genocide.
The Security Council also takes note of the letter to the President of the Security Council, dated 23 October 2002, from the President of the International Tribunal for the Former Yugoslavia (ICTY) and of the letter to the President of the Security Council, dated 25 October 2002, from the Permanent Representative of Yugoslavia to the United Nations, enclosing a Non-Paper.
The Security Council reaffirms its support for the ICTR and ICTY (the Tribunals), impartial and independent bodies, which contribute to the maintenance of international peace and security and to bringing justice and reconciliation to the people of the countries concerned.
The Security Council recalls the mandatory obligation of all States, including the Governments of Rwanda and Yugoslavia, under resolutions 955 (1994) and 827 (1993) and the Statutes of the Tribunals, to cooperate fully with the Tribunals and their organs, including the duty to comply with the requests by the Tribunals for the arrest or detention of indictees and their surrender or transfer to the Tribunals, to make witnesses available to the Tribunals, and to assist with the Tribunals’ ongoing investigations.
The Security Council stresses the importance it attaches to the full cooperation by all States, particularly those directly concerned, with the Tribunals.
The Security Council also stresses the importance of constructive dialogue between the Tribunals and the Governments concerned to resolve any outstanding issues affecting the work of the Tribunals that arise in the course of their cooperation but insists that such dialogue or lack of dialogue must not be used by States as an excuse for failure to discharge their obligations to cooperate fully with the Tribunals as required by Security Council resolutions and the Statutes of the Tribunals.
The Security Council will remain seized of the matter.
S/PRST/2002/40 Ceasefire in Burundi
Date: 18 December 2002 Meeting: 4675
The Security Council welcomes the signing of the ceasefire agreement between the Transitional Government of Burundi and the Conseil national pour la défense de la démocratie-Front de défense de la démocratie (CNDD-FDD) on 2 December 2002 in Arusha (“the Ceasefire Agreement”). It pays tribute to the courageous and responsible decision by the President of the Transitional Government of Burundi, Mr. Buyoya, and by the legal representative of CNDD-FDD, Mr. Nkurunziza, to sign the agreement. It welcomes their decision to implement the truce immediately, while finalizing all pending political issues within the time limits set by the agreement.
The Security Council supports the decision of the 19th regional Head of States summit of the Regional Initiative to direct the Palipehutu Forces Nationales de Libération (FNL), to enter into negotiation immediately and conclude a ceasefire agreement by 30 December 2002 or face the consequences. In this regard, the Council strongly urges the FNL, under the leadership of Mr. Rwasa, to put an end immediately to the hostilities, sign a ceasefire agreement and commit themselves to political negotiations. It recalls that the settlement of the crisis in Burundi depends on a political solution, and that only a negotiated settlement in the framework of the Arusha Agreement of 28 August 2000 will enable the country to restore stability, in accordance with the will of the Burundian people.
The Security Council expresses its intention to support the immediate and full implementation of the agreements signed between the Burundian parties, in particular the Ceasefire Agreement of 2 December 2002. It requests the Secretary-General to study ways of responding positively and with urgency to the requests of the Burundian parties and of the Facilitator, the Deputy President of the Republic of South Africa, in particular with regard to:
– Any expertise and advice which the Secretariat could provide to facilitate the definition of the mandate and the deployment of the African mission provided for in the Ceasefire Agreement of 2 December;
– Facilitation of logistical assistance to the deployment of this mission;
– Mobilization and coordination of donor contributions;
– Designation, at the request of the parties, of a person to chair the Joint Ceasefire Commission.
The Security Council emphasizes the merits of cooperation between the African mission and the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), in particular in the border area.
The Security Council expresses its thanks for the historic role played by former President Mandela, pays tribute and expresses its full support to the efforts of the Republic of South Africa, in particular its Deputy President, M. Zuma, the Facilitator of the Burundian peace process. It pays tribute to the role of the African Union. It also pays tribute to the efforts of the Republic of Tanzania and President Mkapa, President Bongo of Gabon, President Museveni of Uganda, and the other Regional Initiative countries. The Council also expresses its full support to the action taken by the Special Representative of the Secretary-General in Burundi and approves the recommendations of the Secretary-General, in paragraphs 47 to 51 of his report of 18 November 2002 (S/2002/1259), with a view to increasing the resources of the United Nations Office in Burundi.
The Security Council recalls that the responsibility for the Burundi peace process lies primarily with the Burundian parties themselves. The parties must agree without further delay the modalities of the reform of the Army, as well as the political issues mentioned in Annex 2 of the Ceasefire Agreement of 2 December 2002. The Council requests the parties to continue to respect their commitments. The Council condemns the human rights violations that have taken place in Burundi and calls for the perpetrators to be brought to justice.
The Security Council recalls the joint communiqué issued by the Governments of Burundi and the Democratic Republic of the Congo on 7 January 2002 (S/2002/36) expressing their intent to normalize their relations. It calls on them to finalize and implement an accord as soon as possible ensuring the territory of the Democratic Republic of the Congo will not be used for armed attacks against Burundi, as well as the effective withdrawal of Burundian troops from Congolese territory. It also notes that, as the Burundi parties have taken the bold step of reaching the 2 December 2002 Ceasefire Agreement, the Security Council stands ready to consider steps against States that are found to continue to support armed attacks by the Burundi rebels.
The Security Council recalls that the support of the international community, in particular financial support, is critical to the success of the peace process. In that regard, it welcomes the success of the donor round table organized in Geneva on 27-28 November 2002, and calls on donors to respond urgently to the significant progress made recently and to disburse fully the contributions promised so far. In particular, it calls on donors to provide the necessary financial assistance to facilitate the return to development and financial stability, and to consolidate the substantial efforts deployed by the Burundian authorities in this regard.
The Security Council pays tribute to the donors that are supporting the deployment of the South African Special Protection Unit, encourages them to continue their efforts and calls on the donor community to mobilize to help the countries concerned set up, as soon as possible and in liaison with the United Nations, the African mission provided for in the Ceasefire Agreement of 2 December 2002, and to participate to the financing of the repatriation and the reintegration of Burundian refugees.
The Security Council strongly condemns all massacres and other acts of violence against civilians in Burundi.
The Security Council expresses serious concern about the deteriorating humanitarian situation in Burundi. The Council calls on all Burundian parties to take practical steps to grant safe access to humanitarian personnel in their efforts to deliver assistance to vulnerable populations throughout Burundi.
S/PRST/2002/41 Condemnation of violence against civilians
Date: 20 December 2002 Meeting: 4679
The Security Council recalls its resolutions 1265 (1999) of 17 September 1999 and 1296 (2000) of 19 April 2000 on the protection of civilians in armed conflict, as well as the statements by its President of 12 February 1999 (S/PRST/1999/6) and of 15 March 2002 (S/PRST/2002/6); welcomes the third report by the Secretary-General on the protection of civilians in armed conflict (S/2002/1300); and reaffirms the need to keep the protection of civilians in armed conflict as an important item on the Council’s agenda.
The Security Council strongly condemns all attacks and acts of violence directed against civilians or other protected persons under international law, including international humanitarian law, in situations of armed conflict; reaffirms its concern at the hardships borne by civilians in conflict situations, and the need for parties to ensure the safety, security and freedom of movement of United Nations and associated personnel as well as personnel of international humanitarian organizations. The Council recognizes that secure humanitarian access, a clear separation of civilians and combatants, and the swift re-establishment of the rule of law, justice and reconciliation are essential for an effective transition from conflict to peace.
The Security Council calls upon all parties to armed conflict to comply fully with the provisions of the Charter of the United Nations and with the rules and principles of international law, in particular international humanitarian, human rights and refugee law, and to implement fully the relevant decisions of the Security Council. The Security Council recalls the obligations of States to respect and to ensure respect for international humanitarian law, including the four Geneva Conventions, and emphasizes their responsibility to end impunity and to prosecute those responsible for genocide, crimes against humanity and serious violations of humanitarian law.
The Security Council underscores the importance of the aide-memoire adopted by the Council on 15 March 2002 (S/PRST/2002/6), as a practical tool that provides a basis for improved analysis and diagnosis of key protection issues during deliberations on peacekeeping mandates, and stresses the need to implement the approaches set out therein on a more regular and consistent basis, taking into account the particular circumstances of each conflict situation. The Council agrees to continue to review current mandates and resolutions, as appropriate, taking into consideration the aide-memoire, and expresses its willingness to update it annually to reflect emerging trends in the protection of civilians in armed conflict.
The Security Council notes that a number of obstacles undermine efforts to secure access of humanitarian and United Nations agencies to persons in need, including attacks on humanitarian personnel, denial of access by authorities and a lack of structured engagement with non-State actors. In that respect, the Security Council recognizes the importance of the comprehensive framework agreements based on agreed standards and mechanisms to improve access; and encourages the ongoing work by United Nations agencies to prepare a manual of field practices of negotiations with armed groups to better assist coordination and to facilitate more effective negotiations.
The Security Council is mindful of the particular vulnerability of refugees and internally displaced persons and reaffirms the primary responsibility of States to ensure their protection, in particular by maintaining the security and civilian character of camps of refugees and internally displaced persons. The Council underscores the rights of all refugees under international law, including international humanitarian law and refugee law. The Security Council notes that United Nations multidisciplinary assessment teams, with the consent of the host States, could assist and support States in the separation of combatants and civilians. The Council, moreover, recognizes the needs of civilians under foreign occupation and stresses further, in this regard, the responsibilities of the occupying Power.
The Security Council acknowledges the emerging issues raised in the Secretary-General’s report that could seriously affect the capacity of Member States to protect civilians. Regarding gender-based violence, including sexual exploitation, abuse and trafficking of women and girls, the Council encourages States, in particular troop-contributing countries, to use the six core principles developed by the United Nations and other humanitarian partners to prevent and remedy situations of sexual abuse and exploitation, when their nationals are involved in such cases. The Security Council, further, condemns terrorism in all its forms and manifestations, however and by whomever committed.
The Security Council recognizes the importance of a comprehensive, coherent and action-oriented approach to the protection of civilians in armed conflict. It encourages further cooperation between Member States, OCHA, DPA, DPKO, UNHCR, UNRWA, OHCHR, UNDP and other relevant United Nations agencies and offices, bearing also in mind the contents of resolutions 1325 on women, peace and security and 1379 on children in armed conflict; welcomes the regional workshops and encourages Member States to give them their operational and financial support. The Security Council requests the Secretary-General to submit by June 2004 his next report on the protection of civilians in armed conflict, including information on the implementation of Security Council resolutions previously adopted on this subject and any other matter he wishes to bring to the attention of the Council. It also welcomes the oral briefings to be given to the Council every six months, including progress made to further develop the road map concept, as set out in the most recent report by the Secretary-General (S/2002/1300).
S/PRST/2002/42 Condemnation of attempted overthrow in Côte d’Ivoire
Date: 20 December 2002 Meeting: 4680
The Security Council expresses its grave concern at the situation in Côte d’Ivoire and its serious consequences for the population of this country and the region. The Council firmly condemns attempts to use force to influence the political situation in Côte d’Ivoire and to overthrow the elected Government. It calls for full respect for the constitutional order of Côte d’Ivoire and emphasizes its full support for the country’s legitimate Government. It stresses also the need to respect the sovereignty, political unity and territorial integrity of Côte d’Ivoire. It calls on all States in the region to refrain from any interference in Côte d’Ivoire.
The Security Council stresses that the crisis in Côte d’Ivoire can be resolved only through a negotiated political solution. It calls upon all parties involved in the conflict to work actively to achieve such a solution and to abstain from any act or declaration that could jeopardize efforts to that end. Such a solution must address the underlying causes of the conflict.
The Security Council strongly supports the efforts of the Economic Community of West African States (ECOWAS), currently chaired by Senegal, to promote a peaceful resolution of the conflict. It urges ECOWAS leaders to continue their efforts in a coordinated manner. In this regard it welcomes the Final Communiqué adopted on 18 December 2002 (S/2002/1386) at the extraordinary Summit of Heads of State and Government of ECOWAS in Dakar.
In particular, the Security Council welcomes the commitment by the President of Côte d’Ivoire to present in the coming days a comprehensive plan to end the crisis. It stresses that such a plan is a crucial step towards achieving a peaceful solution and calls upon the President of Côte d’Ivoire to involve all parties fully and to seek consensus among them.
The Security Council also takes note of paragraph 18 of the Final Communiqué of the Dakar Summit, in which ECOWAS requests the United Nations and the Secretary-General to contribute to the resolution of the crisis in Côte d’Ivoire. The Council commends the Secretary-General for his efforts to promote a negotiated settlement, in coordination with ECOWAS. The Council requests him to continue those efforts, particularly by providing all necessary support and assistance to the mediation efforts of ECOWAS. The Council requests the Secretary-General to keep it regularly informed about the situation.
The Security Council expresses its full support for the deployment in Côte d’Ivoire of the ECOMOG force, under Senegalese command, by 31 December 2002, as called for in the Final Communiqué of the Dakar Summit. It commends all ECOWAS countries which have decided to contribute troops to this force and calls upon the international community to provide assistance to it.
The Security Council also commends France for the efforts it has made, at the request of the Government of Côte d’Ivoire, to prevent further fighting, on a provisional basis pending the deployment of the ECOMOG force. It also expresses its appreciation for the efforts of France to contribute to a political solution of the crisis, including the possible hosting of meetings on the situation in Côte d’Ivoire. It also recognizes the efforts of the African Union to bring about a resolution of the crisis in Côte d’Ivoire.
The Security Council expresses its deepest concern at reports of mass killings and grave violations of human rights in Côte d’Ivoire. It calls on all parties to ensure full respect for human rights and international humanitarian law, particularly with regard to the civilian population, regardless of its origin, and to bring to justice all those responsible for any violation thereof. The Council welcomes the decision by the Secretary-General to request the High Commissioner for Human Rights to gather precise information about violations of human rights and international humanitarian law in Côte d’Ivoire, including through the dispatch of a fact-finding mission to that country.
The Security Council also expresses its concern at the humanitarian consequences of the crisis in Côte d’Ivoire. It calls upon the international community to provide urgent humanitarian assistance to those in need in all the countries of the subregion that are affected by the Ivorian crisis. It also calls on all parties to provide unhindered access to the affected populations.
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PEACEKEEPING OPERATIONS SUBJECT TO SECURITY COUNCIL ACTION IN 2002
BONUCA United Nations Peace-Building Support Office in Central African Republic
MINURSO United Nations Mission for the Referendum in Western Sahara
MONUC United Nations Organization Mission for the Democratic Republic of the Congo
UNAMA United Nations Assistance Mission in Afghanistan
UNAMSIL United Nations Mission in Sierra Leone
UNDOF United Nations Disengagement Observer Force
UNFICYP United Nations Peacekeeping Force in Cyprus
UNIFIL United Nations Interim Force in Lebanon
UNMA United NationsMission in Angola
UNMEE United Nations Mission in Ethiopia and Eritrea
UNMIBH United Nations Mission in Bosnia and Herzegovina
UNMIK United Nations Interim Administration in Kosovo
UNMISET United Nations Mission of Support in East Timor
UNMOP United Nations Mission of Observers in Prevlaka
UNOGBIS United Nations Peace-Building Support Office in Guinea-Bissau
UNOMIG United Nations Observer Mission in Georgia
UNTAET United Nations Transitional Administration in East Timor
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INDEX
Subject
Afghanistan
Lifting of restrictions on airline
Establishment of UN Assistance Mission
Commendation for successful emergency meeting
Endorsement of Kabul declaration
Africa, conflict prevention, peacekeeping cooperation
Angola
Extension of sanctions monitoring mechanism
Suspension of travel restrictions for UNITA officials
Extension of suspended travel restrictions on UNITA officials
Lifting of travel ban on UNITA officials
Government intention to cease offensives
Bosnia and Herzegovina
Welcoming of European Union police mission offer
Burundi
Support for Transitional Government
Support for ceasefire agreement
Central African States
Cooperation between Chad, Central African Republic
Civilians in armed conflict
Counter-Terrorism Committee
Relations with similar organizations
Côte d’Ivoire, condemnation of attempted overthrow
Cyprus
Extension of peacekeeping force
Extension of peacekeeping force
Democratic Republic of the Congo
Condemnation of resumed fighting
Extension of UN Organization Mission
Intimidation, anti-UN statements in
Kisangani massacre perpetrators
East Timor
Extension of UN Transitional Administration
Establishment of UN Mission of Support
Ethiopia and Eritrea
Adjustment of UN mission mandate
Call for confidence-building between
Georgia
Extension of UN Observer Mission
Extension of UN Observer Mission
Indonesia, condemnation of bomb attacks in Bali
International Criminal Court, limiting jurisdiction
Iraq
Oil-for food extension, approval of revised sanctions
Material breach of disarmament obligations
Oil-for-food adjustment of procedures, restrictions
Kenya, condemnation of terrorist attack
Kosovo
Support for special representative
Voter participation in municipal elections
Lebanon
Liberia
Re-establishment of sanctions panel
Lack of compliance with arms embargo
Middle East
Demand for cessation of violence
Demand for implementation of resolution 1402
Extension of Syrian Golan force
Demand for halt to Israeli measures in Ramallah
Extension of Syrian Golan force
Support for joint statement on Middle East
Extension of Syrian Golan force
Extension of Syrian Golan force
Moscow, condemnation of hostage-taking
Prevlaka Peninsula
Extension of UN Mission of Observers
Extension of UN Mission of Observers
Extension of UN Mission of Observers
Rwanda
ad litem judge pool for Tribunal
September 11, anniversary of attacks
Sierra Leone
Security tasks for UN Mission in elections
Extension of prohibition on import of rough diamonds
Small arms, limitation on illicit trade
Somalia
Assessment team for panel to investigate arms embargo violations
Recommendation of panel to study arms embargo violations
Switzerland, admission of (Also see)
Tribunals
Transfer of former Yugoslavia cases to national courts
Usama bin Laden, continuation of sanctions against
Western Sahara
Women, role in peacekeeping, post-conflict situations
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