Security Council

7163^rd Meeting (AM)

Security Council Modifies Côte d’Ivoire Sanctions, Extends Mandate

of Related Expert Group, Adopts Resolution 2153 (2014)

 

The Security Council today decided to modify the sanctions regime imposed on Côte d’Ivoire for a period ending on 30 April 2015, and to extend the mandate of the Group of Experts tasked with monitoring those measures until 20 May 2015.

Unanimously adopting resolution 2153 (2014) under Chapter VII of the United Nations Charter, the 15-member body decided that all States would continue to take the necessary measures to prevent the direct or indirect supply, sale or transfer of arms and related lethal materiel to the Western Africa country, regardless of whether or not such items originated in their territories.

However, the Council also decided that supplies of non-lethal equipment and the provision of technical aid, training or financial assistance intended to enable the Ivorian security forces to maintain public order would no longer require notifying the relevant sanctions committee.

Also exempt from the regime were supplies intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire (UNOCI) and the French forces supporting it, and those transiting the country for use by United Nations peacekeeping personnel; supplies intended for use by a State evacuating its nationals and others for whom it had consular responsibility in the country; and supplies intended for use in security sector reform, as notified in advance to the relevant sanctions committee.

Among other provisions, the Council decided to terminate measures preventing any State from importing rough diamonds from Côte d’Ivoire in light of the country’s progress towards implementing the Kimberley Process Certification Scheme and its improved governance of the sector.

Speaking after the adoption, Jeffrey de Laurentis ( United States) said the security situation remained challenging as Côte d’Ivoire moved into the 2015 electoral cycle, noting that the Council had underlined the significance of security sector reform, the demobilization and reintegration of former combatants, and the importance of reconciliation and justice for crimes committed during the national crisis.  While recognizing the Government’s need to build professional security forces, the United States was concerned that the Group of Experts had reported inconsistent compliance with existing arms embargo procedures, he said, urging tighter control over arms and ammunition, and Council monitoring of developments on the ground.  If the modifications to the embargo had a negative impact on stability, the Council should be prepared to take appropriate action, he emphasized.

Youssoufou Bamba ( Côte d’Ivoire) noted that the Council had expressed its satisfaction with his country’s progress, especially in stabilizing the security situation, initiating political dialogue and working for reconciliation and economic recovery.  As for diamonds, the resolution recognized that Côte d’Ivoire had satisfied the provisions of the Kimberley Process as far as possible under the embargo.  The resolution lifted the embargoes on diamonds produced in the country, as well as on small arms and ammunition, he said, expressing the Government’s commitment to cooperation with the United Nations.  Hopefully, the Council could definitively end the sanctions regime during the next review.

The meeting began at 10:10 a.m. and ended at 10:16 a.m.

The full text of resolution 2153 (2014) 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 1880 (2009), 1893 (2009), 1911 (2010), 1933 (2010), 1946 (2010), 1962 (2010), 1975 (2011), 1980 (2011), 2000 (2011), 2045 (2012), 2062 (2012), 2101 (2013), and 2112 (2013),

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

“Welcoming the special report of the Secretary-General dated 24 December 2013 (S/2013/761), and noting the 2013 midterm report (S/2013/605), and the 2014 Final report (S/2014/266), of the United Nations Group of Experts,

“Welcoming the overall progress towards restoring security, peace and stability in Côte d’Ivoire, commending the President and Government of Côte d’Ivoire’s continued efforts to stabilize the security situation and accelerate economic recovery in Côte d’Ivoire and strengthen international and regional cooperation, and notably enhanced cooperation with the governments of Ghana and Liberia, and calling upon all national stakeholders to work together to consolidate the progress made so far and to address the underlying causes of tension and conflict,

“Recognizing the continued contribution the measures imposed by resolutions 1572 (2004), 1643 (2005), 1975 (2011) and 1980 (2011), as modified by later resolutions, make to the stability of Côte d’Ivoire, including by countering the illicit transfer of small arms and light weapons in Côte d’Ivoire, as well as in supporting post-conflict peacebuilding, disarmament, demobilization and reintegration (DDR) and security sector reform (SSR), and stressing that these measures aim at supporting the peace process in Côte d’Ivoire with a view to possibly further modifying or lifting all or part of the remaining measures, in accordance with progress achieved in relation to DDR and SSR, national reconciliation and the fight against impunity,

“Welcoming the completion of the electoral cycle that originated in the Ouagadougou Accords, and the announcement of the presidential election in October 2015 and encouraging the Government and the opposition to move positively and collaboratively towards political reconciliation and electoral reform to ensure that the political space remains open and transparent,

“Welcoming the efforts made toward the security reform agenda and especially the increasing cooperation between the National Security Council and the local authorities while expressing concern about the delays in the implementation of the national strategy for security sector reform, in particular beyond Abidjan and urging an acceleration of efforts to reform the security sector, including by putting in place an effective chain of command, a system of military justice and appropriate budgetary allocations,

“Welcoming the progress made in the overall security situation and efforts to address security challenges while expressing concern at delays in implementation of security sector reform and disarmament, demobilization and reintegration of former combatants, welcoming efforts towards better monitoring and management of weapons through the National Commission to Fight Against the Proliferation and Illicit Traffic of Small Arms and Light Weapons, with the support of UNOCI, and emphasizing the importance of continued efforts in this area, re-emphasizing the necessity of the Ivorian Government to provide sufficient financial resources and to develop viable reintegration opportunities for former combatants in order to ensure the achievement of the DDR process by June 2015 at the latest,

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

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

“Encouraging closer cooperation between the Government of Côte d’Ivoire and the Group of Experts, originally established pursuant to paragraph 7 of resolution 1584 (2005),

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

“Welcoming the progress made by the Ivoirian authorities in combating illegal taxation systems and acknowledging the decrease in the number of illegal checkpoints and incidents of racketeering but noting the insufficient capacity and resources in order to control borders, in particular in the western part of the country,

“Noting that the Kimberley Process (KP) recognized that Côte d’Ivoire fulfilled KP Certification Scheme minimum requirements in its Final Communique of 22 November 2013, encouraging Côte d’Ivoire’s full implementation of its Action Plan to develop its diamond sector in line with KP standards, including participation in the KP’s Mano River basin initiative, and welcoming Côte d’Ivoire’s invitation to host a KP review visit six months after legal exports of rough diamonds have resumed,

“Recalling its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013) on women, peace and security, its resolutions 1612 (2005), 1882 (2009), 1998 (2011),2068 (2012) and 2143 (2014) on children and armed conflict and its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflicts,

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

“Welcoming in this regard the transfer of Charles Blé Goudé, former leader of the Young Patriots, to the International Criminal Court, and further welcoming national and international efforts to bring to justice alleged perpetrators of violations and abuses of human rights and of violations of international humanitarian law,

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

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

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

“1.   Decides, for a period ending on 30 April 2015, that all States shall take the necessary measures to prevent the direct or indirect supply, sale or transfer to Côte d’Ivoire, from their territories or by their nationals, or using their flag vessels or aircraft, of arms and any related lethal materiel, whether or not originating in their territories;

“2.   Decides that supplies of non-lethal equipment, and the provision of any technical assistance, training or financial assistance, intended to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order, shall no longer require notification to the Committee;

“3.   Notes that the measures on arms and related lethal materiel in paragraph 1 do not apply to the provision of training, advice, technical or financial assistance, and expertise related to security and military activities, or to non-lethal materiel, including the supplies of civilian vehicles to the Ivorian security forces;

“4.   Decides that the measures imposed by paragraph 1 above shall not apply to:

(a)   supplies intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire (UNOCI) and the French forces who support them, and supplies transiting through Côte d’Ivoire intended for the support of or to be used by United Nations Peacekeeping operations;

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

(c)   supplies of arms and related lethal materiel to the Ivorian security forces, intended solely for the support of or use in the Ivoirian process of SSR, as notified in advance to the Committee established by paragraph 14 of the resolution 1572 (2004), except for those arms and related lethal materiel which are set out in Annex I of this resolution, which require the advance approval of the Committee established by paragraph 14 of resolution 1572 (2004);

“5.   Decides that the Committee shall add, remove or clarify items on the list of arms and related lethal materiel specified in Annex I of this resolution, as appropriate;

“6.   Decides, for the period referred to in paragraph 1 above, that the Ivorian authorities shall notify or request approval in advance, as appropriate, from the Committee for any shipments of items referred to in paragraph 3(c) above, further decides that the Member State delivering assistance may, in the alternative, make this notification or approval request pursuant to paragraph 3(c) after informing the Government of Côte d’Ivoire that it intends to do so;

“7.   Requests the Ivorian Government ensure that notifications and approval requests sent to the Sanctions Committee contain all relevant information, including the purpose of the use and end user, including the intended destination unit in the Ivorian Security Forces or the intended place of storage, the technical specifications, quantity of the equipment to be shipped, details of the manufacturer and supplier of the equipment, the proposed date of delivery, mode of transportation and itinerary of shipments; further stresses the importance of a specific focus on detailed explanations for how the requested equipment will support security sector reform; and emphasizes that such notifications and approval requests include information about any intended modification of non-lethal equipment into lethal equipment;

“8.   Decides that the Ivoirian authorities shall submit biannual reports to the Committee by 30 September 2015 and by 30 March 2015 on progress achieved in relation to DDR and SSR;

“9.   Encourages Ivorian authorities to consult with UNOCI, within its existing mandate and resources, to ensure notifications and authorization requests contain the required information;

“10. Urges the Government of Côte d’Ivoire to allow the Group of Experts and UNOCI access to the exempted arms and lethal materiel at the time of import and before the transfer to the end user takes place, stresses that the Government of Côte d’Ivoire shall mark the arms and related lethal materiel when received in the territory of Côte d’Ivoire, urges the Government of Côte d’Ivoire to maintain a registry of all arms and materials owned by national security forces, with a specific attention to small arms and light weapons, with a view of improving tracking and monitoring of their circulation;

“11. Decides to review the measures decided in paragraphs above in light of the progress achieved in the stabilization throughout the country, by the end of the period mentioned in paragraph 1, in accordance with progress achieved in relation to DDR and SSR, national reconciliation and the fight against impunity;

“12. Decides to renew until 30 April 2015 the financial and travel measures imposed by paragraphs 9 to 12 of resolution 1572 (2004) and paragraph 12 of resolution 1975 (2011) and stresses its intention to review the continued listing of individuals subject to such measures provided they engage in actions that further the objective of national reconciliation;

“13. Decides to terminate as of the date of adoption of this resolution the measures preventing the importation by any State of all rough diamonds from Côte d’Ivoire imposed by paragraph 6 of resolution 1643 (2005), in light of progress made towards Kimberley Process Certification Scheme (KPCS) implementation and better governance of the sector;

“14. Requests Côte d’Ivoire to update the Security Council, through the Committee, on its progress in implementing its Action Plan for diamonds, including on any enforcement activities involving illegal smuggling, development of its customs regime, and reporting of financial flows from diamonds; encourages Côte d’Ivoire to host a KP review visit within nine months following the date of adoption of this resolution to include a representative from the Group of Experts; and further encourages Côte d’Ivoire’s continued participation in the regional cooperation and law enforcement activities, such as the KP’s Mano River Basin initiative;

“15. Invites the KPCS, in particular, its Working Groups on Monitoring and Statistics, to communicate information, as appropriate, regarding Côte D’Ivoire’s compliance with the KPCS to the Security Council, thorough the Committee, and when possible, for review by the Group of Experts; encourages donors to support Côte d’Ivoire’s efforts by sharing related information and providing technical assistance;

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

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

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

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

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

“21. Recalls that UNOCI, within the monitoring of the arms embargo, is mandated to collect, as appropriate, arms and any related materiel brought into Côte d’Ivoire in violation of the measures imposed by paragraph 1 of this resolution, and to dispose of such arms and related materiel as appropriate;

“22.  Reiterates the necessity for the Ivorian authorities to provide unhindered access to the Group of Experts, as well as UNOCI and the French forces which support it, to equipment, sites and installations referred to in paragraph 2(a) of resolution 1584 (2005), and to all weapons, ammunition and related materiel of all armed security forces, regardless of location, including the arms issued from the collection referred to in paragraph 10 or 11 above, when appropriate and without notice, as set out in its resolutions 1739 (2007), 1880 (2009), 1933 (2010), 1962 (2010), 1980 (2011), 2062 (2012), and 2112 (2013);

“23.  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;

“24.  Decides to extend the mandate of the Group of Experts as set out in paragraph 7 of resolution 1727 (2006) for a period of 13 months until 30 May 2015 and requests the Secretary-General to take the necessary measures to support its action;

“25.  Reiterates that paragraph 7(b) of resolution 1727 (2006) includes a mandate for the Group of Experts to gather and analyse all relevant information on sources of financing, including from the exploitation of natural resources in Côte d’Ivoire, for the purchase of arms and related materiel and activities and notes that pursuant to paragraph 12(a) of resolution 1727 (2006) those who are determined to be a threat to the peace and national reconciliation process in Côte d’Ivoire through the illicit trafficking of natural resources, including diamonds and gold, may be designated by the Committee;

“26.  Decides that the Group of Experts will also report on the activities of and any continued threat to peace and security in Côte d’Ivoire posed by sanctioned individuals and additionally requests the Group of Experts to assess and report on the effects of the modifications decided in this resolution;

“27.  Requests the Group of Experts to submit a midterm report to the Committee by 15 October 2014 and to submit a final report by 15 April 2015, after discussion with the Committee, on the implementation of the measures imposed by paragraphs 1 above, 9 and 11 of resolution 1572 (2004), paragraph 12 of resolution 1975 (2011) and paragraph 10 of resolution 1980 (2011);

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

“29.  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;

“30.  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;

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

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

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

“34.  Urges all States, relevant United Nations bodies and other organizations and interested parties, to cooperate fully with the Committee, the Group of Experts, UNOCI and the French forces, in particular by supplying any information at their disposal on possible violations of the measures imposed by paragraphs 1, 2 and 3 above, paragraphs 9 and 11 of resolution 1572 (2004), paragraph 6 of resolution 1643 (2005) and paragraph 12 of resolution 1975 (2011), and further requests the Group of Experts to coordinate its activities as appropriate with all political actors and to implement their mandate in accordance with the Report of the Informal Working Group of the Security Council on General Issues of Sanctions (S/2006/997);

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

“36.  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;

“37.  Decides to remain actively seized of the matter.

“Annex

“1.   Weapons, direct and indirect fire artillery, and guns with a calibre bigger than 12.7 mm, their ammunition and components.

“2.   Rocket propelled grenades, rockets, light anti-tank weapons, rifle grenades and grenade-launchers.

“3.   Surface-to-air Missiles, including man portable air defence systems (MANPADS); surface-to-surface missiles; and air-to-surface missiles.

“4.   Mortars with a calibre bigger than 82 mm.

“5.   Guided anti-tank weapons, especially guided anti-tank missiles, their ammunition and components.

“6.   Armed aircraft, including rotary wing or fixed wing.

“7.   Military armed vehicles or Military vehicles equipped with weapon mounts.

“8.   Explosive charges and devices containing explosive materials, designed for military purpose, mines and related material.

“9.   Night observation and night shooting devices.”

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For information media • not an official record