Security Council Imposes Sanctions on Those Derailing Mali Peace Process, Unanimously Adopting Resolution 2374 (2017)
Members Authorize New Committee, Panel of Experts to Review Alleged Violations
Targeting actors derailing the peace process in Mali, the Security Council decided unanimously today to impose sanctions and create a new committee and panel of experts to examine alleged violations.
Adopting resolution 2374 (2017), the Council also decided to impose a travel ban on and freeze the assets of designated individuals and entities actively stymying progress in implementing the Agreement of Peace and Reconciliation in Mali, signed in 2015 by that country’s Government and both the Plateforme and Coordination des Mouvements de l’Azawad coalitions of armed groups.
The new committee established by the resolution, comprising all Council members, would designate those to be subjected to the travel ban and asset freeze. It would also examine and take appropriate action on information concerning alleged violations or non-compliance with the measures prescribed by the text. Those would include engaging in hostilities in violation of the peace agreement and obstructing its implementation; producing and trafficking narcotics; smuggling migrants; planning and conducting attacks against national security and defence forces, as well as peacekeepers of the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) and other personnel of the Organization; obstructing deliveries of humanitarian assistance, engaging in violations of human rights law, and using or recruiting children.
Further by the text, the Council requested that the Secretary-General create, for an initial period of 13 months, a panel of up to five experts and make the necessary financial and security arrangements to support its work. The panel would help the new sanctions committee carry out its mandate while gathering, examining and analysing information concerning the resolution’s implementation.
François Delattre (France) said the sanctions regime was intended to help Mali’s recovery and would send a strong message to actors on the ground on the need to change their behaviour. Sanctions were a means to accompany MINUSMA’s work, he added, noting that the text provided provisions on human rights violations, obstruction of humanitarian aid deliveries, and causing harm to children. France saw sanctions as a viable tool for promoting progress, he continued, emphasizing: “Time is not on our side.” The peace agreement in Mali was critical to the security of the entire Sahel region, he pointed out, urging Council members to use all tools at their disposal to send a clear message that they would no longer tolerate actions that threatened the region and the world.
Vassily A. Nebenzia (Russian Federation) noted that sanctions sometimes antagonized the parties concerned and made it more difficult for them to negotiate and make progress. In determining the sources of instability in the Sahel and Mali, in particular, it was essential to recall how insecurity had spread following interference in Libya, he emphasized. The Russian Federation would remain ready to cooperate on all Sahel issues, he said.
Turning to the situation in Ukraine, he noted the decision by President Vladimir Putin to submit a draft resolution on establishing a United Nations peacekeeping mission in eastern Ukraine, saying that would help to improve security there.
Volodymyr Yelchenko (Ukraine) said he had taken careful note of the statement by the Russian Federation’s representative on deploying peacekeepers to Donbass. Such a deployment could contribute greatly to restoring peace and security in eastern Ukraine, but the mandate of such a mission must be carefully crafted, he emphasized.
Inigo Lambertini (Italy) voiced his delegation’s support for the resolution and commended France for its role in drafting the text.
The meeting began at 10:05 a.m. and ended at 10:20 a.m.
Resolution
The full text of resolution 2374 (2017) reads as follows:
“Recalling its previous resolutions, in particular resolutions 2364 (2017) and 2359 (2017), concerning the situation in Mali,
“Reaffirming its strong commitment to the sovereignty, unity and territorial integrity of Mali, emphasizing that the Malian authorities have primary responsibility for the provision of stability and security throughout the territory of Mali, and underscoring the importance of achieving national ownership of peace- and security-related initiatives,
“Recognizing the legitimate aspiration of all Malian citizens to enjoy lasting peace and development,
“Recognizing that the Agreement on Peace and Reconciliation in Mali (“the Agreement”) signed in 2015 by the Government of Mali, the Plateforme coalition of armed groups, and the Coordination des Mouvements de l’Azawad coalition of armed groups, and its continued implementation, represents a historic opportunity to achieve lasting peace in Mali,
“Condemning the repeated violations of the ceasefire arrangements by the Plateforme and Coordination armed groups in the Kidal and Menaka regions, urging them to cease hostilities, to strictly adhere to the ceasefire arrangements and to resume a constructive dialogue without delay for the full implementation of the Agreement, and welcoming to this extent the recent signing of a truce agreement on 23 August 2017 in Bamako,
“Recognizing the recent progress achieved for the implementation of the Agreement, including the establishment of all interim administrations in the North, while expressing its deep concern over the persistent delays for its full implementation two years after it was concluded, and highlighting the pressing need to deliver tangible and visible peace dividends to the population in the North and other parts of Mali in order to keep the momentum of the Agreement,
“Affirming its intention to facilitate, support and follow closely the implementation of the Agreement, commending the role played by Algeria and other members of the international mediation team to assist the Malian parties to implement the Agreement, emphasizing the need for increased engagement by the members of the international mediation team, and further emphasizing the central role the Special Representative of the Secretary-General for Mali should continue to play to support and oversee the implementation of the Agreement,
“Deploring that the slow progress in the implementation of the Agreement, particularly its defence and security provisions, as well as the delayed restructuring of the security sector, have hampered efforts to restore security and the authority of the Malian State and the delivery of basic social services in the North of Mali, and stressing the primary responsibility of the Government of Mali, the Plateforme and Coordination armed groups to accelerate the implementation of the Agreement in order to improve the security situation across Mali and to forestall attempts by terrorist groups to derail the implementation of the Agreement,
“Expressing its serious concern about the volatile security situation, especially the expansion of terrorist and other criminal activities into Central and Southern Mali as well as the intensification of criminal activities such as drug trafficking and trafficking in persons in Mali,
“Emphasizing that security and stability in Mali are inextricably linked to that of the Sahel and West Africa regions, as well as the situation in Libya and in the North Africa region,
“Acknowledging the impact of the situation in Mali on peace and security in the Sahel, as well as on the wider West Africa and North African region,
“Expressing its continued concern over the transnational dimension of the terrorist threat in the Sahel region, as well as the serious challenges posed by transnational organized crime in the Sahel region, including arms, drug and cultural property trafficking, the smuggling of migrants, trafficking in persons, and its increasing links, in some cases, with terrorism, and underscoring the responsibility of the countries in the region in addressing these threats and challenges,
“Noting that impunity can encourage a culture of corruption in which trafficking and other criminal interests can thrive, further encouraging instability and insecurity, and calling for the Malian government to devote appropriate law enforcement resources in this regard and encouraging international, regional and sub-regional cooperation and support to the Malian Government in this endeavor,
“Strongly condemning the activities in Mali and in the Sahel region of terrorist organizations, including the Mouvement pour l’unicité et le jihad en Afrique de l’Ouest (MUJAO), Al-Qaida in the Islamic Maghreb (AQIM), Al-Mourabitoun, Ansar Eddine, and associated individuals and groups such as Jama’at Nusrat al‑Islam wal-Muslimin (Group for the Support of Islam and Muslims), Islamic State in Greater Sahara and Ansaroul Islam, which continue to operate in Mali and constitute a threat to peace and security in the region and beyond, as well as human rights abuses and violence against civilians, notably women and children, committed in Mali and in the region by terrorist groups,
“Recalling the listing of MUJAO, the Organisation of Al-Qaida in the Islamic Maghreb, Ansar Eddine and its leader Iyad Ag Ghali, and Al-Mourabitoun on the ISIL (Da’esh) and Al-Qaida sanctions list established pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015), and reiterating its readiness, under the above-mentioned regime, to sanction further individuals, groups, undertakings and entities who are associated with ISIL (Da’esh), Al-Qaida and other listed entities or individuals, including AQIM, Al Mourabitoun and Ansar Eddine, in accordance with the established listing criteria,
“Strongly condemning the continuing attacks, including terrorist attacks against civilians, the Malian defense and security forces, the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) and the French forces, underlining the need to bring perpetrators, organizers, financiers and sponsors of these reprehensible acts of terrorism to justice, and urging the Government of Mali to take measures to ensure that those responsible for these attacks are held accountable,
“Strongly condemning the incidents of kidnapping and hostage-taking with the aim of raising funds or gaining political concessions, reiterating its determination to prevent kidnapping and hostage-taking in the Sahel region and to secure the safe release of hostages without ransom payments or political concessions, in accordance with applicable international law, recalling its resolutions 2133 (2014), 2253 (2015) and 2368 (2017) and including its call upon all Member States to prevent terrorists from benefitting directly or indirectly from the payment of ransoms or from political concessions and to secure the safe release of hostages and, in this regard, noting the publication of the Global Counterterrorism Forum’s (GCTF) “Algiers Memorandum on Good Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists”,
“Strongly condemning all abuses and violations of human rights and violations of international humanitarian law in Mali, including those involving extrajudicial and summary executions, arbitrary arrests and detentions and ill-treatment of persons whose liberty has been restricted, sexual and gender-based violence, as well as killing, maiming, recruitment and use of children, attacks against schools and hospitals, calling on all parties to respect the civilian character of schools as such in accordance with international humanitarian law and to cease unlawful and arbitrary detention of all children, and calling upon all parties to bring an end to such violations and abuses and to comply with their obligations under applicable international law,
“Emphasizing the need for all parties to uphold and respect the humanitarian principles of humanity, neutrality, impartiality and independence in order to ensure the continued provision of humanitarian assistance, the safety and protection of civilians receiving assistance and the security of humanitarian personnel operating in Mali, stressing the importance of humanitarian assistance being delivered on the basis of need, reiterating that all parties must allow and facilitate full, safe, and unhindered access for the timely delivery of aid to all persons in need across Mali,
“Noting with grave concern the involvement of non-state actors, notably terrorist groups, in the destruction of cultural heritage and the trafficking in cultural property and related offences and further taking note of the fact that on 27 September 2016 the ICC found Mr. Al Mahdi guilty of the war crime of intentionally directing attacks against religious and historical monuments in Timbuktu,
“Welcoming the continued action by the French forces, at the request and in support of the Malian authorities, to deter the terrorist threat in the North of Mali,
“Welcoming the deployment of the Force Conjointe des Etats du G5 Sahel (FC‑G5S), underlining that the FC-G5S efforts to counter the activities of terrorist groups and other organized criminal groups will contribute to create a more secure environment in the Sahel region, with a view to supporting MINUSMA fulfil its mandate to stabilize Mali,
“Commending the role of the European Union Training Mission (EUTM Mali) in Mali in providing training and advice for the Malian Defence and Security Forces, including contributing to the strengthening of civilian authority and respect for human rights, and of the European Union Capacity Building Mission (EUCAP Sahel Mali) in providing strategic advice and training for the Police, Gendarmerie and Garde nationale in Mali,
“Recalling the mandate of MINUSMA as outlined in resolution 2364 (2017), reiterating its strong support for the Special Representative of the Secretary-General for Mali, and for MINUSMA to assist the Malian authorities and the Malian people in their efforts to bring lasting peace and stability to their country, bearing in mind the primary responsibility of the Malian authorities to protect the population, and welcoming the stabilizing effect of the international presence in Mali, including MINUSMA,
“Recalling the provisions of the Agreement calling upon the Security Council to give its full support to the Agreement, to closely monitor its implementation and, if necessary, to take measures against anyone hindering the implementation of the commitments contained therein or the realization of its objectives,
“Recalling the provisions of resolution 2364 (2017) expressing the readiness of the Security Council to consider targeted sanctions against those who take actions to obstruct or threaten the implementation of the Agreement, those who resume hostilities and violate the ceasefire, those who attack and take actions to threaten MINUSMA and other international presences, as well as those who provide support to such attacks and actions,
“Taking note of the letter of the Government of Mali to the President of the Security Council of 9 August 2017 underlining that the repeated violations of the ceasefire since the beginning of June 2017, particularly in the Kidal region, pose serious threats to the fragile gains made in implementing the Agreement, and thus requesting the Security Council, in order to address the many obstacles to the implementation of the Agreement, to immediately establish a regime of targeted sanctions against those responsible for obstructing the implementation of the Agreement,
“Determining that the situation in Mali continues to constitute a threat to international peace and security in the region,
“Acting under Chapter VII of the Charter of the United Nations,
Travel ban
“1. Decides that, for an initial period of one year from the date of the adoption of this resolution, all Member States shall take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee established pursuant to paragraph 9 below, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory;
“2. Decides that the measures imposed by paragraph 1 above shall not apply:
(a) Where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation;
(b) Where entry or transit is necessary for the fulfilment of a judicial process;
(c) Where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in Mali and stability in the region;
“3. Emphasizes that violations of the travel ban can undermine the peace, stability or security of Mali, observes that individuals who knowingly facilitate the travel of a listed individual in violation of the travel ban may be determined by the Committee to have met the designation criteria provided for in this resolution and calls upon all parties and all Member States to cooperate with the Committee as well as the Panel of experts established pursuant to paragraph 11 below on the implementation of the travel ban;
Asset freeze
“4. Decides that, for an initial period of one year from the date of the adoption of this resolution, all Member States shall freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by the individuals or entities designated by the Committee, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, and decides further that all Member States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, directly or indirectly to or for the benefit of the individuals or entities designated by the Committee;
“5. Decides that the measures imposed by paragraph 4 above do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States:
(a) To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification;
(b) To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State or Member States to the Committee and has been approved by the Committee;
(c) To be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into effect prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant State or Member States to the Committee;
(d) Where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in Mali and stability in the region;
“6. Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 4 above of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen;
“7. Decides that the measures in paragraph 4 above shall not prevent a designated person or entity from making payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant States have determined that the payment is not directly or indirectly received by a person or entity designated pursuant to paragraph X above, and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization;
Designation criteria
“8. Decides that the measures contained in paragraph 1 shall apply to individuals, and that the measures contained in paragraph 4 shall apply to individuals and entities, as designated for such measures by the Committee as responsible for or complicit in, or having engaged in, directly or indirectly, the following actions or policies that threaten the peace, security, or stability of Mali:
(a) Engaging in hostilities in violation of the Agreement;
(b) Actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement;
(c) Acting for or on behalf of or at the direction of or otherwise supporting or financing individuals and entities identified in subparagraphs (a) and (b) above, including through the proceeds from organized crime, including the production and trafficking of narcotic drugs and their precursors originating in or transiting through Mali, the trafficking in persons and the smuggling of migrants, the smuggling and trafficking of arms as well as the trafficking in cultural property;
(d) Involvement in planning, directing, sponsoring, or conducting attacks against: (i) the various entities referenced in the Agreement, including local, regional and state institutions, joint patrols and the Malian Security and Defense forces; (ii) MINUSMA peacekeepers and other UN and associated personnel, including members of the Panel of experts; (iii) international security presences, including the FC-G5S, European Union Missions and French forces;
(e) Obstructing the delivery of humanitarian assistance to Mali, or access to, or distribution of, humanitarian assistance in Mali;
(f) Planning, directing, or committing acts in Mali that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving the targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge;
(g) The use or recruitment of children by armed groups or armed forces in violation of applicable international law, in the context of the armed conflict in Mali;
New Sanctions Committee
“9. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein “the Committee”), to undertake to following tasks:
(a) To monitor implementation of the measures imposed in paragraphs 1 and 4 above;
(b) To designate those individuals and entities subject to the measures imposed by paragraph 4, to review information regarding those individuals, and to consider requests for exemptions in accordance with paragraph 5 above;
(c) To designate those individuals subject to the measures imposed by paragraph 1, to review information regarding those individuals, and to consider requests for exemptions in accordance with paragraph 2 above;
(d) To establish such guidelines as may be necessary to facilitate the implementation of the measures imposed above;
(e) To encourage a dialogue between the Committee and interested Member States and international, regional and subregional organizations, in particular those in the region, including by inviting representatives of such States or organizations to meet with the Committee to discuss implementation of the measures;
(f) To seek from all States and international, regional and sub-regional organizations whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed above;
(g) To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in this resolution;
“10. Requests the Secretary-General to make the necessary financial arrangements to enable the Committee to undertake the tasks mentioned in paragraph 9 above;
Panel of experts
“11. Requests the Secretary-General to create, for an initial period of thirteen months from the adoption of this resolution, in consultation with the Committee, a group of up to five experts (“Panel of experts”), under the direction of the Committee, and to make the necessary financial and security arrangements to support the work of the Panel, expresses its intent to consider the renewal of this mandate no later than 12 months after the adoption of this resolution, and decides that the Panel shall carry out the following tasks:
(a) Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee with information relevant to the potential designation at a later stage of individuals who may be engaging in the activities described in paragraph 8 above;
(b) Gather, examine and analyse information from States, relevant United Nations bodies, regional organizations and other interested parties regarding the implementation of the measures decided in this resolution, in particular incidents of non-compliance;
(c) Provide to the Council, after discussion with the Committee, an interim update by March, 1, 2018, and a final report by September, 1, 2018, and periodic updates in between;
(d) To assist the Committee in refining and updating information on the list of individuals subject to measures imposed by paragraphs 1 and 4 above, including through the provision of biometric information and additional information for the publicly-available narrative summary of reasons for listing;
(e) To cooperate closely with INTERPOL and the United Nations Office on Drugs and Crime (UNODC), as appropriate;
“12. Requests that the Panel of experts has the necessary gender expertise, in line with paragraph 6 of resolution 2242 (2015);
“13. Notes that the selection process of the experts composing the Panel should prioritize appointing individuals with the strongest qualifications to fulfil the duties described above while paying due regard to the importance of regional and gender representation in the recruitment process;
“14. Directs the Panel of experts to cooperate with other relevant expert groups established by the Security Council to support the work of its Sanctions Committees, including the Panel of experts established by resolution 1973 (2011) concerning Libya and the Analytical Support and Sanctions Monitoring Team pursuant to resolutions 1526 (2004) and 2368 (2017) concerning ISIL (Da’esh), Al‑Qaida and the Taliban and associated individuals and entities;
“15. Urges all parties and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of experts and further urges all Member States involved to ensure the safety of the members of the Panel of experts and unhindered access, in particular to persons, documents and sites in order for the Panel of experts to execute its mandate;
Role of MINUSMA
“16. Encourages timely information exchange between MINUSMA and the Panel of experts, and requests MINUSMA to assist the Committee and the Panel of experts, within its mandate and capabilities;
Reporting and review
“17. Calls upon all States, particularly those in the region, to actively implement the measures contained in this resolution and to regularly report to the Committee on the actions they have taken to implement the measures imposed by paragraphs 1 and 4 above;
“18. Requests the Committee to report orally, through its Chair, at least once per year to the Council, on the state of the overall work of the Committee, including alongside the Special Representative of the Secretary-General for Mali on the situation in Mali as appropriate, and encourages the Chair to hold regular briefings for all interested Member States;
“19. Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative for Sexual Violence in Conflict to share relevant information with the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011);
“20. Affirms that it shall keep the situation in Mali under continuous review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including the strengthening through additional measures, modification, suspension or lifting of the measures, as may be needed at any time in light of the progress achieved in the stabilization of the country and compliance with this resolution;
“21. Decides to remain actively seized of the matter.”