Unanimously Adopting Resolution 2219 (2015), Security Council Extends Arms Embargo on Côte d’Ivoire, Targeted Sanctions
Through Text, 15-Member Body Also Renews Group of Experts’ Mandate
The Security Council this morning decided to extend until 30 April 2016 a modified arms embargo on Côte d’Ivoire, as well as the targeted travel and financial sanctions on individuals deemed to threaten reconciliation in the West African country.
Through the unanimous adoption of resolution 2219 (2015), the Council also extended, until 30 May 2016, the mandate of the Group of Experts that assists oversight of the measures by the “1572 Committee”, named after the 2004 resolution that established the sanctions regime to help stem civil strife in the country.
The arms embargo, which was modified when it was last extended in 2014, allows certain exception for Ivorian and international security forces, as well as for the United Nations Operation in Côte d’Ivoire (UNOCI), the Council decided. Importation of specific lethal materiel, for use in supporting the security sector reform process, requires advance reporting to the Committee.
The Council, through the text, said it would review the sanctions regime before the end of next April with a view of further modifying or lifting all or part of the remaining measures in light of progress in security reform, reintegration of former combatants, reconciliation and the fight against impunity. It stressed the importance, in that context, of holding peaceful and credible elections, as planned for October 2015.
Through the text, the Council welcomed national efforts to mark arms and related materiel in Côte d’Ivoire and urged the Government to allow the Group of Experts and UNOCI access to exempted weapons at the time of import, before transfer to end users takes place, and to maintain a registry of all materiel present in the country, including any private arms caches.
Expressing concern that smuggling of rough diamonds from Côte d’Ivoire continued, the Council requested the Government to continue to update the Committee on progress regarding its related action plan, urging it to quickly implement all the recommendations resulting from the Kimberley Process Review Visit of 2013.
Also expressing concern over continued instability in western Côte d’Ivoire, the Council further encouraged border control cooperation with neighbouring countries, assisted by UNOCI and the United Nations Mission in Liberia (UNMIL).
Following the adoption, the representative of Côte d’Ivoire, Bafétigué Ouattara, said that during the negotiations for the text, he noted that Council members had taken a cautious approach to making the sanctions regime more flexible in the lead-up to the 2015 elections. He reassured the Council, in that context, that his Government was sparing no effort to ensure that the polls were peaceful, open, transparent and inclusive.
Noting, in addition, that the resolution was nearly identical to the previous one, despite the fact that progress on the ground in Côte d’Ivoire had been consistently reported, he expressed mixed feelings about the text but retained hope that the Council could, at its next meeting devoted to the country, come to a decision that took into account the efforts of the Ivorian authorities, particularly in the areas of security reform and reintegration of ex-combatants.
Of course, he said, his Government acknowledged that numerous challenges remained in terms of peace, security and stabilization, and his Government would continue to spare no effort to make progress in a way that was felt by the Ivorian population. He pledged his Government’s continuation of sincere cooperation with the Council and its various mechanisms for that reason, particularly for protection of the population and border security. His country would, in turn, continue to help the region face the terrorist threats to the region. Tracing of arms and management of weapons caches was particularly important for that purpose.
At the same time, he reiterated that, in view of the progress reported, it was necessary to now seriously envisage the total lifting of sanctions. The Council members should help the country reach that goal. As his President had recently stated, “Côte d’Ivoire does not have the intention to stay under embargo any longer.” In addition, the Council should pursue a reduction of ONUCI with a view to its total withdrawal by the beginning of 2017. The country intended to restore its place as not only a peaceful, prosperous State, but as a pinion of stability in the region.
The meeting opened at 10:46 a.m. and closed at 10:56 a.m.
Resolution
The full text of resolution 2219 (2015) 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), 2112 (2013), 2153 (2014), and 2162 (2014),
“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 12 December 2014 (S/2014/892), and noting the 2014 midterm report (S/2014/729), and the 2015 Final report (S/2015/252) 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 promote economic recovery in Côte d’Ivoire and strengthen international and regional cooperation, and notably continued cooperation with the governments of Ghana and Liberia, and calling upon all national stakeholders to work together to consolidate the significant 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, including resolution 2153 (2014), 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, and underlining the significance of a peaceful, credible and transparent presidential election in this regard and the effective management of arms and related materiel,
“Noting the upcoming presidential election in October 2015, welcoming in this regard the reforms adopted to prepare for this election, including the amendments to the electoral code, as well as the work undertaken by the Independent Electoral Commission (IEC), including through the establishment of its local branches, and encouraging it to continue to engage all political stakeholders in preparation of this election, further welcoming the steps taken by the Government to foster political dialogue and reconciliation, and encouraging the Government and the opposition to continue to work positively and collaboratively to ensure that the political space remains open and transparent,
“Welcoming the political commitment of the Ivorian authorities to the SSR process and the efforts made towards its implementation, including through the elaboration of the legal framework for SSR defining the national strategy of the SSR as well as the national security strategy, enhanced cooperation between the National Security Council and the line ministries and international community, as well as the efforts towards decentralization of the SSR process, reinforcement of democratic governance of this sector, and efforts towards improving the gender balance within the security forces, while expressing concern about the delays in the adoption of certain laws and regulations relevant to SSR and the insufficient cohesion within the army, 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 as well as the significant achievements of the disarmament, demobilization and reintegration of former combatants, while expressing concern at delays in its implementation, re-emphasizing that the Government of Côte d’Ivoire must provide sufficient financial resources and develop viable reintegration opportunities for former combatants in order to complete the DDR process before the presidential election of 2015 in accordance with the objective announced by the President of Côte d’Ivoire, and stressing the necessity for continued efforts to target unregistered combatants and to follow up on DDR efforts after June 2015 in order to ensure their sustainability,
“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 the United Nations Operation in Côte d’Ivoire (UNOCI), including through the marking of arms and related lethal materiel and efforts in the rehabilitation and improvement of armouries, and emphasizing the importance of continued efforts in this area, taking note in this regard the signature and ratification of the Arms Trade Treaty by Côte d’Ivoire and encouraging States, intergovernmental, regional and subregional organizations that are in a position to do so to support Côte d’Ivoire to fulfil and implement its relevant obligations,
“Reiterating the urgent need for the Government of Côte d’Ivoire to continue to train and equip its security forces, especially the police and gendarmerie with standard policing weapons and ammunition, and stressing the primary role of the police and the gendarmerie in maintaining law and order, including to secure the upcoming electoral process,
“Re-emphasizing the importance of the Government of Côte d’Ivoire 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,
“Recognizing the efforts made by the Government of Côte d’Ivoire to notably improve its cooperation with the Group of Experts originally established pursuant to paragraph 7 of resolution 1584 (2005), and encouraging further close cooperation between the Government of Côte d’Ivoire and the Group of Experts,
“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 Ivorian authorities in combating illegal taxation systems, acknowledging the efforts undertaken to reduce the number of illegal checkpoints and incidents of racketeering, stressing the need to continue such efforts, including through developing a national border management strategy, encouraging implementation of the 2015-2016 action plan on customs administration, while noting the need for capacity building and allocation of resources in order to control borders, in particular in the western part of the country,
“Recalling its decision to terminate through resolution 2153 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,
“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 Regional Approach for the Mano River Union countries, welcoming the KP review visit that took place in March 2015, and commending efforts made by the Property Rights and Artisanal Diamond Development II (PRADD II) project in cooperation with the Friends of Côte d’Ivoire to build alternate livelihoods within mining communities,
“Recalling all its relevant resolutions on women, peace and security, on children and armed conflict, and 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 national and international efforts to bring to justice alleged perpetrators from all sides 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 2016, 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 not require notification to the Committee established by paragraph 14 of resolution 1572 (2004);
“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 material, 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 Ivorian 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 the Annex 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 the Annex 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 4(c) above, further decides that the Member State delivering assistance may, in the alternative, make this notification or approval request pursuant to paragraph 4(c) after informing the Government of Côte d’Ivoire that it intends to do so;
“7. Requests the Government of Côte d’Ivoire to ensure that notifications and approval requests sent to the 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 SSR, 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 Ivorian authorities shall submit biannual reports to the Committee by 15 September 2015 and by 30 March 2016 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 authorisation 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, welcomes the efforts of the National Commission to Fight Against the Proliferation and Illicit Traffic of Small Arms and Light Weapons to mark the arms and related lethal materiel when received in the territory of Côte d’Ivoire and encourages it to continue such efforts, urges the Government of Côte d’Ivoire to maintain a registry of all arms and materiel present in the country, with a specific attention to small arms and light weapons, including any private arms caches, with a clear process delineated for how the Government of Côte d’Ivoire intends to track the movement of weapons;
“11. Decides to review by the end of the period mentioned in paragraph 1 the measures decided in paragraphs above, with a view to possibly further modifying or lifting all or part of the remaining measures, in light of the progress achieved in the stabilization of Côte d’Ivoire, in accordance with progress achieved in relation to DDR and SSR, national reconciliation and the fight against impunity, bearing in mind in this regard the significance of peaceful, credible and transparent election process and the effective management of arms and related materiel as described in paragraph 10 above;
“12. Decides to renew until 30 April 2016 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. Requests the Government of Côte d’Ivoire to continue 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, the development of its customs regime, including the creation of a risk profile for customs and law enforcement officials, and the reporting of financial flows from diamonds;
“14. Welcomes the steps taken by the Government of Côte d’Ivoire to start implementing the recommendations outlined in the report of the Kimberley Process Review Visit of October 2013, expresses concern that smuggling of rough diamonds from Cote d’Ivoire continues, and urges it to continue its efforts to fully and quickly implement all of these recommendations in order to support the development of a legitimate supply chain for the export of rough diamonds;
“15. Encourages Côte d’Ivoire and other adjacent countries to continue participation in KP regional cooperation and law enforcement activities, such as the Regional Approach for countries of the Mano River Union.
“16. Invites the KPCS, in particular, its Working Groups on Monitoring, Statistics, and Diamond Experts, 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;
“17. Calls upon the Government of Côte d’Ivoire to take the necessary steps to enforce the measures imposed by paragraph 1 above, including by incorporating relevant provisions in its national legal framework;
“18. Calls upon all Member States, in particular those in the subregion, to fully implement the measures mentioned in paragraphs 1 and 6 above;
“19. 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;
“20. 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);
“21. 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;
“22. 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;
“23. 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), 2112 (2013), and 2153 (2014);
“24. 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;
“25. Decides to extend the mandate of the Group of Experts as set out in paragraph 7 of resolution 1727 (2006) until 30 May 2016, expresses its intent to consider the renewal of this mandate no later than 30 April 2016, and requests the Secretary-General to take the necessary measures to support its action;
“26. 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;
“27. Requests the Group of Experts to submit an interim update on its work to the Committee by 15 September 2015 and to submit a final report to the Security Council by 8 April 2016, 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), with recommendations in this regard, as well as to submit progress updates to the Committee, especially in situations of urgency, or as the Group deems necessary;
“28. Decides that the update and the report of the Group of Experts, as referred to in paragraph 27 above, 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. Decides that the Group of Experts will also report on the activities of sanctioned individuals as well as on any continued threat to peace and security in Côte d’Ivoire posed by those individuals or others, consistent with paragraph 28 above;
“30. 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;
“31. 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;
“32. Welcomes the Government of Côte d’Ivoire’s efforts to participate in the OECD-hosted implementation program with regard to the due diligence guidelines for responsible supply chains of minerals from conflict-affected and high-risk areas, and urges the Government of Cote d’Ivoire 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, and calls upon all States to take appropriate steps to raise awareness of the guidelines referred to above, and to urge importers, processing industries and consumers of Ivorian mineral products to exercise due diligence by applying the aforementioned guidelines, with a special attention to gold;
“33. 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, further reduce the number of checkpoints and prevent incidents of racketeering throughout the country, and increase control and oversight over the areas where natural resources, and particularly gold, are illegally exploited, 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;
“34. 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;
“35. 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);
“36. 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);
“37. 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;
“38. 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.”