Security Council

6209^th Meeting (AM)*

Security Council Renews Arms Embargo, Diamond Trade Ban in Côte d’Ivoire

Resolution 1893 (2009), Adopted Unanimously, Also Extends Targeted

Sanctions; Continuing Human Rights Violations, Sexual Violence Are Noted

Noting with concern continuing human rights violations against civilians in Côte d’Ivoire, including numerous acts of sexual violence, the Security Council this morning renewed for another year its arms embargo and diamond trade ban in Côte d’Ivoire, as well as targeted sanctions restricting the travel of individuals that threatened the peace process in the West African country.

By the unanimous adoption of resolution 1893 (2009), the Council said it would review those measures, which were due to expire on 31 October, in the light of progress made in the holding of free and fair presidential elections and of other progress achieved in implementing key steps of the Ouagadougou Agreement, which ended the conflict that had divided Côte d’Ivoire between a rebel-held north and Government-controlled south since 2002.

The Council demanded that all Ivorian parties provide unhindered access to the Group of Experts established to monitor the sanctions, and extended the mandate of that Group for another year and requested that Group to include in its reports information on persons who deny it access to weapons, ammunition and related materiel.

The Council reiterated that any threat to the electoral process or any serious obstacle to the freedom of movement of United Nations Operation in Côte d’Ivoire (UNOCI) or the French forces which support it as well as any obstruction to the Secretary-General’s Special Representative or the Facilitator would constitute a threat to the peace and national reconciliation process.

The Council stressed that it was ready to impose targeted measures against persons who are determined to be a threat to the national reconciliation process in Côte d’Ivoire, as well as those threatening human rights there.

After adoption, the representative of Côte d'Ivoire, ALCIDE DJEDJE, said that in 2004, the idea of sanctions against his country had been initiated by the African Union.  For some time now, however, that organization and the Economic Community of West African States (ECOWAS) had been calling for the lifting of the sanctions.  His delegation had therefore asked the Council on 24 April to review sanctions imposed on certain Ivorian political actors, taking into account the current context of peace and reconciliation and the resolute commitment of those individuals in the pursuit of those goals.  The question was whether the sanctions were intended to punish individuals or to bring peace to the country.

He said the purpose of sanctions was to ensure that countries, parties, entities or individuals change their behaviour.  Enforcement actions should be accompanied by specific deadlines and be subject to periodic review.  He was therefore disappointed that today’s resolution did not meet the expectations of his Government, as it had expected a clear commitment by the Council to lift sanctions after the presidential elections.  “The fact that the resolutions are succeeding and are very similar since 2004, while the situation has steadily improved in Côte d'Ivoire, shows the anachronism of today’s decision to maintain the sanctions for another year.”

He said his Government would now take steps at the ECOWAS and the African Union to have the sanctions against individuals lifted immediately and the arms embargo lifted three months after the presidential elections. 

The meeting was called to order at 11:50 a.m. and adjourned at 11:59 a.m.

Resolution

The full text of resolution 1893 (2009) reads as follows:

“The Security Council,

“Recalling its previous resolutions and the statements of its President relating to the situation in Côte d’Ivoire, in particular resolutions 1842 (2008) and 1880 (2009),

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

“Taking note of the report of the Secretary-General dated 29 September 2009 (S/2009/495) and of the reports of the United Nations Group of Experts on Côte d’Ivoire dated 8 April 2009 (S/2009/188) and 9 October 2009 (S/2009/521),

“Emphasizing the continued contribution to Côte d’Ivoire’s stability, in particular in the context of the planned presidential elections, of the measures imposed by resolutions 1572 (2004) and 1643 (2005),

“Noting again with concern, in spite of the sustained improvement of the overall human rights situation, the persistence of reported human rights and humanitarian law violations against civilians in different parts of the country, including numerous acts of sexual violence, stressing that the perpetrators must be brought to justice, reiterating its firm condemnation of all violations of human rights and international humanitarian law in Côte d’Ivoire, and recalling its resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1889 (2009) on women, peace and security, its resolutions 1612 (2005) and 1882 (2009) on children and armed conflict and its resolution 1674 (2006) on the protection of civilians in armed conflicts,

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

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

“1.   Decides to renew until 31 October 2010 the measures on arms and the financial and travel measures imposed by paragraphs 7 to 12 of resolution 1572 (2004) and the measures preventing the importation by any State of all rough diamonds from Côte d’Ivoire imposed by paragraph 6 of resolution 1643 (2005);

“2.   Decides to review the measures renewed in paragraph 1 above in light of the progress achieved in the electoral process and in the implementation of the key steps of the peace process, as referred to in resolution 1880 (2009), by the end of the period mentioned in paragraph 1, and decides further to carry out during the period mentioned in paragraph 1 above:

“(a)  A review of the measures renewed in paragraph 1 above no later than three months after the holding of open, free, fair and transparent presidential elections in accordance with international standards, with a view to possibly modifying the sanctions regime; or

“(b)  A midterm review no later than 30 April 2010 if no review has been scheduled on the basis of paragraph 2 (a) of this resolution at that date;

“3.   Calls upon the Ivorian parties to the Ouagadougou Political Agreement and all States, in particular those in the subregion, to fully implement the measures renewed in paragraph 1 above, including as appropriate by taking the necessary rules and regulations and calls also upon the United Nations Operation in Côte d’Ivoire (UNOCI) to bring its full support in particular to the implementation of the measures on arms renewed in paragraph 1, within its capacities and mandate, as determined in resolution 1739 (2007) and renewed in resolution 1880 (2009) and calls upon further the French forces to support UNOCI in this regard, within the limits of their deployment and their capabilities;

“4.   Reiterates again its demand in particular that the Ivorian authorities take the necessary measures to put an immediate end to any violation of measures imposed by paragraph 11 of resolution 1572 (2004) including those violations mentioned by the Group of Experts in its reports dated 21 September 2007 (S/2007/611), 15 October 2008 (S/2008/598) and 9 October 2009 (S/2009/521);

“5.   Demands that the Ivorian parties to the Ouagadougou Political Agreement, in particular the Ivorian authorities, provide unhindered access particularly to the Group of Experts firstly established pursuant to paragraph 7 of resolution 1584 (2004), to equipment, sites and installations referred to in paragraph 2 (a) of resolution 1584 (2005), and to all weapons, ammunition and related materiel, regardless of location, when appropriate without notice and including those under the control of Republican Guard units, and demands further that they provide access under the same conditions to UNOCI in order to carry out its mandate and to the French forces which support it, as set out in its resolutions 1739 (2007) and 1880 (2009);

“6.   Reiterates that any threat to the electoral process in Côte d’Ivoire, in particular any attack or obstruction of the action of the Independent Electoral Commission in charge of the organization of the elections or the action of the operators mentioned in paragraphs 1.3.3 and 2.1.1 of the Ouagadougou Political Agreement shall constitute a threat to the peace and national reconciliation process for the purposes of paragraphs 9 and 11 of resolution 1572 (2004);

“7.   Reiterates that any serious obstacle to the freedom of movement of UNOCI or the French forces which support it, or any attack or obstruction of the action of UNOCI, the French forces, the Special Representative of the Secretary-General, the Facilitator mentioned in paragraph 23 of resolution 1880 (2009) or his Special Representative in Côte d’Ivoire shall constitute a threat to the peace and national reconciliation process for the purposes of paragraphs 9 and 11 of resolution 1572 (2004);

“8.   Requests the Secretary-General and the French Government to report to it immediately, through the Committee, any serious obstacle to the freedom of movement of UNOCI or the French forces which support it, including the names of those responsible, and requests also the Secretary-General and the Facilitator to report to it immediately, through the Committee, any attack or obstruction of their action or the action of the Special Representatives mentioned in paragraph 7 above;

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

“10.  Decides to extend the mandate of the Group of Experts as set out in paragraph 7 of resolution 1727 (2006) until 31 October 2010 and requests the Secretary-General to take the necessary administrative measures;

“11.  Decides that the report referred to in paragraph 7 (e) of resolution 1727 (2006) may include, as appropriate, any information and recommendations relevant to the Committee’s possible additional designation of the individuals and entities described in paragraphs 9 and 11 of resolution 1572 (2004);

“12.  Requests the Group of Experts to provide a midterm report to the Committee by 15 April 2010 and to submit a final written report to the Security Council through the Committee 15 days before the end of its mandated period, on the implementation of the measures imposed by paragraphs 7, 9 and 11 of resolution 1572 (2004) and paragraph 6 of resolution 1643 (2005), as well as recommendations in this regard and requests further the Group of Experts to include in its report specific information on persons who deny it access to weapons, ammunition and related materiel;

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

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

“15.  Requests also the Kimberley Process to communicate as appropriate to the Security Council, through the Committee, information which, where possible, has been reviewed by the Group of Experts, concerning the production and illicit export of diamonds from Côte d’Ivoire;

“16.  Decides that, the measures imposed by Paragraph 6 of Resolution 1643 (2005) shall not apply to an import that will be used solely for the purposes of scientific research and analysis to facilitate the development of specific technical information concerning Ivorian diamond production, provided the research is coordinated by the Kimberley Process, and approved on a case by case basis by the Committee;

“17.  Decides that a request made in accordance with paragraph 16 shall be submitted to the Committee jointly by the Kimberley Process and the importing Member State, and decides further that where the Committee has approved an exemption pursuant to this paragraph, the importing Member State shall notify the Committee of the results of the study and share the results, without delay, with the Group of Experts on Cote d’Ivoire to assist them in their investigations;

“18.  Urges all States, relevant United Nations bodies and other organizations and interested parties, including the Kimberley Process, to cooperate fully with the Committee, the Group of Experts, UNOCI and the French forces, in particular by supplying any information at their disposal on possible violations of the measures imposed by paragraphs 7, 9 and 11 of resolution 1572 (2004), paragraph 6 of resolution 1643 (2005) and reiterated in paragraph 1 above;

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

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

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

“20.  Underlines that it is fully prepared to impose targeted measures against persons to be designated by the Committee who are determined to be, among other things:

“(a)  A threat to the peace and national reconciliation process in Côte d’Ivoire, in particular by blocking the implementation of the peace process as referred to in the Ouagadougou Political Agreement;

“(b)  Attacking or obstructing the action of UNOCI, of the French forces which support it, of the Special Representative of the Secretary-General, of the Facilitator, of his Special Representative in Côte d’Ivoire;

“(c)  Responsible for obstacles to the freedom of movement of UNOCI and of the French forces which support it;

“(d)  Responsible for serious violations of human rights and international humanitarian law committed in Côte d’Ivoire;

“(e)  Inciting publicly hatred and violence;

“(f)  Acting in violation of the measures imposed by paragraph 7 of resolution 1572 (2004);

“21.  Decides to remain actively seized of the matter.”

Background

The Security Council had before it the final report of the Group of Experts on Côte d’Ivoire, transmitted to the Council President in a letter dated 7 October from the Chairman of the Security Council Committee established pursuant to resolution 1572 (2004) (document S/2009/521).

The report notes that the conflict in Côte d’Ivoire is no longer purely a north-south confrontation, but a struggle involving many actors.  Some of these actors have much to gain from the reunification of Côte d’Ivoire, but others have much to lose, according to the experts.  The experts note that northern Côte d’Ivoire currently bears more resemblance to a warlord economy than to a functioning Government administration.  Largely independent military “zone commanders” of the former rebel forces, the Forces nouvelles, control and exploit natural resources. 

The Group of Experts is particularly concerned by the systematic transfer of weapons and ammunition from the territory of Burkina Faso to the north of the country controlled by Forces nouvelles, a situation which may be linked to cocoa smuggling.  On diamonds, the Group of Experts notes that the absence of effective border controls allows the rough diamond trade in Côte d’Ivoire to extend, almost seamlessly, into Burkina Faso and Mali.  The report also expresses concern that Ivorian diamonds may be illegally exported through Guinea and Liberia.

The Group recommends that all Member States take appropriate action to respond fully, and in a timely manner, to the Group’s requests for information.  Despite earlier recommendations to that effect, the Group notes that Member States continue to fail to respond entirely to requests for information.  The Group also made specific recommendations on arms, finance, diamonds, aviation and customs.

As for the sanctions against Martin Kouakou Fofié, Charles Blé Goudé and Eugène N’goran Koudio Djué, the Group recommends that all Member States, and in particular Côte d’Ivoire and neighbouring States, take all necessary measures to enforce the asset freeze and travel ban imposed on them.  It further recommends that Member States ensure that companies that are currently investing, or plan to invest, in Côte d’Ivoire avoid making payments to sanctioned individuals or their business associates an/or interests.

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*     The 6208^th Meeting was closed.

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