152 Political and security questions

Chapter II Political and security questions Africa

In 2005, Africa showed measured progress to- of its vital natural resources. The apprehension wards resolving the many ongoing conflict situa- of former Liberian leader Charles Taylor for tions that had beset the continent over the past prosecution by the Special Court for Sierra Le- decade, although there were grim reminders of one was deemed a priority by the Security Coun- the need for firmer international action to help cil. In Sierra Leone, the United Nations contin- resolve fully those conflicts and bring peace and ued to help in laying the foundation for the prosperity to the populations concerned. The country to achieve lasting stability, democracy year witnessed the successful transition from and prosperity. Sierra Leone made further pro- peacekeeping to peacebuilding in several coun- gress in meeting the benchmarks set by the Coun- tries in Central Africa and the Great Lakes re- cil to allow the United Nations Mission in Sierra gion, thereby facilitating the complex transition Leone to continue to implement its plan for with- processes in those countries. The United drawing its forces deployed there. At the request Nations, in partnership with the African Union of the President of Sierra Leone, and given the (AU) and other regional organizations and inter- continuing instability in the Mano River Basin national actors, supported elections in Burundi subregion, the Council established the United in June and July. That paved the way for the Nations Office in Sierra Leone to assist the Gov- election of Pierre Nkurunziza as President by the ernment in consolidating peace, building na- Joint Parliamentary Congress, whose inaugura- tional conflict prevention capacity and preparing tion marked the formal conclusion of the transi- for elections in 2007. The Government was able tional process to a democratically elected Gov- to take control of its diamond-mining sector, re- ernment. Similarly, in the Central African patriate some 272,000 refugees and establish a Republic, the election of General François Bozizé national human rights commission. Cameroon in June as President marked that country’s re- and Nigeria continued to cooperate in resolving turn to constitutional order. Meanwhile, in the their border issues. Both countries, despite some Democratic Republic of the Congo, preparations delays, took action to begin, with international as- were under way for national elections scheduled sistance, the planned withdrawal and transfer of to be held in 2006. In preparation for that event, authority in the Bakassi Peninsula and to begin the country successfully held a referendum on a the demarcation of the land boundary. However, new Constitution in December. However, key those developments were overshadowed by the challenges remained, including the daunting continuing conflict in Côte d’Ivoire, where the task of consolidating peace by bringing the rebel parties failed to live up to their commitments. groups into the peace process, concluding the Key benchmarks in the implementation of the disarmament, demobilization and reintegration 2003 Linas-Marcoussis Agreement were not met, programmes for ex-combatants, promoting na- such as the target date for the completion of de- tional reconciliation and creating conditions for mobilization and the constitutional deadline for economic and social rehabilitation and develop- holding presidential elections in October. In ment. those circumstances, the AU and the Economic In West Africa, several countries were on the Community of West African States extended path towards economic and democratic reforms President Gbagbo’s term for one year, appointed as the intensity of conflicts lessened. Elections a Prime Minister and established bodies to over- were successfully held in Liberia, which were won see the peace process. In Guinea-Bissau, contro- by Ellen Johnson-Sirleaf, thereby becoming the versies over the eligibility of the two presidential President-elect. Her inauguration in early 2006 candidates and the election results later in the would also mark a return to constitutional gov- year created a highly polarized atmosphere in the ernment in Liberia. Progress was also made in re- country. The Secretary-General revised the man- storing State authority and addressing concerns date of the United Nations Office in Guinea- about corruption in the National Transitional Bissau to facilitate its new role in the transition Government. In that regard, a governance and process. The United Nations also supported the economic management assistance programme Government of Togo in addressing the political was developed to help the country regain control crisis arising from the sudden death of President

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Gnassingbé Eyadema, in preserving the stability relocate its staff to Ethiopia until it reviewed fu- of the country and ensuring a peaceful transition ture plans for the Mission. of power consistent with the Constitution and The question of the future of the Western Sa- rule of law. Political upheavals and incidents of hara remained unresolved. In an effort to break violence occurred following the elections, amidst the deadlock, the Secretary-General appointed a allegations of human rights violations. Based on new Personal Envoy to explore with the parties the report of a fact-finding mission dispatched to and neighbours how best to achieve a mutually Togo by the United Nations High Commissioner acceptable solution. Morocco continued to refuse for Human Rights to investigate those allega- to accept a referendum that would include the tions, the Government indicated its willingness to option of independence, while the Frente Popular take action to prevent further violence and ad- para la Liberación de Saguía El-Hamra y de Río dress the problems leading to such misconduct. de Oro continued to insist that the only way for- ward was to implement the 2003 peace plan pro- The ongoing conflicts in the Horn of Africa posed by the Special Envoy or the 1991 settlement continued to take centre stage, as the United plan proposed by the Secretary-General. Nations and the international community spared no effort in trying to resolve them. In the Sudan, the 21-year civil war between the north and south of the country ended in January with the signing Promotion of peace in Africa by the parties of the Comprehensive Peace Agreement, setting out new arrangements for power- and wealth-sharing. The Government of In 2005, the United Nations continued on- National Unity was established in September and going efforts to identify and tackle the root the government of southern Sudan in December. causes of conflict in Africa and to consider ways In March, the Security Council set up the United to promote sustainable peace and development Nations Mission in Sudan to oversee the imple- on the continent. In March, the Security Council mentation of the Comprehensive Peace Agree- discussed the African dimension of its work and ment. Hopes that the new political arrangement explored how to improve its effectiveness in ad- would lead to a solution to the crisis in the Darfur dressing related issues. Several Council members region in western Sudan were not realized, as the highlighted the root causes of conflicts on the conflict there continued unabated. The Council continent and the need to combine peace and se- tightened its sanctions in the face of the contin- curity efforts with long-term development strate- ued refusal of the Government to accept a UN gies and to strengthen cooperation with regional peacekeeping force to assist the AU Force de- and subregional organizations, particularly the ployed there. The Council sent an assessment African Union (AU), in conflict prevention and mission to Darfur to examine the human rights management on the continent. In September, the situation and, based on its recommendations, de- Council adopted a declaration on strengthening cided to refer the cases of violation of interna- the effectiveness of its role in conflict prevention, tional human rights and humanitarian law to the particularly in Africa. The Secretary-General re- International Criminal Court. In Somalia, the ported on the implementation of his 1998recom- fledgling Transitional Federal Government mendations for tackling the root causes of con- based in Nairobi, Kenya, relocated to Somalia, flict and the promotion of durable peace in but was not operational for most of the year due Africa, highlighting progress made and remain- to a dispute over the site of the relocation and the ing challenges. The Office of the Special Adviser composition of the interim peace support mis- on Africa (OSAA), headed by Ibrahim Gambari sion sponsored by the Intergovernmental Au- (Nigeria), continued to serve as the focal point for thority on Development. The border dispute be- monitoring the implementation of those recom- tween Eritrea and Ethiopia remained unsettled. mendations and for enhancing international The Eritrea-Ethiopia Boundary Commission efforts to promote peace on the continent. In De- failed to advance its demarcation activities, cember, the Secretary-General extended the ap- stalled since 2003 by Ethiopia’s rejection of sig- pointment of his Geneva-based Special Adviser nificant parts of the Commission’s 2002 final and on Africa, Mohamed Sahnoun (Algeria), until 31 binding delimitation decision and Eritrea’s insis- December 2006. tence on its implementation. Eritrea, contrary to Working Group. On 5 January [S/2005/4], the the Council’s demand, increased its restrictions Security Council President said that following on the United Nations Mission in Ethiopia and consultations among Council members, it was Eritrea, including the request for certain nation- agreed that Mr. Joël W. Adechi (Benin) would alities to leave the country. The Council agreed to serve as Chairman of the Ad Hoc Working Group

YUN05—4th proofs Dec. 24 2007 154 Political and security questions on Conflict Prevention and Resolution in Africa of the Council’s monthly deliberations. Noting until the end of 2005. However, on 26 June, Mr. that the Council could do more to help address Adechi relinquished the office and Mr. Jean- conflicts and related problems in Africa, dele- Francis R. Zinsou (Benin) took over as Acting gates stressed, among other things, the need to Chairman until 19October. By a 20 October note strengthen cooperation with African regional [S/2005/660], the Council President announced and subregional organizations, particularly the that Council members had agreed that Mr. Si- African Union (AU), in preventing and managing mon Bodéhoussè Idohou (Benin) would serve as conflicts on the continent and the importance of Chairman of the Group until the end of 2005. On combining peace and security efforts with long- 21 December [S/2005/814], the President said that term development strategies. References were Council members had agreed that the Group made to the importance of institutional dialogue would continue its work until 31December 2006. among the principal bodies of the United Nations, The Working Group, established in 2002 [YUN particularly the Security Council and the Eco- 2002, p. 93] to monitor the implementation of nomic and Social Council, and to the greater in- Council recommendations relating to its role in volvement of international financial institutions, conflict prevention and resolution in Africa, re- programmes and agencies. Delegations also re- ported in December [S/2005/833] on its 2005 activi- ferred to the Secretary-General’s recommenda- ties. It monitored and contributed to the Coun- tions contained in his report entitled “In larger cil’s work on improving ways to better address freedom” (see p. 67), especially regarding the crises in Africa by promoting a common under- establishment of a peacebuilding commission. standing of related issues. In particular, it forged The Council President, speaking in his a larger consensus on the need to develop a cul- capacity as the representative of Brazil, noted ture of proactive prevention of conflict. It ac- that the Council had held up to 25 meetings in 24 corded particular attention to the importance days on Africa during the month of March, which of peacebuilding in Africa, within the context indicated that the Council had not been effective of discussions on the establishment of a Peace- enough in early crisis identification and conflict building Commission that might help improve avoidance. The Council, therefore, needed to evolve cooperation between the Security Council and from the logic of conflict resolution to that of the Economic and Social Council in addressing prevention, and a new dimension—sustainability— relevant matters. needed to be added to its approach to work. He During the year, the Working Group held two emphasized that the Council was responsible for major events: a policy forum (New York, 13 June) peace and security that could be sustained over on the role of the Security Council in enhancing time and not for a year or two or the short period UN capacity for conflict prevention, which un- when a peacekeeping operation was deployed. derlined the need to shift from a culture of reac- Council efforts to provide security and ensure tion to crises to that of prevention, both in pre- that fragile peace processes flourished de- and post-conflict situations; and a seminar (New manded military action and parallel concrete York, 15 December) on cooperation between measures to lead people out of the vicious circle the United Nations and African regional organi- of hopelessness and provide for sustainable zations in the field of peace and security [S/2005/ peace. The Council’s decision-making process 828], which outlined concrete steps to support the would be substantially improved by making use African Peace and Security Architecture of the of first-hand information regarding conflicts in African Union and to integrate it fully into the Africa, as was provided recently when the Coun- system of collective peace and security estab- cil was briefed by the representative of AU Media- lished by the UN Charter. tors on the crisis in Côte d’Ivoire. Further im- Security Council consideration. The Security provement could be ensured through more Council, on 30 March [meeting 5156], discussed the Council missions to countries in conflict, which African dimension of its work on how to improve often provided a unique opportunity for mem- its effectiveness in addressing African issues and bers to engage in the realities of the conflicts with its current agenda and methods of work. To facil- which the Council was seized. Dialogue with in- itate the deliberations, the Council President pre- ternational and local non-governmental organi- pared a background document [S/2005/188] out- zations (NGOs) or civil society representatives lining the objectives and scope of the discussion. should also be initiated. The Council President Several Council members, pointing to the many stressed the need for closer cooperation between conflict situations in Africa and the associated peacekeeping and political missions deployed on threats to international peace and security, noted the continent, increased international support in that the continent was the main host of UN terms of the requisite resources for facilitating peacekeeping operations and the focus of much peace processes in Africa and combating impu-

YUN05—4th proofs Dec. 24 2007 Africa 155 nity by bringing perpetrators of wrongdoing to In a 19December briefing to the Council [meet- justice in local courts and international criminal ing 5332], the Chairman of the Ad Hoc Working tribunals. Group on Conflict Prevention and Resolution in On 30 June [meeting 5220], the Council deliber- Africa said that the Group’s activities in 2005 em- ated on Africa’s food crisis as a threat to peace phasized ways and means of meeting the chal- and security. Addressing the Council, the Execu- lenge of preventing threats to the collective secu- tive Director of the World Food Programme rity of the international community and of (WFP) said the greatest humanitarian crisis cur- addressing the related question of conflict pre- rently facing the world was not in Darfur (Sudan) vention and resolution, within the contexts of on- or Afghanistan or the Democratic People’s Re- going UN reform efforts and of implementing public of Korea. It was the gradual disintegration the Millennium Development Goals. As several of the social structures in southern Africa, and African countries continued to suffer from con- hunger was at its core. The lethal mix of AIDS,re- flict situations and the continent faced complex curring drought and failing governance and difficulties that could cause those emerging from capacity was eroding social and political stability. conflict to relapse into violence, the Group felt The AIDS pandemic, in particular, which claimed that it should take an active part in the debate on one million lives in the region in 2004 and which how to reform the UN and enhance its effective- had reduced life expectancy there by 20 years, ness in the area of conflict prevention and resolu- was directly undermining the capacity of com- tion in Africa. In doing so, it had contributed to munities to produce enough food for themselves. forging a consensus on important issues of rele- It was currently estimated that some 8.3 million vance to its work and had drawn up a programme people would need food aid in southern Africa, of work identifying some general or specific largely owing to the lack of adequate rainfall be- issues raised in the Council in order to highlight tween January and March, and for the continent the need to develop a comprehensive strategy as a whole, one out of every three Africans had for conflict prevention and to harmonize the ap- been malnourished in the past 10 years. The Ex- proach to African questions by the United ecutive Director defined hunger as a symptom of Nations, particularly the Security Council. failed harvest and of the failure to cope with nat- ural disaster and overcome social inequities, eth- SECURITY COUNCIL ACTION nic strife and racial hatred. He noted that the re- On 14 September [meeting 5261], the Security lationship between hunger and conflict was Council unanimously adopted resolution 1625 similar to that between hunger and poverty, as (2005). The draft [S/2005/578] was prepared in hunger was both a cause and effect of poverty and consultations among Council members. political conflict. In that regard, competition for The Security Council, limited food resources could ignite violence and Decides to adopt the attached declaration on instability, as illustrated in a number of conflict strengthening the effectiveness of the role of the Secu- situations in Africa, notably in the Sudan rity Council in conflict prevention, particularly in (Darfur), Mauritania and Senegal. He described Africa. adequate food aid as a critical component for fa- Annex cilitating peace processes in many African coun- tries emerging from conflict, particularly with The Security Council, regard to disarmament, demobilization and rein- Meeting on 14 September 2005 at the level of Heads tegration efforts. It was also a tool to support edu- of State and Government to discuss how to strengthen the effectiveness of the role of the Security Council in cation, help rebuild communities and afford peo- the prevention of armed conflict, particularly in ple the means to safeguard their own welfare. Africa, The Executive Director described the extent of Reaffirming its commitment to the purposes and prin- WFP’s food aid delivery programme in Africa and ciples of the Charter of the United Nations, addressed related concerns and questions raised Bearing in mind its primary responsibility for the by Council members. On the question of what maintenance of international peace and security, was required to cover the total needs of Africa, Deeply concerned by the high human cost and mate- the Executive Director estimated that an annual rial losses caused by armed conflicts, and recognizing sum of $5 billion would be required to look after that peace, security and development are mutually re- some 115 million people on the continent who inforcing, including in the prevention of armed con- flict, needed help, comprising 93 million children and Reaffirming the importance of adhering to the prin- their mothers. To achieve that, there was a need ciples of refraining, in international relations, from for a global movement which would adopt the the threat or the use of force in any manner inconsis- position that it was no longer acceptable for tent with the purposes of the United Nations, and of children to go hungry. peaceful settlement of international disputes,

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Reaffirming also the need to adopt a broad strategy countries, in enhancing national dispute management of conflict prevention which addresses the root causes capacities, and in addressing the root causes of armed of armed conflict and political and social crises in a conflict; comprehensive manner, including by promoting sus- (c) To promote coordination with regional conflict tainable development, poverty eradication, national management machinery in Africa which would pro- reconciliation, good governance, democracy, gender vide the Council with additional reliable and timely in- equality, the rule of law and respect for and protection formation to facilitate rapid decision-making; of human rights, 4. Stresses the importance of establishing effective Recognizing the need to strengthen the important comprehensive strategies of conflict prevention, fo- role of the United Nations in the prevention of violent cused on averting negative developments in the secu- conflicts, and to develop effective partnerships be- rity, economic, social and humanitarian sectors and in tween the Council and regional organizations, in par- the field of governance and human rights in countries ticular the African Union and its subregional organi- which are facing crises, with special attention to: zations, in order to enable early responses to disputes (a) Developing quick-win activities to prevent con- and emerging crises, flicts arising from competition for economic re- Recalling the Constitutive Act of the African Union, sources, and to monitoring tension arising from eco- the Protocol relating to the Establishment of the Peace nomic and social issues; and Security Council of the African Union, and the (b) Encouraging United Nations regional offices to African Union Non-Aggression and Common Defence facilitate the implementation of strategies aimed at Pact adopted in Abuja on 31 January 2005, as well as curbing illicit cross-border activities; the African Union position on unconstitutional (c) Strengthening the capacities of civil society changes of government, as stated in the 1999 Algiers groups, including women’s groups, working to pro- Decision and the 2000 Lomé Declaration, mote a culture of peace, and to mobilize donors to Recognizing the important supporting roles played support these efforts; by civil society, men and women, in conflict prevention, (d) Developing policy measures to foster good gov- and the need to take into account all possible contribu- ernance and the protection of human rights in order to tions from civil society, strengthen weakened or collapsed governance mecha- 1. Expresses its determination to enhance the effective- nisms and to end the culture of impunity; ness of the United Nations in preventing armed con- (e) Promoting the fairness and transparency of elec- flicts and to monitor closely situations of potential toral processes; armed conflict; 5. Stresses also the critical importance of a regional 2. Affirms its determination to strengthen United approach to conflict prevention, particularly to pro- Nations conflict prevention capacities by: grammes of disarmament, demobilization and reinte- (a) Assessing regularly the developments in regions gration, as well as the effective and sustainable reinte- at risk of armed conflict and encouraging the gration of ex-combatants; Secretary-General to provide information to the Secu- 6. Reaffirms its determination to take action against rity Council on such developments pursuant to Article illegal exploitation of and trafficking in natural re- 99 of the Charter of the United Nations; sources and high-value commodities in areas where it (b) Promoting the follow-up of preventive diplo- contributes to the outbreak, escalation or continuation macy initiatives of the Secretary-General; of armed conflict; (c) Supporting regional mediation initiatives in 7. Calls for the strengthening of cooperation and close consultation with regional and subregional orga- communication between the United Nations and re- nizations concerned; gional or subregional organizations or arrangements, (d) Supporting regional and subregional capacities in accordance with Chapter VIII of the Charter, par- for early warning to help them in working out appro- ticularly with respect to mediation initiatives; priate mechanisms to enable prompt action in reaction 8. Encourages all African States to adhere to the to early warning indicators; African Union Non-Aggression and Common Defence (e) Requesting, as necessary and appropriate, infor- Pact adopted in Abuja on 31 January 2005, and to sign, mation and assistance from the Economic and Social where appropriate, subregional pacts on peace, secu- Council in accordance with Article 65 of the Charter; rity, democracy, good governance and development, (f) Taking measures to contribute to combating the and calls upon the United Nations system and the in- illicit trade in arms in all its aspects and the use of mer- ternational community to support the implementation cenaries; of the pacts; (g) Helping to enhance durable institutions condu- 9. Encourages African countries to continue to work cive to peace, stability and sustainable development; closely with the United Nations Secretariat and United (h) Supporting efforts of African States to build in- Nations regional offices in the implementation of dependent and reliable national judicial institutions; measures aimed at securing peace, security, stability, 3. Requests the Secretary-General: democracy and sustainable development consistent (a) To provide to the Security Council regular re- with the objectives of the New Partnership for Africa’s ports and analysis of developments in regions of po- Development; tential armed conflict, particularly in Africa, and, as 10. Urges the international community, including appropriate, a presentation of ongoing preventive di- the United Nations system and international financial plomacy initiatives; institutions, to support African countries in their (b) To assist countries at risk of armed conflict in efforts to achieve the above objectives, and in this re- performing strategic conflict risk assessments, in im- spect welcomes the decisions taken by the summit of plementing the measures agreed to by the concerned the Group of Eight, held in Gleneagles, United King-

YUN05—4th proofs Dec. 24 2007 Africa 157 dom of Great Britain and Northern Ireland, from 6 to periences and ideas on improving the design and 8 July 2005, for combating poverty in Africa; implementation of those programmes to better 11. Urges all African States and the international sustain peace on the continent, and took initia- community to cooperate fully in developing the capac- tives to promote and facilitate UN system support ities of African regional and subregional organizations to deploy both civilian and military assets quickly for Africa’s economic recovery within the frame- when needed, including the development of the Afri- work of the New Partnership for Africa’s Devel- can Union’s African Standby Force, welcomes bilateral opment (NEPAD) (see p. 1003). and multilateral programmes developed to this end, In December, the General Assembly,in resolu- and expresses its support for the proposal of the tion 60/223 (see p. 158), stressed the importance Secretary-General to establish a ten-year capacity- of enabling the Office of the Special Adviser on building programme for the African Union; Africa to better fulfil its role as the focal point 12. Decides to remain seized of the matter. within the Secretariat for monitoring the imple- mentation of the recommendations contained in Office of the Special Adviser on Africa the Secretary-General’s report on the causes of In 2005, the New York-based Office of the Spe- conflict and promotion of durable peace and sus- cial Adviser on Africa (OSAA), established by the tainable development in Africa. terms of General Assembly resolutions 57/7 [YUN 2002, p. 910] and 57/300 [YUN 2002, p. 1353], contin- Implementation of Secretary-General’s ued efforts to support the Organization’s deliber- 1998 recommendations on promotion of peace ations on Africa, to enhance international efforts Report of Secretary-General. In response to to promote peace and development on the conti- General Assembly resolution 59/255 [YUN 2004, nent through analytical and advocacy-oriented p. 112], the Secretary-General submitted on 1 Au- activities and to assist the Secretary-General in gust a report [A/60/182] on the implementation of related matters. In particular, OSAA continued to the recommendations contained in his 1998 re- serve as the focal point for monitoring the imple- port on the causes of conflict and promotion of mentation of the recommendations contained in durable peace and sustainable development in the Secretary-General’s 1998 report [YUN 1998, Africa [YUN 1998, p. 66]. Updating developments p. 66] on the causes of conflict and the promotion since his follow-up report on the subject [YUN of durable peace and sustainable development in 2004, p. 111], the report reviewed recent action Africa. In that regard, it played a lead role in pre- taken in implementing those recommendations, paring the Secretary-General’s 2005 progress particularly regarding progress made in peace- report on the implementation of the recommen- making and peacekeeping. It also highlighted re- dations in his 1998 report (see below), which maining challenges and constraints and pro- highlighted the need for special attention to post- posed measures to better consolidate peace on conflict reconstruction and peacebuilding and the continent. for increased conflict prevention and resolution The report noted that many recent trends in efforts. Analytical work undertaken by OSAA Africa had been positive, especially the fact that within the year on related topics focused on “hu- the number of major conflicts on the continent man security in Africa”—the concept of protect- had further dropped from six in 2004 to three in ing and empowering people at the individual and 2005, a tremendous improvement from 1998 community levels—as an essential condition to when the number stood at 14.Furthermore, most national and international security; “peace con- African countries enjoyed relatively stable politi- solidation in Africa: challenges and opportuni- cal conditions and the majority had democrati- ties”, which reflected on post-conflict civilian cally elected Governments. Other encouraging and military efforts by external and internal ac- developments included the establishment of the tors to prevent the recurrence of conflict and es- AU African Peer Review Mechanism, created tablish the conditions for durable peace and sus- to support national efforts to enhance political, tainable development; and “conflict in Africa economic and corporate governance, and the and the role of disarmament, demobilization and continent’s improved growth rates, although not reintegration in post-conflict reconstruction”, sufficient to ensure the achievement of the Mil- which recognized the significance of disarma- lennium Development Goal of halving extreme ment and demobilization programmes for the re- poverty by 2015. The report described initiatives establishment of peace, security and stability in taken and the progress achieved towards enhanc- post-conflict situations. ing the environment for peace through peace- OSAA organized an international conference, making and conflict prevention; peacekeeping in cooperation with Sierra Leone (Freetown, 21- by the United Nations and regional organiza- 23 June), on disarmament, demobilization and tions, as well as UN support to the latter; and a reintegration and stability in Africa to share ex- variety of post-conflict peacebuilding and recon-

YUN05—4th proofs Dec. 24 2007 158 Political and security questions struction activities, including the promotion of report also highlighted the need for close coordi- human security and human rights in Africa and nation of all peacekeeping and peace support support in reestablishing governmental struc- activities on the continent, with the active involve- tures and the rule of law. Other activities con- ment of the United Nations. cerned the promotion of a culture of peace, con- trolling the illicit traffic in small arms and light GENERAL ASSEMBLY ACTION weapons, disarmament, demobilization and rein- On 23 December [meeting 69], the General As- tegration and stability, addressing economic and sembly adopted resolution 60/223 [draft: A/60/ social challenges, and mobilizing resources for L.45 & Add.1] without vote [agenda item 66 (b)]. the reintegration of refugees and internally dis- placed persons. Notable progress was also made Implementation of the recommendations contained in the report of the Secretary-General on the in terms of enhancing the role of women in con- causes of conflict and the promotion of durable peace flict prevention and resolution and peace- and sustainable development in Africa building, as well as in financial and technical as- The General Assembly, sistance to address the underlying causes of Recalling the report of the Open-ended Ad Hoc conflict and to support sustainable development. Working Group on the Causes of Conflict and the Pro- Despite those advances, the conditions re- motion of Durable Peace and Sustainable Develop- quired for sustained peace and development had ment in Africa, and its resolutions 53/92 of 7 Decem- ber 1998, 54/234 of 22 December 1999, 55/217 of 21 yet to be consolidated throughout the continent. December 2000, 56/37 of 4 December 2001, 57/296 of Civil strife in the Democratic Republic of the 20 December 2002, 57/337 of 3 July 2003, 58/235 of 23 Congo and in the Darfur region of the Sudan had December 2003 and 59/255 of 23 December 2004, as resulted in great and horrific loss of life, brutal- well as resolution 59/213 of 20 December 2004 on co- ity and human dislocation, and the international operation between the United Nations and the African community’s response to those crises had been Union, slow and inadequate. The Secretary-General’s Recalling also, in this context, Security Council reso- High-level Panel on Threats, Challenges and lutions 1325(2000) of 31 October 2000 on women and peace and security, 1366(2001) of 30 August 2001 on Change [YUN 2004, p. 54] had identified economic the role of the Council in the prevention of armed and social threats, including poverty, infectious conflicts, and 1625(2005) of 14 September 2005 on diseases and environmental degradation, and in- strengthening the effectiveness of the Council’s role in ternal conflicts, including civil war, genocide conflict prevention, especially in Africa, and other large-scale atrocities, as the most Recalling further the creation by the Economic and harmful threats to durable peace and sustainable Social Council, by its resolution 2002/1 of 15 July development in Africa. As such, continuing 2002, of ad hoc advisory groups on African countries efforts and support by the international com- emerging from conflict, munity, including UN organizations, were neces- Having considered the progress report of the Secretary-General on the implementation of the rec- sary to reduce poverty and disease, raise govern- ommendations contained in his report on the causes of mental capacity to provide services and security, conflict and the promotion of durable peace and sus- and sustain peace and development on a long- tainable development in Africa, term basis. It was important for the world com- Recalling the 2005 World Summit Outcome, munity to increase financial, human and techni- through which world leaders reaffirmed their commit- cal resources to advance regional, subregional ment to addressing the special needs of Africa, and national security development efforts in Af- Recognizing that development, peace and security rica, ensuring that an adequate allocation was and human rights are interlinked and mutually rein- dedicated to the capacity-building of regional or- forcing, Noting that conflict prevention and the consolida- ganizations. The AU should establish, as a matter tion of peace would benefit from the coordinated, sus- of priority, a continental early warning system to tained and integrated efforts of the United Nations be complemented with enhanced collaboration system and Member States, and regional and sub- with the United Nations. To help strengthen the regional organizations, as well as international and re- AU’s capacity to take the lead in peacekeeping gional financial institutions, efforts in Africa, the necessary financial support Reaffirming that the implementation of the recom- from the international community was vital. mendations contained in the report of the Secretary- More technical and institutional support to Afri- General on the causes of conflict and the promotion of can organizations was needed in order to develop durable peace and sustainable development in Africa must remain a priority in the agenda of the United common standards and operating procedures for Nations system and for Member States, all peacekeeping operations. In that regard, care- Stressing that the responsibility for peace and secu- ful consideration should be given to the establish- rity in Africa, including the capacity to address the ment of a revolving fund to enable African States root causes of conflict and to resolve conflicts in a to obtain strategic sea and airlift capabilities. The peaceful manner, lies primarily with African coun-

YUN05—4th proofs Dec. 24 2007 Africa 159 tries, while recognizing the need for support from the 8. Urges the United Nations and other relevant international community, partners to support the establishment of the African Underlining the need to address the negative impli- Union continental early warning system as a matter of cations of the illegal exploitation of natural resources priority; in all its aspects on peace, security and development 9. Urges the United Nations and invites other de- in Africa, noting, in this context, the relevant recom- velopment partners to increase their support for the mendations contained in the progress report of the African Union in order to enhance its capacity and ef- Secretary-General, fectiveness in the planning, deployment and manage- Underscoring the need to further strengthen politi- ment of peacekeeping operations and the provision of cal will so as to ensure the financial and technical advanced training to African peacekeepers, recognizes support required for the effective implementation of the important role of the good offices of the Secretary- the recommendations included in the reports of the General in Africa, and encourages the Secretary- Secretary-General, General to use mediation as often as possible to help to Reaffirming the need to strengthen the synergies solve conflicts peacefully, taking due consideration of between Africa’s economic and social development the work performed by the African Union and other programmes and its peace and security agenda, subregional organizations in that regard; 1. Takes note with appreciation of the progress report 10. Welcomes the use of the African Peace Facility of of the Secretary-General on the implementation of the European Union, and initiatives by members of the recommendations contained in his report on the the Group of Eight to build African peacekeeping causes of conflict and the promotion of durable peace capacity, such as the Global Peace Operations Initiative and sustainable development in Africa, including re- of the United States of America and the Reinforce- cent efforts in peacemaking and peacekeeping opera- ment of African Peacekeeping Capacities programme tions and the need for special attention to post-conflict of France, as well as efforts by other international part- reconstruction and peacebuilding; ners to support the implementation of peace initiatives 2. Welcomes the continuing progress in the reduc- undertaken by the African Union and African sub- tion of major conflicts on the continent and the sus- regional organizations; tained efforts in recent times by the African Union, as 11. Also welcomes the decision taken in the 2005 well as by African regional and subregional organiza- World Summit Outcome to establish a Peacebuilding tions, to mediate and resolve conflicts, and notes that Commission as an intergovernmental advisory body to despite the positive trends and advances in Africa, the address the special needs of countries emerging from conditions required for sustained peace and develop- conflict towards recovery, reintegration and recon- ment have yet to be consolidated throughout the conti- struction and to assist them in laying the foundation nent; for sustainable development, and notes that the Com- 3. Notes with concern the continuation on the conti- mission should begin its work no later than 31 Decem- nent, of many situations characterized by various ber 2005; forms of civil strife, including those caused by ethnic, 12. Invites the Commission of the African Union, religious and economic factors, and the role of illegal the secretariat of the New Partnership for Africa’s De- exploitation of natural resources in fuelling conflicts velopment and the United Nations Secretariat to coor- in Africa; dinate their actions with a view to implementing an Af- 4. Supports Africa’s goal of achieving a conflict-free rican-led agenda, deriving from the strategic policy Africa by 2010; framework for post-conflict reconstruction being de- 5. Welcomes the commitments in the areas of peace veloped by the African Union to tackle post-conflict and stability made by the Group of Eight countries in peacebuilding and reconstruction, addressing the the context of the Gleneagles communique adopted at linkages among security, development and humanita- their annual summit, held at Gleneagles, United King- rian dimensions of peace in Africa; dom of Great Britain and Northern Ireland, from 6 to 13 . Calls upon the United Nations system and in- 8 July 2005, and looks forward to the early implemen- vites Member States to assist African countries emerg- tation of these commitments; ing from conflict in their efforts to restore security, 6. Also welcomes the determination of the African provide for the safe return of internally displaced per- Union to strengthen its peacekeeping capacity and to sons and refugees, promote and monitor human rights take the lead in peacekeeping in the continent, in and increase income-generating activities, especially accordance with Chapter VIII of the Charter of the for youth and demobilized ex-combatants; United Nations and in close coordination with the 14 . Stresses the critical importance of a regional ap- United Nations, through the Peace and Security Coun- proach to conflict prevention, particularly regarding cil, as well as ongoing efforts to develop a continental cross-border issues such as disarmament, demobiliza- early warning system, enhanced mediation capacity, tion and reintegration programmes, prevention of ille- including through the establishment of the Panel of gal exploitation and trafficking of natural resources the Wise, and an African standby force; and high-value commodities, and emphasizes the po- 7. Urges African countries, the United Nations tential role of the African Union and subregional organ- system and the international community to increase, izations in addressing the issue of the illicit trade in coordinate and sustain their efforts aimed at address- small arms and light weapons in all its aspects; ing the full range of causes of conflict in Africa by 15. Notes with concern the tragic plight of children in strengthening conflict prevention and resolution and conflict situations in Africa, particularly the growing post-conflict peacebuilding measures and activities, phenomenon of child soldiers, and reiterates the need including the strengthening of African peacekeeping for post-conflict counselling, rehabilitation and educa- capacity; tion;

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16. Also notes with concern that violence against veloped fully its own capacity. The Special Com- women continues and often increases, even as armed mittee recognized that the United Nations could conflicts draw to an end, and urges further progress in make available to the AU a small core planning the implementation of policies and guidelines relating to protection of and assistance for women in conflict and advisory capacity to facilitate the initial plan- and post-conflict situations; ning and start-up processes of an AU-led peace- 17. Calls for the enhancement of the role of women keeping mission. Such core capacity could con- in conflict prevention, conflict resolution, and post- sist of representatives from the Department of conflict peacebuilding and for expanding gender Peacekeeping Operations and its field missions, mainstreaming in the work of United Nations organi- and could be temporarily attached to the AU zations involved in peacemaking, peacekeeping and headquarters. post-conflict reconstruction; 18. Decides to continue to monitor the implementa- On 14September, the Security Council, in res- tion of the recommendations contained in the report olution 1625(2005) (see p. 155), urged African of the Secretary-General on the causes of conflict and States and the international community to fully the promotion of durable peace and sustainable devel- cooperate in developing the capacities of African opment in Africa; regional and subregional organizations to deploy 19 . Stresses the importance of enabling the Office of both civilian and military assets quickly when the Special Adviser on Africa to better fulfil its role as AU the focal point within the Secretariat for monitoring needed, including the development of the Af- the implementation of the recommendations con- rican Standby Force, and welcomed bilateral and tained in the report of the Secretary-General referred multilateral programmes developed towards that to in paragraph 18 above; end. 20. Requests the Secretary-General to submit to the General Assembly at its sixty-first session a progress re- port on the implementation of the present resolution. Central Africa African peacekeeping capacity and Great Lakes region The Special Committee on Peacekeeping Op- erations, at its 2005 substantive session (New York, 31 January–25 February) [A/59/19/Rev.1], continued discussions on the enhancement of Af- The United Nations and the wider interna- rican peacekeeping capabilities. Welcoming AU tional community continued in 2005 to assist the efforts to strengthen its crisis management and States of Central Africa and the Great Lakes re- progress towards the development of an African gion to resolve chronic conflicts and achieve pol- standby force, the Special Committee called itical stability. The United Nations kept in place upon the international community to support its peacekeeping missions in the Democratic Re- those efforts. It advocated, in particular, that public of the Congo (DRC), Burundi and the the United Nations and key strategic partners Central African Republic in support of the on- should increase support for AU efforts to under- going electoral and peace processes in those take and manage peacekeeping operations in Af- countries. As it had done in the previous five rica, and supported the development of a joint years, the Security Council dispatched a mission action plan to address the systemic constraints to assess the overall situation in the region and identified by African States, including in the make recommendations. The United Nations areas of common doctrine and training stand- Standing Advisory Committee on Security Ques- ards, logistical support, funding and institu- tions in Central Africa held its yearly meetings tional capacity. For the effectiveness of such joint also to assess the geopolitical and security situa- action, the Special Committee stressed the im- tion in the region. More importantly, the 11 core portance of enhanced coordination between the States of the 2004 International Conference on United Nations, the AU and subregional organi- Peace, Security, Democracy and Development in zations and non-African partners, including the the Great Lakes Region, in collaboration with AU, European Union (EU) and Group of Eight (G-8) made preparations for a second summit Confer- major industrialized countries. It welcomed the ence in 2006, intended to adopt a regional secu- Secretary-General’s recommendations for en- rity, stability and development pact. hancing African peacekeeping capacity, such Burundi, which had been moving its transi- programmes as staff exchanges and the second- tional process progressively forward, approved its ment of UN peacekeeping personnel to help the Constitution by referendum in February,and, for AU and subregional organizations build a cadre the first time since gaining independence in of qualified civilian and military training staff, 1962, successfully held national elections in June and for the possibility of UN logistical support and July. In August, a Joint Parliamentary Con- to AU peacekeeping missions until the Union de- gress elected Pierre Nkurunziza as President,

YUN05—4th proofs Dec. 24 2007 Africa 161 whose inauguration in the same month marked (elements of the former Rwandan regime, in- the formal conclusion of the transitional process cluding former soldiers of the Forces Armées to a democratically elected Government. Simi- Rwandaises), also operating in the eastern DRC, larly, the Central African Republic, in an elec- made known its intention to disarm uncondition- toral process deemed free, reliable, fair and ally and return to Rwanda. Those statements re- transparent by national and international observ- mained to be put into action. ers, voted for and confirmed General François The United Nations Peace-building Support Bozizé as President and Head of State in June, Office in the Central African Republic (BONUCA) marking the country’s return to constitutional continued to support the Republic’s efforts to re- order since the coup d’état in 2003. The national turn to stability and achieve reconciliation and electoral process was completed in September, reconstruction, following the 2003 coup d’état. when elections at the colline level were held. With the agreement of the Security Council, the In the DRC, where preparations for national Secretary-General extended the mandate of elections were under way, organizational prob- BONUCA for an additional year, until 31 Decem- lems resulted in delays, necessitating the Govern- ber 2006, to help the country build on the success ment of National Unity and Transition to extend of its recent elections. the transition period, as allowed under the terms In December, the General Assembly requested of the 2002 Global and All-Inclusive Agreement the Secretary-General to establish an outreach on the Transition in the Democratic Republic of programme entitled “The Rwanda Genocide and the Congo; the revised electoral timetable called the United Nations”, as well as measures to for elections by 30 June 2006. In December, the mobilize civil society for Rwanda genocide victim DRC successfully held a referendum on the new remembrance and education. Constitution. Meanwhile, the Council increased the strength of the United Nations Organization International Conference on Great Lakes Region Mission in the Democratic Republic of the Congo to provide logistics and security during the elec- toral period. To bolster the efforts of the DRC and Preparations for second summit the Mission to exert military pressure on the On 15 November [S/2005/793], the Secretary- armed groups and movements operating in the General noted that, since the first summit of the eastern part of the country to give up their arms International Conference on Peace, Security, De- and disband, and to stem the flow of illegal mocracy and Development in the Great Lakes arms into the area, the Council, in April, ex- Region [YUN 2004, p. 116], the 11 core countries of panded the scope of its 2003 arms embargo im- the Conference (Angola, Burundi, Central Afri- posed on those groups and movements and, in can Republic, Congo, Democratic Republic of August, renewed the embargo until 31 July 2006. the Congo (DRC), Kenya, Rwanda, Sudan, the At the request of the Council, the Secretary- United Republic of Tanzania, Uganda, Zambia) General re-established the Group of Experts had worked to translate the Declaration adopted monitoring the arms embargo twice, the second by the Conference [ibid.] into common pro- time, until 31 January 2006. grammes of action and protocols under the four Among the key challenges confronting the Conference themes of peace and security, gov- newly elected Government of Burundi in its ernance and democracy, economic development efforts to consolidate peace was to bring the rebel and regional integration, and social and humani- group, Parti pour la libération du peuple hutu- tarian issues. A number of those were selected as Forces nationales de libération, referred to as FNL priorities, which, together with the Declaration, (Rwasa), or Palipehutu-FNL, into the peace pro- were to form a stability and development pact for cess. In the DRC, the Forces démocratiques de the Great Lakes region to be proposed for consid- libération du Rwanda, an anti-Rwanda armed eration by the upcoming second summit of the group operating in the eastern part of the Conference. The extent of implementation of country, issued a statement in March by which the proposed pact as a regional peacebuilding the group, in addition to condemning the 1994 initiative, when adopted, would be the real meas- Rwanda genocide, undertook to renounce the ure of the success of the Conference. use of force and cease all offensive operations The Regional Inter-Ministerial Committee, against Rwanda—a statement which the Council set up by the Conference [ibid.] to prepare draft regarded as a significant opportunity to move to- protocols and programmes of action, met twice wards the return of peace in the DRC, national during the year. At its first meeting (Kigali, reconciliation in Rwanda, and full normalization Rwanda, 15-18 February), the Committee ap- of relations between the two countries. Another proved its structure and functioning, as well as armedgroupcalledtheex-FAR/Interahamwe that of the Regional Preparatory Committee; the

YUN05—4th proofs Dec. 24 2007 162 Political and security questions terms of reference of the draft protocols; pro- the part of national and regional actors; stress the grammes of action and projects; and the plan of importance of achieving sustainable peace, secu- activities for the summit. At its second meeting rity and stability for all countries in the region; (Lusaka, Zambia, 22-23 July), it reviewed and pri- and encourage the peaceful resolution of differ- oritized the draft programmes of action and proj- ences through dialogue and the establishment of ects and discussed follow-up to the second sum- confidence-building measures and mechanisms. mit. The mission would welcome investigative and The Regional Preparatory Committee met preventive action by the United Nations Organi- twice (Kigali, 14-16 February; Lusaka, 18-21 July) zation Mission in the Democratic Republic of the to prepare for the Inter-Ministerial Committee Congo (MONUC) and the United Nations Opera- meetings. Thereafter, it held an extraordinary tion in Burundi (UNOB) in cases of alleged sexual meeting (Luanda, Angola, 26-30 September) to exploitation and abuse by UN personnel, and review the draft documents for submission to a would reaffirm the need for troop-contributing third and final Inter-Ministerial Committee States to take the necessary disciplinary and judi- meeting, rescheduled for 2006, following post- cial measures, and to attend fully to the victims. It ponement of the second summit until after 30 would examine also the question of the use of June 2006, when the political transition in the children in armed conflict. Specific terms of ref- DRC was expected to conclude. erence were also outlined for each of the coun- tries to be visited. Special Representative for Great Lakes Region Mission report. On 14 November [S/2005/716], the mission reported on its visit, the sixth in as On 15 November [S/2005/793], the Secretary- many years. In the DRC, the mission observed the General notified the Security Council that the progress made in the peace and transition pro- mandate of his Special Representative for the cess. President Joseph Kabila and the four Vice- Great Lakes Region, Ibrahima Fall, would expire Presidents stressed that their relationship had on 31December. In view of the Special Represen- improved since the Government of National tative’s involvement with the first (2004) summit Unity and Transition was installed. The mission of the International Conference on the Great insisted on strict adherence to the electoral time- Lakes Region [YUN 2004, p. 116] and the ongoing line for the political transition, which should cul- preparations for the second (2006) summit, the minate in the holding of free elections by 30 June Secretary-General affirmed his intention to ex- 2006, and stressed the need to create socio- tend the mandate until 31 December 2006. economic and political conditions to ensure sta- On 15 December [S/2005/794], the Council re- bility in the post-transitional period. It insisted quested further clarification of the intended ex- that progress in security sector reform was criti- tension of the mandate, detailing the expected cal to the immediate and long-term stability of activities of the Special Representative and his of- the DRC, particularly with regard to the accelera- fice to support the Conference process, based on tion of operations to disarm and repatriate for- the assessment of his role and performance over eign armed groups on its territory, and the re- the previous eight years. By a further exchange sumption of the demobilization, training and of letters between the Secretary-General and the integration of former combatants into a restruc- Council on 23 [S/2005/849] and 30 December tured DRC army. [S/2005/850], the Special Representative’s man- In Burundi, the mission noted the challenges date was extended until 31March 2006, although facing the new Government in the post- the information requested was not available by transitional period in its efforts to consolidate the end of 2005. peace under its key priorities of reconstruction, development, good governance, human rights Security Council mission to Central Africa and the return of refugees from neighbouring On 27 October [S/2005/682], the Security Coun- countries. Regarding Burundi’s suggestion that cil informed the Secretary-General that it was the UN peacekeeping component could be grad- sending a mission to Central Africa from 4 to 10 ually reduced because security had returned to a November, headed by Jean-Marc de La Sablière major part of the country, the mission cautioned (France). The mission would visit Burundi, the against an untimely disengagement of peace- DRC, Rwanda, Uganda and the United Republic keepers, as that had led, in similar situations, to a of Tanzania. Under its general terms of refer- weakening of the overall security and political ence, the mission would underscore the impor- situation. In that regard, the mission expressed tance of the resources committed by the United concern over the increase in insecurity and at- Nations to peacekeeping in the DRC and Burundi tacks on civilians, reportedly by the rebel Forces and the need for an unequivocal commitment on nationales de libération (Palipehutu-FNL), which

YUN05—4th proofs Dec. 24 2007 Africa 163 repeated Government efforts had failed to bring ern part of the DRC through their respective terri- into the peace process. Despite the difficulties it tories. Rwanda confirmed that it had established faced in reconciling its commitment to downsize an inter-ministerial committee to monitor imple- public administration with the constitutional re- mentation of the embargo and to strengthen quirement to include Burundi’s 36 political par- cooperation with the Group of Experts. The mis- ties, the Government promised to make every sion encouraged the Group to continue its investi- effort to ensure their representation in the gations and called upon all States concerned to administration. cooperate fully with it. In meetings with President Yoweri Kaguta The United Republic of Tanzania shared the Museveni of Uganda and President Paul Kagame mission’s concerns regarding the security situa- of Rwanda, the mission reiterated the Council’s tion in Burundi, including the risks that could concern regarding the continued presence of for- arise from an untimely withdrawal of ONUB.In eign armed groups in eastern DRC, and under- that regard, President Benjamin Mkapa and his lined the importance of supporting and reinforc- Foreign Minister called for additional support ing the integration of the Forces armées de la for the integration of Burundi’s army. The Pres- Républic démocratique du Congo (FARDC)toen- ident reiterated Tanzania’s commitment to co- able it to tackle those armed groups robustly,with operate with the Office of the United Nations MONUC support. The Presidents agreed that, High Commissioner for Refugees (UNHCR)in while successful elections in the DRC would con- support of the voluntary return of Burundian tribute to the stability of the country and of the and Congolese refugees in the United Republic region as a whole, the issue of the presence of of Tanzania to their respective countries. Ugandan and Rwandan armed groups in the The mission made a series of recommenda- eastern DRC, had to be resolved as they posed a tions for consideration by the Council that were threat not only to the DRC but also to Uganda and specific to each of the countries visited and for Rwanda. President Museveni reiterated the call regional cooperation. made by the Tripartite Plus Joint Commission Uganda, on 7 December [S/2005/770],conveyed that the Forces démocratiques pour la libération its observations on a number of the mission’s rec- du Rwanda (FDLR) be forcibly disarmed; Pres- ommendations as they related to Uganda, as well ident Kagame insisted that MONUC conduct oper- as a detailed account of the exchange of views be- ations against FDLR in the provinces of North tween the head of the mission and Uganda’s Pres- Kivu and South Kivu as robustly as against Con- ident and of their joint press conference. golese militias in the district of Ituri. Security Council consideration. The Council, The mission highlighted its concerns over the on 15November [meeting 5305], heard a briefing by humanitarian situation in northern Uganda, the the head of the mission, who said that the mission recent attacks on humanitarian workers and the found in the DRC commendable progress in the security challenges faced by aid agencies. It en- preparations for the referendum on the constitu- couraged Uganda to expedite the arrest of five tion and for the legislative and presidential elec- leaders of the defeated Lord’s Resistance Army tions, for which 20 million voters had been regis- (LRA), for whom the International Criminal tered. Several problems remained, however. Court had issued arrest warrants, while finding a First, the election preparations had been delayed, peaceful solution for other LRA elements, some making the electoral timetable tight. The mission of whom remained active and contributed to in- emphasized the imperative of opening the elec- security in northern Uganda. The mission urged tions to everyone, adhering to the election date of Uganda to extend amnesty to rank-and-file LRA 30 June 2006, and promulgating the electoral law combatants and to help them reintegrate into the day after the adoption of the constitution on their communities. It emphasized that the use of 18 December 2005. Second, despite progress in force in the territory of a foreign State without the demobilization of ex-combatants and restruc- the latter’s consent would be a violation of the turing of the army and police, the armed forces UN Charter. integration programme was interrupted after the The mission expressed concern over reports of first phase, and only six of the nine brigades continuing violations of the arms embargo im- planned had been integrated. The DRC was asked posed by Security Council resolution 1493(2003) to redouble its efforts in starting the second inte- [YUN 2003, p. 130] and urged Uganda and Rwanda gration phase and to ensure that the newly inte- to improve their cooperation with the Group of grated brigades received the necessary equip- Experts established under resolution 1533(2004) ment and were paid regularly and adequately. [YUN 2004, p. 137] to monitor arms flows into the re- Third, the mission reiterated that the priority of gion. It also urged them to reinforce measures to re-establishing State authority had to be carried prevent and deny the entry of arms into the east- out with respect for the rule of law. Additional

YUN05—4th proofs Dec. 24 2007 164 Political and security questions problems concerned the armed groups in the cerned and others of the subregion, together eastern part of the DRC, regarding which the with the international community, needed to re- mission stressed the need for every country con- double their efforts to consolidate peace. In that cerned to respect the sovereignty of their neigh- regard, the Committee appealed to the sub- bours, ensure that those groups received no cross- region to become more closely involved in the set- border support, respect the arms embargo, and tlement of conflicts and to support the ongoing no longer tolerate the illegal exploitation of natu- peace processes. ral resources that financed arms trafficking. In Burundi, where a post-transition Govern- The Committee condemned all forms of vio- ment was already in place, the issue of disengag- lence committed against women and children in ing the military component of ONUB was raised. conflict or in post-conflict situations, and recom- The United Nations and Burundi might wish to mended strengthening the mechanisms to pun- consider a plan for a phased disengagement ish those responsible. It exchanged experiences and transition from peacekeeping to peace- in the implementation of disarmament, demobi- building. The mission felt it advisable for Bu- lization and reintegration programmes for ex- rundi to establish a dialogue with the interna- combatants, and urgently appealed for funds to tional community, the best channel for which enable timely implementation. It adopted two would be the proposed Peacebuilding Commis- declarations: one on mercenary activity in sion (see p. 93). As to Palipehutu-FNL, the re- Central Africa that had become a serious obstacle maining active rebel group in the country, the to subregional peace, stability and development; Government remained open to resuming negoti- and the other on the role of the Economic Com- ations to bring the group into the peace process. munity of Central African States in the imple- The briefing recalled the previously expressed mentation of the 2004 Declaration on Peace, Se- readiness of the Council (in its resolution 1577 curity, Democracy and Development in the Great (2004) [YUN 2004, p. 155]) to consider appropriate Lakes Region [YUN 2004, p. 116]. The Committee measures against individuals who threatened Bu- reviewed Central Africa’s contribution to the se- rundi’s peace and national reconciliation pro- cond biennial meeting of States to consider the cess, an option that the mission reminded Bu- implementation of the Programme of Action rundi was still available. adopted by the 2001 UN Conference on small The head of the mission introduced the mis- arms [YUN 2001, p. 499] and noted the activities of sion’s report (see above) for consideration by the the Subregional Centre for Human Rights and Council on 6 December [meeting 5315], which took Democracy in Central Africa. note of the report and endorsed its recommenda- tions on 21 December [meeting 5340] in resolution The Committee, concerned at the continued 1649(2005) (see p. 187). tensions and incidents along the DRC-Rwanda border, particularly the presence of Rwandan Standing Advisory armed groups in the eastern regions of the DRC, Committee on Security Questions urged the AU Peace and Security Council to im- The United Nations Standing Advisory Com- plement its 10 January decision to provide a mili- mittee on Security Questions in Central Africa tary force to assist the DRC in disarming the anti- held its twenty-second and twenty-third ministe- Rwandan rebel group ex-FAR/Interahamwe and rial meetings in Brazzaville, Congo, on 14-18 other hostile forces operating in the DRC.Itwel- March [A/59/769-S/2005/212] and on 29 August– comed the bilateral and tripartite measures 2 September [A/60/393-S/2005/616], with all Com- agreed upon at the high-level tripartite meeting mittee members (Angola, Burundi, Cameroon, among Cameroon, the Central African Republic Central African Republic, Chad, Congo, DRC, and Chad (Yaoundé, Cameroon, 25-26 August) Equatorial Guinea, Gabon, Rwanda, Sao Tome on the long-term prevention and/or containment and Principe) participating. At both meetings, of insecurity along their common borders caused the Committee reviewed the geopolitical and se- by roadblocks set up by armed gangs and others. curity situation in Burundi, the Central African Republic, the DRC and Chad, as well as the situa- The Secretary-General, in response to General tion between the DRC and Rwanda. The Commit- Assembly resolution 59/96 [YUN 2004, p. 571], sub- tee noted considerable improvement in the secu- mitted a July report [A/60/166] on the Commit- rity situation in Central Africa as a whole and in tee’s activities regarding regional confidence- the countries reviewed in particular. Having led building measures taken at its twenty-second to free and democratic elections, the peace pro- ministerial meeting, updating an earlier report cesses under way in most of those countries re- [A/59/182] on the Committee’s twentieth [YUN 2003, mained fragile, however, and the countries con- p . 111 ] and twenty-first [YUN 2004, p. 118] meetings.

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Democratic Republic of the Congo ber 2005 and the second until 30 September In 2005, the peace process in the DRC contin- 2006. MONUC was headquartered in the DRC cap- ued to move forward in the context of the 2002 ital, Kinshasa. Global and All-Inclusive Agreement on the Tran- Following its consideration of the Secretary- sition in the Democratic Republic of the Congo General’s special report on the election process, [YUN 2002, p. 125]. The Agreement provided for a the Council, by resolution 1621(2005) (see p. 181), two-year transitional period, which started from increased the strength of MONUC by 841 person- the formation of a transitional Government, in- nel (five formed police units of 125 officers each augurated on 30 June 2003 as the Government of plus 216 additional police) and authorized National Unity and Transition (Transitional MONUC, in close coordination with UNDP,topro- Government) [YUN 2003, p. 129], and ended on 30 vide additional support to the Independent Elec- June 2005. Owing to problems related to the or- toral Commission (IEC) for the transport of elec- ganization of the elections, the National Assem- toral materials within the DRC. By resolution bly and Senate jointly decided on 17 June to ex- 1635(2005) (see p. 186), the Council further in- tend the transitional period for six months, as creased MONUC’s military strength by 300 to from 1 July. The period would be renewable once provide additional security within its area of and would expire on the inauguration of the operations during the electoral period. By its President following national elections, which resolution 60/121, the General Assembly author- were to be completed in 2006. The transition and ized the full deployment to MONUC of 507 addi- election preparations were supported by the In- tional personnel in support of the DRC elections. ternational Committee in Support of the Transi- Appointment. By an exchange of letters be- tion, comprising the five permanent Security tween the Secretary-General and the Security Council members, plus Belgium and Canada; Council on 4 [S/2005/151] and 9 March [S/2005/152], four African countries (Angola, Gabon, South Lieutenant General Babacar Gaye (Senegal) was Africa and Zambia); the EU and the AU; and appointed Force Commander of MONUC, replac- MONUC (see below). ing Major General Somaila Isliya (Nigeria), who As of 17December, over 25 million citizens of completed his assignment on 28 February. an estimated electorate of 22 to 28 million had registered to vote. On 18 and 19 December, a ref- Sexual exploitation and abuse erendum on the DRC Constitution was held suc- In a 9 February letter to the Security Council cessfully. [S/2005/79], the Secretary-General discussed the By resolution 1596(2005), the Council ex- UN response to allegations of sexual exploitation panded the scope of the arms embargo it had im- and misconduct by MONUC civilian and military personnel. He reiterated that the United Nations posed by resolution 1493(2003) [YUN 2003, p. 130] on could not tolerate even one instance of a UN armed groups operating in the DRC. By resolu- tion 1616(2005), it renewed the provisions of the peacekeeper victimizing the most vulnerable. embargo until 31 July 2006 and requested the Such behaviour did great harm to the distin- Secretary-General to re-establish the Group of guished tradition of UN peacekeepers, to troop- Experts monitoring the flows of arms in the re- contributing Member States and to the reputa- gion for a period expiring on 31 January 2006. tion and honour of fellow peacekeepers. Most importantly, it violated the fundamental “duty of care” that peacekeepers owed to the very people MONUC they were sent to protect and serve. On the basis The United Nations Organization Mission in of the report of Prince Zeid Ra’ad Zeid Al- the Democratic Republic of the Congo (MONUC), Hussein (Jordan), the Secretary-General’s Ad- established by Security Council resolution 1279 viser on Sexual Exploitation and Abuse by (1999) [YUN 1999, p. 92], was headed by William United Nations Peacekeeping Personnel, the Lacy Swing (United States), Special Representa- United Nations was developing ways for troop- tive of the Secretary-General for the Democratic contributing countries to assist in eliminating Republic of the Congo. MONUC continued in sexual exploitation and abuse. 2005 to discharge its mandate, as enhanced by In January, the Office of Internal Oversight Council resolution 1565(2004) [YUN 2004, p. 129],to Services (OIOS) released the report on its investi- provide operational and security support to gation into alleged sexual misconduct by peace- guarantee the advancement of the transitional keepers serving in Bunia (see p. 118). It identified processes in the DRC towards elections and the es- 72 allegations, of which 20 warranted follow-up tablishment of a democratically elected Govern- action; of those 20, seven individual cases (all mil- ment. Its mandate was extended by the Council itary personnel) were fully substantiated. As twice during the year, the first time until 1 Octo- most of those individuals had been rotated out of

YUN05—4th proofs Dec. 24 2007 166 Political and security questions the Mission or repatriated, their cases were for- General’s Special Adviser entitled “A compre- warded to the relevant Member States for action, hensive strategy to eliminate future sexual with a request for information on follow-up exploitation and abuse in UN peacekeeping op- measures taken. Additional investigations, car- erations” (see p. 119), and to take appropriate ried out by MONUC into allegations against six action to prevent sexual exploitation and abuse other military personnel were completed; of by their personnel in the Mission, including pre- those, four were repatriated, one was exonerated deployment awareness-training, and to take dis- and one rotated home before the investigation ciplinary and other action to ensure full account- was concluded. A joint team from the UN Office ability in cases of such misconduct. of Human Resources Management and DPKO in- In his August report (see p. 179), the Secretary- vestigated another five individuals, all civilians: General stated that the MONUC Office for Ad- one was in custody and awaiting trial in his home dressing Sexual Exploitation and Abuse was country, one was reassigned, one was cleared, established on 1 March. Its activities included in- one was disciplined and one was still under in- vestigating allegations of sexual misconduct in- vestigation. Also in January, DPKO sent a multi- volving MONUC personnel; developing and im- disciplinary team, headed by its Assistant plementing policies that emphasized prevention Secretary-General to MONUC, to conduct further of sexual exploitation and abuse and assistance investigations and assist MONUC in developing an to victims of such misconduct; training MONUC effective and sustainable response to the issue. personnel in that regard; and raising awareness The team completed nine investigations, was still of the issue among the Congolese public. By the investigating 10 others and had closed several end of June, some 400 persons of all categories files. MONUC had taken a number of measures to of MONUC personnel had attended MONUC- eliminate sexual exploitation and abuse: it had conducted training on the prevention of sexual adopted a strict non-fraternization policy, im- exploitation and abuse. posed a curfew for military contingents, con- In his September report (see p. 182), the ducted comprehensive training and awareness- Secretary-General said that the inter-agency raising for all Mission personnel, and put for- focal point network on sexual exploitation and ward proposals for improving contingent welfare abuse, chaired by MONUC, was developing com- facilities. mon standards and procedures for: the code of The Secretary-General appealed to the Coun- conduct; training materials and strategies; the re- cil to assist in strengthening MONUC’s capacity to ferral of complaints; community outreach; the conduct self-monitoring and enforcement pro- implementing partners of UN agencies and grammes. MONUC, in compliance with the Secretary- In his March report on MONUC (see p. 172), the General’s bulletin [ST/SGB/2003/13] on special Secretary-General said that the Headquarters- measures for protection from sexual exploitation based task force on sexual exploitation and abuse and abuse; and the transmission of complaints had clarified existing policies and provided new received by one agency about incidents involving guidelines to MONUC and other peacekeeping staff of another agency. MONUC established a operations. The multidisciplinary team deployed Sexual Violence Working Group, which was de- to MONUC (see above) was increased in February veloping training and advocacy packages for the by five highly skilled investigators and would be Congolese military, police and judiciary, and re- further strengthened to meet medium-term in- viewing existing relevant legislation. MONUC vestigation requirements. The team was working also established a database to facilitate the provi- closely with civilian and military colleagues in sion of assistance to individual victims. MONUC to consolidate the investigation process, In his December report (see p. 189), the decrease duplication, provide specialized tech- Secretary-General stated that, in accordance with niques specific to the prevention of sexual exploi- General Assembly resolution 59/287 (see p. 1474), tation and abuse, and improve the review process the MONUC Office for Addressing Sexual Exploi- on which disciplinary recommendations were tation and Abuse formally handed over all pend- based. It established a sexual exploitation and ing cases and new allegations to OIOS on 4 Octo- abuse focal point network with all UN agencies, ber. From 25 December 2004 to mid-October funds and programmes in the DRC. The MONUC 2005, 111 investigations into allegations of sexual code of conduct was revised to define and clarify exploitation and abuse, involving 167 MONUC behaviour constituting sexual exploitation and personnel, were completed; allegations were sub- abuse. stantiated against 78 (over 46 per cent of the al- By its resolution 1592(2005) (see p. 174), the leged perpetrators), representing 0.4 per cent of Council urged troop-contributing countries to all MONUC personnel in all levels and categories. carefully review the report of the Secretary- On 8 November, the MONUC Conduct and Disci-

YUN05—4th proofs Dec. 24 2007 Africa 167 pline Team was established to ensure the preven- The Security Council condemns with the utmost tion of all types of personnel misconduct, with firmness the attack against a patrol of the United emphasis on sexual exploitation and abuse, and Nations Mission in the Democratic Republic of the Congo by the Front des Nationalistes et Intégration- compliance with and enforcement of UN stand- nistes in Ituri, which occurred on 25 February 2005 ards of conduct among all categories of Mission near the town of Kafé, resulting in the murder of personnel. By 16 November, the Team had held nine Bangladeshi peacekeepers. It offers its condo- 60 briefings for over 1,500 MONUC personnel. lences to the victims’ families and to the authorities of Bangladesh. It commends the dedication of the Mission’s personnel, who operate in particularly Attack on peacekeepers hazardous conditions. It welcomes the action of the The Secretary-General, in describing the secu- Mission against the militia groups responsible for rity situation in the district of Ituri, north-east of these killings and the Mission’s continued robust the DRC, as contained in his March report on action in pursuit of its mandate. MONUC, stated that, on 22 February, the Union The Council considers this aggression, by its in- des patriotes congolais (UPC) attacked MONUC tentional and well-planned nature, to be an unac- ceptable outrage. It calls upon the Government of peacekeepers in Nizi, wounding two Pakistani National Unity and Transition immediately to take soldiers. On 25 February, nine Bangladeshi all necessary measures to bring to justice the perpe- peacekeepers protecting a camp of internally dis- trators, sponsors and authors of this attack, and wel- placed persons were killed near the town of Kafé, comes the first arrests undertaken by the Govern- 80 kilometres north of Bunia, on Lake Albert. ment. It endorses in this regard the serious concern The attack might have been in response to the in- expressed in Kinshasa on 28 February 2005 by the creasing pressure by MONUC on militia groups International Committee for Support to the Transi- tion over the illegal and criminal activities of militia over the previous weeks, notably the 24 February in Ituri and their military and political leaders, in arrest of numerous militia members of the Front particular Floribert Ndjabu, Goda Sukpa, Etienne des nationalistes et intégrationistes (FNI) in their Lona, Thomas Lubanga, Bosco Tanganda and Datule stronghold. It might also have been de- Germain Katanga. It expresses its concern that the signed to discourage the International Commit- integration of Ituri militia officers into the Congo- tee in Support of the Transition (CIAT) [YUN 2004, lese armed forces has failed to lead to the disarma- p. 119], which was in Bunia as part of efforts to ment of their troops which should proceed without ensure the extension of State administration to delay. the area. The Council calls upon the Government of Na- tional Unity and Transition to strengthen its support In response, MONUC and CIAT asked the Tran- for the implementation of the disarmament and sitional Government to arrest the FNI leaders, in community reintegration programme for Ituri mili- particular its President, Floribert Njabu, its for- tiamen. It considers those who try to impede this pro- mer military leader, Goda Sukpa, and its current gramme as a threat to the political process in the military commander, Etienne Lona; the head of Democratic Republic of the Congo. It also calls upon the Government of National Unity and Transition the UPC/L faction, Thomas Lubanga, and its mil- urgently to deploy additional integrated troops and itary commander, Bosco Ntaganda; and the head police units to Ituri, and invites donors to provide of the Front de résistance patriotique de l’Ituri support for this vital undertaking. (FRPI), Germain Katanga. Etienne Lona, who The Council reminds all States in the region of surrendered to MONUC, was arrested by the Gov- their responsibility to ensure compliance for the ernment in Bunia on 1 March. MONUC also asked arms embargo imposed by resolution 1493(2003) and that the Transitional Government send clear or- is considering additional measures it might take to ders to the armed groups in Ituri that they had to reinforce implementation and monitoring of the embargo. It further urges those States to ensure that join the disarmament process immediately. their territories cannot be used by any Congolese Also on 1 March, MONUC successfully armed group, notably the Ituri militia, whose activi- mounted a large-scale cordon-and-search opera- ties perpetuate a climate of insecurity that affects the tion with attack-helicopter support to dismantle whole region. an FNI headquarters in Loga (north-east of The Council reaffirms its full support for the Mis- Bunia), in Ituri. In the exchange of fire, between sion, and urges it to continue to fulfil its mandate 50 and 60 FNI militia were killed and two Paki- with determination. It notes the importance for the Mission to continue to strengthen its action in Ituri stani MONUC soldiers were injured. and in North and South Kivu.

SECURITY COUNCIL ACTION (March) Responding to the foregoing presidential On 2 March [meeting 5133], following consulta- statement, the DRC informed the Security Coun- tions among Security Council members, the Pres- cil on 21 March [S/2005/190] that, on that date, ident made statement S/PRST/2005/10 on Thomas Lubanga was detained and immediately behalf of the Council: transferred to Makala prison; Floribert Ndjabu,

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Goda Sukpa and Germain Katanga were already 1. Takes note of the status of contributions to the under arrest; and Etienne Lona had reportedly United Nations Organization Mission in the Demo- surrendered to MONUC. Bosco Ntaganda re- cratic Republic of the Congo as at 15 March 2005, in- cluding the contributions outstanding in the amount mained at large and continued to cause trouble in of 309.4 million United States dollars, representing an area in Ituri not under the control of the Con- some 13 per cent of the total assessed contributions, golese authorities. The DRC requested all possi- notes with concern that only forty-five Member States ble assistance from the Council and MONUC for have paid their assessed contributions in full, and his capture. urges all other Member States, in particular those in arrears, to ensure payment of their outstanding as- sessed contributions; Financing 2. Expresses its appreciation to those Member States In April, during its resumed fifty-ninth ses- which have paid their assessed contributions in full, sion, the General Assembly considered the and urges all other Member States to make every possi- Secretary-General’s revised budget for MONUC ble effort to ensure payment of their assessed contribu- for the period 1 July 2004 to 30 June 2005 tions to the Mission in full; 3. Expresses concern at the financial situation with [A/59/707], amounting to $962,012,400 against the regard to peacekeeping activities, in particular as re- initial appropriation of $709,123,200, together gards the reimbursement of troop contributors, which with the related report of the Advisory Commit- bear additional burdens owing to overdue payments tee on Administrative and Budgetary Questions by Member States of their assessments; (ACABQ) [A/59/735]. 4. Also expresses concern at the delay experienced by the Secretary-General in deploying and providing ade- GENERAL ASSEMBLY ACTION (April, June, December) quate resources to some recent peacekeeping missions, in particular those in Africa; On 13 April [meeting 91], the General Assembly, 5. Emphasizes that all future and existing peace- on the recommendation of the Fifth (Administra- keeping missions shall be given equal and non- tive andBudgetary)Committee [A/59/771],adopted discriminatory treatment in respect of financial and resolution59/285Awithoutvote [agendaitem127]. administrative arrangements; Financing of the United Nations Organization Mission 6. Also emphasizes that all peacekeeping missions in the Democratic Republic of the Congo shall be provided with adequate resources for the effec- tiveandefficientdischargeoftheirrespectivemandates; A 7. Reiterates its request to the Secretary-General to The General Assembly, make the fullest possible use of facilities and equip- Having considered the report of the Secretary- ment at the United Nations Logistics Base at Brindisi, General on the financing of the United Nations Or- Italy, in order to minimize the costs of procurement for ganization Mission in the Democratic Republic of the the Mission; Congo and the related report of the Advisory Commit- 8. Endorses the conclusions and recommendations tee on Administrative and Budgetary Questions, contained in the report of the Advisory Committee on Recalling Security Council resolutions 1258(1999) of Administrative and Budgetary Questions and requests 6 August 1999and 1279(1999)of 30 November 1999re- the Secretary-General to ensure their full implementa- garding, respectively, the deployment to the Congo re- tion; gion of military liaison personnel and the establish- 9. Requests the Secretary-General to include in the ment of the United Nations Organization Mission in proposed budget for the Mission for the period from the Democratic Republic of the Congo, and the subse- 1 July 2005 to 30 June 2006 the resources necessary to quent resolutions by which the Council extended the ensure the integration of gender perspectives into the mandate of the Mission, the latest of which was resolu- entire electoral process; tion 1565(2004) of 1 October 2004, by which the Coun- 10. Also requests the Secretary-General to take all cil authorized an increase in the Mission’s strength by action necessary to ensure that the Mission is adminis- 5,900 personnel, including up to 341 civilian police, tered with a maximum of efficiency and economy, par- Recalling also its resolution 54/260 A of 7 April 2000 ticularly with regard to air transport; on the financing of the Mission and its subsequent res- 11. Further requests the Secretary-General, in order olutions thereon, the latest of which was resolution to reduce the cost of employing General Service staff, 58/259 B of 18 June 2004, to continue efforts to recruit local staff for the Mission Reaffirming the general principles underlying the against General Service posts, commensurate with the financing of United Nations peacekeeping operations, requirements of the Mission; as stated in General Assembly resolutions 1874(S-IV) Revised budget estimates of 27 June 1963, 3101(XXVIII) of 11 December 1973 for the period from 1 July 2004 to 30 June 2005 and 55/235 of 23 December 2000, 12. Decides to appropriate to the Special Account for Noting with appreciation that voluntary contributions the United Nations Organization Mission in the Demo- have been made to the Mission, cratic Republic of the Congo the additional amount of Mindful of the fact that it is essential to provide the 245,642,900 dollars for the maintenance of the Mission Mission with the financial resources necessary to en- for the period from 1 October 2004 to 30 June 2005, in- able it to fulfil its responsibilities under the relevant clusive of the amount of 49,950,000 dollars previously resolutions of the Security Council, authorized by the Advisory Committee on Administra-

YUN05—4th proofs Dec. 24 2007 Africa 169 tiveandBudgetaryQuestionsunderthetermsofsection ganization Mission in the Democratic Republic of the IV of General Assembly resolution 49/233 A of 23 De- Congo and the related reports of the Advisory Com- cember 1994, taking into account the total amount of mittee on Administrative and Budgetary Questions, 746,072,500 dollars already appropriated and appor- Recalling Security Council resolutions 1258(1999) of tioned for the period from 1 July 2004 to 30 June 2005 6 August 1999and 1279(1999)of 30 November 1999re- under the provisions of its resolution 58/259 B; garding, respectively, the deployment to the Congo re- Financing of the appropriation gion of military liaison personnel and the establish- 13 . Decides also to apportion among Member States ment of the United Nations Organization Mission in the additional amount of 163,761,932 dollars for the the Democratic Republic of the Congo, and the subse- period from 1 October 2004 to 31 March 2005, in quent resolutions by which the Council extended the accordance with the levels set out by the General As- mandate of the Mission, the latest of which was resolu- sembly in its resolution 55/235, as adjusted by the As- tion 1592(2005) of 30 March 2005, sembly in its resolution 55/236 of 23 December 2000 Recalling also its resolution 54/260 A of 7 April 2000 and updated in its resolution 58/256 of 23 December on the financing of the Mission, and its subsequent 2003, and taking into account the scale of assessments resolutions thereon, the latest of which was resolution for 2004 and 2005, as set out in its resolution 58/1 B of 59/285 A of 13 April 2005, 23 December 2003; Reaffirming the general principles underlying the 14 . Decides further to apportion among Member financing of United Nations peacekeeping operations, States the additional amount of 81,880,968 dollars at a as stated in General Assembly resolutions 1874(S-IV) monthly rate of 27,293,656 dollars for the period from of 27 June 1963, 3101(XXVIII) of 11 December 1973 1 April to 30 June 2005, in accordance with the scheme and 55/235 of 23 December 2000, set out in paragraph 13 above and taking into account Noting with appreciation that voluntary contributions the scale of assessments for 2005, as set out in General have been made to the Mission, Assembly resolution 58/1 B, subject to the decision of Mindful of the fact that it is essential to provide the the Security Council to extend the mandate of the Mis- Mission with the necessary financial resources to en- sion; able it to fulfil its responsibilities under the relevant 15. Emphasizes that no peacekeeping mission shall resolutions of the Security Council, be financed by borrowing funds from other active 1. Requests the Secretary-General to entrust the peacekeeping missions; Head of Mission with the task of formulating future 16. Encourages the Secretary-General to continue to budget proposals in full accordance with the provi- take additional measures to ensure the safety and secu- sions of General Assembly resolution 59/296 of 22 rity of all personnel under the auspices of the United June 2005, as well as other relevant resolutions; Nations participating in the Mission; 2. Takes note of the status of contributions to the 17. Invites voluntary contributions to the Mission in United Nations Organization Mission in the Demo- cash and in the form of services and supplies accepta- cratic Republic of the Congo as at 15 April 2005, in- ble to the Secretary-General, to be administered, as ap- cluding the contributions outstanding in the amount propriate, in accordance with the procedure and prac- of 52.7 million United States dollars, representing tices established by the General Assembly; some 2 per cent of the total assessed contributions, 18. Decides to keep under review during its fifty- notes with concern that only fifty-two Member States ninth session the item entitled “Financing of the have paid their assessed contributions in full, and United Nations Organization Mission in the Demo- urges all other Member States, in particular those in cratic Republic of the Congo”. arrears, to ensure payment of their outstanding as- sessed contributions; In June, the Assembly considered a further re- 3. Expresses its appreciation to those Member States port of the Secretary-General [A/59/779] request- which have paid their assessed contributions in full, ing commitment authority with assessment in and urges all other Member States to make every possi- the amount of $383,187,800 to cover MONUC op- ble effort to ensure payment of their assessed contribu- erational and human resource requirements tions to the Mission in full; from 1 July to 31 October 2005, pending submis- 4. Expresses concern at the financial situation with sion to the Assembly’s sixtieth session of a full regard to peacekeeping activities, in particular as re- gards the reimbursements to troop contributors that budget for MONUC for the period 1 July 2005 to bear additional burdens owing to overdue payments 30 June 2006. ACABQ recommended approval of by Member States of their assessments; the request [A/59/736/ Add.16]. 5. Also expresses concern at the delay experienced by On 22 June [meeting 104], the Assembly, on the the Secretary-General in deploying and providing ade- recommendation of the Fifth Committee [A/59/ quate resources to some recent peacekeeping missions, 771/Add.1], adopted resolution 59/285 B without in particular those in Africa; vote [agenda item 127]. 6. Emphasizes that all future and existing peace- keeping missions shall be given equal and non- Financing of the United Nations Organization Mission discriminatory treatment in respect of financial and in the Democratic Republic of the Congo administrative arrangements; B 7. Also emphasizes that all peacekeeping missions The General Assembly, shall be provided with adequate resources for the Having considered the report of the Secretary- effective and efficient discharge of their respective General on the financing of the United Nations Or- mandates;

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8. Reiterates its request to the Secretary-General to Estimates for the support account for peacekeeping make the fullest possible use of facilities and equip- operations and the United Nations Logistics Base ment at the United Nations Logistics Base at Brindisi, for the period from 1 July 2005 to 30 June 2006 Italy, in order to minimize the costs of procurement for 19 . Decides also to appropriate to the Special Ac- the Mission; count for the United Nations Organization Mission in 9. Endorses the conclusions and recommendations the Democratic Republic of the Congo the amount of contained in the report of the Advisory Committee on 20,220,700 dollars for the period from 1 July 2005 to Administrative and Budgetary Questions, and requests 30 June 2006, comprising 16,534,400 dollars for the the Secretary-General to ensure their full implementa- support account for peacekeeping operations and tion; 3,686,300 dollars for the United Nations Logistics 10. Requests the Secretary-General to ensure the Base; full implementation of the relevant provisions of its Financing of the appropriation resolution 59/296; 20. Decides further to apportion among Member 11. Emphasizes that the Special Representative of the States the amount of 20,220,700 dollars, in accordance Secretary-General should be responsible for the imple- with the levels updated in General Assembly resolu- mentation of the policies of the Organization regard- tion 58/256, and taking into account the scale of as- ing personnel conduct, and requests the Secretary- sessments for 2005 and 2006, as set out in its resolution General to ensure that the Special Representative 58/1 B; remains fully engaged in all such matters; 21. Decides that, in accordance with the provisions 12. Requests the Secretary-General to take all neces- of its resolution 973(X), there shall be set off against sary action to ensure that the Mission is administered the apportionment among Member States, as provided with a maximum of efficiency and economy; for in paragraph 20 above, their respective share in the 13 . Also requests the Secretary-General, in order to Tax Equalization Fund of 2,635,300 dollars, compris- reduce the cost of employing General Service staff, to ing the prorated share of 2,337,100 dollars of the esti- continue efforts to recruit local staff for the Mission mated staff assessment income approved for the against General Service posts, commensurate with the support account and the prorated share of 298,200 requirements of the Mission; dollars of the estimated staff assessment income ap- Budget estimates proved for the United Nations Logistics Base; for the period from 1 July to 31 October 2005 22. Emphasizes that no peacekeeping mission shall 14 . Authorizes the Secretary-General to enter into be financed by borrowing funds from other active commitments in an amount not exceeding 383,187,800 peacekeeping missions; dollars for the maintenance of the Mission for the pe- 23. Encourages the Secretary-General to continue to riod from 1 July to 31 October 2005; take additional measures to ensure the safety and secu- rity of all personnel under the auspices of the United Financing of the commitment authority Nations participating in the Mission, bearing in mind 15. Decides to apportion among Member States the paragraphs 5 and 6 of Security Council resolution amount of 265,322,580 dollars for the period from 1502(2003) of 26 August 2003; 1 July to 1 October 2005, in accordance with the levels 24. Invites voluntary contributions to the Mission in updated in General Assembly resolution 58/256 of 23 cash and in the form of services and supplies accepta- December 2003, and taking into account the scale of ble to the Secretary-General, to be administered, as ap- assessments for 2005, as set out in its resolution 58/1 B propriate, in accordance with the procedure and prac- of 23 December 2003; tices established by the General Assembly; 16. Decides also that, in accordance with the provi- 25. Decides to include in the provisional agenda of sions of its resolution 973(X) of 15 December 1955, its sixtieth session the item entitled “Financing of the there shall be set off against the apportionment among United Nations Organization Mission in the Demo- Member States, as provided for in paragraph 15 above, cratic Republic of the Congo”. their respective share in the Tax Equalization Fund of 4,235,325 dollars, representing the estimated staff as- In December, at its sixtieth session, the Assem- sessment income approved for the Mission for the pe- bly considered the Secretary-General’s financial riod from 1 July to 1 October 2005; performance report on the MONUC budget for 17. Decides further to apportion among Member the period 1 July 2003 to 30 June 2004 [A/59/657], States the amount of 84,677,420 dollars for the period from 2 to 31 October 2005, in accordance with the showing total expenditures of $636,485,400, scheme set out in paragraph 15 above, subject to a deci- against an appropriation of $641,038,300; his pro- sion of the Security Council to extend the mandate of posed MONUC budget for 1 July 2005 to 30 June the Mission; 2006 [A/60/389], amounting to $1,147,530,000, 18. Decides that, in accordance with the provisions which incorporated the $383,187,800 authorized of its resolution 973(X), there shall be set off against by Assembly resolution 59/285 B above; and the the apportionment among Member States, as provided related report of ACABQ [A/60/536]. for in paragraph 17above, their respective share in the Tax Equalization Fund of 1,351,700 dollars, represent- On 8 December [meeting 62], the Assembly, on ing the estimated staff assessment income approved the recommendation of the Fifth Committee for the Mission for the period from 2 to 31 October [A/60/574], adopted resolution 60/121 A without 2005; vote [agenda item 140].

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Financing of the United Nations Organization Mission 7. Also emphasizes that all peacekeeping missions in the Democratic Republic of the Congo shall be provided with adequate resources for the The General Assembly, effective and efficient discharge of their respective Having considered the reports of the Secretary- mandates; General on the financing of the United Nations Or- 8. Expresses deep concern at the very high rate of ganization Mission in the Democratic Republic of the attrition and related difficulties in recruitment, and Congo and the related report of the Advisory Commit- requests the Secretary-General to intensify his on- tee on Administrative and Budgetary Questions, going efforts to rectify this situation, including Recalling Security Council resolutions 1258(1999) of through innovative approaches, and to ensure the ex- 6 August 1999 and 1279(1999) of 30 November 1999 peditious filling of all vacant posts; regarding, respectively, the deployment to the Congo 9. Reiterates its request to the Secretary-General to region of military liaison personnel and the establish- make the fullest possible use of facilities and equip- ment of the United Nations Organization Mission in ment at the United Nations Logistics Base at Brindisi, the Democratic Republic of the Congo, and the subse- Italy, in order to minimize the costs of procurement for quent resolutions by which the Council extended the the Mission; mandate of the Mission, the latest of which was resolu- 10. Welcomes the establishment and development of tion 1635(2005) of 28 October 2005, the logistics base at Entebbe, Uganda, as a regional Recalling also its resolution 54/260 A of 7 April 2000 hub for common use by missions in the region to en- on the financing of the Mission, and its subsequent hance the efficiency and responsiveness of logistical resolutions thereon, the latest of which was resolution support operations, and requests the Secretary- 59/285 B of 22 June 2005, General to report to the General Assembly in the con- Reaffirming the general principles underlying the text of his overview report, to be submitted during the financing of United Nations peacekeeping operations, second part of its resumed sixty-first session, on econo- as stated in General Assembly resolutions 1874(S-IV) mies and efficiencies realized through its utilization of 27 June 1963, 3101(XXVIII) of 11 December 1973 and on the increased effectiveness of regional support and 55/235 of 23 December 2000, for peacekeeping operations; Noting with appreciation that voluntary contributions 11. Also welcomes the measures put in place in the have been made to the Mission, Mission for the prevention and identification of and Mindful of the fact that it is essential to provide the responses to instances of misconduct by its personnel, Mission with the necessary financial resources to en- and encourages the Secretary-General to intensify his able it to fulfil its responsibilities under the relevant efforts to ensure compliance by all personnel with the resolutions of the Security Council, zero-tolerance policy and procedures in accordance 1. Requests the Secretary-General to entrust the with the relevant resolutions of the General Assembly; Head of Mission with the task of formulating future 12. Emphasizes that the Special Representative of budget proposals in full accordance with the provi- the Secretary-General should be responsible for the sions of General Assembly resolution 59/296 of 22 implementation of the policies of the Organization re- June 2005, as well as other relevant resolutions; garding personnel conduct, and requests the Secretary- 2. Takes note of the status of contributions to the General to ensure that the Special Representative re- United Nations Organization Mission in the Demo- mains fully engaged in all such matters; cratic Republic of the Congo as at 31 October 2005, in- 13 . Endorses the conclusions and recommendations cluding the contributions outstanding in the amount contained in the report of the Advisory Committee on of 220.9 million United States dollars, representing Administrative and Budgetary Questions, subject to some 7.8 per cent of the total assessed contributions, the provisions of the present resolution, and requests notes with concern that only forty Member States have the Secretary-General to ensure their full implementa- paid their assessed contributions in full, and urges all tion; other Member States, in particular those in arrears, to 14 . Recalls its previous requests for a review of the ensure payment of their outstanding assessed contri- structure of the Mission, and, noting with concern that butions; the review has not been completed, requests the 3. Expresses its appreciation to those Member States Secretary-General to ensure that the review is finalized which have paid their assessed contributions in full, as a matter of urgency and that its conclusions and rec- and urges all other Member States to make every possi- ommendations are reflected in the budget submission ble effort to ensure payment of their assessed contribu- for the Mission for 2006/07; tions to the Mission in full; 15. Reaffirms the critical role of the Mission, includ- 4. Expresses concern at the financial situation with ing in public information, in the preparation and con- regard to peacekeeping activities, in particular as re- duct of the referendum and elections, and requests the gards the reimbursements to troop contributors that Secretary-General, when preparing the budget propo- bear additional burdens owing to overdue payments sals for 2006/07, to also take into account all previous by Member States of their assessments; relevant resolutions of the General Assembly and to 5. Also expresses concern at the delay experienced by ensure that resource requirements reflect any revi- the Secretary-General in deploying and providing ade- sions in the mandate of the Mission that may arise due quate resources to some recent peacekeeping missions, to developments in the post-election period, including in particular those in Africa; all those personnel, support and operational compo- 6. Emphasizes that all future and existing peace- nents that are directly related to election activities; keeping missions shall be given equal and non- 16. Stresses the imperative nature of the successful discriminatory treatment in respect of financial and conduct of electoral operations, and authorizes the full administrative arrangements; deployment of 507 additional personnel in support of

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the elections while making best use of existing staffing there shall be set off against the apportionment among resources, bearing in mind the need to ensure that the Member States, as provided for in paragraph 24 above, deployment schedule responds to developments on their respective share in the Tax Equalization Fund of the ground; the amount of 15,664,375 dollars, representing the es- 17. Authorizes the Secretary-General to utilize until timated additional staff assessment income approved 30 June 2006 general temporary assistance for the for the Mission for the period from 1 November 2005 functions provided by the 395 individual contractors, to 30 June 2006; and requests the Secretary-General to fully justify any 26. Decides that, for Member States that have ful- proposed conversion of these 395 individual contrac- filled their financial obligations to the Mission, there tors in the context of the results of the comprehensive shall be set off against their apportionment, as pro- review to be included in the proposed budget for vided for in paragraph 24 above, their respective share 2006/07; of the unencumbered balance and other income in the 18. Requests the Secretary-General to ensure the amount of 32,836,900 dollars in respect of the finan- full implementation of the relevant provisions of its cial period ended 30 June 2004, in accordance with the resolution 59/296; levels updated in its resolution 58/256, and taking into 19 . Also requests the Secretary-General to take all account the scale of assessments for 2004, as set out in necessary action to ensure that the Mission is adminis- its resolution 58/1 B; tered with a maximum of efficiency and economy; 27. Decides also that, for Member States that have not 20. Further requests the Secretary-General to ensure fulfilled their financial obligations to the Mission, that the Mission effectively utilizes the available rail there shall be set off against their outstanding obliga- and inland waterway transport modes where they are tions their respective share of the unencumbered bal- more reliable and cost-effective than air transportation ance and other income in the amount of 32,836,900 and safe to use; dollars in respect of the financial period ended 30 21. Requests the Secretary-General, in order to re- June 2004, in accordance with the scheme set out in duce the cost of employing General Service staff, to paragraph 26 above; continue efforts to recruit local staff for the Mission 28. Decides further that the increase of 466,700 dol- against General Service posts, commensurate with the lars in the estimated staff assessment income in respect requirements of the Mission; of the financial period ended 30 June 2004 shall be added to the credits from the amount of 32,836,900 Financial performance report dollars referred to in paragraphs 26 and 27 above; for the period from 1 July 2003 to 30 June 2004 29. Emphasizes that no peacekeeping mission shall 22. Takes note of the report of the Secretary-General be financed by borrowing funds from other active on the financial performance of the Mission for the peacekeeping missions; period from 1 July 2003 to 30 June 2004; 30. Encourages the Secretary-General to continue Budget estimates to take additional measures to ensure the safety and for the period from 1 July 2005 to 30 June 2006 security of all personnel under the auspices of the 23. Decides to appropriate to the Special Account United Nations participating in the Mission, bearing for the United Nations Organization Mission in the in mind paragraphs 5 and 6 of Security Council reso- Democratic Republic of the Congo the amount of lution 1502(2003) of 26 August 2003; 1,133,672,200 dollars for the maintenance of the Mis- 31. Invites voluntary contributions to the Mission in sion for the period from 1 July 2005 to 30 June 2006, cash and in the form of services and supplies accepta- inclusive of the amount of 383,187,800 dollars pre- ble to the Secretary-General, to be administered, as viously authorized by the General Assembly under the appropriate, in accordance with the procedure and terms of its resolution 59/285 B for the period from practices established by the General Assembly; 1 July to 31 October 2005, and in addition to the 32. Decides to keep under review during its sixtieth amount of 20,220,700 dollars already appropriated session the item entitled “Financing of the United under the terms of the same resolution for the support Nations Organization Mission in the Democratic Re- account for peacekeeping operations and the United public of the Congo”. Nations Logistics Base for the period from 1 July 2005 to 30 June 2006; Political developments and MONUC activities Financing of the appropriation Report of Secretary-General (March). In re- 24. Decides also, taking into account the amount of 350 million dollars already apportioned under the sponse to Security Council resolution 1565(2004) terms of its resolution 59/285 B for the maintenance [YUN 2004, p. 129], the Secretary-General issued his of the Mission for the period from 1 July to 31 October seventeenth (March) report on MONUC [S/2005/ 2005, to apportion among Member States the addi- 167], covering major developments in the Mission tional amount of 783,672,200 dollars for the mainte- area and progress in the implementation of the nance of the Mission for the period from 1 November MONUC mandate since December 2004 [ibid., 2005 to 30 June 2006, in accordance with the levels up- p. 134]. He reported some progress in the imple- dated in General Assembly resolution 58/256 of 23 December 2003, and taking into account the scale of mentation of the transitional agenda, but no sig- assessments for 2005 and 2006, as set out in its resolu- nificant improvement in the difficult relation- tion 58/1 B of 23 December 2003; ship between the components of the Transitional 25. Decides further that, in accordance with the pro- Government. Implementation of some major as- visions of its resolution 973(X) of 15 December 1955, pects of the transition, including security-sector

YUN05—4th proofs Dec. 24 2007 Africa 173 reform and the legislative agenda, had experi- Regarding the security situation in Ituri, mili- enced considerable delays. By 3 January, Parlia- tary operations by various armed groups had in- ment had adopted laws on the armed forces, creased, particularly in the Tchomia and Kasenyi nationality and voter registration. However, leg- areas. MONUC adopted a four-pronged, proactive islation on the constitutional referendum and strategy that included pressing the Transitional amnesty,the status of the political opposition, the Government to take decisive measures against financing of political parties, the draft constitu- any military group that opposed disarmament tion and the electoral law remained outstanding. and the extension of State authority; strengthen- A preliminary draft of the constitution was dis- ing coordination of the disarmament and com- cussed in the Senate, including such issues as the munity reintegration process, so as to conclude balance of power between the President and the the process by 31 March; increasing political and Prime Minister, and between the central Govern- financial support for the District Commissioner’s ment and provincial governments. office; and supporting legitimate authorities in re-establishing control over customs revenue. On 7 January, the IEC President indicated to the press that, in his view, it would not be feasible The Transitional Government had yet to put in to hold elections in June and that a date later in place a transparent revenue collection system to the year should be considered. The statement end the fighting over the control of parallel tax fuelled popular suspicion that the Transitional and custom structures. Government wanted to postpone the elections. In early January, isolated attacks between That led to demonstrations on 9 and 10 January UPC/L and FNI in the area of Djugu evolved into a in Kinshasa, Goma and Mbuji-Mayi, which re- wider confrontation between the two groups in sulted in nine civilian deaths the Tchomia and Kasenyi regions. In late Janu- ary, Lendu fighters and FNI militia attacked Progress was made by the DRC-Rwanda Joint Hema villages in the Tche area of Djugu; in re- Verification Mechanism in addressing cross- sponse, MONUC launched several operations to border issues, and by the DRC-Rwanda-Uganda enhance security there. On 24 February, MONUC Tripartite Joint Commission in de-escalating re- launched a cordon-and-search operation at gional tensions—both established in 2004 [YUN Ariwara, disarming 116 soldiers of the Forces 2004, p. 134]. Joint verification teams were estab- armées du peuple congolais (FAPC) and collecting lished in Goma and Bukavu by the DRC and 118 weapons and ammunition. It also arrested 30 Rwanda and facilitated by MONUC and the AU. FNI militia and confiscated weapons in the village The Goma team investigated 18 allegations, two of Datule. of which were confirmed, including the presence The security situation in North and South of FDLR in Lusamambo and an internally dis- Kivu remained tense. In response to Rwanda’s placed persons camp at Ngungu in the Kalehe threats in December 2004 [YUN 2004, p. 135] to en- territory near the Rwandan border. The team ter the DRC to disarm FDLR forcibly, the DRC sent confirmed that a Rwandan soldier was being de- additional FARDC troops to the area, resulting in tained by FARDC elements in Kashebere, whose increased inter-FARDC clashes. Reports were re- return was demanded by Rwanda. MONUC en- ceived of collaboration between FDLR and the couraged the parties to address those issues Mayi-Mayi and between FDLR and FARDC ele- jointly. The Bukavu team became operational on ments. In North Kivu, the cease-fire between op- 8 February; it carried out two verification mis- posing FARDC units around Kanyabayonga held, sions, to Kalonge and Mule in the DRC, to investi- but tensions remained high. In mid-January, gate allegations of FDLR activities in the area, but MONUC withdrew on schedule from the 10- which it could not corroborate. kilometre security zone it had established in De- The Tripartite Joint Commission met in Wash- cember 2004 on the Kirumba-Mighobwe axis and ington, D.C., on 2 February, with ministerial- reinforced its positions between Mighobwe and level officials of the DRC, Rwanda and Uganda in Kanyabayonga and in Butembo. In the Rutshuru attendance; the United Nations was also repre- territory, nine soldiers and one civilian were sented. The meeting discussed the use of pre- killed in FDLR raids between mid-January and existing mechanisms to settle disputes and early February. agreed to set up subcommissions on security and As to the national disarmament, demobiliza- defence issues and on diplomatic affairs. At a fur- tion and reintegration programme, the Supreme ther meeting (Kampala, Uganda, 23 February), Defence Council, on 25 January, revised its esti- the Commission agreed to establish a joint intelli- mate of the number of FARDC combatants from gence fusion, operations and analysis cell, 300,000 to 250,000. Subsequently, the Structure through which they would share information on militaire d’intégration issued a revised plan for security issues and take appropriate action. the emergency disarmament or mixing and re-

YUN05—4th proofs Dec. 24 2007 174 Political and security questions training of troops, under which 10 disarmament Regarding the human rights situation in the centres would be opened before the end of March DRC, a special MONUC team continued to monitor and MONUC would register arms handed in dur- gross violations of human rights in North Kivu. ing the disarmament process, destroy unservice- Investigations determined that ex-Armée na- able weapons and turn over the serviceable ones tionale congolaise (ex-ANC) elements of FARDC to the integrated army. Disarmament centres had were responsible for the arbitrary killings of at so far been opened at Mushaki, Nyaleke (North least 30 unarmed civilians at Buramba and of Kivu), Kamina (Katanga) and Kitona (Bas- dozens more in the Masisi territory,following the Congo). An estimated 11,500 troops had arrived group’s occupation of Nyabiondo in December at the centres and had handed in their weapons. 2004. The North Kivu Governor, who initiated commissions of inquiry into the violations, de- In accordance with resolution 1565(2004) [YUN nied that FARDC (ex-ANC) troops were responsi- 2004, p. 129], three joint commissions, on essential legislation, security-sector reform and elections, ble. MONUC investigated attacks on villages in were established. The Joint Commission on Es- Rutshuru, near the Ugandan border, where sex- sential Legislation met twice, beginning on 24 ual violence was widely reported. In Ituri, arbi- January, with a focus on supporting the transi- trary killings, sexual violence and abductions by tional institutions to adopt, as a priority, a draft militia groups continued on a daily basis. post-transitional Constitution and the electoral The Secretary-General said he was deeply dis- law. The Joint Commission on Security Sector turbed by the general deterioration of security Reform held its first meeting on 26 January. and unabated abuse of human rights in Ituri. He called on the Transitional Government to make IEC, with the support of the EU, MONUC and visible progress towards the holding of elections, other international donors, prepared a budget of most importantly through the adoption of the some $285 million for the electoral process, draft constitution and electoral law and the com- which was endorsed by the World Bank Consulta- mencement of voter registration. He also called tive Group in December 2004. The funds would on the Congolese leaders to ensure that the Con- be managed through a UNDP trust fund. The stitution and the electoral law provided for an in- Secretary-General requested DPKO and the Elec- clusive political process, with a clear balance of toral Assistance Division to field a mission to the power between the executive and legislative DRC to work jointly with MONUC in finalizing a branches of Government, as well as for an inde- comprehensive operational election plan. pendent judiciary, a representative legislature The number of foreign combatants and their and clear lines of accountability. He called on the dependants repatriated to Uganda, Rwanda and international community to step up its efforts Burundi totalled 11,410. Progress in repatriation and financial and logistic support with regard to remained slow due to the continued resistance by security sector reform, and to provide logistics the hard-line leadership of the armed groups and training support for FARDC units. He and the persistent military tension and instability stressed that the establishment of an integrated in the Kivus. The presence and activities on Con- and professional army and police force was key to golese territory of ex-FAR/Interahamwe re- the MONUC exit strategy, and urged the interna- mained a destabilizing factor in the relations be- tional community to organize itself around a lead tween the DRC and Rwanda. In that regard, country to support those efforts. The Secretary- MONUC, in consultation with Congolese authori- General recommended that the Council extend ties, key Member States and Rwanda, was imple- MONUC’s mandate for a period of one year, until menting a strategy of political and military pres- 31 March 2006. sure in conjunction with a reliance on justice. In February, Transitional Government officials met SECURITY COUNCIL ACTION with the FDLR leadership to persuade them to re- On 30 March [meeting 5155], the Security Council nounce publicly the use of force against Rwanda, unanimously adopted resolution 1592(2005). condemn the 1994 genocide in that country [YUN The draft [S/2005/207] was prepared in consulta- 1994, p. 282] and agree to disarm voluntarily and be tions among Council members. repatriated. With its deployment of two brigades The Security Council, to the Kivus, MONUC would step up military pres- sure by conducting operations to disrupt and Recalling its previous resolutions and the statements by its President concerning the Democratic Republic weaken FDLR formations, thereby to limit their of the Congo, in particular resolution 1565(2004) of area of operations. It was also assisting FARDC in 1 October 2004, and the statement of 2 March 2005, developing a concept of operations for the forci- Reaffirming its commitment to respect the sovereignty, ble disarmament of FDLR, including logistic territorial integrity and political independence of the support. Democratic Republic of the Congo as well as of all

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States in the region, and its support for the process of and looking forward to the special report on the elec- the Global and All-Inclusive Agreement on the Transi- toral process announced by the Secretary-General in tion in the Democratic Republic of the Congo, signed paragraph 34 of his seventeenth report, in Pretoria on 17December 2002, and calling upon all Noting that the situation in the Democratic Republic the Congolese parties to honour their commitments in of the Congo continues to constitute a threat to inter- this regard, in particular so that free, fair and peaceful national peace and security in the region, elections can take place, Acting under Chapter VII of the Charter of the Reiterating its serious concern regarding the continua- United Nations, tion of hostilities by armed groups and militias in the 1. Decides to extend the mandate of the United eastern part of the Democratic Republic of the Congo, Nations Organization Mission in the Democratic Re- particularly in the provinces of North and South Kivu public of the Congo, as contained in resolution and in the Ituri district, and by the grave violations of 1565(2004), until 1 October 2005, with the intention to human rights and of international humanitarian law renew it for further periods; that accompany them, calling upon the Government of 2. Reaffirms its demand that all parties cooperate National Unity and Transition to bring the perpetra- fully with the operations of the Mission and that they tors to justice without delay, and recognizing that the ensure the safety of, as well as unhindered and imme- continuing presence of ex-Forces armées rwandaises diate access for, United Nations and associated person- and Interahamwe elements remains a threat for the nel in carrying out their mandate, throughout the ter- local civilian population and an impediment to good- ritory of the Democratic Republic of the Congo, and neighbourly relations between the Democratic Repub- in particular that all parties provide full access to Mis- lic of the Congo and Rwanda, sion military observers, including to all ports, airports, Welcoming, in this regard, the African Union’s airfields, military bases and border crossings, and re- support for efforts to further peace in the eastern part quests the Secretary-General to report without delay of the Democratic Republic of the Congo, and calling any failure to comply with these demands; upon the African Union to work closely with the 3. Urges the Government of National Unity and United Nations Organization Mission in the Demo- Transition to do its utmost to ensure the security of ci- cratic Republic of the Congo in defining its role in the vilians, including humanitarian personnel, by effec- region, tively extending State authority throughout the terri- Recalling its condemnation of the attack by one of tory of the Democratic Republic of the Congo, and in these militias against members of the Mission on 25 particular in North and South Kivu and in Ituri; February 2005, and welcoming the first steps taken to 4. Calls upon the Government of National Unity date to bring them to justice, in particular the arrests and Transition to carry out the reform of the security of militia leaders suspected of bearing responsibility sector, through the expeditious integration of the for human rights abuses, armed forces and of the national police of the Demo- Reiterating its call upon the Congolese parties, when cratic Republic of the Congo and in particular by en- selecting individuals for key posts in the Government suring adequate payment and logistical support for of National Unity and Transition, including the their personnel, and stresses the need in this regard to armed forces and national police, to take into account implement without delay the national disarmament, the record and commitment of those individuals with demobilization and reintegration programme for Con- regard to respect for international humanitarian law golese combatants; and human rights, 5. Also calls upon the Government of National Unity Recalling that all the parties bear responsibility for and Transition to develop with the Mission a joint con- ensuring security with respect to civilian populations, cept of operations for the disarmament of foreign in particular women, children and other vulnerable combatants by the armed forces of the Democratic Re- persons, and expressing concern at the continuing lev- public of the Congo, with the assistance of the Mission, els of sexual violence, within its mandate and capabilities; Reaffirming its full support for the Mission and for its 6. Calls upon the donor community, as a matter of personnel, who operate in particularly hazardous con- urgency, to continue to engage firmly in the provision ditions, and welcoming the robust action it is under- of assistance needed for the integration, training and taking in pursuit of its mandate, equipping of the armed forces and of the national po- Bearing in mind the third special report of the lice of the Democratic Republic of the Congo, and Secretary-General of 16 August 2004 on the Mission urges the Government of National Unity and Transi- and its recommendations, and aware of the impor- tion to promote all possible means to facilitate and to tance of keeping under review the situation in the expedite cooperation to this end; Katanga and KasaV provinces, 7. Emphasizing that the Mission is authorized to use Recalling the link between the illicit exploitation and all necessary means, within its capabilities and in the trade of natural resources in certain regions and the areas where its armed units are deployed, to deter any fuelling of armed conflicts, condemning categorically attempt at the use of force to threaten the political pro- the illegal exploitation of natural resources and other cess, and to ensure the protection of civilians under sources of wealth of the Democratic Republic of the imminent threat of physical violence, from any armed Congo, and urging all States, especially those in the re- group, foreign or Congolese, in particular the ex- gion including the Democratic Republic of the Congo Forces armées rwandaises and Interahamwe, encour- itself, to take appropriate steps in order to end these il- ages the Mission in this regard to continue to make full legal activities, use of its mandate under resolution 1565(2004) in the Taking note of the seventeenth report of the eastern part of the Democratic Republic of the Congo, Secretary-General of 15 March 2005 on the Mission, and stresses that, in accordance with its mandate, the

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Mission may use cordon and search tactics to prevent Nations, the EU and some countries planned to attacks on civilians and to disrupt the military capabil- hold discussions with ex-FAR/Interahamwe, and ity of illegal armed groups that continue to use vio- that the political leadership of groups responsi- lence in those areas; ble for the 1994 genocide was based in Belgium 8. Calls upon all the parties to the transition in the Democratic Republic of the Congo to make concrete with an official address. progress towards the holding of elections, as provided A 24 June assessment of the Security Council’s for by the Global and All-Inclusive Agreement on the work under the Presidency of China [S/2005/415] Transition in the Democratic Republic of the Congo, included information that the Council was in particular in furthering the early adoption of the briefed on 7 April by the Assistant Secretary- constitution and of the electoral law, as well as the reg- General for Peacekeeping Operations on the 31 istration of voters; March FDLR statement issued in Rome, in which 9. Demands that the Governments of Uganda, Rwanda, as well as the Democratic Republic of the FDLR condemned the 1994 genocide in Rwanda Congo put a stop to the use of their respective terri- [YUN 1994,p. 282] and committed itself to renounce tories in support of violations of the arms embargo im- the use of force and cease all offensive operations posed by resolution 1493(2003) of 28 July 2003 or of against Rwanda. activities of armed groups operating in the region; The thirty-third meeting of the AU Peace and 10. Urges all States neighbouring the Democratic Security Council (Addis Ababa, Ethiopia, 24 Republic of the Congo to impede any kind of support June) [S/2005/429] reiterated the AU’s determina- to the illegal exploitation of Congolese natural re- sources, particularly by preventing the flow of such re- tion to contribute to the effective disarmament sources through their respective territories; and neutralization of ex-FAR/Interahamwe and 11. Reaffirms its concern regarding acts of sexual other armed groups in the eastern DRC and en- exploitation and abuse committed by United Nations couraged the DRC, the other countries of the re- personnel against the local population, and requests gion and the international community to do their the Secretary-General to ensure compliance with the utmost to persuade FDLR to honour uncondition- zero tolerance policy he has defined and with the ally and without delay its commitments made in measures put in place to prevent and investigate all Rome on 31 March. forms of misconduct, discipline those found responsi- ble and provide support to the victims, and to pursue active training and awareness-raising of all Mission SECURITY COUNCIL ACTION personnel, and further requests the Secretary-General On 12 April [meeting 5162], following consulta- to keep the Council regularly informed of the meas- tions among Security Council members, the Pres- ures implemented and their effectiveness; ident made statement S/PRST/2005/15 on be- 12. Urges troop-contributing countries carefully to half of the Council: review the letter dated 24 March 2005 from the Secretary-General to the President of the Security The Security Council welcomes the statement Council and to take appropriate action to prevent sex- issued by the Forces démocratiques de libération du ual exploitation and abuse by their personnel in the Rwanda in Rome, on 31 March 2005, in which they Mission, including the conduct of predeployment condemn the 1994 genocide and commit themselves awareness-training, and to take disciplinary action and to renounce the use of force and cease all offensive other action to ensure full accountability in cases of operations against Rwanda. It considers this encour- such misconduct involving their personnel; aging statement as a significant opportunity to move 13 . Decides to remain actively seized of the matter. towards the return of peace in the Democratic Re- public of the Congo, national reconciliation in Rwanda, and full normalization of relations between Declarations of intent to disarm the two countries. It commends the role of indepen- Rwanda, by a 1 April communiqué [S/2005/223], dent mediator played by the Sant’Egidio community. informed the Security Council that it had re- The Council calls upon the Forces démocratiques ceived information that the ex-FAR/Interahamwe de libération du Rwanda to turn their positive words forces (also known as FDLR/FOCA) operating in into action and to demonstrate their commitment to peace by immediately handing all their arms to the the eastern DRC had decided to disarm uncondi- United Nations Organization Mission in the Demo- tionally and to return to Rwanda. Rwanda urged cratic Republic of the Congo and by taking part in the DRC and the international community to act the programme put in place for their earliest volun- with dispatch to ensure the expeditious disarma- tary and peaceful return to Rwanda or resettlement, ment and return of those forces. It remained as well as by assisting the International Criminal Tri- ready to receive all former combatants returning bunal for Rwanda in Arusha to fulfil its mandate, to Rwanda and to assist in their reintegration. particularly with regard to the arrest and transfer to Rwanda welcomed the commitment of the Sant’ its custody of indictees who remain at large. The Council encourages all other armed groups Egidio community in its role as mediator to join in the Democratic Republic of the Congo that have the international community in working for a not yet done so to renounce likewise the use of force speedy disarmament and demobilization of those and to take part without delay in the programmes of groups. It expressed grave concern that the United disarmament, demobilization and reintegration.

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The Council urges the Governments of the Demo- country the size of Europe with virtually no cratic Republic of the Congo and Rwanda to work to- roads; a population without identity cards and no gether, in close cooperation with the Mission, to census since 1984; political tensions and insecu- make use of the chance given to them to contribute to peace and stability in the whole Great Lakes region rity from armed groups; and pressure from the of Africa. public’s high expectations for change. The elec- The Council welcomes the commitment of the toral process would also be affected by a number Government of Rwanda to receive former combat- of key transitional issues on which progress was ants, and urges the Government of Rwanda to guar- significantly delayed, in particular the integra- antee the return and reintegration of members of tion and reform of the army and police, the legis- the Forces démocratiques de libération du Rwanda lative agenda, the extension of State adminis- and their dependents to be repatriated, in accord- tration, and the financial management of the ance with applicable standards of international law and with respect for the rights and freedoms of the country. The Secretary-General said it was essen- human being. tial that the elections be sufficiently credible in The Council recalls the need for an effective pro- the eyes of the Congolese electorate and that the gramme of reintegration to be quickly implemented political parties encourage broad acceptance of with the support, as appropriate, of the international the process and its results. At a March seminar community. for political parties, IEC presented a draft code of conduct for the electoral process, which was Press statement. According to a 26 April press adopted by general consensus by all parties pres- statement by the Security Council President ent and was being finalized for their signature. [SC/8369], the Council was briefed by the Under- The Secretary-General said Congolese leaders Secretary-General for Peacekeeping Operations should be urged to pledge publicly, on behalf of that political developments in the DRC were at a their respective political parties and followers, to point when the transition process was entering a accept the results of the elections and condemn key phase. The possibility that the Council might any use of violence, intimidation or corruption send a number of its ambassadors on a mission to during the electoral process; the international the DRC capital, Kinshasa, was discussed, a deci- community should ensure that those commit- sion which would be taken at an appropriate ments were respected. stage. The Council encouraged the Congolese To address reports of growing and widespread parties to carry through their political process in misuse of State resources, and to help strengthen full respect of the principles set out in the 2002 public confidence in the transition process, some Global and All-Inclusive Agreement [YUN 2002, Member States had suggested the establishment p. 125]. The Council remained committed to sup- of a joint mechanism of Congolese officials and porting the process, including through its strong international donors to support the transparent support for the action by the Special Representa- management of State resources. Strongly sup- tive and CIAT in Kinshasa. porting the idea, the Secretary-General said the mechanism could take the form a “Group of Election preparations Friends on Good Governance” and include the In a May special report [S/2005/320], the World Bank Group, the International Monetary Secretary-General provided an overview of pro- Fund (IMF) and UNDP; he asked his Special Rep- gress towards the holding of elections in the DRC, resentative to explore the concept with his Con- including the legislative and operational frame- golese interlocutors and donors. work, the political situation and the security envi- The Secretary-General observed that, despite ronment. Based on the findings of an April UN the security, operational and political challenges, mission to the DRC to assess electoral prepara- elections could be held in the DRC within a rea- tions, the report also presented MONUC’s plans sonable period of time, given sufficient focus and for assisting the Congolese people to achieve a support by the Transitional Government and as- viable and open electoral process. sistance from international partners. It was The Secretary-General said that, while consid- primarily the responsibility of the Transitional erable difficulties had been encountered during Government to create the conditions necessary the previous two years, the Transitional Govern- for stability in the post-transition period and for ment had made significant strides in implement- the success of the electoral process. The ing the objectives of 2002 Global and All- Secretary-General strongly urged the transi- Inclusive Agreement, and the Congolese people tional leaders to enter into the commitments rec- were increasingly focused on the forthcoming na- ommended, including the signing of a code of tional elections, the first in the DRC since 1965. conduct and the establishment of a “Group of The elections faced a number of challenges: the Friends on Good Governance”. He remained logistical task of reaching all eligible voters in a deeply concerned over the state of security sector

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reform, stating that the Transitional Govern- The Council calls upon all Congolese parties to ment should not allow armed elements of former respect this decision, which aims to allow the elec- factions to be politically manipulated during the tions provided for by the Agreement to take place in satisfactory logistic and security conditions. It en- electoral period. It had to ensure transparent courages the Congolese people to mobilize for and payment of salaries and financial support to a conduct the electoral process in a peaceful manner, viable “brassage” process, as well as support to the and urges, in particular, candidates and political new integrated brigades. The Secretary-General parties to refrain from any action that might disrupt urged donors to transform their commitments to the process. It takes note, in this regard, of the rec- the electoral budget into actual disbursements to ommendation contained in the special report of the avoid bottlenecks in the electoral operations. Secretary-General of 26 May 2005 on elections in the Democratic Republic of the Congo that all political In the context of MONUC’s role in disarming parties should sign and commit themselves to re- more than 12,000 combatants in Ituri and in in- spect the agreed code of conduct for the electoral creasing security in North Kivu and South Kivu, process. The Council urges all parties and transi- the Secretary-General recommended that the tional institutions to make every effort to respect Council consider: increasing MONUC’s military scrupulously the timetable for polls developed by the strength by some 2,590 all ranks to a total of Independent Electoral Commission, and in particu- lar to begin preparations for the referendum on the 19,290—the additional military personnel to be draft Constitution as soon as possible. deployed temporarily during and in the immedi- The Council welcomes the progress made so far in ate period following the elections; strengthening the preparation of the elections, in particular the the civilian police component by an additional adoption and promulgation of the referendum law, 261 civilian police and five formed police units to and the start of voter registration in Kinshasa, which undertake training and institution-building ac- marks an historic and important step in the electoral tivities; and mandating MONUC to provide logis- process in the Democratic Republic of the Congo. tical support, as requested by IEC, for the trans- The Council calls upon the transitional authorities port of electoral material from Kinshasa to the to accelerate those reforms remaining to be carried out, in particular drafting of the electoral law and in- 145 territories (into which the districts were sub- tegration of the security forces. divided) and 21 cities in the DRC. The Council underlines the importance of elec- In a July addendum to his report [S/2005/ tions as the foundation for the longer term restora- 320/Add.1], the Secretary-General informed the tion of peace and stability, national reconciliation, Council that the financial implications arising and establishment of the rule of law in the Demo- from the recommended support by MONUC for cratic Republic of the Congo. It calls upon the Con- the elections were projected at some $188.8 mil- golese authorities to exercise efficient, transparent and comprehensive control over State finances, en- lion for the 12-month period. suring that there is no impunity for those responsi- Extension of transition period. On 17 June ble for acts of embezzlement or corruption. In this [S/2005/408], the DRC National Assembly and Sen- regard, the Council encourages the Congolese au- ate, in a joint decision, extended the transition thorities to continue consultations with their interna- period in the DRC for six months as from 1 July,in tional partners, in full respect for the sovereignty of the Democratic Republic of the Congo, and to put in accordance with the Transitional Constitution. place credible arrangements to strengthen support The period would be renewable once and would for good governance and transparent economic expire on the inauguration of the DRC President management. after the elections. Annexed to the decision was a IEC tentative schedule of elections drawn up by . Massacres

SECURITY COUNCIL ACTION (June) As described in a later communication from the Secretary-General to the Security Council On 29 June [meeting 5218], following consulta- [S/2006/28], a group of armed Rwandan elements tions among Security Council members, the Pres- attacked the village of Kabingu in Ntulu-Mamba ident made statement S/PRST/2005/27 on be- in South Kivu on 9 July. A MONUC multi- half of the Council: disciplinary team that investigated the attack, The Security Council takes note of the joint deci- from 12 to 20 July, confirmed that over 50 civil- sion reached by the two Houses of Parliament of the ians were killed, more than 40 of whom, mostly Democratic Republic of the Congo on 17 June 2005 women and children, were either burned alive in to extend for a period of six months, renewable once, their huts or killed by machete blows while trying the transitional period that was to expire on 30 June to escape; 15others were injured, 6 of whom later 2005, in accordance with the provisions of the Global and All-Inclusive Agreement on the Transition in died of their injuries; 11 women were raped. the Democratic Republic of the Congo, signed in Widespread looting was also reported. Eyewit- Pretoria on 17 December 2002, and with article 196 nesses indicated that the perpetrators were a of the transitional Constitution. group of about 30 well-armed Rwandans from an

YUN05—4th proofs Dec. 24 2007 Africa 179 area near Kahuzi-Biega National Park, approxi- made in Rome, on 31 March 2005, renounce the use mately 20 kilometres north-west of Bukavu—the of force and settle without delay the issue of the re- same group whom local sources claimed was re- turn to Rwanda of their combatants. The Council reaffirms its full support for the Mis- sponsible for the 23 May massacre of at least 14 sion. It welcomes the robust actions the Mission is civilians in Nindja in Kabare territory. Witnesses undertaking in pursuit of its mandate, and the assist- suggested that the attack on Kabingu might have ance it provides to the armed forces of the Demo- been a reprisal for the population’s collaboration cratic Republic of the Congo in reinforcing the safety with FARDC and MONUC. of the population. On 12 July [S/2005/451], the DRC condemned the attack on the village of Ntulu-mamba and The extended transition period those attacks carried out by FDLR,ex-FAR/ Report of Secretary-General (August). In his Interahamwe, Rasta and other armed gangs, as eighteenth (August) report on MONUC [S/2005/ well as attacks on the villages of Nyamirima, 506] the Secretary-General reported that, at the Nyakakoma and Ishasha, 150 kilometres north of end of June, when the transition period was orig- Goma in North Kivu, which it said resulted in inally to end, and into the first weeks of its six- more than 30 deaths, over 50 wounded and 39 month extended period, the Transitional Gov- huts burned down. The DRC recalled that, de- ernment maintained public order amid calls for spite FDLR’s commitment of 31March (see p. 176) violent disturbances and heightened tension due to abandon its military activities and return to to the debate over the future of the transition Rwanda, it had not yet done so. The DRC had al- process. That debate had divided the Congolese ways held that whatever potential threat the people into two major camps: those participating armed gangs posed to their countries of origin, in the transitional institutions, who favoured an they were a permanent danger and cause of inse- extension of the transition; and those largely not curity to the Congolese populations. With UN represented in the transitional institutions, who support, the DRC was determined to intensify its accused the Transitional Government of failing operations to secure the regions affected by the to organize the elections on time, opposed an au- attacks and forcibly disarm the gangs. It expected tomatic extension of the transition and called for the firm support of the international community public demonstrations to stop the transitional in that regard. process. While the large-scale actions called for by the Union pour la démocratie et le progrès so- SECURITY COUNCIL ACTION (July) cial (UDPS), the lead party of the groups opposing On 13 July [meeting 5226], following consulta- the automatic extension, did not materialize, tions among Security Council members, the Pres- clashes between demonstrators and security ident made statement S/PRST/2005/31 on be- forces between 29 June and 1 July resulted in a half of the Council: number of deaths in Kinshasa, Tshikapa and The Security Council condemns with the utmost Mbuji-Mayi. Nonetheless, by 30 June, almost firmness the massacre of some 50 people, most of 250,000 voters had received their electoral cards them women and children, which occurred on 9 July in Kinshasa, a tangible proof that the transition 2005 in Ntulu-Mamba, in the Democratic Republic was making progress and that the electoral pro- of the Congo. cess was under way. The Council requests the Special Representative of the Secretary-General for the Democratic Repub- On 13 May, the National Assembly adopted the lic of the Congo to establish the facts and report to draft constitution, which was to be submitted to a the Council as quickly as possible. referendum on 27 November (see p. 189); on 23 The Council calls upon the Congolese authorities June, the President promulgated the referendum to prosecute and bring to justice expeditiously the law. A preliminary draft of the electoral law pre- perpetrators and those responsible for these crimes, pared by IEC and the Ministry of the Interior was and requests the United Nations Organization Mis- under review by national and international ex- sion in the Democratic Republic of the Congo to pro- vide all necessary support. The Council encourages perts. On 18 June, 186 of the 221 registered polit- the Congolese authorities to continue their efforts to ical parties signed the code of conduct prepared ensure the protection of civilians and respect for hu- by IEC, outlining the principles for conducting man rights within their territory. the electoral process in a transparent, equitable, The Council stresses the need to bring to an end, credible and non-violent manner; UDPS and the particularly in the Kivus and Ituri, attacks by armed Parti du peuple pour la reconstruction et la groups on local populations, which not only cause démocratie (PPRD) had yet to sign the code. For further suffering to civilians but also threaten the stability of the entire region, as well as the holding of security reasons, voter registration was being im- elections in the Democratic Republic of the Congo. plemented throughout the country in five stages, The Council demands that the Force démocratique beginning with Kinshasa (20 June) and in Prov- de libération du Rwanda abide by the commitment ince Orientale and Bas-Congo (25 July); Katanga,

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Kasai Oriental and Kasai Occidental; Maniema, lion, was progressing slowly. As a result of the dis- North and South Kivu; and ending with armament exercise, FAPC and the Kisembo wing Bandundu and Equateur by 30 September. By 26 of UPC ceased to exist. Reports indicated, how- July,more than 2.7million voters had registered. ever, that other groups, including UPC/L and The shortfall in available funds to finance the FNI, were consolidating their remaining forces upcoming elections was of serious concern. Of under a new alliance called the Mouvement the estimated total budget of $422 million, only révolutionnaire congolais (MRC). In that connec- $272.8 million had been pledged, and additional tion, the Secretary-General strongly urged neigh- requirements of $103 million were still pending a bouring States to ensure that remaining militia decision of the Security Council. If the funds groups were not allowed to use their territories as were not approved, the electoral timetable could rear bases, safe havens or supply routes for illegal experience considerable delays. In addition, the arms trafficking. MONUC urged the Transitional Transitional Government estimated that some Government to issue international arrest war- $48 million would be needed for electoral secu- rants for militia leaders who might have taken rity, and a further $14.25 million for a communi- refuge in a neighboring country. cations system. The MONUC brigade in North Kivu carried out IEC launched a civic education campaign on 18 operations in close coordination with FARDC June, and disseminated most of the major legal against armed elements in the province to facili- texts relating to the elections, in the four national tate free and safe access for civilians, and joint languages (Swahili, Lingala, Tshiluba and MONUC-FARDC operations were conducted in Kikongo). MONUC, in partnership with the UNDP FDLR-held territory to limit FDLR’s freedom of and Appui au processus électoral au Congo, pro- movement. In Katanga and the Kasais, the threat duced four videos on the electoral process in to the electoral process posed by political tensions those languages. and uncontrolled armed groups remained of se- Some progress was made towards de-escalating rious concern. regional tensions as a result of the meeting of the In early May, the FDLR President, Ignace Foreign Ministers of the DRC, Rwanda and Murwanashyaka, travelled to Kinshasa and to Uganda (Lubumbashi, DRC, 21April) under their North and South Kivu, apparently to sensitize 2004 tripartite agreement on regional security the estimated 40,000 FDLR combatants and de- [YUN 2004, p. 134]. The parties reaffirmed their pendants believed to be operating in those prov- commitment to ending the presence and activi- inces and prepare them to implement the FDLR ties of foreign armed groups in the eastern DRC; 31March declaration. He left the country in mid- agreed to support FARDC efforts to disarm, de- May without, however, issuing orders for them to mobilize and repatriate FDLR combatants to enter the disarmament, demobilization, repatria- Rwanda, with MONUC support, and to establish a tion and rehabilitation programme, for which “fusion cell” for the exchange and analysis of in- MONUC had prepared six temporary assembly formation on border security. areas. There followed a slight increase in volun- The security situation in Ituri remained vola- tary programme participation, but no large-scale tile, despite robust measures taken by FARDC, repatriation. Between January 2003 and 27 June with MONUC support, to disarm combatants. 2005, a total of 11,729 foreign combatants and Moreover, the Transitional Government had yet their dependants were registered as having re- to extend its authority throughout the district. turned to their countries. On 24 May, a joint FARDC-MONUC operation forcefully expelled the Lubanga wing of UPC/L The Secretary-General noted that, despite ten- from its stronghold in Katoto. Under the disarm- sions at the end of the first transition period on ament and community reintegration pro- 30 June, that date passed without major disrup- gramme, which ended on 25 June, 15,607 com- tions to the peace process. He urged the Security batants of various militia groups, including 4,395 Council to approve the requests and recommen- children (840 of whom were girls) were dis- dations detailed in his special report on elections armed, and some 6,200 weapons collected. The (see p. 177) in order to allow strict adherence to sustainability of the programmes for the reinte- the electoral timetable. gration of ex-combatants into civilian life and The Secretary-General called on the Congo- of ex-militiamen into FARDC was a major chal- lese authorities to show leadership and political lenge. Two thirds of ex-combatants were unem- commitment to make certain that the reform and ployed, and, without prospects for long-term restructuring of the security services, particu- socio-economic opportunities, were likely to be larly the armed forces and national police, were tempted to take up arms again. The implementa- effectively addressed, and asked donors to con- tion of reinsertion projects, costing some $3 mil- tinue to coordinate their support in that regard.

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The Secretary-General, concerned about the (2005). The draft [S/2005/555] was prepared in continuing volatility in Ituri and its repercussions consultations among Council members. for the security of the Great Lakes region, asked The Security Council, the Transitional Government and its partners to Recalling its previous resolutions and the statements prepare urgently a comprehensive plan for inte- by its President concerning the Democratic Republic grating Ituri into the nation and end the illegal of the Congo, in particular resolutions 1565(2004) of exploitation of resources in the DRC. He urged 1 October 2004 and 1592(2005) of 30 March 2005 and national and international action to prevent vio- the statement of 29 June 2005, lations of the arms embargo imposed by Council Reaffirming its commitment to respect for the sover- resolution 1493(2003) [YUN 2003, p. 130] and as ex- eignty, territorial integrity and political independence of the Democratic Republic of the Congo as well as of tended in scope by resolution 1596(2005) (see all States in the region, and its support for the process p. 192). He also urged the Transitional Govern- of the Global and All-Inclusive Agreement on the ment and its international partners to follow up Transition in the Democratic Republic of the Congo, urgently his recommendation to set up an ar- signed at Pretoria on 17 December 2002, rangement between donors, international finan- Underlining the importance of elections as the foun- cial institutions and the Transitional Government dation for the longer-term restoration of peace and to promote good governance, and accountable stability, national reconciliation and establishment of and transparent economic management. The the rule of law in the Democratic Republic of the Congo, Secretary-General appealed to Member States to Calling upon the transitional institutions and all maintain pressure on all relevant parties to ensure Congolese parties to ensure that free, fair and peaceful that the disarmament and repatriation of FDLR elections take place and that the timetable for polls de- combatants proceeded without further delay. veloped by the Independent Electoral Commission is Security Council briefing. In his briefing to scrupulously respected, the Security Council on 11August on progress in Paying tribute to the donor community for the assist- the election preparations, the Assistant ance they provide to the electoral process in the Demo- cratic Republic of the Congo, and encouraging them Secretary-General for Peacekeeping Operations to maintain it, stressed the need to strengthen MONUC with a Welcoming the interest and commitment shown by view to mandating it to provide logistical support the Congolese authorities to promote good govern- for the election process, as requested in the ance and transparent economic management, and en- Secretary-General’s special report on the elec- couraging them to continue their efforts in this regard, tions. Reiterating its serious concern regarding the continua- Communications. The Secretary-General, on tion of hostilities by armed groups and militias in the eastern part of the Democratic Republic of the Congo, 22 August [S/2005/543], drew to the Council’s at- at the violations of human rights and of international tention that the DRC effectively had entered the humanitarian law that accompany them, and at the electoral phase of its transitional process follow- threat they pose to the holding of elections in the Dem- ing the launch of voter registration in the capital, ocratic Republic of the Congo, Kinshasa. The registration, which closed on 31 Taking note of the special report of the Secretary- July with over 2.9 million registered, marked the General of 26 May 2005 on elections in the Democratic first stage of the nationwide registration pro- Republic of the Congo and of the recommendations gramme to be extended to all provinces. The contained therein, Noting that the situation in the Democratic Republic Secretary-General understood that the Council of the Congo continues to constitute a threat to inter- had reached agreement in principle to approve national peace and security in the region, his recommendation to furnish MONUC with the Acting under Chapter VII of the Charter of the resources required to allow it to provide logisti- United Nations, cal support to the Congolese electoral process. To 1. Approves the recommendations and the concept ensure the successful completion of ongoing reg- of operations described in paragraphs 50 to 57 of the istration activities in time for the 27 November special report of the Secretary-General, and autho- rizes an increase in the strength of the United Nations constitutional referendum, the Secretary- Organization Mission in the Democratic Republic of General said he intended to begin immediately to the Congo of 841 personnel, including up to five provide such support, pending the Council’s formed police units of 125 officers each and the addi- consideration and approval of his recommenda- tional police personnel; tions. 2. Underlines the temporary character of the de- The Council took note of that intention on 26 ployments referred to in paragraph 1 above, and re- August [S/2005/544]. quests the Secretary-General to take the necessary steps with a view to downsizing or repatriating these additional personnel from 1 July 2006 at the latest, SECURITY COUNCIL ACTION (September) and to report to the Security Council before 1 June On 6 September [meeting 5255], the Security 2006 on the assessment mentioned in paragraph 47 of Council unanimously adopted resolution 1621 his special report;

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3. Approves the recommendation made by the offered by Uganda’s President to the Secretary- Secretary-General in paragraphs 58 and 59 of his spe- General during the high-level plenary meeting cial report, and authorizes the Mission, in accordance of the Assembly on 13 September and in a 22 Au- with that recommendation and with its mandate as de- fined in paragraphs 5(f) and 7(c) of resolution 1565 gust letter to the Security Council President; (2004), and acting in close coordination with the namely, that efforts be made to integrate militia United Nations Development Programme, to provide leaders into the Government of National Unity; additional support to the Independent Electoral Com- that provisional immunity be extended to the var- mission for the transport of electoral materials; ious rebel groups to ensure immediate peace; 4. Encourages the Mission, within its capacity and and that once peace and security were estab- in accordance with its mandate, to provide advice and lished, justice could be pursued. Uganda drew assistance as well as the necessary support to the set- the Assembly’s attention to an incident on 13 ting up by the Transitional Government, international financial institutions and donors of an arrangement to June, when some Congolese militia leaders en- strengthen support for good governance and transpar- tered Uganda. In the absence of a regional pro- ent economic management; cess under which they could be handed over to 5. Decides to remain actively seized of the matter. the DRC, all Uganda could do in fulfilment of its international obligation was to declare them per- Statements and communication. Speaking be- sonae non gratae. On a bilateral level, Uganda fore the General Assembly on 21September [meet- and the DRC were working closely to address ing 18], Uganda said no attention was being given outstanding problems. An intelligence-sharing to creating institutions and infrastructure to sus- mechanism existed between the two countries tain the DRC, and the integration of armed fac- and a regional intelligence fusion cell was about tions into a single national armed force was half- to be launched with United States assistance. hearted. Advocating the concept of provisional immunity, Uganda advised that all factions Further political developments should first be integrated and those guilty of of- Report of Secretary-General (September). fences punished later. What was being witnessed The Secretary-General, in his nineteenth (Sep- was a rush to elections and political agendas in tember) report on MONUC [S/2005/603], stated that the DRC without due regard to the institutions significant progress was made in voter registra- and infrastructure necessary for the long-term tion for the elections, along with some progress in sustainability of peace. The 1999 Lusaka Cease- the integration of military units in the DRC fire Agreement [YUN 1999,p. 87], which provided a armed forces and training of the national police. strong mechanism to enable the region and the Cooperation among the parties represented in DRC to play complementary roles in the peace the Transitional Government increased, result- process, had been abandoned; and, for over five ing in enhanced policy coordination. Overall re- years, MONUC had made no significant effort to lations between the DRC and neighbouring States ensure demobilization and disarmament of the had also improved. Only limited progress had negative forces recognized by that accord, thus been made by donors in providing the resources leaving in place the seeds of future conflict. pledged in support of security for the electoral The DRC, responding on 23 September [meeting process to the UNDP-managed basket fund: out 23], said Uganda’s comments were disrespectful of $48.4 million pledged, only $7.6 million had and unacceptable. It referred to what it called been received by 6 September. Meanwhile, the Uganda’s irredentist designs on the DRC, aimed Transitional Government had disbursed $1.6 mil- at “making a grab” for the country’s eastern prov- lion of the $4 million it had pledged. ince. It said Uganda’s objective was to gain con- UDPS, claiming it had not been properly regis- trol of the significant reserves of raw materials tered as a political party by the Ministry of Inte- and strategic minerals in Congolese territory. rior, called for a boycott of the electoral process The DRC believed that, to persuade Uganda to and continued to foment tensions in Katanga and embark sincerely on the road to peace, the inter- the Kasais, where its supporters protested voter national community had to impose a comprehen- registration activities; efforts to persuade UDPS sive embargo on the sale of arms and suspend bi- leaders to join the process were unsuccessful. As lateral and multilateral assistance to that country. at 17September, more than 11 million voters had In the exercise of its right of reply, Uganda, in registered, including 2.9 million in Kinshasa, out a 29 September statement to the Assembly of an estimated electorate of 20 to 25 million. [A/60/400], said it was out of concern and in the Although nationwide registration was to end on spirit of friendship that it proffered its advice on 25 September, registration timelines were ex- how the international community could move tended in several areas, as in Katanga and the the peace process forward in the DRC, especially Kasais, due to logistical difficulties and the slow in the country’s eastern part. Similar advice was rate of registration. Despite massive interna-

YUN05—4th proofs Dec. 24 2007 Africa 183 tional community support for the electoral pro- ex-Rassemblement congolais pour la démocratie- cess, only $165 million out of the $274 million Goma (RCD-G) elements who had yet to partici- pledged for the electoral budget had been re- pate in the disarmament process. On 25 August, ceived from donors as of 6 September. a statement attributed to General Laurent On 10 August, DRC Vice-President Azarias Nkunda, one of the main perpetrators of the May Ruberwa met with Uganda’s President Museveni 2004 Bukavu crisis [YUN 2004, p. 124], was pub- in Kampala on the issue of the armed groups op- lished in Goma, in which he threatened to bring erating in the DRC. On 23 August, Uganda de- down the Transitional Government. The Coun- clared the six MRC leaders personae non gratae cil of Ministers responded with a special decree and expelled them from Uganda (see p. 184). on 2 September, by which it stripped the General However, the potential of MRC to undermine pro- of his rank, removed him from the army and de- gress in stabilizing Ituri remained, given the cided to prosecute him. Joint or parallel MONUC Transitional Government’s incapacity to bring and FARDC operations resulted in an improved armed group leaders to justice and prevent their security situation in South Kivu. MONUC investi- movement into and from Uganda. gated a number of attacks by armed groups on The DRC, Rwanda and Uganda held a meeting villages in South Kivu. In North Kivu, MONUC (Kigali, 24-25 August) within the framework of teams continued to monitor the volatile security the Tripartite Joint Commission, with Burundi, situation in the Rutshuru and Masisi territories. the AU Commission, the EU Presidency and Frequent clashes between FARDC troops and MONUC attending as observers. Expressing seri- armed groups operating in the area resulted in ous concern at the failure of FDLR to disarm and numerous civilian casualties. MONUC investi- repatriate in accordance with its 31 March decla- gated several cases of killing, rape and abduction ration (see p. 176), the meeting agreed that the of civilians in Katanga. Transitional Government should maintain con- Law and order problems continued to contrib- tact with FDLR to ensure implementation of its ute to the fragility of the security situation in declaration and that failure to do so by 30 Sep- some areas of Katanga where the Transitional tember would have serious consequences, includ- Government had not established effective secu- ing the imposition of sanctions. The meeting also rity mechanisms for the protection of civilians. agreed to step up pressure to disarm militias op- Despite calls by UDPS for a boycott of voter regis- erating in the eastern DRC and to negotiate bilat- tration, the process continued in Katanga in a eral extradition treaties concerning the remnant generally peaceful fashion. In northern and militia leaders. At a ministerial level meeting of central Katanga, most Mayi-Mayi commanders the Tripartite Joint Commission (New York, 16 refused to join the disarmament process; lawless- September), Burundi became a full participant; ness continued to prevail in 10 out of Katanga’s thus the Commission was renamed the Tripartite 21 territories. On 10 and 11 August, FARDC ex- Plus Joint Commission; a summary of the deci- changed fire with a Mayi-Mayi group near the sions taken at the meeting was attached to Secu- Lunga gold mine, about 200 kilometres from rity Council presidential statement S/PRST/ Kalemie, and took control of the area. The 2005/46 (see p. 185). Secretary-General again recommended that the In Ituri, militia remnants continued to commit Council consider authorizing the deployment to human rights violations against the local popula- MONUC of an additional brigade of 2,580 person- tion in areas where MONUC or FARDC was not nel. present. Regular joint FARDC-MONUC operations A special humanitarian action plan for the DRC resulted in the apprehension of some militia ele- was being developed, with a preliminary budget ments, seizure of illegal arms and ammunition, of $800 million. The plan’s major objectives were and limiting the militias’ operational area. De- to save lives, reduce vulnerability and facilitate spite the disarmament of 15,600 ex-combatants the transition, with reintegration as a cross- in Ituri, the National Commission for Demobili- cutting issue. zation and Reinsertion continued to face difficul- The Secretary-General urged donors to accel- ties in discharging its responsibilities, in particu- erate the disbursement of their pledges for fi- lar the payment of demobilization allowances to nancing. However, the Transitional Government ex-combatants. needed to work closely with its international part- While the situation in North and South Kivu ners to ensure the sound, transparent and ac- remained tense, voter registration started in the countable management of public finances and two provinces on 21 August and generally pro- address corruption effectively. He called on the ceeded smoothly. On 26 August, tensions esca- Congolese authorities to allocate adequate finan- lated near Rutshuru in North Kivu following re- cial resources for strengthening the justice sector peated clashes between Mayi-Mayi elements and in the 2006 State budget and appealed to donors

YUN05—4th proofs Dec. 24 2007 184 Political and security questions to increase their support in that area. He urged stalled themselves in the Garamba National Park, donors to support the development of the 2006 in the eastern DRC. The DRC called the statement humanitarian action plan (see above) and to pro- an affront to the international community and a vide additional resources in response to the 2005 violation of the Charter. The DRC reiterated that Consolidated Appeal for the DRC (see p. 996). He it harboured no hidden agenda against any of its also called for increased support by international neighbours, and had given the LRA rebels an ulti- partners for the security sector reform, including matum to leave the country immediately. The for the main requirements of the FARDC bri- DRC reminded the Council of its various resolu- gades. tions and presidential statements expressing con- The Secretary-General recommended that cern over the proven support of Uganda for the MONUC’s mandate be extended for one year, un- militia in the DRC, particularly in Ituri. til 1 October 2006, which would include the pe- The DRC was firmly committed to the peace riod up to the elections and the immediate post- process; faced with the new Ugandan threat, transitional period following the installation of however, it would have no choice but to act within the new Government. the framework of international legality and of Uganda, in its observations on the Secretary- Article 51of the Charter on the inherent right of General’s foregoing report on MONUC,for- individual or collective self-defence in the event warded to the Council on 4 October [S/2005/633], of an armed attack. The DRC asked the Council to fully endorsed the Secretary-General’s request impose appropriate sanctions on Uganda, in- for 2,580 additional personnel for MONUC and cluding an embargo on arms sales to that country, his call on the international community to in- and to demand that it refrain from any action crease its assistance to the DRC in all areas, likely to disrupt the DRC peace process. especially security reform. Uganda, on 7 October [S/2005/645], strongly protested and called false the DRC allegations. It SECURITY COUNCIL ACTION (September) pointed out that the main threat to international On 30 September [meeting 5272], the Security peace and security was posed by negative forces, Council unanimously adopted resolution 1628 mainly LRA, stationed in the DRC and using it as a (2005). The draft [S/2005/614] was prepared in base from which to attack Uganda and terrorize consultations among Council members. its citizens. Uganda had an obligation to defend itself if attacked, in accordance with Article 51of The Security Council, the Charter. Uganda asserted, however, that Recalling its resolutions on the Democratic Republic there was no attack planned on the DRC and none of the Congo, in particular resolutions 1565(2004) of 1 October 2004, 1592(2005) of 30 March 2005, 1596 was envisaged. The DRC had an international ob- (2005) of 18 April 2005 and 1621(2005) of 6 September ligation to make sure its territory was not used as 2005, a base from which anti-Uganda elements could Reaffirming its commitment to respect for the sover- attack Uganda. eignty, territorial integrity and political independence Uganda stressed that its businessmen did not of the Democratic Republic of the Congo, and its trade in arms; it did not support any Congolese readiness to support the peace and national reconcilia- militia. Its sole interest and unequivocal demand tion process in that country, in particular through the was that the LRA terrorists be promptly disarmed, United Nations Organization Mission in the Demo- cratic Republic of the Congo, arrested and brought to justice. It was encour- Noting that the situation in the Democratic Republic aged that the DRC had taken steps to act against of the Congo continues to constitute a threat to inter- them and was confident that the DRC would con- national peace and security in the region, tinue to do so. Uganda added that at no time had 1. Decides to extend the mandate of the United it attempted to enter the DRC in order to attack Nations Organization Mission in the Democratic Re- the LRA terrorists. public of the Congo, as contained in resolutions Uganda requested the Council to ensure that 1565(2004), 1592(2005), 1596(2005) and 1621(2005), the DRC and MONUC were given the necessary as- adopted under Chapter VII of the Charter of the United Nations, until 31 October 2005; sistance to disarm and demobilize the negative 2. Decides also to remain seized of the matter. forces.

Communications. The DRC, in a 3 October let- SECURITY COUNCIL ACTION (October) ter to the Security Council [S/2005/620], protested On 4 October [meeting 5275], following consulta- the Ugandan President’s statement that the tions among Security Council members, the Pres- Ugandan army would cross the border into the ident made statement S/PRST/2005/46 on be- DRC if in two months’ time the DRC Government half of the Council: and MONUC failed to disarm the Ugandan rebels The Security Council takes note of the report of of LRA, who had come from the Sudan and in- the Secretary-General of 26 September 2005 on the

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United Nations Organization Mission in the Demo- State is contrary to the purposes and principles set cratic Republic of the Congo. It expresses its concern out in the Charter of the United Nations. over the presence of foreign armed groups which Attachment continue to pose a serious threat to stability in the eastern part of the country. Tripartite Plus Joint Commission Ministerial The Council deplores in this regard the failure of Waldorf Astoria Hotel the Forces démocratiques de libération du Rwanda New York to proceed with the disarmament and repatriation of 16 September 2005 their combatants, and exhorts them to do so without Summary of decisions further delay and in accordance with the declaration Members of the Tripartite Commission com- that they signed at Rome on 31 March 2005. mended Burundi’s successful political transition, of- The Council recognizes the attached decision, ficially welcomed Burundi as a full participant and taken on 16 September 2005 by the Democratic Re- adopted the new name Tripartite Plus Joint Com- public of the Congo, Uganda, Rwanda and Burundi, mission. acting within the framework of the Tripartite Plus The Tripartite Plus members Joint Commission, to set the deadline of 30 Septem- — Reiterated their commitment to prevent nega- ber 2005 for the Forces démocratiques de libération tive elements from using their respective terri- du Rwanda to disarm or otherwise to face measures tories to destabilize neighbouring countries; intended to compel them to do so. The Forces — Agreed to continue military and political pres- démocratiques de libération du Rwanda can no sure on the Forces démocratiques de libération longer remain as an armed group in the Democratic du Rwanda (FDLR) to ensure that it fulfils its Republic of the Congo. commitment to disarm and repatriate; The Council demands that the Forces — Agreed to continue military and diplomatic démocratiques de libération du Rwanda seize this pressure on all other militias to ensure their dis- opportunity to proceed voluntarily with their dis- armament and repatriation or reintegration; armament and return to Rwanda without any delay — Agreed to retain 30 September 2005, as the or preconditions. deadline for voluntary disarmament and repa- The Council commends the political and military triation or reintegration and that failure to do so pressure placed on the Forces démocratiques de would trigger imposition of sanctions; libération du Rwanda by the Government of the — Agreed that the Tripartite Joint Commission Democratic Republic of the Congo and the United has contributed to the reduction of tension in Nations Organization Mission in the Democratic Re- the Great Lakes region and that additional con- public of the Congo. fidence-building measures are necessary to The Council welcomes the steps taken by the Gov- bring stability to the area, including: ernment of Rwanda, with the support of the interna- • Authorization by the Democratic Republic tional community, to peacefully repatriate members of the Congo of a Ugandan office in Beni to of the Forces démocratiques de libération du encourage, in conjunction with the United Rwanda returning to Rwanda, in accordance with Nations Organization Mission in the Demo- the applicable norms of international law and with cratic Republic of the Congo (MONUC) and respect for the rights and freedoms of the human the Democratic Republic of the Congo, the person. The Council encourages the Government of disarmament and repatriation or reintegra- Rwanda to continue to give the widest publicity to its tion of the Allied Democratic Forces (ADF), commitments. the National Army for the Liberation of Uganda (NALU) and the People’s Redemp- The Council demands the full cooperation of the tion Army (PRA); Forces démocratiques de libération du Rwanda with • Consideration of how to extradite Mutebusi, the International Criminal Tribunal for Rwanda, Nkunda and other leaders of armed groups; particularly with regard to the arrest and transfer of • Articulation of the mechanisms the United indictees who remain at large. States of America and the European Union Moreover, the Council notes with concern the in- should employ against all militias operating cursion of members of the Lord’s Resistance Army in eastern Democratic Republic of the into the Democratic Republic of the Congo and wel- Congo by Tripartite members; comes the intention of the Congolese armed forces — Agreed to have the European Union, in con- to disarm this group in cooperation with the Mission junction with the Government of Rwanda, draft and in accordance with the mandate of the Mission an information package for distribution to FDLR as set out in resolution 1565(2004). that outlines measures to encourage their dis- Further, the Council calls upon all armed groups armament and repatriation or reintegration; in the Great Lakes region of Africa to act without de- — Welcomed the African Union’s announcement lay to lay down their arms and join the processes of of plans for an October reconnaissance mission political transition under way in the region. that will lead to recommendations on how to The Council calls upon the States of the region to proceed with the establishment of an African deepen their cooperation with a view to putting an Union force in eastern Democratic Republic of end to the activities of illegal armed groups. It recalls the Congo; its adherence to respect for the sovereignty of all — Welcomed the continued effort of the interna- States and underlines that any recourse to the threat tional community to augment and build the or use of force against the territorial integrity of a capacity of the Armed Forces of the Democratic

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Republic of the Congo (FARDC) in order to bring all States in the region, and its support for the process stability to eastern Democratic Republic of the of the Global and All-Inclusive Agreement on the Congo; Transition in the Democratic Republic of the Congo, — Agreed that MONUC’s response in eastern Dem- signed at Pretoria on 17 December 2002, ocratic Republic of the Congo had improved, Underlining the importance of elections as the foun- but that additional capacity was necessary to en- dation for the longer-term restoration of peace and force its mandate; stability, national reconciliation and establishment of — Agreed that the facilitator will draft a timeline the rule of law in the Democratic Republic of the of actions by the Tripartite members and Con- Congo, tact Group through 31 December 2005 that are Paying tribute to the donor community for the assist- aimed at ensuring stability in the Great Lakes ance they provide to the Democratic Republic of the region, to include: Congo, and in particular to the electoral process, and • Develop sanctions that will be imposed on encouraging them to maintain it, militias after 30 September 2005 should vol- Welcoming the interest and commitment shown by untary disarmament not occur. the Congolese authorities to promote good govern- • Install Tripartite Fusion Cell in Kisangani ance and transparent economic management, and urg- and Tripartite Plus member capitals. ing all the components of the Government of National • Develop and distribute an incentive package Unity and Transition to strengthen their efforts in con- to encourage FDLR and other militias to re- tinuing to build consensus in this regard, turn to their country of origin. Reiterating its serious concern regarding the continua- • Undertake an African Union reconnaissance tion of hostilities by militias and foreign armed groups mission in the Democratic Republic of the in the eastern part of the Democratic Republic of the Congo. Congo, and at the threat they pose to the holding of elections in the Democratic Republic of the Congo, Communication. Following a meeting of the Deploring the violations of human rights and inter- Tripartite Plus Joint Commission (Kampala, 20- national humanitarian law carried out by these militias 21October), the Ministers of the partner States of and groups, and stressing the urgent need for those re- the Commission (Burundi, the DRC, Rwanda and sponsible for these crimes to be brought to justice, Recognizing the link between the illegal exploitation Uganda), in a 21 October letter to the Security of natural resources, the illicit trade in such resources Council [S/2005/667], proposed that the draft reso- and the proliferation of and trafficking in arms as one lution before the Council on the renewal of of the factors fuelling and exacerbating conflicts in the MONUC’s mandate (see below) be strengthened to Great Lakes region of Africa, and in particular in the include the identification by name of all armed Democratic Republic of the Congo, groups currently operating in the eastern DRC; Taking note of the nineteenth report of the Secretary- the disarmament of all armed groups and mili- General on the United Nations Organization Mission tias in that area, using all means necessary; and a in the Democratic Republic of the Congo, of 26 Sep- tember 2005, and of the recommendations contained redoubling of the donor community’s efforts to therein, support the integration, training and equipping Noting that the situation in the Democratic Republic of the DRC armed forces and national police. At- of the Congo continues to constitute a threat to inter- tached to the letter was a text of an amendment to national peace and security in the region, the draft resolution incorporating those points. Acting under Chapter VII of the Charter of the In resolution 1649(2005) (see p. 187), the United Nations, Council took note of the letter and requested the 1. Decides to extend the mandate of the United Nations Organization Mission in the Democratic Re- Secretary-General to submit his observations public of the Congo until 30 September 2006; and, if deemed necessary,his recommendations. 2. Having taken note of the recommendations de- scribed in paragraphs 27 to 29 of the report of the SECURITY COUNCIL ACTION (October and December) Secretary-General, authorizes an increase of 300 per- On 28 October [meeting 5296], the Security sonnel in the military strength of the Mission to allow Council unanimously adopted resolution 1635 for the deployment of an infantry battalion in (2005). The draft, [S/2005/665] was prepared in Katanga, with enabling assets, including its own air consultations among Council members. mobility and appropriate medical support, to provide additional security within its area of operations during The Security Council, the electoral period; Recalling its resolutions and the statements by its 3. Underlines the temporary character of the in- President on the Democratic Republic of the Congo, in crease referred to in paragraph 2 above, and requests particular resolutions 1565(2004) of 1 October 2004, the Secretary-General to take the necessary steps with 1592(2005) of 30 March 2005, 1596(2005) of 18 April a view to downsizing or repatriating this additional 2005, 1621(2005) of 6 September 2005 and 1628(2005) strength from 1 July 2006 at the latest, and to report to of 30 September 2005, and the statement of 4 October the Security Council before 1 June 2006 on the assess- 2005, ment to be made for that purpose; Reaffirming its commitment to respect for the sover- 4. Calls upon the transitional institutions and all eignty, territorial integrity and political independence Congolese parties to ensure that free, fair and peaceful of the Democratic Republic of the Congo as well as of elections take place and that the timetable for polls de-

YUN05—4th proofs Dec. 24 2007 Africa 187 veloped by the Independent Electoral Commission is the Global and All-Inclusive Agreement on the Transi- scrupulously respected, and underlines in this regard tion in the Democratic Republic of the Congo, signed the fact that it is the responsibility of the Congolese au- at Pretoria on 17December 2002, and underlining the thorities to adopt the necessary legislation without importance of elections as the foundation for the further delay; longer-term restoration of peace and stability, national 5. Calls upon the Government of National Unity reconciliation and establishment of the rule of law in and Transition to carry out reform of the security sec- the Democratic Republic of the Congo, tor, through the expeditious integration of the Armed Reiterating its serious concern regarding the continua- Forces and of the National Police of the Democratic tion of hostilities by militias and foreign armed groups Republic of the Congo and in particular by ensuring in the eastern part of the Democratic Republic of the adequate payment and logistical support for their per- Congo, and at the threat they pose to civilians and to sonnel; the holding of elections in the Democratic Republic of 6. Calls upon the donor community, as a matter of the Congo and to stability in the region, urgency, to continue to engage firmly in the provision Deploring the violations of human rights and inter- of assistance needed for the integration, training and national humanitarian law committed by these groups equipping of the Armed Forces and of the National and militias, and stressing the urgent need for those Police of the Democratic Republic of the Congo, and responsible for these crimes to be brought to justice, urges the Government of National Unity and Transi- Welcoming the robust action taken by the United tion to promote all possible means to facilitate and ex- Nations Organization Mission in the Democratic Re- pedite cooperation to this end; public of the Congo against these groups and militias, 7. Requests the Mission, within its capacity and man- and commending the dedication of the personnel of date, and in consultation with international financial the Mission, who are operating in particularly hazard- institutions and donors, to continue to provide advice ous conditions, and assistance, as well as the necessary support, to the Calling upon all armed groups in the Great Lakes effective follow-up to the meeting held on 21 Septem- region of Africa, such as the Forces démocratiques de ber 2005 between the Espace présidentiel and the In- libération du Rwanda, the Parti pour la libération du ternational Committee in Support of the Transition, to peuple hutu-Forces nationales de libération and the strengthen support for good governance and transpar- Lord’s Resistance Army, to act without delay to lay ent economic management; down their arms, enter demobilization programmes 8. Welcomes the action taken by the Mission in inves- and support efforts to consolidate peace that are under tigating and dealing with instances of sexual exploita- way in the region, tion and abuse and its efforts to put in place preventive Having noted the decision, taken on 16 September measures, requests the Secretary-General to continue 2005 by the Democratic Republic of the Congo, to take the necessary measures to achieve actual com- Uganda, Rwanda and Burundi, acting within the pliance in the Mission with the United Nations zero- framework of the Tripartite Plus Joint Commission, to tolerance policy on sexual exploitation and abuse and retain the deadline of 30 September 2005 for the vol- to keep the Council informed, and urges troop- untary disarmament of the Forces démocratiques de contributing countries to take appropriate preventive libération du Rwanda, on the understanding that sanc- action, including predeployment awareness training, tions would be imposed should they fail to respect this and other action to ensure full accountability in cases deadline, of such conduct involving their personnel; Taking note of the letter dated 21 October 2005 from 9. Decides to remain actively seized of the matter. the ministers representing Burundi, the Democratic Republic of the Congo, Rwanda and Uganda on the On 21 December [meeting 5340], the Council, Tripartite Plus Joint Commission addressed to the having considered the report of the Security President of the Security Council, Calling upon the States of the region to deepen their Council mission to Central Africa in November cooperation with a view to putting an end to the activi- (see p. 162) and the 21 October letter of the Tri- ties of illegal armed groups, and underlining the fact partite Plus Joint Commission (see p. 186), unan- that any recourse to the threat or use of force against imously adopted resolution 1649(2005). The the territorial integrity of a State is contrary to the draft [S/2005/810] was prepared in consultations Charter of the United Nations, among Council members. Urging, in this regard, participants in the Interna- tional Conference on Peace, Security, Democracy and The Security Council, Development in the Great Lakes Region of Africa to Recalling its resolutions and the statements by its convene the second summit as soon as possible, President concerning the Democratic Republic of the Aware that the link between the illegal exploitation of Congo, in particular resolutions 1533(2004) of 12 natural resources, the illicit trade in those resources March 2004, 1565(2004) of 1 October 2004, 1592(2005) and the proliferation of and trafficking in arms is one of 30 March 2005, 1596(2005) of 18 April 2005, of the factors fuelling and exacerbating conflicts in the 1616(2005) of 29 July 2005, 1621(2005) of 6 September Great Lakes region of Africa, in particular in the Dem- 2005 and 1628(2005) of 30 September 2005, and the ocratic Republic of the Congo, statements of 2 March and 4 October 2005, Paying tribute to the donor community for the assist- Reaffirming its commitment to respect for the sover- ance it is providing to the Democratic Republic of the eignty, territorial integrity and political independence Congo, and encouraging it to maintain that assistance, of the Democratic Republic of the Congo as well as all Taking note of the report of the Security Council mis- States in the region, and its support for the process of sion which visited the region of Central Africa from 4

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to 11 November 2005, and endorsing its recommenda- 9. Recalls that, by its resolution 1565(2004), the tions, Council has mandated the United Nations Organiza- Noting that the situation in the Democratic Republic tion Mission in the Democratic Republic of the Congo of the Congo continues to pose a threat to international to support operations led by the Armed Forces of the peace and security in the region, Democratic Republic of the Congo to disarm foreign Acting under Chapter VII of the Charter, combatants, and to facilitate the voluntary repatriation 1. Deplores the fact that foreign armed groups pres- of disarmed foreign combatants and their dependants; ent in the eastern part of the Democratic Republic of 10. Requests, in this regard, the Secretary-General, the Congo have not yet laid down their arms, and de- in close coordination with all relevant stakeholders mands that all such groups engage voluntarily and and in particular the Government of National Unity without any delay or preconditions in their disarma- and Transition, to submit to the Council for its consid- ment and in their repatriation and resettlement; eration, by 15 March 2006, a comprehensive and inte- 2. Decides that, for a period expiring on 31 July grated strategy for the disarmament, repatriation and 2006, the provisions of paragraphs 13 to 16 of resolu- resettlement of foreign combatants, incorporating mil- tion 1596(2005) shall extend to the following individ- itary, political, economic and justice-related aspects, uals, as designated by the Security Council Committee including the contribution of the Mission within its established pursuant to resolution 1533(2004) (“the current mandate, in accordance with the applicable Committee”): norms of international law and with respect for the (a) Political and military leaders of foreign armed rights and freedoms of the human person; groups operating in the Democratic Republic of the 11. Emphasizes that, as per resolution 1565(2004), Congo who impede the disarmament and the volun- the Mission is authorized to use all necessary means, tary repatriation or resettlement of combatants be- within its capabilities and in the areas where its armed longing to those groups; units are deployed, to deter any foreign or Congolese (b) Political and military leaders of Congolese mili- armed group from attempting to use force to threaten tias receiving support from outside the Democratic Re- the political process, and to ensure the protection of ci- public of the Congo, and in particular those operating vilians under imminent threat of physical violence; in Ituri, who impede the participation of their combat- 12. Urges the Government of National Unity and ants in disarmament, demobilization and reintegra- Transition to carry out reform of the security sector, tion processes; through the expeditious integration of the Armed 3. Decides also that the measures imposed under Forces and of the National Police of the Democratic paragraph 2 above as well as those under paragraph 13 Republic of the Congo, and in particular by ensuring of resolution 1596(2005) shall not apply where the adequate and timely payment and logistical support Committee authorizes in advance, and on a case-by- for their personnel, with a view to allowing them, inter case basis, the transit of individuals returning to the alia, to expedite the disarmament of armed groups op- territory of the State of their nationality, or participat- erating on Congolese territory, taking note, as appro- ing in efforts to bring to justice perpetrators of grave priate, of the recommendations of the European violations of human rights or international humanita- Union Mission of Assistance for Security Sector Re- rian law; form mentioned in the report of the Security Council 4. Decides further that the tasks of the Committee mission to Central Africa; set out in paragraph 18 of resolution 1596(2005) shall 13 . Reiterates its call upon the donor community, as a extend to the provisions set out in paragraph 2 above; matter of urgency, to continue to engage firmly in the 5. Requests the Secretary-General and the Group provision of assistance needed for the integration, of Experts established pursuant to resolution 1533 training and equipping of the Armed Forces and of (2004), within its capabilities and without prejudice to the National Police of the Democratic Republic of the the execution of the other tasks in its mandate, to assist Congo, and urges the Government of National Unity the Committee in the designation of the leaders re- and Transition to promote all possible means to facili- ferred to in paragraph 2 above; tate and expedite cooperation to this end; 6. Decides that the provisions of paragraphs 2 to 5 14 . Requests the Secretary-General to submit his above shall enter into force on 15 January 2006, unless observations and, if he deems it necessary, recommen- the Secretary-General informs the Council that the dations concerning the letter dated 21 October 2005 process of disarmament of those foreign armed from the ministers representing Burundi, the Demo- groups and Congolese militias operating in the Demo- cratic Republic of the Congo, Rwanda and Uganda on cratic Republic of the Congo is being completed; the Tripartite Plus Joint Commission addressed to the 7. Decides also that, no later than 31 July 2006, it President of the Security Council; shall review the measures set forth in paragraph 2 15. Demands that the Governments of Uganda, above, in the light of progress accomplished in the Rwanda, the Democratic Republic of the Congo and peace and transition process in the Democratic Repub- Burundi take measures to prevent the use of their re- lic of the Congo, in particular with regard to the dis- spective territories in support of violations of the arms armament of foreign armed groups; embargo imposed by resolutions 1493(2003) of 28 July 8. Urges the Government of National Unity and 2003 and 1596(2005), and renewed by resolution 1616 Transition to do its utmost to ensure the security of (2005), or in support of activities of armed groups civilians, including humanitarian personnel, by effec- present in the region; tively extending State authority throughout the terri- 16. Demands also that all States neighbouring the tory of the Democratic Republic of the Congo, and in Democratic Republic of the Congo, as well as the Gov- particular in the provinces of North Kivu and South ernment of National Unity and Transition, impede Kivu and in the Ituri district; any kind of support to the illegal exploitation of Con-

YUN05—4th proofs Dec. 24 2007 Africa 189 golese natural resources, in particular by preventing assistance of the international community,to take up the flow of such resources through their respective ter- this challenge. ritories; The Council recalls its support for the holding of 17. Requests States concerned and in particular elections in the coming months, which must take those in the region to take additional measures with re- place before the end of the transitional period on 30 gard to the political and military leaders of the foreign June 2006. It urges the Government of National armed groups present in their respective territories, Unity and Transition to live up to the expectations of including, where necessary, by taking action to bring the Congolese people and to do its utmost to ensure them to justice or by taking appropriate measures of that the next polls are held in accordance with the international cooperation and judicial assistance; timetable of the Independent Electoral Commis- 18. Reiterates its call upon the Congolese authorities sion. to bring to justice without delay perpetrators of grave violations of human rights and international humani- The EU, on 22 December [S/2005/853], issued a tarian law, and reiterates that the mandate of the statement congratulating the Congolese people, United Nations Organization Mission in the Demo- IEC and MONUC on the successful holding of the cratic Republic of the Congo, as set out in resolution 1565(2004), includes cooperation with efforts to bring referendum on the Constitution on 18 December such perpetrators to justice; and reiterated its strong commitment to help the 19 . Demands that all parties cooperate fully with the Congolese people to achieve the goal of complet- International Criminal Tribunal for Rwanda, particu- ing the transition to full democratic Government larly with regard to the arrest and transfer of indictees as soon as possible. who remain at large; 20. Decides to remain actively seized of the matter. Situation at end of year The twentieth (December) report of the Constitutional referendum Secretary-General on MONUC [S/2005/832] noted The referendum on the draft constitution, that the electoral process gained further momen- originally scheduled for 27 November, but post- tum. Voterregistration was completed in all prov- poned owing to the need to extend the period of inces, with over 25 million citizens, of an esti- voter registration, particularly in the provinces of mated electorate of 22 to 28 million having been Bandundu and Equateur, was successfully held registered by 17 December. On 7 November, on 18 and 19December with minimal security in- President Kabila submitted to the National As- cidents country-wide. Turnout was moderate sembly the draft electoral law, adopted by the and somewhat low in the opposition strongholds Council of Ministers on 25 October. The draft of the Kasais and in parts of Kinshasa, but appre- provided for elections to the national and provin- ciably higher in the eastern provinces. The refer- cial assemblies to be conducted under a propor- endum was preceded by a formal information tional representation system, with a closed list of campaign, from 2 to16 December, as required by candidates; to that end, 186 districts would be es- the referendum law. Several months prior to that, tablished, based on the existing administrative IEC, MONUC, most political parties and several units (territories, towns and, for Kinshasa, com- NGOs carried out civic education programmes. munes). A joint commission of National Assem- Civic and voter education activities were gener- bly and Senate members considered the draft text ally believed to have been insufficient, however, to help bridge differences on some of its essential and would need to be stepped up in the lead-up provisions, including the options of using open to the elections. and closed lists. It recommended an amended draft providing for a combination of three elec- SECURITY COUNCIL ACTION toral systems, depending on the number of seats On 21 December [meeting 5340], following con- in each constituency. On 29 November, the Na- sultations among Security Council members, the tional Assembly adopted the law granting am- President made statement S/PRST/2005/66 on nesty for all political offences, including attempts behalf of the Council: on the life of a Head of State, as envisaged in the The Security Council commends the people of 2002 Global and All-Inclusive Agreement [YUN the Democratic Republic of the Congo for the suc- 2002, p. 125]. cessful holding of the referendum on the draft Con- The security situation in Ituri, although signif- stitution. The large number of voters demonstrated icantly improved, remained fragile. An FARDC in- a genuine aspiration to peace and national reconcili- tegrated brigade, with MONUC support, was de- ation. ployed to the gold-mining areas of Kilo and The Council pays tribute to the work of the Inde- pendent Electoral Commission, which was able, with Mongwalu in mid-October. By early November, unprecedented and outstanding logistical support close to 1,000 MRC militia had surrendered, of from the United Nations Organization Mission in whom 300 were transported to Kisangani to be the Democratic Republic of the Congo and with the disarmed and demobilized. As a result of a joint

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FADRC-MONUC operation launched in mid- including over the Lunga gold mines. Outside November in Irumu territory, south of Bunia, the main cities, illegal roadblocks were set up, some 200 MRC elements fled towards North Kivu, and gross human rights violations by Mayi-Mayi, where they surrendered to FARDC and were dis- FARDC, the national police, and intelligence and armed. Another 100 militia fled to Uganda and security services continued unabated. handed over their weapons to the Ugandan Peo- The Transitional Government, with MONUC ples’ Defence Forces (UPDF); their repatriation support, intensified its operations forcibly to dis- was being organized by Uganda and the DRC.Se- arm and repatriate Rwandan and Ugandan curity in the border areas deteriorated, particu- armed groups in the DRC. Several operations larly in the Aru and Faradje territories, report- were carried out in the North and South Kivus, edly infiltrated by LRA and Sudanese criminal and about 60 Rwandan combatants and their de- elements and UPDF troops from the Sudan and pendants agreed to enter the demobilization pro- Uganda. The situation improved following a cess. As to the three-phase disarmament of for- joint FADRC-MONUC operation around Aba, on mer FARDC factional forces, only the first phase the border with the Sudan, and a mid-November was completed with the integration of six bri- meeting there between FARDC and the Sudanese gades. The second phase, which was to have be- People’s Liberation Movement/Army (SPLM/A). gun in September, was delayed by the slow pace The Transitional Government intensified mil- in moving troops to the disarmament centres and itary pressure on foreign armed groups and by a shortfall of about 30,000 troops entering the Mayi-Mayi elements in the Kivus who persisted process. Despite efforts to address the backlog, in their refusal to enter the disarmament process. the national disarmament, demobilization and Military operations in the Kivus focused on, reintegration of ex-combatants into society re- among other things, addressing concentrations mained slow. of militia, especially FDLR and the Allied Demo- The Secretary-General congratulated the peo- cratic Forces/National Army for the Liberation ple of the DRC on their successful constitutional of Uganda, ensuring flexible logistic MONUC referendum, the first important step to the elec- support to enable rapid FARDC deployment, con- tions. He urged all Congolese and international ducting joint FARDC-MONUC operations and sup- stakeholders to continue working together to- porting the operations of the integrated FARDC wards meeting the outstanding objectives of the brigades. In late September, FARDC captured transitional agenda. He also urged the Parlia- Bwahungu and Tubimbi,in Walungu territory in ment to accelerate its review and approval of the South Kivu, occupied for almost two months by electoral law, and the Transitional Government FDLR and allied ex-Mayi-Mayi elements. In repri- to promulgate an electoral timetable and step up sal, FDLR/Rastas on 9 October attacked civilians the related civic education. He called on the Gov- in and around Buba in Walungu, causing 25 ernment to work with its partners to implement deaths. On 25 October, FARDC,withMONUC their proposals to address issues related to secu- support, launched operations against renegade rity sector reform, and with the international Mayi-Mayi in Virunga National Park, disarming community to increase the capacity of the judi- 359 of them, destroying five camps and confiscat- cial system nationwide and to ensure humane ing 167 weapons, as well as capturing 14 FDLR ele- conditions of detention. He strongly urged do- ments. While the operations improved security nors to consider his request for the minimum re- in several areas, they also caused the displace- sources necessary for FARDC to conduct military ment of some 5,000 civilians from their homes in operations with MONUC to disarm the foreign Bulundule, Bulindi and the adjoining villages to armed groups in the DRC. He also pointed to the Kanyabayonga. strengthening of the Government’s sovereignty, The security situation in northern and central including its ability to manage the country’s nat- Katanga continued to suffer from the activities of ural resources and provide basic services to the uncontrolled armed groups and FARDC elements. population, as requiring serious attention. Mayi-Mayi militia reportedly killed a Catholic priest, looted villages and perpetrated human Arms embargo rights abuses in Moba, Manono and Kabala, caus- In February [S/2005/81], the Security Council ing the displacement of some 2,000 persons. An Committee established pursuant to resolution additional source of insecurity in the area were 1533(2004) [YUN 2004, p. 137] (Security Council FARDC elements, particularly in connection with Committee on the DRC) to review and monitor illegal tax collection and disputes with the the arms embargo imposed by resolution 1493 provincial authorities. In the Nyunzu-Kabalo- (2003) [YUN 2003, p. 130] reported on its activities Kongolo area, ex-Mayi-Mayi groups were re- from 12 March to 31 December 2004, during ported to have expanded their territorial control, which it held one formal and four informal meet-

YUN05—4th proofs Dec. 24 2007 Africa 191 ings. The Committee received replies from 34 MONUC should standardize inspection and States and the EU to the request contained in reso- data collection procedures and establish baseline lution 1533(2004) that all States inform the Com- data on weapons seized or acquired. As to the mittee of measures they had taken to comply with monitoring of airports and air operations, the arms embargo. It also received notifications MONUC should conduct regular ad hoc inspec- in advance from three States regarding excep- tions of aircraft, including relevant documenta- tions to the embargo, on which the Committee tion, at strategic airports, and share the informa- took no action. tion obtained with the DRC civil aviation authorities, the International Civil Aviation Or- Report of Group of Experts (January). In ganization (ICAO) and the Group for further accordance with Security Council resolution action. The Ubwari Peninsula on the Congolese 1552(2004) [YUN 2004, p. 141], the Group of Experts side of Lake Tanganyika was, in the Group’s on the Democratic Republic of the Congo, estab- opinion, a conduit for arms smuggling and a hub lished pursuant to resolution 1533(2004), sub- for illicit military activity and should be moni- mitted its first report in January [S/2005/30].As tored. described by the report, the political and military Modalities for integration into the DRC na- realities in the eastern part of the DRC and on tional army and police should include prior noti- either side of it were such as to make the arms em- fication to MONUC of the internal movements of bargo susceptible to a variety of interpretations; arms and related materiel for the use of the inte- hence, the need for a reappraisal of its geograph- grated units. The Council should consider ical scope and targets. Many of the areas in the re- resourcing a small arms component within UNOB gion suffered from the absence of State authority or a UN agency, and baseline data and a weapons and thus from the extension of law and order. inventory should be established in connection Moreover, the intertwining of shared interests with the disarmament programme in Burundi. and objectives on both sides of the DRC’s eastern The Group called on the commander of the DRC border rendered the arms embargo subject to tenth military region to sensitize those who de- abuse. The Group focused its investigations on nied access to MONUC and the Group during an three sectors connected to weapons supply and airport inspection in Bukavu, as well as all FARDC logistical support, namely, civil aviation, customs personnel under his command, to the need to and immigration, and border commerce, and abide by UN resolutions; to prevent similar in- gave a detailed account of its findings. stances in the future, the état-major should send Given the complexity of the political landscape clear instructions to all FARDC military regions to in the DRC and the varying allegiances within the cooperate with MONUC in its inspections. Transitional Government, the Group recom- Given the large number of illicit aircraft oper- mended that the target of the embargo, as de- ating to and from the eastern DRC, a coordinated, fined in Council resolution 1493(2003), be revis- aggressive campaign should be launched by the ited with a view to clarifying its terms and Transitional Government, ICAO, MONUC and exemptions; that the état-major intégré of the neighbouring Governments to divest the region armed forces of the DRC in Kinshasa, in which all of aircraft and air cargo companies involved in il- parties to the 2002 Global and All-Inclusive legal aviation practices. The DRC civil aviation au- Agreement [YUN 2002, p. 125] were represented and thorities should regularly verify the validity of which, in principle, functioned as the decision- aircrafts and pilots’ documents to stop the use of making body of the integrated army, be insti- false documents. The Group recommended that tuted as the sole procuring and authorizing agent Uganda regularize the status of civilian aircraft on behalf of the Transitional Government and of using the military apron at Entebbe Airport and the integrated army for military hardware and that Burundi investigate the dual use of the regis- other forms of military equipment; and that the tration 9U-BHR by aircraft of Volga Atlantic and Council extend the arms embargo to the entire Aigle Aviation. territory of the DRC, with the exception of the The Group’s recommendations relating to état-major and MONUC and for supplies of non- border controls called for, among other meas- lethal material and training for humanitarian or ures: the imposition by the Council of a travel ban protective use. Monitoring should extend until and asset freeze on high-ranking leaders of the the end of the embargo. A Group liaison officer Ituri armed groups, and the extension of State should be integrated into the Joint Mission Ana- authority to customs and immigration in all of lysis Cell at MONUC headquarters for the dura- the DRC, especially in the embargoed areas; the tion of any future mandate to coordinate the ac- mobilization by Uganda of sufficient manpower, tivities of the Group and MONUC and the flow of including police and immigration officials, along information between them. key border crossings; and the strict regulation of

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Uganda’s gold export trade and Rwanda’s im- On 23 February [S/2005/210], Uganda, while port of mineral resources. welcoming the report, found sections that were of The Group underscored the need to rectify the concern to it, including the report’s methodol- ambiguous relations between the military re- ogy, allegations that Uganda maintained contact with leaders of armed groups in the embargoed gions in the eastern DRC. The eighth and tenth military regional command structures, although region, illegal flights between Uganda and the DRC, Uganda’s negligible customs supervision officially part of an integrated FARDC, were in conflict with one another in the field. Accord- along its border with the DRC, arms transfers ingly, the Group called for sanctions against Gen- from Uganda to dissident forces in the DRC, and eral Obedi, commander of the eighth military re- denying the Group a visit to military facilities. gion who had been reluctant to oust the dissident Uganda further outlined measures it had taken General Nkunda and Colonel Nakabaka, an ex- to comply with the Group’s recommendations. Mayi-Mayi commander found supplying arms to SECURITY COUNCIL ACTION (April) FNL and FDLR from FARDC stores. It also called on the état-major to send clear instructions to the On 18 April [meeting 5163], the Security Council commanders of the eighth and tenth military re- unanimously adopted resolution 1596(2005). [S/2005/245] gions to thwart cohabitation between FARDC The draft was prepared in consulta- troops and FDLR units in their respective areas of tions among Council members. responsibility and to give priority to apprehend- The Security Council, ing General Nkunda and extraditing the dissi- Recalling its resolutions concerning the Democratic dent Colonel Mutebutsi and his renegade forces Republic of the Congo, in particular resolutions 1493 to the DRC to face charges. (2003) of 28 July 2003, 1533(2004) of 12 March 2004, 1552(2004) of 27 July 2004, 1565(2004) of 1 October Finally,the Group recommended that the DRC, 2004 and 1592(2005) of 30 March 2005, and recalling Rwanda and Uganda adhere to their 2004 tripar- also the statements by its President concerning the tite agreement on regional security [YUN 2004, Democratic Republic of the Congo, in particular the statement of 7 December 2004, p. 134]. The Tripartite Plus Joint Commission and Reiterating its serious concern regarding the presence the 2004 Joint Verification Mechanism signed by of armed groups and militias in the eastern part of the the DRC and Rwanda [ibid.] should serve as the ap- Democratic Republic of the Congo, particularly in the propriate forums for addressing allegations of provinces of North and South Kivu and in the Ituri foreign military interference in the internal af- district, which perpetuate a climate of insecurity in the fairs of another country. Member States should whole region, strive to identify members of the FDLR diaspora Welcoming the fact that some of these groups and based in their respective countries and contribut- militias have started to submit an inventory of arms and related materiel in their possession, as well as their ing to the financing of FDLR activities in order to location, with a view to their participation in the pro- sever such assistance. grammes of disarmament, and encouraging those who Communications. In a 31 January letter have not yet done so rapidly to do so, [S/2005/73], Rwanda informed the Security Coun- Expressing its readiness to review the provisions of its resolutions 918(1994) of 17 May 1994, 997(1995) of cil Committee on the DRC that the Group’s report 9 June 1995 and 1011(1995) of 16 August 1995 in a had been completed without its input and that it broader perspective, taking into account the implica- had been deliberately denied the opportunity to tions of continued instability in the eastern part of the share information with the Group in a meaning- Democratic Republic of the Congo for peace and secu- ful manner. It claimed that the Rwanda section of rity in the Great Lakes region of Africa, the report was “riddled with inconsistencies, am- Condemning the continuing illicit flow of weapons biguity and innuendo”. Rwanda addressed some within and into the Democratic Republic of the of the issues dealt with in the report, including Congo, and declaring its determination to continue closely monitoring implementation of the arms em- civil aviation, allegations of Rwandan support for bargo imposed by resolution 1493(2003), dissident forces, Rwanda’s alleged “residual” Recalling the importance for the Government of Na- presence in the DRC, and the negative forces of tional Unity and Transition to implement without de- FDLR. It concluded that FDLR/Forces combat- lay the integration for which it bears responsibility of tantes Abacunguzi presented the greatest threat the armed forces of the Democratic Republic of the to regional peace and security, and recom- Congo by continuing to work within the framework of mended that the embargo and its monitoring be the Joint Commission on Security Sector Reform, and encouraging the donor community to provide coordi- extended to the entire territory of the DRC. It also nated financial and technical assistance for this task, recommended that the Group’s report and the Commending the efforts made by the Secretary- evidence on which it was based be subject to criti- General, the African Union and other actors con- cal review by either the Joint Verification Mecha- cerned to restore peace and security in the Democratic nism or the Tripartite Plus Joint Commission. Republic of the Congo, and welcoming in this regard

YUN05—4th proofs Dec. 24 2007 Africa 193 the Declaration adopted in Dar es Salaam on 20 No- mobilization and reintegration of foreign and vember 2004 at the conclusion of the first summit of Congolese combatants, and regarding security sector the International Conference on Peace, Security, De- reform; mocracy and Development in the Great Lakes Region, 6. Decides that, during the period of enforcement Taking note of the reports of the Group of Experts of the measures referred to in paragraph 1 above, all established by paragraph 10 of resolution 1533(2004), Governments in the region, and in particular those of of 15 July 2004 and 25 January 2005, transmitted by the Democratic Republic of the Congo and of States the Security Council Committee established in accord- bordering Ituri and the Kivus, shall take the necessary ance with paragraph 8 of the same resolution (herein- measures: after “the Committee”), and of their recommenda- (a) To ensure that aircraft operate in the region in tions, accordance with the Convention on International Civil Noting that the situation in the Democratic Republic Aviation, signed in Chicago on 7 December 1944, in of the Congo continues to constitute a threat to inter- particular by verifying the validity of documents car- national peace and security in the region, ried in aircraft and the licences of pilots; Acting under Chapter VII of the Charter of the (b) To prohibit immediately in their respective terri- United Nations, tories operation of any aircraft inconsistent with the 1. Reaffirms the measures established by paragraph conditions in that Convention or the standards estab- 20 of resolution 1493(2003) and extended until 31 July lished by the International Civil Aviation Organiza- 2005 by resolution 1552(2004), decides that these meas- tion, in particular with respect to the use of falsified or ures shall from now on apply to any recipient in the out-of-date documents, and to notify the Committee, territory of the Democratic Republic of the Congo, and to maintain such prohibition until the Committee and reiterates that assistance includes financing and is informed by States or by the Group of Experts that financial assistance related to military activities; these aircraft meet the said conditions and standards 2. Decides that the measures above shall not apply set forth in chapter V of the Chicago Convention and to: determines that they will not be used for a purpose in- (a) Supplies of arms and related materiel or techni- consistent with the resolutions of the Security Council; cal training and assistance intended solely for support (c) To ensure that all civilian and military airports of or use by units of the army and police of the Demo- or airfields on their respective territories will not be cratic Republic of the Congo, provided that the said used for a purpose inconsistent with the measures im- units: posed by paragraph 1 above; —Have completed the process of their integration; or 7. Also decides that each Government in the region, —Operate under the command, respectively, of the in particular those of States bordering Ituri and the état-major intégré of the armed forces or of the Kivus, as well as that of the Democratic Republic of the national police of the Democratic Republic of Congo, shall maintain a registry for review by the the Congo; or Committee and the Group of Experts of all informa- tion concerning flights originating in their respective —Are in the process of their integration, in the terri- territories en route to destinations in the Democratic tory of the Democratic Republic of the Congo Republic of the Congo, as well as flights originating in outside the provinces of North and South Kivu the Democratic Republic of the Congo en route to des- and the Ituri district; tinations in their respective territories; (b) Supplies of arms and related materiel as well as technical training and assistance intended solely for 8. Calls upon the Government of National Unity support of or use by the United Nations Organization and Transition to strengthen the monitoring of the ac- Mission in the Democratic Republic of the Congo; tivity of all airports and airfields, in particular those (c) Supplies of non-lethal military equipment in- located in Ituri and in the Kivus, to ensure in particu- tended solely for humanitarian or protective use, and lar that only customs airports are used for interna- related technical assistance and training, as notified in tional air service, and requests the Mission, in airports advance to the Committee in accordance with para- and airfields where it has a permanent presence, to co- graph 8 (e) of resolution 1533(2004); operate within its existing capability with the compe- 3. Requests the Mission, within its existing capabili- tent Congolese authorities, with a view to enhancing ties and without prejudice to the performance of its the capability of those authorities to monitor and con- current mandate, and the Group of Experts referred trol the use of airports; to in paragraph 21 below to continue to focus their 9. Recommends, in this context, to States in the re- monitoring activities in North and South Kivu and in gion, and in particular to those parties to the Declara- Ituri; tion adopted in Dar es Salaam on 20 November 2004, 4. Decides that all future authorized shipments of to promote regional cooperation in the field of air traf- arms and related materiel consistent with such exemp- fic control; tions noted in paragraph 2 (a) above shall only be made 10. Decides that, during the period of enforcement to receiving sites as designated by the Government of of the measures referred to in paragraph 1 above, the National Unity and Transition, in coordination with Government of the Democratic Republic of the Congo the Mission, and notified in advance to the Committee; on the one hand, and those of States bordering Ituri 5. Demands that all parties other than those re- and the Kivus on the other hand, shall take the neces- ferred to in paragraph 2 (a) above with military capa- sary measures: bilities in Ituri, in North Kivu or in South Kivu, help (a) To strengthen, as far as each of them is con- the Government of National Unity and Transition im- cerned, customs controls on the borders between Ituri plement its commitments regarding disarmament, de- or the Kivus and the neighbouring States;

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(b) To ensure that all means of transport on their re- 16. Decides that the provisions of the previous para- spective territories will not be used in violation of the graph do not apply to funds, other financial assets and measures taken by Member States in accordance with economic resources that: paragraph 1 above, and to notify the Mission of such (a) Have been determined by relevant States to be actions; necessary for basic expenses, including payment for and requests the Mission and the United Nations Op- foodstuffs, rent or mortgage, medicines and medical eration in Burundi, in accordance with their respective treatment, taxes, insurance premiums, and public util- mandates, to provide assistance to this end, where they ity charges, or for payment of reasonable professional have a permanent presence, to the competent customs fees and reimbursement of incurred expenses associ- authorities of the Democratic Republic of the Congo ated with the provision of legal services, or fees or serv- and of Burundi; ice charges, in accordance with national laws, for rou- 11. Reiterates its call upon the international com- tine holding or maintenance of frozen funds, other munity, in particular the specialized international or- financial assets and economic resources, after notifica- ganizations concerned, notably the International Civil tion by the relevant States to the Committee of the in- Aviation Organization and the World Customs Organi- tention to authorize, where appropriate, access to such zation, to provide financial and technical assistance to funds, other financial assets and economic resources the Government of National Unity and Transition, and in the absence of a negative decision by the Com- with a view to helping it exercise effective control over mittee within four working days of such notification; its borders and its airspace, and invites in this regard (b) Have been determined by relevant States to be the International Monetary Fund and the World Bank necessary for extraordinary expenses, provided that to provide assistance with a view to evaluating and im- such determination has been notified by the relevant proving the performance and enhancing the capacity States to the Committee and has been approved by the of the Customs of the Democratic Republic of the Committee; or Congo; (c) Have been determined by relevant States to be 12. Urges all States to conduct inquiries into the ac- the subject of a judicial, administrative or arbitration tivities of their nationals who operate or are associated lien or judgement, in which case the funds, other fi- with the operation of aircraft or other means of trans- nancial assets and economic resources may be used to port such as those referred to in paragraphs 6 and 10 satisfy that lien or judgement provided that the lien or above used for the transfer of arms or related materiel judgement was entered prior to the date of the present in violation of the measures imposed by paragraph 1 resolution, is not for the benefit of a person or entity above, and if necessary to institute the appropriate le- designated by the Committee pursuant to paragraph gal proceedings against them; 15 above, and has been notified by the relevant States 13 . Decides that, during the period of enforcement to the Committee; of the measures referred to in paragraph 1 above, all 17. Decides also that, no later than 31 July 2005, it States shall take the necessary measures to prevent the shall review the measures set forth in paragraphs 1, 6, entry into or transit through their territories of all per- 10, 13and 15above, in the light of progress made in the sons designated by the Committee as acting in viola- peace and transition process in the Democratic Repub- tion of the measures taken by Member States in accord- lic of the Congo, in particular with regard to the inte- ance with paragraph 1 above, provided that nothing in gration of the armed forces and of the national police; this paragraph shall oblige a State to refuse entry into 18. Decides further that the Committee shall under- its territory to its own nationals; take, in addition to the tasks listed in paragraph 8 of 14 . Decides also that the measures imposed by the resolution 1533(2004), the following tasks: previous paragraph shall not apply where the Commit- (a) To designate persons and entities with respect to tee determines in advance and on a case-by-case basis the measures set forth in paragraphs 6, 10, 13 and 15 that such travel is justified on the grounds of humani- above, including aircraft and airlines, and regularly to tarian need, including religious obligation, or where update its list; the Committee concludes that an exemption would further the objectives of the Council’s resolutions, that (b) To seek from all States concerned, and particu- is peace and national reconciliation in the Democratic larly those in the region, information regarding the ac- Republic of the Congo and stability in the region; tions taken by them to enforce the measures imposed 15. Decides further that all States shall, during the by paragraphs 1, 6, 10, 13 and 15 above, and any fur- period of enforcement of the measures referred to in ther information it may consider useful, including by paragraph 1 above, immediately freeze the funds, providing all States with an opportunity to send repre- other financial assets and economic resources which sentatives to meet the Committee to discuss in more are on their territories from the date of adoption of the detail any relevant issues; present resolution, which are owned or controlled, di- (c) To call upon all States concerned, and particu- rectly or indirectly, by persons designated by the Com- larly those in the region, to provide the Committee mittee pursuant to paragraph 13 above, or that are with information regarding the actions taken by them held by entities owned or controlled, directly or indi- to investigate and prosecute, as appropriate, individ- rectly, by any persons acting on their behalf or at their uals designated by the Committee, pursuant to sub- direction, as designated by the Committee, and de- paragraph (a) above; cides further that all States shall ensure that no funds, (d) To consider and decide on requests for the ex- financial assets or economic resources are made avail- emptions set out in paragraphs 14 and 16 above; able by their nationals or by any persons within their (e) To promulgate guidelines as may be necessary to territories, to or for the benefit of such persons or enti- facilitate the implementation of paragraphs 6, 10, 13 ties; and 15 above;

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19 . Demands that all parties and all States cooperate Rwanda, the experts had failed to conduct a thor- fully with the work of the Group of Experts referred to ough investigation. In many cases, they did not in paragraph 21 below and of the Mission, and that meet their own evidentiary standards, misrepre- they ensure: sented facts and situations, and omitted signifi- (a) The safety of their members; cant information in reporting specific incidents (b) Unhindered and immediate access for the mem- bers of the Group of Experts, in particular by supply- to support their predetermined conclusions. The ing them with any information on possible violations Group’s poor working methods and lack of integ- of the measures taken by Member States in accordance rity and transparency suggested that its appoint- with paragraphs 1, 6, 10, 13 and 15 above, and by facili- ing authority and the Security Council should tating access of the Group of Experts to persons, docu- ensure that the Group’s mandate was fulfilled in ments and sites it deems relevant to the execution of its a strictly professional and non-prejudiced man- mandate; ner. Rwanda reiterated its request of 15 April to 20. Requests all States concerned, in particular the Secretary-General that the Group’s reports those in the region, to report to the Committee, within forty-five days from the date of adoption of the present be subjected to an independent and transparent resolution, on the actions they have taken to imple- review. ment the measures imposed by paragraphs 6, 10, 13 Re-establishment of Group. The Secretary- and 15above, and authorizes the Committee thereafter General, on 17 May [S/2005/322], informed the to request from all Member States any information it Security Council that, in accordance with para- may consider necessary to fulfil its mandate; graph 21 of resolution 1596(2005) above, he had 21. Requests the Secretary-General, in consultation re-established the Group of Experts for a period with the Committee, to re-establish, within thirty days from the date of adoption of the present resolution expiring on 31 July 2005, and appointed five ex- and for a period expiring on 31July 2005, the Group of perts, among them a finance expert, to constitute Experts referred to in paragraph 10 of resolution the Group. 1533(2004) with the addition of a fifth expert for fi- Report of Group of Experts (July). The se- nancial issues, and requests further that the Secretary- cond report of the Group of Experts, submitted General provide the Group of Experts with the neces- in July [S/2005/436], noted that the short mandate sary resources to fulfil its mandate; period of the Group compelled it to focus on a 22. Requests the Group of Experts to report to the Council in writing before 1 July 2005, through the limited number of issues relating to the imple- Committee, inter alia on the implementation of the mentation of the arms embargo. The Group re- measures set forth in paragraphs 1, 6, 10, 13 and 15 ported that it was unable to collect irrefutable above; evidence of new violations of the embargo, but 23. Decides to remain seized of the matter. was investigating a suspected shipment of dual- use material crossing the border between Zambia Press statement and communication. Accord- and the DRC. It continued to receive reports of ing to a 26 April press statement [SC/8368], the Se- weapons flows and illegal armed group activities curity Council Committee on the DRC had been in the DRC and neighbouring States, but was un- apprised of allegations pertaining to the work of able to investigate the specific methods used to the Group of Experts. It noted with concern that acquire, transport, and transfer those arms and the allegations appeared to have been circulated to finance those activities, or the procurement of in breach of contractual undertakings on confi- associated military material. The extent to which dentiality and in complete disregard for the secu- armed groups received logistical support and rity and safety of those involved with the work of arms shipments across the border between Ituri the Group, undermining its future investiga- and Uganda required further investigation, as tions. The Committee thoroughly examined the did the way arms embargo violators continued to allegations calling into question the Group’s in- profit from the insufficient control of the DRC vestigative methodology and some of its findings airspace and landing sites in Ituri. The Transi- and carefully considered the Group’s explana- tional Government, with MONUC support, was re- tions, with which it was fully satisfied. The Com- asserting its authority over the border, in particu- mittee reaffirmed its full support for the work of lar in Ituri district, as evidenced by the stationing the Group and encouraged it to continue to of 27 border control officials at critical border observe the highest procedural and evidentiary crossings with Uganda. In its inspection of the standards in conducting its work. Ituri crossings at Aru and Ariwara, however, the Rwanda, on 21 July [S/2005/263], reiterated its Group found that the Government’s authority concerns, (see p. 192) regarding the Rwanda sec- was weak and undermined by the overwhelming tion of the Group’s January report (see p. 191). It presence of illicit commercial networks with ties said those concerns had been corroborated by the to dissident Ituri armed factions. The weak UN independent consultant who reviewed the border controls allowed for lucrative alliances be- Group’s work and concluded that, with respect to tween leaders of armed groups and unscrupu-

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lous businessmen, and for the diversion of wealth SECURITY COUNCIL ACTION to fund arms-related activities and destabiliza- On 29 July [meeting 5243], the Security Council tion efforts in the eastern DRC. The Group re- unanimously adopted resolution 1616(2005). ceived satisfactory assistance from the concerned The draft [S/2005/493] was prepared in consulta- Governments in its investigation of civil aviation tions among Council members. operations, but concluded that DRC supervision The Security Council, of those operations was of an unacceptably low Recalling its previous resolutions and the statements standard. by its President concerning the Democratic Republic The Group’s interaction with the DRC, Uganda of the Congo, in particular resolutions 1493(2003) of and Rwanda took place in a climate of coopera- 28 July 2003, 1533(2004) of 12 March 2004, 1552(2004) of 27 July 2004, 1565(2004) of 1 October 2004, 1592 tion and trust. However, owing to the time con- (2005) of 30 March 2005 and 1596(2005) of 18 April straints of the Group’s limited mandate, the DRC 2005, Transitional Government could not satisfy fully Reiterating its serious concern regarding the presence the Group’s requests for information. The same of armed groups and militias in the eastern part of the was true of the meetings with Uganda. The meet- Democratic Republic of the Congo, particularly in the ings with Rwanda were likewise conducted in a provinces of North Kivu and South Kivu and in the constructive and open spirit but, except in the Ituri district, which perpetuate a climate of insecurity area of civil aviation, little of the other informa- in the whole region, Condemning the continuing illicit flow of weapons tion requested by the Group was provided. The within and into the Democratic Republic of the Group continued to examine the financial means Congo, and declaring its determination to closely sustaining embargoed parties, including revenue monitor compliance with the arms embargo imposed generated from the trade of precious metals; in by resolution 1493(2003) and expanded by resolution so doing, it reviewed statistics from all three Gov- 1596(2005), and to enforce the measures provided for ernments on the production, import and export in paragraphs 13 and 15 of resolution 1596(2005) of precious metals and found significant incon- against persons and entities acting in violation of the embargo, sistencies. Recognizing the linkage between the illegal exploita- The Group observed that inter-State coopera- tion of natural resources, illicit trade in such resources tion in the Great Lakes region was one of the most and the proliferation and trafficking of arms as one of powerful tools for countering violations of the factors fuelling and exacerbating conflicts in the the arms embargo, which demanded a flexible Great Lakes region of Africa, and permanent mechanism for unambiguous Taking note of the report of the Group of Experts information-sharing and cooperative action be- referred to in paragraph 10 of resolution 1533(2004) and paragraph 21 of resolution 1596(2005) (hereinaf- tween States at the tactical and political levels. ter “the Group of Experts”), of 5 July 2005, trans- The Group recommended maintaining the mitted by the Security Council Committee established sanctions regime well into the post-electoral pe- in accordance with paragraph 8 of resolution 1533 riod; allocating sufficient means to MONUC for (2004) (hereinafter “the Committee”), deployment on the borders and in DRC airports to Noting that the situation in the Democratic Republic support national customs structures and for of the Congo continues to constitute a threat to inter- monitoring its airspace and airport activities. It national peace and security in the region, Acting under Chapter VII of the Charter of the called for the development, under the Govern- United Nations, ment’s direction, of enhanced traceability sys- 1. Reaffirms the demands of paragraphs 15, 18 and tems for all important natural resources of the 19 of resolution 1493(2003) and of paragraphs 5 and 19 DRC, with the participation of Rwanda and of resolution 1596(2005); Uganda, the World Bank and IMF, regional par- 2. Decides, in the light of the failure by the parties to ticipants such as the Multi-country Demobiliza- comply with the demands of the Council, to renew un- tion and Reintegration Programme and the In- til 31July 2006 the provisions of paragraphs 20 to 22 of resolution 1493(2003), as amended and expanded by ternational Conference in the Great Lakes paragraph 1 of resolution 1596(2005), and reaffirms Region, along with relevant industry participants paragraphs 2, 6, 10 and 13 to 16 of resolution 1596 and other interested partners; and for regular re- (2005); porting by the DRC to the Security Council Com- 3. Expresses its intention to modify or to remove mittee on the DRC on developments and imple- those provisions if it determines that the demands mentation of those systems. The Group further noted above have been satisfied; recommended that the DRC request ICAO for 4. Requests the Secretary-General, in consultation technical expertise to improve national aviation with the Committee, to re-establish the Group of Ex- perts within thirty days from the date of adoption of security standards, and that the World Bank, the present resolution and for a period expiring on 31 ICAO and other multilateral organizations assist January 2006, drawing, as appropriate, on the exper- the Transitional Government in developing the tise of the members of the Group of Experts estab- capacity of the national civil aviation authority. lished pursuant to resolution 1596(2005);

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5. Requests the Group of Experts to continue fulfil- cal armed group called Conseil national pour la ling its mandate as defined in resolutions 1533(2004) défense de la démocratie-Forces pour la défense and 1596(2005), to update the Committee on its work de la démocratie, was elected President by a Joint by 10 November 2005, and to report to the Council in writing before 10 January 2006, through the Commit- Parliamentary Congress. His inauguration on 26 tee, inter alia on the implementation of the measures August marked the formal conclusion of the imposed by paragraph 20 of resolution 1493(2003) and transitional process. expanded by resolution 1596(2005), with recommen- In March, an assessment mission dispatched by dations in this regard, in particular concerning the the Secretary-General in 2004 to consider the lists provided for by paragraph 10(g) of resolution possible establishment of an international judi- 1533(2004), and including information on the sources cial commission of inquiry, as provided for in the of financing, such as from natural resources, which are funding the illicit trade in arms; 2000 Arusha Agreement on Peace and Reconcili- 6. Decides to remain actively seized of the matter. ation, recommended the establishment of two ac- countability mechanisms, negotiations for which Re-establishment of Group. The Secretary- were under way: a non-judicial one in the form of General, on 2 September [S/2005/566], informed a national truth commission and a judicial one in the Security Council that, in accordance with the form of a special chamber within the Burundi paragraph 4 of the foregoing resolution, he re- court system. established the Group of Experts until 31 Janu- On 15 May, Domitien Ndayizeye, President of ary 2006, and appointed five experts to constitute the Transitional Government of Burundi, and the Group. Agathon Rwasa, leader of a faction of the Parti Communications. Following adoption of Secu- pour la libération du peuple hutu-Forces rity Council resolution 1596(2005) (see p. 192), a nationales de libération (FNL (Rwasa), also number of States informed the Security Council known as Palipehutu-FNL), signed a declaration Committee on the DRC of measures they had taken to cease hostilities immediately, establish techni- to comply with the requirements contained in cal teams to decide on the mechanisms for a per- the resolution: Brazil [S/AC.43/2005/15], Burundi manent ceasefire and promptly begin negotia- [S/AC.43/2005/13], Canada [S/AC.43/2005/2], DRC tions. Negotiations had not taken place by year’s [S/AC.43/2005/14], Japan [S/AC.43/2005/16],Lithua- end and FNL remained outside the peace process. nia [S/AC.43/2005/10],Norway[S/AC.43/2005/4], The Implementation Monitoring Committee, Portugal [S/AC.43/2005/11], Russian Federation established under the terms of the Arusha [S/AC.43/2005/9],Rwanda[S/AC.43/2005/1],Sri Agreement to monitor, supervise and coordinate Lanka [S/AC.43/2005/8],Switzerland[S/AC.43/ the implementation of the Agreement, had 2005/3],SouthAfrica[S/AC.43/2005/5],Uganda played a critical role since September 2000 in Bu- [S/AC.43/2005/6 & Add.1],UnitedKingdom[S/AC.43/ rundi’s peace process and was dissolved with the 2005/7], United Republic of Tanzania [S/AC.43/ installation of the new Government of Burundi. 2005/12]. On the basis of a proposal by the Secretary- Brazil, in a later addendum [S/AC.43/2005/ General, ONUB in October launched the Burundi 15/Add.1], informed the Committee of the meas- Partners’ Forum, an international mechanism to ures it had taken to comply with the provisions of support the new Government in its efforts to con- resolution 1616(2005) (see above). solidate peace and promote recovery and devel- opment in the country. Burundi believed that the significant improve- Burundi ment in the overall situation in the country no Several positive developments took place in longer warranted the continuation of a peace- Burundi in 2005, culminating in the successful keeping presence; hence, at its request, ONUB be- conclusion of the transition period and the gan to draw down 40 per cent of its military force peaceful transfer of authority to representative in December. Consultations were held between and democratically elected government and in- ONUB and the Burundian authorities to deter- stitutions. With the assistance of the United mine modalities for the withdrawal. Nations Operation in Burundi (ONUB), the refer- endum on the post-transition Constitution was ONUB conducted successfully on 28 February. On The United Nations Operation in Burundi, es- 3 June, for the first time since Burundi’s inde- tablished in 2004 by Security Council resolution pendence in 1962, elections were held for com- 1545(2004) [YUN 2004, p. 145], was extended until munal councillors. Elections for the National As- 1 July 2006 by resolution 1650(2005) (see p. 214). sembly were held on 4 July, and indirect Senate Among the many tasks specified by its mandate, elections on 29 July. On 19 August, Pierre ONUB was to ensure respect of the ceasefire Nkurunziza, leader of the largest former politi- agreements; promote the re-establishment of

YUN05—4th proofs Dec. 24 2007 198 Political and security questions confidence between the Burundian forces; carry tary-General’s report on the ONUB budget out the disarmament and demobilization por- for 1 July 2005 to 30 June 2006 totalling tions of the national programme of disarma- $296,654,700 and expenditure report for the ment, demobilization and reintegration of com- period 21 April to 30 June 2004 indicating ex- batants; monitor the quartering of the Armed penditures of $40,246,100 against an appropria- Forces of Burundi (FAB) and their heavy tion of $49,709,300 [A/59/748]. It also considered weapons, and the illegal flow of arms and move- ACABQ’s related report [A/59/736/Add.12], contain- ments of combatants across Burundi’s borders; ing its recommendations and observations. contribute to the successful completion of the electoral process, and to the creation of security GENERAL ASSEMBLY ACTION conditions for the provision of humanitarian as- On 22 June [meeting 104], the General Assembly, sistance; facilitate the voluntary return of refu- on the recommendation of the Fifth Committee gees and internally displaced persons; protect ci- [A/59/528/Add.1], adopted resolution 59/15 B vilians under imminent threat of violence; and to without vote [agenda item 153]. ensure the protection of UN personnel, facilities and equipment, as well as the security and free- Financing of the United Nations Operation in Burundi dom of movement of ONUB personnel. Headquartered in the Burundi capital of B Bujumbura, ONUB was headed by the Special The General Assembly, Representative of the Secretary-General for Bu- Having considered the report of the Secretary- rundi, Carolyn McAskie (Canada). Its military General on the financing of the United Nations Oper- ation in Burundi and the related reports of the Advi- observers were deployed to 27 team sites across sory Committee on Administrative and Budgetary the country; its infantry battalions were deployed Questions, to the following areas of operation: Cibitoké, Recalling Security Council resolution 1545(2004) Gitega, Bubanza, Bujumbura and Makamba. It of 21 May 2004, by which the Council authorized, for maintained five regional offices, in Bujumbura an initial period of six months as from 1 June 2004, Rurale, Gitega, Makamba, Muyinga and Ngozi. with the intention to renew it for further periods, the The electoral, human rights, civilian police, civil deployment of a peacekeeping operation called the affairs and public information personnel in each United Nations Operation in Burundi, and the subse- office operated under the leadership of a Re- quent resolution 1577(2004) of 1 December 2004, by which the Council extended the mandate of the Oper- gional Coordinator. ation until 1 June 2005, The Status of Forces Agreement for ONUB,re- Recalling also its resolution 58/312 of 18 June 2004 quested in resolution 1545(2004), was signed by on the financing of the Operation and its subsequent the United Nations and the Transitional Govern- resolution 59/15 A of 29 October 2004, ment in Bujumbura on 17 June. Reaffirming the general principles underlying the The mandate of ONUB was extended thrice financing of United Nations peacekeeping operations, during the year, the third time until 1 July 2006. as stated in General Assembly resolutions 1874(S-IV) Sexual exploitation and abuse. The Special of 27 June 1963, 3101(XXVIII) of 11 December 1973 and 55/235 of 23 December 2000, Representative moved proactively to enforce the Mindful of the fact that it is essential to provide the Secretary-General’s zero-tolerance policy with Operation with the necessary financial resources to regard to undesirable behaviour, abuse and sex- enable it to fulfil its responsibilities under the relevant ual exploitation by UN personnel in Burundi. resolutions of the Security Council, The code of conduct officer of ONUB, accompa- 1. Requests the Secretary-General to entrust the nied by the Special Representative and the Force Head of Mission with the tasks of formulating future Commander, gave briefings for all contingent budget proposals in full accordance with the provi- commanders and senior officers. The few com- sions of General Assembly resolution 59/296 of 22 plaints of misconduct by UN personnel were June 2005, as well as other relevant resolutions; promptly addressed and were under investiga- 2. Takes note of the status of contributions to the United Nations Operation in Burundi as at 15 April tion. In June, the Deputy Secretary-General vis- 2005, including the contributions outstanding in the ited Burundi to deliver a special message on the amount of 88.7 million United States dollars, repre- code of conduct and sexual exploitation and senting some 25 per cent of the total assessed contribu- abuse. She also acknowledged the efforts and tions, notes with concern that only forty-three Member commitment of ONUB to upholding the highest States have paid their assessed contributions in full, possible standards of conduct. and urges all other Member States, in particular those in arrears, to ensure payment of their outstanding as- sessed contributions; Financing 3. Expresses its appreciation to those Member States In June, during its resumed fifty-ninth ses- which have paid their assessed contributions in full, sion, the General Assembly considered the Secre- and urges all other Member States to make every possi-

YUN05—4th proofs Dec. 24 2007 Africa 199 ble effort to ensure payment of their assessed contribu- Financing of the appropriation tions to the Operation in full; 17. Decides further to apportion among Member 4. Expresses concern at the financial situation with States the amount of 307,693,100 dollars at a monthly regard to peacekeeping activities, in particular as re- rate of 25,641,091 dollars, in accordance with the levels gards the reimbursements to troop contributors that updated in General Assembly resolution 58/256 of 23 bear additional burdens owing to overdue payments December 2003 and taking into account the scale of by Member States of their assessments; assessments for 2005 and 2006, as set out in its resolu- 5. Also expresses concern at the delay experienced by tion 58/1 B of 23 December 2003, subject to a decision the Secretary-General in deploying and providing ade- of the Security Council to extend the mandate of the quate resources to some recent peacekeeping missions, Operation; in particular those in Africa; 18. Decides that, in accordance with the provisions 6. Emphasizes that all future and existing peace- of its resolution 973(X) of 15 December 1955, there keeping missions shall be given equal and non- shall be set off against the apportionment among discriminatory treatment in respect of financial and Member States, as provided for in paragraph 17above, administrative arrangements; their respective share in the Tax Equalization Fund of 7. Also emphasizes that all peacekeeping missions 10,306,800 dollars, comprising the estimated staff as- shall be provided with adequate resources for the sessment income of 8,297,100 dollars approved for the effective and efficient discharge of their respective Operation for the period from 1 July 2005 to 30 June mandates; 2006, the prorated share of 1,782,300 dollars of the es- 8. Reiterates its request to the Secretary-General to timated staff assessment income approved for the make the fullest possible use of facilities and equip- support account and the prorated share of 227,400dol- ment at the United Nations Logistics Base at Brindisi, lars of the estimated staff assessment income approved Italy, in order to minimize the costs of procurement for for the United Nations Logistics Base; the Operation; 9. Endorses the conclusions and recommendations 19 . Decides also that, for Member States that have contained in the report of the Advisory Committee on fulfilled their financial obligations to the Operation, Administrative and Budgetary Questions, and requests there shall be set off against their apportionment, as the Secretary-General to ensure their full implementa- provided for in paragraph 17 above, their respective tion; share of the unencumbered balance and interest in- come in the amount of 9,470,200 dollars in respect of 10. Requests the Secretary-General to ensure the the financial period ended 30 June 2004, in accord- full implementation of the relevant provisions of its ance with the levels updated in its resolution 58/256, resolution 59/296; and taking into account the scale of assessments for 11. Notes with concern that the Status of Forces 2004, as set out in its resolution 58/1 B; Agreement remains unsigned, and requests that this be finalized as a matter of urgency; 20. Decides further that, for Member States that have 12. Requests the Secretary-General to take all neces- not fulfilled their financial obligations to the Opera- sary action to ensure that the Operation is adminis- tion, there shall be set off against their outstanding ob- tered with a maximum of efficiency and economy; ligations their respective share of the unencumbered 13 . Also requests the Secretary-General, in order to balance and interest income in the amount of reduce the cost of employing General Service staff, to 9,470,200 dollars in respect of the financial period continue efforts to recruit local staff for the Operation ended 30 June 2004, in accordance with the scheme set against General Service posts, commensurate with the out in paragraph 19 above; requirements of the Operation; 21. Decides that the decrease of 33,900 dollars in the estimated staff assessment income in respect of the fi- Expenditure report nancial period ended 30 June 2004 shall be set off for the period from 21 April to 30 June 2004 against the credits from the amount of 9,470,200 dol- 14 . Takes note of the expenditure report for the lars referred to in paragraphs 19 and 20 above; Operation for the period from 21 April to 30 June 2004; 22. Emphasizes that no peacekeeping mission shall 15. Decides to appropriate to the Special Account be financed by borrowing funds from other active for the United Nations Operation in Burundi the peacekeeping missions; amount of 49,709,300 dollars previously authorized 23. Encourages the Secretary-General to continue and apportioned for the establishment of the Opera- to take additional measures to ensure the safety and tion for the period from 21 April to 30 June 2004 security of all personnel under the auspices of the under the terms of its resolution 58/312; United Nations participating in the Operation, bear- ing in mind paragraphs 5 and 6 of Security Council Budget estimates resolution 1502(2003) of 26 August 2003; for the period from 1 July 2005 to 30 June 2006 16. Decides also to appropriate to the Special Ac- 24. Invites voluntary contributions to the Operation count for the United Nations Operation in Burundi in cash and in the form of services and supplies accept- the amount of 307,693,100 dollars for the period from able to the Secretary-General, to be administered, as 1 July 2005 to 30 June 2006, inclusive of 292,272,400 appropriate, in accordance with the procedure and dollars for the maintenance of the Operation, practices established by the General Assembly; 12,609,400 dollars for the support account for peace- 25. Decides to include in the provisional agenda of keeping operations and 2,811,300 dollars for the its sixtieth session the item entitled “Financing of the United Nations Logistics Base; United Nations Operation in Burundi”.

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Political and military developments ported the President, advocating strongly for an amendment. During that period, the Special Political developments and ONUB activities Representative met with the President and other Report of Secretary-General (March). In re- leaders on numerous occasions to discuss the pro- sponse to Security Council resolution 1577(2004) posed amendments, impressing upon them the [YUN 2004, p. 154], the Secretary-General issued his importance of adhering to the Arusha Agree- March report on UNOB [S/2005/149] covering de- ment. On 25 and 26 January,the Facilitator of the velopments since November 2004 [YUN 2004, Burundi peace process (the Deputy President of p. 153]. He said the six-month extension of the South Africa) travelled to Bujumbura to convey a transition period, which began on 1 November message from the Great Lakes region to all par- 2004 [ibid.], had allowed the Burundian parties to ties against amending the constitution before the advance the peace process despite some delays in referendum, likewise reminding them of their the electoral calendar. The President had pro- obligations under the Arusha Agreement. On mulgated a law to establish a National Truth and 4 February, President Ndayizeye announced that Reconciliation Commission and decreed a lim- he would no longer seek a constitutional amend- ited right of assembly during the campaign on ment. UPRONA expressed dissatisfaction and, the constitution. The constitutional referendum along with two other Tutsi-dominated parties— would be conducted in accordance with the 1993 the Rally for Democracy and Economic and national election law. On 2 February 2005, the Social Development (RADDES) and the Party for President’s Office indicated that the texts of the National Redress (PARENA)—called for a vote proposed electoral code and communal law, both against the constitution in the referendum. De- prerequisites for the conduct of elections, were spite two postponements by the Independent ready for submission to the Council of Ministers, National Electoral Commission (CENI), the refer- before being introduced to the National Assem- endum on the post-transition Constitution took bly and Senate. place on 28 February (see p. 202). On 6 January, the transitional President On 25 January, FNL (Rwasa) announced its sought and promptly received the Constitutional willingness to restart peace talks with the Transi- Court’s interpretation that would allow him to tional Government, the first such indication submit a revision to the constitution for direct since formal negotiations ended after FNL referendum or through the National Assembly claimed responsibility for the August 2004 and Senate. He had asked the Court to determine Gatumba massacre [YUN 2004, p. 149].FNL’s will- his authority directly to amend those articles of ingness to negotiate was also made known, the constitution prohibiting transitional presi- through an intermediary, to the Special Repre- dents from running in the first presidential sentative. The Secretary-General affirmed UN election; requiring the National Assembly and preparedness to extend to the Great Lakes Re- the Senate to elect the first president of the post- gional Peace Initiative on Burundi and the Facili- transitional period; and providing for the co- tator, the mediators of the Burundian peace pro- option of an additional 18 to 21 Assembly mem- cess, any assistance that would help achieve a bers under specific circumstances. The Presi- comprehensive ceasefire and sustainable peace dent’s party, the Front for Democracy in Burundi in Burundi. (FRODEBU), called for an endorsement of the constitution in the referendum but opposed any The Implementation Monitoring Committee, pre-referendum amendments. On 12 January, at its twenty-fifth session (24-25 January), wel- the FRODEBU parliamentary group issued a state- comed the progress in the peace process, specifi- ment stressing that the proposed amendments cally the publication of voter lists, the promulga- would be inconsistent with the 2000 Arusha tion at the end of 2004 of the laws on the new Agreement on Peace and Reconciliation in National Defence Force and national police serv- Burundi [YUN 2000, p. 146]. The Conseil national ice, and the registration early in January of the pour la défense de la démocratie-Forces pour la former armed political movements as political défensedeladémocratie(CNDD-FDD(Nkurunziza)) parties. It examined the new law on the National issued a statement accusing President Ndayizeye Truth and Reconciliation Commission, noting of trying to delay elections, and warned that a the need to avoid overlapping jurisdictions be- “return to war” remained an option. By a 17Janu- tween the Commission and the proposed interna- ary joint communiqué, 11 political parties, in- tional judicial commission of inquiry (see p. 205). cluding FRODEBU, condemned the President’s It held two special meetings in February to exam- attempts to amend the constitution. On the ine matters pertaining to the return of Burun- other hand, the Vice-President’s party,the Union dian refugees, other vulnerable populations, for National Progress, Burundi (UPRONA), sup- land reform and political prisoners.

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In keeping with the 3 January communiqué, tional Defence Force high command, approval of expressing its intention to normalize relations an operational plan for integration into the na- with the DRC, Burundi’s Foreign Minister visited tional security structures, and the return of FAB Kinshasa (10-12 February) and concluded a bi- soldiers to barracks. ONUB, the Executive Secre- lateral agreement on the normalization of rela- tariat and FAB agreed that the return of FAB sol- tions and security cooperation with DRC. The diers to barracks would take place simultaneously Secretary-General requested his Special Repre- with the entry of the armed political parties/ sentative to discuss with the two Governments movements to the cantonment sites, where their and MONUC an action plan to increase security security would be monitored by ONUB military along the Burundi-DRC border. observers, in coordination with the joint security The security situation in Burundi remained units and joint liaison teams comprising mem- generally stable, but armed clashes between the bers from all parties. joint FAB/CNDD-FDD and FNL (Rwasa) continued The first and second phases of the demobiliza- in the provinces of Bujumbura Rurale, Bubanza tion of child soldiers ended by 31 December and Cibitoké. On 23 January, the Governor of 2004, with 2,260 FAB and gardiens de la paix child Bubanza and his bodyguard were killed when his soldiers demobilized by UNICEF and its partners entourage was stopped by unidentified assail- through the Child Soldiers National Structure. ants. ONUB issued a statement on 25 January de- An additional 618 children from the six armed ploring the murder; its subsequent investigation political parties/movements were demobilized into the incident failed to ascertain the motive or and reintegrated with their families or were in find the perpetrators. community care. With regard to security sector reform, the laws On 19 January, the Minister of Public Security promulgated by President Ndayizeye at the end signed a paper jointly elaborated by the Transi- of 2004 for the establishment of the new National tional Government and ONUB entitled “Concept Defence Force and national police service re- for the Integration of the Burundi National Po- quired considerable work to define their opera- lice”. The paper set forth the reform and integra- tional modalities and to enact the necessary legal tion of the national police in two phases: the first instruments and regulations. phase was to ensure security during the elections, The Secretary-General reported some pro- to be provided by the national police and defence gress in the disarmament, demobilization and re- forces; the second was to consist of various consol- integration programme. Following the successful idation activities and long-term reform and training and integration of 1,800 joint FAB/ capacity development initiatives. The paper also CNDD-FDD security units at the Tenga training identified the responsibilities of the different centre at the end of 2004, an agreement with the actors involved and provided a basic framework Government was reached on 13 January 2005 to for donors to provide assistance. On 18 February, begin the training and integration of an addi- during the first phase, ONUB began a 10-day tional 2,700 ex-combatants. As of 4 February, training-of-trainers course for 70 Burundian 4,441 ex-combatants, who were not to be inte- civilian police trainers selected from officers of grated into the security forces, had been dis- the Government and of the armed political parties/ armed and demobilized at the Gitega, Bubanza movements. and Muramvya demobilization centres, where Besides monitoring the ceasefire agreements they also received elementary skills training and and the implementation of disarmament and de- financial assistance. By 20 February, 12,950 ex- mobilization activities, ONUB assisted with the combatants, predominantly from CNDD-FDD and nationwide distribution of electoral material and ex-FAB, entered designated cantonment sites in provided security daily to personnel of ONUB, preparation for their relocation to a demobiliza- UN agencies and programmes and NGOs, as tion centre. Given the generally poor conditions well as to food convoys to the various assembly/ in those sites, on 22 February, the Joint Ceasefire cantonment sites throughout Burundi. It in- Commission, the Executive Secretariat and ONUB creased patrols close to the refugee camps in met to address specific concerns pertaining to Mwaro and Muyinga and the former transit site conditions at the Buramata cantonment site; in at Ngagara (Bujumbura Mairie), where Congo- subsequent meetings, all parties agreed to begin lese Banyamulenge refugees were located. It con- the initial demobilization of ex-combatants from ducted a series of military operations aimed at that site. The remaining ex-combatants had not deterring foreign combatants from infiltrating yet begun their full-scale transfer from the pre- the border with the DRC, curtailing the flow of disarmament assembly area to the cantonment illegal weapons and assisting in the monitoring sites, pending the harmonization of ranks, ap- of the DRC arms embargo, in coordination with pointment of their representatives in the Na- MONUC.

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The Secretary-General observed that despite The EU, in a 4 March statement [S/2005/146], delays in the electoral calendar, there had been welcomed the successful holding of the referen- continued progress in the peace process, espe- dum and the high voter turnout. It encouraged cially with regard to the extension of the transi- Burundi to complete as swiftly as possible the re- tion, preparation for elections, and the demobili- maining stages of the electoral process and urged zation, disarmament and reintegration process. all political forces to take part in that process and He pointed out the key tasks to be completed to accept unreservedly the expression of the will without delay as the transitional process was en- of the people. tering its final and most crucial phase: the pro- mulgation of an electoral code and communal SECURITY COUNCIL ACTION (March) law; the establishment of technically realistic On 14 March [meeting 5141], following consulta- dates in the electoral calendar; and the com- tions among Security Council members, the Pres- mencement of meaningful military and police ident made statement S/PRST/2005/13 on be- integration. The inclusion of FNL (Rwasa) in the half of the Council: peace process also needed to be carefully assessed The Security Council welcomes the approval by in order to achieve sustainable peace and stability the Burundian people of the post-transitional Con- throughout Burundi. The Secretary-General re- stitution, through the referendum of 28 February iterated his call on all political and military lead- 2005, the final results of which have just been de- ers to stay the course, to respect the letter and clared. The very broad participation of the citizens spirit of the Arusha Agreement and to conclude of Burundi, who have voted in favour of the Consti- the transitional process expeditiously and in tution in large numbers, is the sign of their support good faith. He instructed the Special Representa- to the peace process. It is an important event for Bu- rundi and for the whole region of the Great Lakes of tive to explore with the Burundian parties and re- Africa. gional and international partners ideas on how The Council calls upon all Burundians to remain the United Nations and the international com- committed to the course of national reconciliation, munity could continue to support the consolida- for further steps remain to be taken. It invites, in par- tion of peace after elections. A decisive donor re- ticular, the political leadership in the country to sponse would also be required in the post- work together towards the common goal of holding, transitional period to help stabilize the country. expeditiously, local and national elections that are The extent of human rights violations in Bu- free and fair. It encourages the donor community to continue providing its assistance to this end. rundi continued to be of concern; and the culture of impunity, which had contributed to the con- Report of Secretary-General (May). In his flict, had to be addressed decisively, in order to fourth report on ONUB, issued on 19 May [S/2005/ lay the foundation of lasting peace and national 328], the Secretary-General noted that, in further- reconciliation. ance of the transitional process, the Chairman of the Regional Peace Initiative on Burundi, Pres- Constitutional referendum ident Museveni of Uganda, convened a summit The referendum on the post-transition Consti- (Entebbe, Uganda, 22 April) attended by the Fa- tution was conducted successfully without major cilitator and the Presidents of Burundi, Kenya, incident on 28 February. Of the 3.3 million regis- the United Republic of Tanzania and Zambia, tered voters, 92.4 per cent, or 2,894,372 Burundi- together with high-level representatives of Ethio- ans, exercised their right to vote for the first time pia, Rwanda and the AU, and the Special Repre- since 1994; and about 90.1 per cent of voters en- sentative of the Secretary-General. The summit dorsed the Constitution. On 6 March, the Consti- endorsed a revised electoral calendar presented tutional Court confirmed the referendum results by CENI, and extended the transition period for and formally adopted the Constitution. Interna- the second time, until 26 August. It called for tional donors provided full funding for the refer- strict adherence to the new electoral timeline, endum and ONUB provided extensive transporta- which set the communal elections for 3 June; the tion assistance, including the transport by land legislative elections for 4 July; the Senate elec- and air of electoral materials to polling stations. tions for 29 July; and the election by Parliament By a press statement of 1 March [SG/SM/9742], of a post-transition president for 19August. Elec- the Secretary-General congratulated the Transi- tions at the colline (village) level were to be held tional Government and the Burundian people after the end of the transition period, on 23 Sep- for the successful conduct of the referendum. He tember. The summit also endorsed the efforts of called on all Burundian parties to build on that the Tanzanian President in his contacts with positive momentum and ensure the early conduct FNL (Rwasa), and mandated the Facilitator to of the national elections that would conclude the resolve outstanding issues between President transitional process in Burundi. Ndayizeye and CNDD-FDD (Nkurunziza).

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As national elections drew near, tensions Mabanda sites were transferred to the military mounted, especially between FRODEBU and regions to undergo joint training with former CNDD-FDD (Nkurunziza), leading the latter to FAB units before their formal integration into the suspend its participation in cabinet meetings at new National Defence Force. That process had the end of April. Tensions began when President been yet to be completed for combatants in the Ndayizeye rejected the CNDD-FDD nominee for Kibuye cantonment sites. In addition, two bri- the post of Minister of the Interior (reserved for gades and one special protection unit, with a total CNDD-FDD), requesting that several candidates be of 6,000 personnel, were established and de- submitted for the post, which had fallen vacant ployed through direct integration. On 11 May, with the death in March of the incumbent Minis- President Ndayizeye signed a decree regulating ter. Toresolve the problem, the Facilitator invited the harmonization of military ranks, setting out President Ndayizeye and CNDD-FDD leader the mechanism for the demobilization of officers Pierre Nkurunziza to a meeting (Pretoria, South and regulating the status of officers to be inte- Africa, 9 May), at which it was agreed that close grated into the National Defence Force and na- consultations between the two leaders were neces- tional police. The Executive Secretariat of the sary; in keeping with President Ndayizeye’s un- National Commission for Demobilization, Rein- dertaking, he appointed an alternative Interior sertion and Reintegration established 10 provin- Minister nominated by CNDD-FDD on 11 May. cial offices in support of ex-combatant reinser- The electoral code and the communal law, tion. which were submitted to the National Assembly The Secretary-General stated that it was in- in early March, were promulgated on 20 April. By cumbent on the Burundian parties to demon- 8 May, 32 political parties had submitted their strate the political will necessary for the success- lists of candidates for the communal elections, ful conclusion of the transitional process, and to with an average of 11competing parties per com- ensure the strictest adherence to the new elec- mune. Submission of similar lists for the legisla- toral calendar. He invited all Burundian leaders tive elections was expected to be completed by 20 to reinforce the message that sectarian interests May. could no longer define modern Burundian soci- The Implementation Monitoring Committee, ety, which should build on the gains of the peace at its twenty-sixth and twenty-seventh regular ses- process and move towards national reconcilia- sions, called on the Transitional Government to tion, stability and development. The Secretary- ensure the adoption of the necessary legal frame- General believed that the international com- work, including a decree on the harmonization of munity should play an active role in supporting military ranks, in order to allow for the reintegra- the elected Government and endorsed efforts of tion of former armed political parties/movements the United Republic of Tanzania to facilitate an into the new national defence and police forces. agreement between the Government and FNL The Committee, which had played a critical role (Rwasa). In the meantime, Burundi had to find a in the peace process since September 2000, was solution to its devastating debt burden if it was to expected to be dissolved at the end of the transi- enter the reconstruction and development phase tion. Consequently, the Special Representative in earnest. Ethnic and regional division, at the began consultations on the possible establish- core of human rights abuses, needed to be reso- ment of an international support mechanism to lutely addressed in the post-transition period. assist the elected Government during its first In his belief that the role of ONUB in Burundi term. continued to be vital, especially during the elec- Overall, the security situation in Burundi re- toral period, the Secretary-General recom- mained stable except for minor clashes with mended extending the mandate of the Operation armed FNL (Rwasa) elements, and acts of ban- at its current strength for an additional period of ditry and looting. In Mubimbi and Kabezi, com- six months, until 1 December 2005. munes in Bujumbura Rurale, acts of criminality reportedly increased after CNDD-FDD combatants Declaration of 15 May withdrew to cantonment sites. Security improved Following consultations with member States of with the reinforcement of ONUB patrols in those the Regional Peace Initiative, the United Nations areas in March and April, and its deployment of and international partners, the United Republic National Defence Force units at the end of April. of Tanzania held meetings with an FNL (Rwasa) As to security sector reform, the last pre- delegation (Dar es Salaam, the United Republic disarmament assembly area closed in April, fol- of Tanzania, 4-12 April), which concluded with a lowing the transfer of all combatants of the statement by the delegation expressing FNL’s in- armed political parties/movements to canton- tention to negotiate with the Transitional Gov- ment sites. Combatants from the Gashingwa and ernment, cease hostilities, and provide a written

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explanation for its involvement in the 2004 currently in progress in Burundi. The Council re- Gatumba massacre [YUN 2004, p. 149]. The Deputy mains convinced that the participation of the Forces Chairperson of the Regional Peace Initiative nationales de libération in this process will facilitate the holding of the forthcoming elections, in accord- (President Benjamin Mkapa of the United Re- ance with the timetable confirmed at the last meet- public of Tanzania) subsequently met with FNL ing of member States of the Regional Peace Initiative leader Agathon Rwasa (Dar es Salaam, 25 April), on Burundi, held in Entebbe, Uganda, on 22 April who reiterated his group’s commitment to begin 2005. negotiations. Tothat end, the United Republic of The Council commends the mediation of Pres- Tanzania arranged a meeting between President ident Benjamin Mkapa and of the Government of Ndayizeye and the FNL leader in Dar es Salaam the United Republic of Tanzania and, more gener- on 15 May. At the meeting, the two parties signed ally, the efforts of States of the Regional Initiative chaired by President Yoweri Museveni of the Repub- a declaration [S/2005/325] by which they agreed on lic of Uganda and of the Facilitation led by Deputy an immediate cessation of hostilities and to estab- President Jacob Zuma of the Republic of South Af- lish within a period of not more than one month rica, as well as those made by the Special Representa- technical teams to decide on the mechanisms of tive of the Secretary-General, to bring the peace and the permanent ceasefire; to begin negotiations as national reconciliation process in Burundi to a suc- early as possible; and to negotiate without dis- cessful conclusion. The Council reiterates that put- rupting the current electoral process. ting an end to the climate of impunity in Burundi and the Great Lakes region is essential to that pro- The Secretary-General later reported, how- cess. ever, that 15 FNL elements were killed the pre- The Council urges all Burundian parties to exert vious day in circumstances suggesting premedi- greater efforts to ensure the success of the transition, tated violence. The claim by the National national reconciliation and the stability of the Defence Force that they were killed in combat was country in the longer term. contested by some witnesses. Those deaths and On 31 May [meeting 5193], the Security Council subsequent clashes with FNL undermined the parties’ confidence in further negotiations. On unanimously adopted resolution 1602(2005). 9 June, the United Republic of Tanzania con- The draft [S/2005/345] was prepared in consulta- vened talks in Dar es Salaam between the Na- tions among Council members. tional Defence Force and FNL in the presence of The Security Council, regional, international and UN observers. The Recalling its relevant resolutions on Burundi, in par- talks led to the issuance on 14June of a joint com- ticular resolutions 1545(2004) of 21 May 2004, 1565 muniqué committing the parties to respect the (2004) of 1 October 2004, 1577(2004) of 1 December 2004 and 1596(2005) of 18 April 2005, as well as the 15 May declaration and to identify core responsi- statements by its President, in particular those of 15 bilities and establish a mechanism for its imple- August 2004 and 14 March and 23 May 2005, mentation. Nonetheless, hostilities between the Reaffirming its strong commitment to the sovereignty, National Defence Force and FNL continued, as independence, territorial integrity and unity of Bu- did FNL’s forcible recruitment of combatants, in- rundi, and recalling the importance of the principles cluding children. of good-neighbourliness and non-interference, and of regional cooperation, Reaffirming its full support for the process of the SECURITY COUNCIL ACTION (23 and 31 May) Arusha Peace and Reconciliation Agreement for Bu- On 23 May [meeting 5184], following consulta- rundi, signed at Arusha, United Republic of Tanzania, tions among Security Council members, the Pres- on 28 August 2000 (hereinafter “the Arusha Agree- ident made statement S/PRST/2005/19 on be- ment”), calling upon all the Burundian parties to fully half of the Council: honour their commitments, and assuring them of its determination to support Burundi’s efforts to bring The Security Council takes note with satisfaction the transition to an end successfully through the hold- of the declaration signed on 15 May 2005 in Dar es ing of free and fair elections, Salaam, United Republic of Tanzania, by the Pres- Welcoming the positive achievements that have been ident of the Republic of Burundi, Mr. Domitien made so far by the Burundian parties, including since Ndayizeye, and by the leader of the rebel group Parti the deployment of the United Nations Operation in pour la libération du peuple hutu-Forces nationales Burundi on 1 June 2004, de libération, Mr. Agathon Rwasa. The Council takes Welcoming in particular the approval by the Burun- note in particular of the commitment by both parties dian people of the post-transitional Constitution in to immediately cease hostilities, agree within a the referendum of 28 February 2005, month on a permanent ceasefire, and negotiate Taking note with satisfaction of the declaration signed without disturbing the electoral process. on 15 May 2005 in Dar es Salaam, United Republic of The Council shares the understanding that this Tanzania,by the President of the Republic of Burundi, declaration is a first step that should allow the Forces Mr. Domitien Ndayizeye, and by the leader of the rebel nationales de libération to be rapidly integrated, in group Parti pour la libération du peuple hutu-Forces a negotiated manner, into the transitional process nationales de libération, Mr. Agathon Rwasa, and tak-

YUN05—4th proofs Dec. 24 2007 Africa 205 ing note in particular of the commitment by both par- reconciliation and the stability of the country in the ties to cease hostilities immediately, agree within a longer term, in particular by refraining from any ac- month on a permanent ceasefire, and negotiate with- tions which may affect the cohesion of the Arusha out disturbing the electoral process, Agreement process; Urging the international community to take advan- 3. Looks forwardto the recommendations to be made tage of these positive political developments to in- by the Secretary-General by 15 November 2005 on the crease its assistance for social and economic develop- role of the United Nations in supporting Burundi, in- ment in Burundi, cluding on the possible adjustment of the mandate Welcoming the imminent holding of elections as pro- and force strength of the United Nations Operation in vided for in the Arusha Agreement, taking note with Burundi, in accordance with progress made on the satisfaction of the electoral timetable confirmed at the ground; last meeting of member States of the Regional Peace 4. Also looks forward to the submission by the Initiative on Burundi, held in Entebbe, Uganda, on 22 Secretary-General of his detailed proposal, as de- April 2005, calling upon the transitional authorities scribed in paragraphs 53 and 54 of his report, for the strictly to adhere to this timetable for the holding of establishment of an international support mechanism each poll, and urging all Burundian parties and candi- during the post-transitional period in Burundi; dates to ensure respect for the electoral code of con- 5. Requests the Secretary-General to continue to duct, refrain from any actions that may disrupt the pro- keep the Security Council informed in his reports on cess and accept the result of the elections, the situation in Burundi of actions taken in the fight Encouraging the Transitional Government to con- against impunity; tinue, with the cooperation of the United Nations Op- 6. Welcomes efforts undertaken by the United Nations eration in Burundi, to enhance the participation of Operation in Burundi to implement the Secretary- women in the political process, General’s zero-tolerance policy on sexual exploitation Taking note of the progress achieved in the reform of and abuse, and to ensure full compliance of its person- the security sector, as well as in the disarmament and nel with the United Nations code of conduct, requests demobilization of former combatants, and stressing in the Secretary-General to continue to take all necessary this regard the need to implement without delay a na- action in this regard and to keep the Council in- tional reintegration strategy in order to further consol- formed, and urges troop-contributing countries to idate peace and stability, take appropriate preventive and disciplinary action to Paying tribute to the efforts of the member States of ensure that such acts are properly investigated and the Regional Peace Initiative on Burundi, especially punished in cases involving their personnel; Uganda and the United Republic of Tanzania,and the Facilitation of South Africa, to support the peace pro- 7. Decides to remain actively seized of the matter. cess in Burundi, and encouraging them to continue to assist the efforts of the Burundian parties, Establishment of commission of inquiry Encouraging the international donor community to Report of assessment mission. In March respond to requests from the Government of Burundi to strengthen its national judicial institutions and rule- [S/2005/158], the Secretary-General submitted the of-law capacity, report of the assessment mission authorized by Condemning all acts of violence, any threat of the the Security Council in 2004 in response to Bu- use of force, as well as violations of human rights and rundi’s request [YUN 2004, p. 142], with the objec- international humanitarian law, and stressing the need tive of considering the advisability and feasibility for the Burundian authorities to ensure the safety of of establishing an international judicial commis- civilian populations, in particular with regard to sion of inquiry in post-conflict Burundi, as pro- women, children and other vulnerable persons, Reiterating its strong condemnation of the Gatumba vided for in the 2000 Arusha Agreement. The massacre of 13 August 2004, and its commitment that mission, which visited Burundi from 16 to 24 perpetrators of such crimes, as well as all persons re- May, was led by Tuliameni Kalomoh, Assistant sponsible for violations of human rights and interna- Secretary-General for Political Affairs, and in- tional humanitarian law, be brought to justice, cluded representatives of the UN Department of Considering that putting an end to the climate of Political Affairs (DPA), the Office of the United impunity in Burundi, as well as in the Great Lakes of Nations High Commissioner for Human Rights Africa as a whole, is essential for building lasting peace (OHCHR), UNHCR and the Office of the United in the region, Taking note with satisfaction of the report of the Nations Security Coordinator (UNSECOORD). It Secretary-General of 19 May 2005, held consultations with representatives of the Noting that factors of instability remain in Burundi, Government and local authorities, political par- and determining that the situation in that country con- ties, religious leaders and civil society. It also vis- tinues to constitute a threat to international peace and ited courts and met with judicial authorities and security in the region, members of the legal profession. Acting under Chapter VII of the Charter of the United Nations, The report discussed the nature and added 1. Decides to extend the mandate of the United value of an international judicial commission of Nations Operation in Burundi until 1 December 2005; inquiry; the possibility of limiting the temporal 2. Calls upon all Burundian parties to exert greater competence of the commission to specific events efforts to ensure the success of the transition, national or periods; the existing National Truth and Rec-

YUN05—4th proofs Dec. 24 2007 206 Political and security questions onciliation Commission and its relationship to fence counsels and experienced court managers. the proposed international judicial commission The special chamber would have the competence of inquiry; the implications of “provisional im- to prosecute those bearing the greatest responsi- munity”and its scope and legal validity before bility for the crime of genocide, crimes against the national and international commissions, and humanity and war crimes committed in Burundi. before Burundian national courts; and the imple- Its temporal jurisdiction would be limited to mentation of the judicial reforms provided for in specific phases of the conflict and would include, the Arusha Agreement and the capacity of the as a minimum, the events that occurred between Burundian judicial system to bring to trial those 1972 and 1993. The special chamber would con- responsible for the crimes of genocide, crimes sist of a trial panel (or panels) of three judges and against humanity and war crimes in an impartial, an appellate panel of five. The composition of fair and effective manner. the special chamber would be mixed, with a ma- The mission recommended the establishment jority of international judges, an international of two accountability mechanisms: a non-judicial prosecutor and a registrar. one in the form of a national truth commission of The truth commission and the special cham- mixed composition, including both national and ber would be established as national law entities; international members; and a judicial one in as such, they would not be UN bodies and would the form of a special chamber within Burundi’s not normally be financed through assessed con- court system. It recognized that the proposed tributions. In Burundi’s circumstances, however, mechanisms deviated from the letter, though not the establishment of any accountability mecha- the spirit, of the Arusha Agreement; however, nism would have to rely entirely on international it was convinced that the establishment of the funding in the form of voluntary contributions, two mechanisms in parallel, as envisioned by the or partly through assessed contributions. Agreement, would create the almost certain risk In his observations, the Secretary-General said of overlapping jurisdictions, contradictory find- that the establishment of the two accountability ings, wasted resources and, more importantly, mechanisms should be placed within the context marginalize the national truth and reconciliation of the overall judicial reform and capacity- commission. building in Burundi, and pursued in comple- The mission recommended that the proposed mentarity with other justice and rule of law national truth commission be composed of five initiatives. ONUB and OHCHR should engage, commissioners (three international and two na- within their respective mandates under Council tional), with the mandate to establish the histori- resolution 1545(2004) [YUN 2004, p. 145], in the es- cal facts and determine the causes and nature of tablishment and operation of the international the conflict in Burundi, classify the crimes com- truth commission and in strengthening the mitted since independence in 1962 to the date of capacity of Burundi’s judicial sector. The mis- the signature in 2000 of the Arusha Agreement sion’s proposal was the first in a two-stage process and identify those responsible. It would be car- of establishing judicial and non-judicial account- ried out by an investigative unit responsible for ability mechanisms in Burundi. If acceptable, the investigating the crimes and identifying those Council should mandate the Secretary-General responsible, and a research unit responsible for to engage in negotiations with Burundi on the establishing the causes and facts of the conflict proposal’s practical implementation. At the se- and the nature of the crimes committed in the cond stage and in parallel with the first, a broad- different cycles of violence. The composition of based, genuine and transparent consultation pro- the units would be mixed, with a substantial in- cess should be conducted with a range of national ternational component to include investigators, actors and civil society at large to ensure that the forensic experts, historians, political scientists general legal framework for the establishment of and other experts, as appropriate. The commis- the mechanisms reflected the views and wishes of sion would establish its main office in Bujumbura the people of Burundi and that the sense of na- and a number of regional offices throughout the tional ownership was deep and genuine. country. Security Council consideration. At its meet- In deciding to recommend a special chamber ing on 15 June [meeting 5203], the Security Council within the Burundi court system, the mission was briefed by the Assistant Secretary-General opted for a judicial accountability mechanism for Legal Affairs, Ralph Zacklin, on the fore- not only located in the country but forming part going mission report, focusing his remarks on of that court system (a “court within a court”), the recommended judicial and non-judicial with a view to strengthening the judicial sector in mechanisms and placing them in their national material and human resources and to leaving be- and international contexts. He pointed out that hind a legacy of trained judges, prosecutors, de- the establishment of an international judicial

YUN05—4th proofs Dec. 24 2007 Africa 207 commission of inquiry, foreseen in the Arusha aspect in discussions on the commission. With re- Agreement, had to be considered in the light of spect to the judicial mechanism, Burundi Burundi’s history of ethnic conflict, the events pointed to the need to accelerate the ongoing re- that had occurred since the conclusion of the form of the judicial system to enable it to dis- Agreement in 2000 and the experience gained by charge its new mission. The final document on the United Nations in promoting justice and the the judicial mechanism should clarify the rela- rule of law over the past 12 years. It should also be tionship between the truth commission and the examined against the background of four inter- special chamber, and the Council should specify national commissions of inquiry dispatched to the financing modalities of the two mechanisms. Burundi between 1993 and 1995 [YUN 1993, p. 264; YUN 1994, p. 277; YUN 1995, pp. 340 & 346], three at the SECURITY COUNCIL ACTION request of the Council. On 20 June [meeting 5207], the Security Council For all their differences, the four commissions unanimously adopted resolution 1606(2005). shared similar features: their subject matter and The draft [S/2005/396] was prepared in consulta- temporal jurisdiction were limited to the 1993 tions among Council members. coup d’état in Burundi, the assassination of its President and the ensuing massacres. As the ear- The Security Council, lier 1972 massacre of Hutus was not within their Reaffirming its support for the process of the Arusha mandate, a legal determination that the crime of Peace and Reconciliation Agreement for Burundi, genocide had been committed in Burundi was signed at Arusha, United Republic of Tanzania, on 28 August 2000 (hereinafter “the Arusha Agreement”), made only in respect of the 1993 massacres of Tutsis. While all four commissions recom- Convinced of the need, for the consolidation of peace and reconciliation in Burundi, to establish the truth, mended that to eradicate impunity those respon- investigate the crimes, and identify and bring to justice sible should be brought to account, no action had those bearing the greatest responsibility for crimes of been taken on the recommendation by any UN genocide, crimes against humanity and war crimes organ. committed in Burundi since independence, to deter In connection with the legal basis for the estab- future crimes of this nature, and to put an end to the lishment of the special chamber and the applica- climate of impunity, in Burundi and in the region of the Great Lakes of Africa as a whole, ble law governing its operation, i.e., the Burun- dian law, with necessary modifications, the Emphasizing that appropriate international assist- ance to Burundi is needed to help the Burundian peo- Assistant Secretary-General pointed out that, ple to end impunity, promote reconciliation and estab- based on existing UN practice, in order for the lish a society and government under the rule of law, United Nations to cooperate in the establishment Having taken note of the letter dated 24 July 2002 of the special chamber, its founding instrument from the then President of the Republic of Burundi, would have to exclude the death penalty from the Pierre Buyoya, to the Secretary-General requesting the sentencing framework and declare any amnesty establishment of an international judicial commission given to genocide, crimes against humanity and of inquiry, as provided for in the Arusha Agreement, war crimes invalid before the chamber. He said Having taken note also of the report transmitted by the expeditious establishment of the truth com- the Secretary-General to the Security Council on 11 mission for Burundi would ensure that, by the March 2005, following on the assessment mission he time a special chamber was established, the re- had dispatched to Burundi, from 16 to 24 May 2004, to consider the advisability and feasibility of establishing sults of the commission’s investigations could be such a commission, shared with the prosecutor of the special cham- Having heard the opinion of the Transitional Gov- ber. He also stressed that whatever mode of fi- ernment of Burundi, presented by its Minister of Jus- nancing was utilized for the mechanisms, it was tice, Didace Kiganahe, on 15 June 2005, on the recom- important that the funding be viable and sus- mendations contained in the report, which aim at the tained to permit them to take root, fulfil their creation of a mixed truth commission and a special mandates, and create the desired legacy of truth, chamber within the court system of Burundi, reconciliation and justice. Acknowledging the crucial importance of reconcilia- In its statement before the Council, Burundi tion for peace and national unity in Burundi, and shar- ing the view that a future truth commission should supported the mission’s recommendations as contribute to it, meeting the dual concerns of the political negoti- 1. Requests the Secretary-General to initiate negoti- ators of the Arusha Agreement and the people of ations with the Government and consultations with all Burundi to establish the truth and bring the Burundian parties concerned on how to implement his guilty to justice and punish them. As the new ver- recommendations, and to report to the Security Coun- sion of the truth commission did not sufficiently cil by 30 September 2005 on details of implementation, highlight the aspect of reconciliation, Burundi including costs, structures and time frame; requested that the Council give priority to that 2. Decides to remain seized of the matter.

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The Secretary-General reported to the Secu- tember [S/2005/586].CNDD-FDD (Nkurunziza) rity Council on 11 October [S/2005/644],asre- won 93 of the 129 communes, gaining 57.3 per quested in resolution 1606(2005)(above), that a cent of the national vote; FRODEBU took 23.3 per number of developments in Burundi had delayed cent; UPRONA, 6.3 per cent; Leonard Nyangoma’s the negotiations called for. Although the Transi- faction of CNDD (CNDD (Nyangoma)), 4.1 per tional Government had appointed a commission cent; MRC, 2.1 per cent; and PARENA, 1.8 per cent. in July to negotiate with the United Nations for In general, the electoral campaign was conducted the establishment of the truth commission and peacefully, except in Kayanza province, where the special chamber within the court system of tensions between FRODEBU and CNDD-FDD sup- Burundi, negotiations could not take place owing porters resulted in several acts of violence. The to the activities involved in the electoral process communal elections were held without any seri- and the subsequent inauguration of President ous disruption in 15 of Burundi’s 17 provinces, Pierre Nkurunziza on 26 August, as well as the but violence in Bubanza and Bujumbura Rurale consequent disbandment of the commission es- caused the early closure of 133 polling stations. tablished by the Transitional Government, with With UN assistance, the elections in the affected the installation of the new Government (below). communes were successfully concluded on In meetings with ONUB in early September, 7 June. President Nkurunziza and the new Minister of Elections for the National Assembly were held Justice expressed the Government’s support in as scheduled on 4 July, in a peaceful atmosphere, principle for the establishment of the two ac- with the participation of some 77 per cent of countability mechanisms; the truth commission the registered voters. CNDD-FDD (Nkurunziza) was to be established before the special chamber. received 57.8 per cent of the national vote; They indicated their intention to nominate a FRODEBU, 21.6 per cent; UPRONA, 7.1 per cent; committee to liaise with the United Nations on CNDD (Nyangoma), 4.9 per cent; and MRC, the details of the proposed legal framework for 2.1 per cent. Indirect Senate elections, in which the two mechanisms, but made clear that Bu- ballots were cast by the 3,225 newly elected com- rundi would not be ready to engage in substantive munal councillors, were held on 29 July. The negotiations before 30 September. Senate was composed of 41 members: one Hutu In preparation for the negotiations, consulta- and one Tutsi representing each of the 17 prov- tions among Secretariat departments and offices, inces; three co-opted representatives from the and between the Secretariat and relevant NGOs, Batwa community; and the four former Heads of were held at UN Headquarters to coordinate State. their respective roles in elaborating the opera- On 19 August, Pierre Nkurunziza, leader of tional modalities of the mechanisms and, their CNDD-FDD, was elected President by a Joint Par- interrelationship and sequencing. In parallel, liamentary Congress comprising members of the OHCHR undertook a preparatory mission to Bu- National Assembly and the Senate. On 26 Au- rundi (27 September–1 October) to discuss coor- gust, the inauguration of Mr. Nkurunziza, the dination of activities between it and ONUB in rela- first democratically elected President in over a tion to the establishment of a truth commission, decade, marked the formal conclusion of the the initiation of an information campaign, the transitional process in Burundi. The final round design of a national consultative process on the of elections at the colline level was to be held on 23 two mechanisms, and the organization of a na- September. tional conference on transitional justice. On the In his inaugural speech, President Nkurunziza basis of the preliminary results of the consulta- signalled his intention to crack down on corrup- tive process, the preparatory discussions with tion, crime and lawlessness; fight the spread of Burundi and its readiness to start the negotiating HIV/AIDS; improve security; and promote eco- process, a UN mission would be dispatched to nomic growth. He promised free primary educa- Burundi to negotiate the practical implementa- tion for all children and urged all Burundians to tion of the legal framework and report in due help rebuild the country. course to the Council. On 29 August, the National Assembly and the Senate confirmed President Nkurunziza’s nomi- Elections nees for first Vice-President and second Vice- On 3 June, for the first time since the country’s President. On 30 August, the President nomi- independence in 1962, elections were held in Bu- nated ministers for the 20-member Cabinet; its rundi for communal councillors. Some 80 per composition generally complied with the Consti- cent of the registered voters participated, and tution and with the power-sharing arrangements candidates were nominated by 35 political par- in the Government agreed upon in the Arusha ties, as reported by the Secretary-General in Sep- Agreement, which envisaged a Government con-

YUN05—4th proofs Dec. 24 2007 Africa 209 sisting of 60 per cent Hutu, 40 per cent Tutsi and Constitution. It encouraged the Government to 30 per cent women representatives. Donors pro- work resolutely towards consolidating the pro- vided $22 million for the elections through the gress made and concluding the peace process, UNDP-managed trust fund. urged renewed efforts towards concluding a Press statement of Secretary-General. By a ceasefire agreement with Palipehutu-FNL, and press statement of 19 August [SG/SM/10053], the appealed to all of Burundi’s partners to provide Secretary-General congratulated the Burundians the requisite financial and socio-economic on the election of their first post-transitional assistance for post-conflict reconstruction and President. He wished the President-elect every development. success as he faced the challenging tasks ahead, including continuing the major reforms cur- Further political developments rently under way, the consolidation of peace, na- Report of Secretary-General (September). In tional reconciliation, reconstruction and devel- his special report of 14 September [S/2005/586], opment. the Secretary-General focused on the conclusion of the transitional process and the proposed in- SECURITY COUNCIL ACTION ternational arrangements for providing support On 30 August [meeting 5252], following consulta- to the new Government. tions among Security Council members the Pres- At meetings held on 20 and 21 June and on 18 ident made statement S/PRST/2005/41 on be- and 19 July, the Implementation Monitoring half of the Council: Committee reiterated its call for the Transitional The Security Council acknowledges the election Government to implement pending defence and of Mr. Pierre Nkurunziza as President of the Repub- security sector reforms, and called on the CENI to lic of Burundi, on 19 August 2005. This vote marks ensure the free and fair conduct of the elections, the welcome final step of the transitional process in including strict adherence to the electoral calen- Burundi. The conclusion of this transitional process dar. On 8 and 9 August, the Committee held its represents an important milestone for the future of final meeting in Bujumbura. It issued a state- Burundi as well as the Great Lakes region as a whole. ment drawing the attention of the new Govern- The Council pays tribute to the spirit of peace and ment and the international community to several dialogue demonstrated by the Burundian people throughout the transitional period, and commends outstanding provisions of the Arusha Agreement them for their encouraging participation in the elec- and called on the Government expeditiously to toral process. The Council calls upon all parties to complete the implementation of those relating to respect the will of the Burundian people, the elected the repatriation of refugees and rehabilitation of Government and the commitments agreed upon civilians affected by conflict; the release of politi- during the transitional process. It encourages the cal prisoners; reconstruction and economic and new authorities to continue on the course of stability social development; the reform of the defence and national reconciliation and to promote social concord. It reaffirms in this regard that it is essential and security sectors and of the justice system; to put an end to the climate of impunity. and ending impunity. The Council commends the critical contribution The Transitional Government concluded the of the Regional Peace Initiative on Burundi, the Afri- harmonization of all military and police ranks can Union and the United Nations Operation in for both the demobilization of personnel and Burundi to the peace process. It calls upon all inter- their reintegration into either the new National national partners of Burundi, including the States of Defence Force or the national police. Integration the Regional Initiative and the main donors, to re- of ex-combatants of armed groups into the Na- main committed, and encourages them to agree with tional Defence Force was completed. In May, the Burundian authorities on the most appropriate framework to coordinate their support to reforms ONUB, in cooperation with international donors, currently under way and to the consolidation of finalized a plan for the comprehensive reform of peace. the security sector. The plan was communicated to the Transitional Government, which wel- Communication. The AU Peace and Security comed the initiative, but noted that it should be Council, by a communiqué adopted at its thirty- further developed in coordination with the in- seventh meeting (Addis Ababa, 8 September) coming Government. [S/2005/580], welcomed the conclusion of the By 15 August, 16,491 combatants of the former transitional period in Burundi, the successful Armed Forces of Burundi and of the armed pol- conduct of the electoral process, the peaceful itical parties/movements had entered the na- transfer of power to democratically elected insti- tional demobilization process, including 2,909 tutions, the election of Mr. Nkurunziza as Pres- children and 485 female combatants. Another ident and the establishment of new institutions 11,400 former soldiers were expected to be de- based on the principles defined in the Burundian mobilized by December. The Ministry of De-

YUN05—4th proofs Dec. 24 2007 210 Political and security questions fence reaffirmed its commitment to continue de- solidate peace through reconciliation; and assure mobilization until the National Defence Force the people of Burundi of the international com- was reduced to 30,000 personnel. munity’s commitment to ensuring democratic, During the reporting period, the continuing transparent and accountable governance. The military confrontations between the National De- forum, which would have a small secretariat, fence Force and FNL had severe consequences would be chaired by the Special Representative for the civilian population in Bujumbura and and include representatives of the Regional Bubanza provinces. FNL continued targeting ci- Peace Initiative, the international donor com- vilians suspected of no longer supporting it or of munity, the AU and the United Nations. It would supporting CNDD-FDD, some of whom were be- meet monthly and hold regular meetings with headed or otherwise mutilated. On 16 June, five the Government. At a 13 September meeting of civilians attending a religious service in Bujum- the Heads of State of Burundi and of the member bura Rurale were killed, and at least 10 others States of the Regional Peace Initiative, the AU, were wounded by grenades and gunfire. In donors and other international stakeholders, Bujumbura and Bujumbura Rurale, ONUB docu- chaired jointly by the Secretary-General and the mented an increase in summary executions of President of Uganda, agreement was reached in suspected FNL supporters, reportedly by Na- principle on the establishment of the proposed tional Defence Force soldiers. During the elec- mechanism in the form of a partners’ forum, toral period, the Defence Force carried out mass whose mandate and composition would be fur- arbitrary arrests of suspected FNL supporters, ther elaborated in consultation with Burundi. and several deaths resulting from torture and ill- treatment were reported; however, most detain- SECURITY COUNCIL ACTION (September) ees were released after questioning. On 22 September [meeting 5268], following con- A total of 116,799 Burundians continued to live sultations among Security Council members, the in 160 displacement sites nationwide, the major- President made statement S/PRST/2005/43 on ity in Kayanza, Ngozi, Kirundo, Muyinga and behalf of the Council: Gitega provinces. Furthermore, 26,077 Burun- The Security Council takes note of the special re- dian refugees returned to Burundi between Jan- port of the Secretary-General of 14 September 2005 uary and August, most to Makamba, Muyinga on the United Nations Operation in Burundi, in par- and Ruyigi provinces. UNHCR facilitated 25,030 ticular the proposal to establish a partners’ forum as returns. an international support mechanism. The Secretary-General observed that, despite The Council also takes note of the declaration adopted on 13 September 2005 in New York during the progress achieved in consolidating peace, sig- the summit on Burundi, co-chaired by the Secretary- nificant challenges remained. He underscored General and the President of the Republic of some of the key areas requiring sustained and en- Uganda, in his capacity as Chairman of the Regional hanced international engagement and donor Peace Initiative on Burundi. support: reconstruction, development, job cre- The Council welcomes the decision taken during ation, rehabilitation of the national health and the summit to establish a forum of Burundi’s part- education sectors, promotion of reconciliation, ners and encourages the Special Representative of putting an end to impunity, conclusion of the se- the Secretary-General for Burundi to conclude dis- cussions with all concerned partners in order to es- curity sector and judicial reform programmes tablish the forum as soon as possible. and ensuring sound governance. He was encour- The forum should work with the Government of aged by President Nkurunziza’s willingness to Burundi in consolidating peace and national recon- pursue negotiations with FNL and called on FNL ciliation in Burundi, supporting reforms being un- to act without further delay and in good faith to dertaken by the Government and enhancing donor reach a peaceful settlement with the Govern- coordination, and should work in close coordination ment. with the Peacebuilding Commission once it is opera- tional. Burundi Partners’ Forum. The Secretary- The Council also reiterates its call upon the donor General, elaborating on his proposal for an inter- community to pursue bilateral and multilateral national mechanism to support the new Govern- efforts to support the country. ment, stated that such a mechanism should support the reform processes under way, includ- Subsequently, ONUB convened an informal ing those relating to the security sector, the judi- meeting (Bujumbura, 18 October), at which the ciary and land ownership. It should address Burundi Partners’ Forum was launched bringing civilian disarmament issues and the management together representatives of the AU, the Regional of large-scale refugee returns; ensure coordina- Peace Initiative, neighbouring countries, the tion among donors for reconstruction and devel- United Nations and donors. In addition to hold- opment funding; support national efforts to con- ing regular meetings, the Forum would also hold

YUN05—4th proofs Dec. 24 2007 Africa 211 periodic meetings with the participation of all ing to FNL. In a 30 October statement, CNDD interested international partners. (Nyangoma) also expressed concern over contin- Security Council consideration. The Council uing insecurity in the country, including inci- heard briefings by the head of its mission to dents of arbitrary arrests, torture and human Central Africa on 15 November [meeting 5305] and rights violations, despite the new Government’s on 6 December [meeting 5315]. In introducing the promises for a tangible improvement in the hu- mission’s report at the December meeting, the man rights situation. head of the mission remarked that the transition On 10 September, contrary to its previous posi- in Burundi had been a success and that the peace tion, FNL indicated that it would negotiate with and national reconciliation process had set a the Government but only with the involvement of stunning example for the region. The United the international community. On 14 September, Nations, whose support had been crucial to that it announced the formation of an 80-member success, had to withdraw and make way for oth- delegation to participate in negotiations, but with ers. The problem of FNL’s non-participation in the precondition that violations of the 15 May the peace process continued to pose a challenge; agreement on the cessation of hostilities (see the mission hoped that, with the encouragement p. 203) be investigated. On 8 October, elements of Tanzania, FNL would return to the negotiating claiming to be from FNL and headed by Jean- table without delay. Bosco Sindayigaya, a former deputy to FNL leader Agathon Rwasa, proclaimed that the lead- Situation at end of year ership of FNL had been suspended and that the Report of Secretary-General (November). In new faction was prepared to negotiate with the response to Security Council resolution 1602 Government. The situation regarding the FNL (2005) (see p. 204), the Secretary-General issued leadership remained unclear. On 6 October, the his fifth report on ONUB on 21November [S/2005/ Government announced that, unless FNL agreed 728], updating major developments in the peace to enter into negotiations before 31 October, it consolidation process and presenting his recom- would take measures to bring it to the negotiating mendations on the role of ONUB in supporting table, willingly or by force. It also announced on Burundi in its post-transition phase, including 29 October that measures would be taken to curb possible adjustments to the Operation’s mandate FNL activities. At the request of the Regional and force strength. Peace Initiative, the United Republic of Tanzania Elections at the colline level were held as sched- continued its efforts to facilitate talks between the uled on 23 September in a generally peaceful Government and FNL. atmosphere, with a moderate voter turnout. Meanwhile, the Tripartite Plus Joint Commis- Some 44,724 independent candidates competed sion held a meeting (New York, 16 September) at for 14,560 colline administrator posts. ONUB pro- which the members agreed to continue military vided technical and logistical assistance to CENI and diplomatic pressure on all militias operating in organizing the elections and coordinated in their territories to ensure the disarmament closely with the Government on the provision of and repartition or reintegration of those militias, security. Those elections completed the national and to impose sanctions on them if they refused electoral process. to disarm voluntarily before 30 September. At a The new Cabinet, meeting for the first time on further meeting (Kampala, Uganda, 21October), 9 September, identified the following tentative the Commission agreed to take measures against priorities for the Government: restoring peace the armed groups, including FNL, that were oper- and democracy, completing security sector re- ating in the eastern DRC and neighbouring coun- form, combating corruption, improving living tries. The measures would include prosecution conditions, addressing security issues and pro- and extradition of the groups’ leaders, the impo- moting regional cooperation. Steps were taken to sition of travel bans and financial restrictions curb public expenditure, and accountability against them, and their possible designation as measures were introduced for government offi- terrorist groups. cials, including declaring their financial assets. While the security situation in most areas of On 29 October, the newly elected President of the country remained generally stable, attacks by FRODEBU, Léonce Ngendakumana, announced FNL and clashes between it and the National De- that his party was considering withdrawing from fence Force increased in the western provinces. the Government unless the decision-making pro- As a result, the population, particularly in cess became more inclusive. On 4 November, Bujumbura Rurale and Bubanza provinces, con- the FRODEBU parliamentary group issued a state- tinued to suffer from violence and intimidation. ment expressing concern over the arbitrary ar- Multidisciplinary assessment mission. Amulti- rests of some of its members accused of belong- disciplinary UN assessment mission, led by DPKO

YUN05—4th proofs Dec. 24 2007 212 Political and security questions and comprising representatives of DPA, the De- April) of a National Commission for Civilian Dis- partment of Safety and Security, the Office for armament to address the problem of the large the Coordination of Humanitarian Affairs, number of small arms in the hands of the civilian UNDP, the United Nations Development Group, population, little progress had been achieved. OHCHR, UNHCR and the World Bank, visited Refugee returns rose to over 18,000 in October, Burundi from 16 to 23 October. The mission met bringing the total number of returnees to more with a wide cross-section of Burundian and inter- than 60,000. With UNHCR assistance, 281,731 Bu- national stakeholders and evaluated the security rundian refugees returned from the United Re- situation on the ground, the overall peace consol- public of Tanzania;some 426,521more remained idation and national recovery process, and the in the DRC, Rwanda and Tanzania. The number of UN role in the post-transition phase. internally displaced persons decreased from The mission examined key security challenges 145,000 in 2004 to 117,000 in 2005. that needed to be addressed urgently for the res- Drawdown of ONUB military component. In toration of stability in Burundi: bringing FNL discussions with the assessment mission, the Gov- into the peace process; building the capacity of ernment was of the view that, since security had the security sector, namely, the National Defence been restored in most areas of the country, inter- Force and the national police; completing the national support, including UN support, should disarmament and demobilization process and re- focus on institutional capacity-building and on integrating former combatants; reintegrating recovery, reconstruction and development. It refugees and internally displaced persons; and therefore favoured an early withdrawal of the resolving regional issues. Other challenges to be ONUB military component, while acknowledging addressed effectively to ensure the consolidation the important role that it could continue to play of durable peace included: promoting democ- in other critical areas. A joint Government-ONUB racy and good governance and strengthening technical working group held extensive consulta- State administration; strengthening the rule of tions (Bujumbura, 4-14 November) to consider law; fostering respect for human rights; transi- the nature of ONUB support in the next phase. tional justice through the establishment of a na- The Government indicated its strong preference tional truth commission and a special chamber for an early disengagement of ONUB’s military within Burundi’s court system (see p. 206); and and police and that its other areas of responsibil- developing strategies for poverty reduction and ity should be progressively assumed by the UN humanitarian relief, promoting economic recov- country team and other international partners ery and development, resolving disputes over during 2006. It further indicated the readiness of land and property rights, and developing action the National Defence Force and the national po- plans for clearing mines and other explosive rem- lice to address security challenges, and to assume nants of war. as soon as possible all security responsibilities The mission found that some progress had currently undertaken by ONUB in the 14 prov- been achieved towards reforming the security inces where security had generally been restored. sector. Success of the reintegration process was It was proposed that the ONUB military compo- evidenced by a National Defence Force that cur- nent could begin drawing down in December, rently comprised some 33,000 military person- starting with one national contingent. The nel, which would be further reduced to 25,000 by phased withdrawal of two battalions, a level II December 2007, as it was important that the force hospital and an aviation unit from the provinces be reduced to a size that was financially sustain- of Kirundo, Ngozi, Cankuzo, Ruyigi, Rutana, able. Some 20,000 officers had been integrated Makamba, Gitega, Karuzi and Muyinga could be into the national police force, of whom 1,012 were completed from April to June 2006. During that women. As to the disarmament and demobiliza- period, troops could also be withdrawn or rede- tion programme, by 16 October, 17,459 combat- ployed from Mwaro, Muramvya and Bururi. The ants of the former Armed Forces of Burundi and result would be a reduction of approximately members of the armed political parties/movements 2,000 personnel, or 40 per cent of ONUB’s cur- had been demobilized, including 3,007 children rent authorized military strength. The number and 482 women. By 10 October the Government of military observers deployed throughout the had disarmed and paid allowances to 2,849 mem- country would also be reduced from the current bers of the gardiens de la paix and to 1,704 militants authorized strength of 200 to 120 by the end of combattants; nonetheless, the process had been re- April 2006. The balance of the ONUB force would peatedly interrupted owing to problems concern- remain temporarily deployed in the three border ing the accuracy of lists of the gardiens, and was provinces of Bujumbura Rurale (including again suspended in mid-October. Despite the es- Bujumbura city), Bubanza and Cibitoké, where tablishment (by the Transitional Government in FNL remained active and would continue to mon-

YUN05—4th proofs Dec. 24 2007 Africa 213 itor and enhance security along the Burundi-DRC ber and to help ensure that they functioned effec- border, including Lake Tanganyika, in coordina- tively. The Secretary-General urged the Govern- tion with the National Defence Force and ment to address as a priority the increasing MONUC. A mechanism would be established to human rights violations in the country and en- coordinate activities of the National Defence sure that perpetrators were brought to justice. Force and the ONUB force related to border con- The Secretary-General did not believe that trol and the progressive transfer of all security re- ONUB should be maintained for longer than sponsibilities from ONUB to the national army needed. However, in view of the major outstand- and police, including the protection of civilians ing challenges, combined with a general lack of in those provinces. resources to address them, he cautioned the Se- While it was envisaged that the withdrawal of curity Council against a hasty or premature in- the ONUB force could, at the request of the Gov- ternational disengagement. He appealed to the ernment, be completed in the second half of regional and international stakeholders, as well 2006, a detailed drawdown plan for the approxi- as international donors, to remain committed to mately 3,000 remaining ONUB troops would be Burundi in the next critical phase in that country, developed after a joint assessment by ONUB and including by increasing bilateral and multilateral the National Defence Force in January 2006. assistance. Taking into consideration the pro- The Government proposed that the ONUB po- posed adjustment in the military strength of lice component be reduced from its current ONUB, the Secretary-General recommended that authorized strength of 120 to about 15 police its mandate be extended for a further six-month trainers, to be based in Bujumbura, by the end of period, until 31 May 2006. March 2006. ONUB could also play an important Burundian position. On 23 November [S/2005/ role in monitoring the implementation of a possi- 736], Burundi transmitted its report to the Secu- ble ceasefire agreement with FNL; supporting the rity Council on the conclusions of the talks be- ongoing disarmament, demobilization and rein- tween its Government and ONUB, following the tegration, and security sector reform processes; UN assessment mission in October on the evolu- and monitoring and promoting human rights, tion of the ONUB mandate (see p. 211).The report particularly through national capacity-building. outlined the modalities for the gradual with- The Government also requested ONUB support drawal of ONUB forces as described in the Secre- in the area of transitional justice, including for tary-General’s report (see p. 211) and the agreed the establishment of a truth and reconciliation areas of cooperation between ONUB and Bu- commission and special chamber (see p. 206). rundi, as follows: monitoring Burundi’s borders Many of those tasks were envisaged to be either with the DRC, including Lake Tanganyika; completed or continued through other bilateral support for the completion of the disarmament, and multilateral assistance programmes before demobilization and reintegration process and se- the end of 2006. curity sector reform; support for the promotion The Secretary-General encouraged Burundi of human rights; support for transitional justice and its international and regional partners to in the context of the establishment of the truth adopt a common approach to resolving the and reconciliation commission and the special armed conflict with FNL and urged Burundi to chamber (see p. 206); protection of ONUB person- continue its efforts to engage in talks with FNL, nel and equipment; demining; and support for and the FNL leaders to seize the opportunity to the World Food Programme (WFP) and UNHCR join the peace process. He suggested that, if humanitarian operations. The report noted that efforts to bring FNL to the negotiating table Burundi would continue to cooperate with ONUB failed, the Security Council and the region might by working with the teams that were not part of wish to consider the use of targeted measures the first withdrawal in the areas and within the against the FNL leaders who continued to obstruct limits of what was agreed. In March 2006, Bu- a peaceful solution. rundi and ONUB would assess the situation on the The Secretary-General encouraged Burundi ground and progress made in the agreed areas of to identify as a matter of urgency the priority cooperation. areas in which assistance was needed to support Security Council consideration. During the the National Defence Force and the national po- 30 November meeting [meeting 5311] of the Secu- lice, and donors to give expeditious, positive con- rity Council to discuss the reports of the Secre- sideration to helping meet the shortfalls, espe- tary-General and Burundi, the Foreign Minister cially of equipment, logistics, housing, transport of Burundi stated that the country, strengthened and training. The United Nations stood ready to by its achievements, was working to address the assist the Government in establishing the truth challenges of reconstruction and development. and reconciliation commission and special cham- There was peace throughout most of the country,

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with the exception of a few pockets in Bujumbura gradual disengagement of ONUB and encour- Rurale, Cibitoké and Bubanza, where the crime aged the Burundian authorities and ONUB to rate remained high and atrocities were some- consult closely on the matter. Council members times perpetrated by members of Palipehutu- again called on Palipehutu-FNL to join the peace FNL. The National Defence Force and the na- process without further delay or conditions, and tional police were working hard to put an end to welcomed the willingness shown by the Govern- such actions with encouraging results: in Novem- ment to achieve a peaceful solution. ber, 707 FNL members left the movement and surrendered to Burundian authorities; many of SECURITY COUNCIL ACTION (December) them had rejoined their families. Burundi was On 21 December [meeting 5341], the Security emerging from a long period of economic stag- Council unanimously adopted resolution 1650 nation and a sense of confidence had returned. (2005). The draft [S/2005/811] was prepared in The last few months had seen a significant in- consultations among Council members. crease in tax yield due to the strict collection of The Security Council, duties and taxes. The Foreign Minister stressed, Recalling its resolutions and the statements by its however, the urgent need to strengthen finan- President on Burundi, and in particular resolution cially multilateral agencies, including UN agen- 1545(2004) of 21 May 2004, cies, to enable them to shift from humanitarian to Reaffirming its strong commitment to the sovereignty, development support of post-conflict Burundi. independence, territorial integrity and unity of Bu- rundi, and recalling the importance of the principles SECURITY COUNCIL ACTION (November) of good-neighbourliness, non-interference and co- operation in the relations among States in the region, On 30 November [meeting 5311], the Security Congratulating the people of Burundi for the suc- Council unanimously adopted resolution 1641 cessful conclusion of the transitional period and the (2005). The draft [S/2005/741] was prepared in peaceful transfer of authority to representative and consultations among Council members. democratically elected government and institutions, Expressing its gratitude to the States of the Regional The Security Council, Peace Initiative on Burundi, the African Union and the Recalling its relevant resolutions on Burundi, and United Nations Operation in Burundi for their signifi- in particular resolution 1545(2004) of 21 May 2004, cant contribution to the success of the political transi- Reaffirming its strong commitment to the sovereignty, tion, independence, territorial integrity and unity of Bu- Encouraging the new authorities and all Burundian rundi, and recalling the importance of the principles political actors to continue on the course of stability of good-neighbourliness, non-interference and co- and national reconciliation and to promote social con- operation in the relations between States in the region, cord in their country, while recognizing that numerous Noting that factors of instability remain in Burundi, challenges remain to be addressed, which continue to constitute a threat to international Stressing the need to put in place the reforms pro- peace and security in the region, vided for in the Arusha Peace and Reconciliation Acting under Chapter VII of the Charter of the Agreement for Burundi, signed on 28 August 2000, United Nations, Encouraging in particular the Burundian authorities 1. Decides to extend the mandate of the United to continue to work with the Special Representative of Nations Operation in Burundi until 15 January 2006; the Secretary-General for Burundi, including on the 2. Decides also to remain actively seized of the mat- establishment of the mixed truth commission and the ter. special chamber within the court system of Burundi referred to in resolution 1606(2005) of 20 June 2005, Also on 30 November, the Council President Reiterating its support for the United Nations Opera- in a press statement [SC/8567], said that the exten- tion in Burundi, which continues to have an important sion of the ONUB mandate to 15January 2006 was role to play in support of the efforts of the Govern- of a technical nature to allow time for discussion ment of Burundi towards the consolidation of peace, on the future of the Operation. By the statement, Recognizing the important role of the Partners’ Fo- Council members encouraged the new Burun- rum established during the summit on Burundi, held in New York on 13 September 2005, in the consolida- dian authorities to continue on the course of sta- tion of peace and reconciliation in Burundi and in sup- bility and national reconciliation and to promote porting reform being undertaken by the Government, social concord in the country. They reiterated Encouraging the Government to work with its inter- their support for ONUB, which, together with the national partners, in particular with a view to mobiliz- Burundi Partners’ Forum, continued to have an ing assistance for the reconstruction of the country, important role to play in support of the Govern- Taking note of the position of the Government on the ment’s efforts towards the consolidation of peace. evolution of the mandate of the United Nations Oper- ation in Burundi, as recorded in the letter dated 23 No- The Council would review ONUB’s mandate, vember 2005 from the Chargé d’affaires a.i. of the Per- taking into account developments in Burundi manent Mission of Burundi to the United Nations and the region, and the numerous remaining addressed to the President of the Security Council and challenges. They recognized the importance of a as presented to the Council on 30 November 2005 by

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Mrs. Antoinette Batumubwira, Minister for Foreign personnel after the expiration of the mandate of their Affairs and International Cooperation of Burundi, original mission, unless the Council decides otherwise; Taking note also of the report of the Security Council 7. Urges the Government to complete the imple- mission which visited the region of Central Africa mentation of the programme of disarmament, demo- from 4 to 11 November 2005, and endorsing the rec- bilization and reintegration, including the effective ommendations contained therein, reintegration of former combatants; Expressing its serious concern at the continuation of 8. Welcomes the willingness shown by the Govern- hostilities by the Parti pour la libération du peuple ment to achieve a peaceful solution with the Parti pour hutu-Forces nationales de libération, and at the threat la libération du peuple hutu-Forces nationales de it poses to civilians, libération, and reiterates its call upon this movement Noting that, although there has been an improve- to join the peace and national reconciliation process ment in the security situation since the completion of without further delays or conditions, and its intention the transitional period, factors of instability remain in to consider appropriate measures that might be taken Burundi and in the Great Lakes region of Africa, against those individuals who threaten this process; which continue to constitute a threat to international 9. Expresses its deep concern at the violations of hu- peace and security in the region, man rights reported by the Secretary-General, and Acting under Chapter VII of the Charter of the urges the Government and other parties concerned to United Nations, take the necessary steps to prevent further violations 1. Takes note of the fifth report of the Secretary- and to ensure that those responsible for such violations General on the United Nations Operation in Burundi, are brought to justice without delay; of 21 November 2005, and in particular of the recom- 10. Urges the international partners for the devel- mendations contained in paragraphs 57 to 60 thereof; opment of Burundi, including the United Nations 2. Decides to extend the mandate of the United bodies concerned, to continue to provide their support Nations Operation in Burundi until 1 July 2006; for the reconstruction of the country, particularly 3. Welcomes the readiness expressed by the through an active participation in the donors confer- Secretary-General to continue to consult closely with ence to be organized in early 2006; the Government of Burundi, with a view to determin- 11. Decides to remain actively seized of the matter. ing, on the basis of the recommendations referred to in the letter dated 23 November 2005 from the Chargé d’affaires a.i. of the Permanent Mission of Burundi to Further report of Secretary-General. Report- the United Nations addressed to the President of ing on developments in Burundi during Novem- the Security Council, the modalities for implementing ber and December [S/2006/163], the Secretary- a gradual disengagement of the United Nations peace- General noted that Parliament adopted nine out keeping presence and an adjustment to its mandate, of 37 draft laws presented to it during its first ses- taking into account all the circumstances, as well as the sion, which ended in December. It also approved merits of a United Nations contribution and support the national budget for 2006, totalling $417 mil- to the consolidation of peace in Burundi; lion. The budget was linked to the poverty reduc- 4. Looks forward to receiving the report of the Secretary-General on the joint assessment mentioned tion strategy and envisaged an increase in fund- in paragraph 60 of his fifth report on the United ing for health, education, public investment and Nations Operation in Burundi, by 15 March 2006; wages, and a slight reduction in the allocation for 5. Authorizes, subject to the following conditions, the security sector. the temporary redeployment of military and civilian The President announced the Government’s police personnel between the United Nations Opera- 2006 priorities, which included economic recov- tion in Burundi and the United Nations Organization Mission in the Democratic Republic of the Congo, tak- ery, reconstruction, reconciliation, governance, ing into account the need to ensure effective perform- trade, education and environmental protection. ance of the current mandates of those missions, and He reiterated his commitment to resolving the requests in this regard the Secretary-General to begin issues of prison overcrowding and political pris- consultations with the countries contributing military oners, and to combating corruption and misman- and civilian police personnel to those missions: agement. He pledged to strengthen the capacity (a) The Secretary-General shall receive the prior of the security sector, reorganize judicial institu- agreement of the countries contributing military and tions, disarm civilians, and reintegrate returnees civilian police personnel and of the Governments con- cerned; and former combatants. Taxes on basic food (b) He shall inform the Council in advance of his items were reduced. Membership of the Burundi intention to proceed with such a redeployment, and in Partners’ Forum was expanded to include all particular of its proposed scope and duration; international representatives accredited to Bu- (c) Any such redeployment shall require a corre- rundi. In addition, a National Committee for Aid sponding prior decision of the Council; Coordination was established in December. 6. Underlines the fact that any personnel redeployed Following the appointment of a commission to in accordance with paragraph 5 above shall continue to be counted against the authorized ceiling on military identify political prisoners, the President an- and civilian police personnel of the mission from which nounced in December the conditional release of they are being transferred, and that any such transfer all prisoners detained for more than two years shall not have the effect of extending the deployment of without charge and those who had served at least

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a quarter of their sentence, except those who had Assistance to survivors of the 1994 genocide committed serious crimes. By presidential decree, in Rwanda, particularly orphans, widows and provisional immunity was granted to all political victims of sexual violence prisoners identified by the commission; 1,457 de- The General Assembly, Guided by the Charter of the United Nations and tainees were subsequently released. The decision the Universal Declaration of Human Rights, raised serious concerns among political parties Recalling the 2005 World Summit Outcome, par- and human rights organizations over the lack of ticularly its recognition that all individuals, in particu- transparency in the work of the commission, in lar vulnerable people, are entitled to freedom from particular regarding the criteria on which the re- fear and freedom from want, with an equal opportu- leases were based. The lack of preparation of the nity to enjoy all their rights and fully develop their hu- communities to which released detainees would man potential, return also raised concerns. The Government Recalling also its resolution 59/137 of 10 December 2004, in which it requested the Secretary-General to en- had since launched a sensitization campaign to courage relevant agencies, funds and programmes of explain its decision on political prisoners and to the United Nations system to continue to work with the promote reconciliation in their communities. Government of Rwanda to develop and implement pro- In December, ONUB destroyed unserviceable grammes aimed at supporting vulnerable groups that ammunition collected through the disarmament continuetosufferfromtheeffectsofthe1994genocide, Recalling further the findings and recommendations process during a public ceremony organized by of the independent inquiry commissioned by the the Government and ONUB. With World Bank Secretary-General, with the approval of the Security support, 96 per cent of former combatants re- Council, into the actions of the United Nations during ceived reinsertion allowances for the first 18 the 1994 genocide in Rwanda, months following their demobilization. However, Recalling the report containing the findings and the delivery of longer-term economic reintegra- recommendations of the International Panel of Emi- tion assistance, including micro-projects, voca- nent Personalities commissioned by the Organization tional training and apprenticeships had been of African Unity to investigate the genocide in Rwanda and the surrounding events, entitled “Rwanda: The seriously delayed. As at December, a total of Preventable Genocide”, 5,295 former combatants were receiving reinte- Recalling also its resolution 58/234 of 23 December gration assistance, over half of them under the 2003, by which it declared 7 April 2004 the Interna- national programme. Meanwhile, in November, tional Day of Reflection on the Genocide in Rwanda, the National Defence Force began basic training Recognizing the numerous difficulties faced by sur- on core military duties at the company level. vivors of the 1994genocide in Rwanda, particularly the orphans, widows and victims of sexual violence, who With regard to the return and reintegration of are poorer and more vulnerable as a result of the geno- refugees and displaced persons, UNHCR facili- cide, especially the many victims of sexual violence tated 5,409 and 1,250 returns in November and who have contracted HIV and have since either died or December, respectively, bringing the total num- become seriously ill with AIDS, ber of refugee returns to 68,000 during 2005. Firmly convinced of the necessity to restore the dig- nity of the survivors of the 1994 genocide in Rwanda, At the request of the Government, ONUB be- which would help to promote reconciliation and heal- gan the drawdown of 40 per cent of its military ing in Rwanda, force in December. As requested by Security Commending the tremendous efforts of the Govern- Council resolution 1650(2005) (see p. 214), ONUB ment and people of Rwanda and civil society organiza- consulted with the Burundian authorities to de- tions, as well as international efforts, to provide termine the modalities for implementing the support for restoring the dignity of the survivors, in- withdrawal of ONUB, on the basis of the recom- cluding the allocation by the Government of Rwanda of 5 per cent of its national budget every year to mendations made by Burundi in its 23 November support genocide survivors, report (see p. 213). 1. Requests the Secretary-General to encourage the (For action by the Economic and Social Coun- relevantagencies,funds andprogrammesof theUnited cil on the reports of its Ad Hoc Advisory Group Nations system to implement resolution 59/137expedi- on the humanitarian and economic needs of Bu- tiously; rundi, see p. 1008.) 2. Encourages all Member States to provide assist- ance to genocide survivors and other vulnerable groups in Rwanda in support of the present resolution; 3. Expresses its appreciation for development assist- Rwanda ance and support for the reconstruction and rehabili- tation of Rwanda after the 1994 genocide, and calls Assistance to survivors of 1994 genocide upon Member States to continue to support the devel- opment of Rwanda, inter alia, through programmes On 23 December [meeting 69], the General As- under the poverty reduction strategy; sembly adopted resolution 60/225 [draft: A/60/ 4. Urges Member States to develop educational pro- L.34 & Add.1] without vote [agenda item 73 (a)]. grammes that will inculcate future generations with

YUN05—4th proofs Dec. 24 2007 Africa 217 the lessons of the genocide in Rwanda in order to help rights situation, and economic fragility. A Com- to prevent future acts of genocide; mittee of Foreign Partners, including BONUCA, 5. Requests the Secretary-General to establish a pro- was established to monitor developments in the gramme of outreach entitled “The Rwanda Genocide and the United Nations” as well as measures to mobil- political, security and human rights situation ize civil society for Rwanda genocide victim remem- and in respect of democracy in the country. brance and education, in order to help to prevent fu- In November, the Secretary-General, with the ture acts of genocide, and to report to the General agreement of the Security Council, extended Assembly on the establishment of the programme BONUCA’s mandate for an additional year, until within six months from the date of the adoption of the 31 December 2006, to help the country build on present resolution; 6. Also requests the Secretary-General, in view of the the success of its recent elections. At the same critical situation of the survivors of the 1994 genocide time, he raised the rank of the Representative of in Rwanda, particularly orphans, widows and victims the Secretary-General in the Central African Re- of sexual violence, to take all necessary and practicable public to that of Special Representative. measures for the implementation of the present reso- lution and to report thereon to the General Assembly BONUCA mandate at its sixty-second session; 7. Requests the General Committee to consider in- On 30 November [S/2005/758], the Secretary- cluding in the provisional agenda of the General As- General informed the Security Council that the sembly at its sixty-second session an additional item Central African authorities had advised his Rep- entitled “Assistance to survivors of the 1994 genocide resentative that they wanted BONUCA, established in Rwanda, particularly orphans, widows and victims by Security Council presidential statement of sexual violence”. S/PRST/2000/5 [YUN 2000, p. 162], to continue to assist them in building lasting peace. Since pros- Arms embargo pects for lasting stability in the Central African On 7 February [S/2005/76], the Security Council Republic were more encouraging than ever, the Committee established pursuant to resolution Secretary-General recommended that BONUCA’s 918(1994) [YUN 1994, p. 285] concerning the arms mandate be extended until 31 December 2006, to embargo against Rwanda issued a report cover- enable it to help the country build on the success ing its activities from 1 January to 31 December of its recent elections. Support from BONUCA, 2004. In the absence of a specific monitoring particularly with regard to strengthening politi- mechanism to ensure implementation of the cal dialogue and promoting the rule of law, arms embargo, the Committee recalled its pre- would help create a climate conducive to recon- vious observation [YUN 2004, p. 160] that it relied struction and development. solely on the cooperation of States and organiza- The Central African authorities, together with tions in a position to provide information on vio- neighbouring countries, had also requested lations of the embargo. During the reporting BONUCA and the Representative to serve as facili- period, no violations were brought to the Com- tators in their search for a common solution to se- mittee’s attention. curity threats caused by the upsurge of banditry and the proliferation of weapons in the sub- Central African Republic region. In view of those additional responsibili- ties and recent encouraging developments, the The United Nations Peacebuilding Office in Secretary-General intended to raise the rank of the Central African Republic (BONUCA) had con- his Representative in the Central African Repub- tinued since 2000 to support the efforts of the lic to that of Special Representative, at the Assist- Government to return the country to stability ant Secretary-General level. and achieve reconciliation and reconstruction, following the 2003 coup d’état. With the assist- The Council, on 2 December [S/2005/759], took note of the Secretary-General’s recommendation ance of BONUCA and the international commu- nity, the first and second rounds of legislative and intention. and presidential elections were held successfully in March and May, and, in June, General Political and security developments François Bozizé, President of the Transitional The Security Council President, in a 6 January Government, was confirmed President and Head press statement [SC/8283], said that the Represen- of State of the Central African Republic, mark- tative of the Secretary-General in the Central ing a return to constitutional order. As it as- African Republic, General Lamine Cissé, had sumed office, the new Government confronted briefed the Council on the situation in Central several continuing major challenges, including Africa and on BONUCA activities. The Council re- insecurity in the north and west of the country iterated its full support of the Representative’s due to the presence of armed groups, the human action in the country and noted the progress

YUN05—4th proofs Dec. 24 2007 218 Political and security questions made by Central Africans in the transitional pro- reported shortcomings did not constitute irregu- cess towards the restoration of constitutional le- larities and concluded that the electoral process gality and the rule of law. The Council encour- had been free, reliable, fair and transparent. aged the country’s international partners to On 3 June, the new National Assembly met to continue to support that process, particularly by elect its officers and standing committees and to funding the forthcoming elections. It noted the adopt its rules of procedure. The Assembly was difficulties arising from the recent ruling by the dominated by the Convergence Kwa Na Kwa Transitional Constitutional Court to exclude cer- party, accounting for 77 of the 105 new seats. On tain candidates from the presidential elections, 11 June, the President appointed Elie Doté (for- but were encouraged by the decision of the Head mer head of the Agriculture and Development of State, General François Bozizé, to accept three Division of the African Development Bank) to of those who had been excluded. The Council in- the post of Prime Minister. vited General Bozizé and all other political actors Communications. The Security Council Pres- to find promptly a consensual solution to save the ident, in a press statement of 12 April [SC/8357], electoral process and to create an environment said that the Council had been briefed by the conducive to the organization of free, transpar- Representative of the Secretary-General on the ent and democratic elections. situation in the Central African Republic after The Council requested the Secretary-General the first round of presidential and legislative to inform it of any new developments in the elections held on 13 March. He said that Council country and to assess the situation through his members welcomed the assistance that interna- Representative no later than the end of March. tional partners continued to provide to the country, in particular for the electoral process. Elections They unanimously welcomed the fact that the The Secretary-General reported in June first round of elections was held with respect for [S/2005/414] that the first and second rounds of democratic values, and noted with satisfaction presidential and legislative elections in the that Central Africans demonstrated responsibil- Central African Republic were held on 13 March ity on that occasion. and 8 May, respectively. Apart from some organi- The AU Peace and Security Council, by a com- zational problems and cases of attempted or ac- muniqué adopted at its thirty-third meeting tual electoral fraud, the elections took place in an (Addis Ababa, Ethiopia, 24 June) [S/2005/429], atmosphere of calm. Of the 11 candidates in the welcomed the positive evolution of the situation first round of the presidential elections, two ad- in the Central African Republic, in particular the vanced to the second round: Head of State Gen- holding of legislative and presidential elections, eral Bozizé and former Prime Minister Martin which marked the country’s return to constitu- Ziguélé. Of the 909 candidates, including 135 tional rule. In the light of that development, the women, running in the legislative elections, 18 Peace and Security Council decided to lift the were elected in the first round and 325 advanced 2003 suspension of the Central African Republic to the second. On 24 May, despite large-scale rig- from the activities of AU policy organs, imposed ging alleged by the Union des forces vives de la by the Central Organ of the OAU Mechanism for nation, the Mixed and Independent Electoral Conflict Prevention, Management and Resolu- Commission (CEMI), established in 2004 to en- tion [YUN 2003, p. 158], following the 2003 coup sure implementation of the Electoral Code [YUN d’état [ibid., p. 156]. 2004, p. 161], felt that the allegations did not under- mine the credibility of the electoral process and Reports of Secretary-General announced the final results, declaring elected, Report of Secretary-General (June). The along with 86 parliament members, General Secretary-General, responding to presidential Bozizé as President, with 64.6 per cent of the statement S/PRST/2001/25 [YUN 2001, p. 156], vote, compared to 35.4 per cent for Mr. Ziguélé. submitted a 27 June report [S/2005/414] on the sit- On 11June, after considering requests for annul- uation in the Central African Republic and ment, the Transitional Constitutional Court con- BONUCA activities during the first half of 2005. firmed the presidential election results and pro- Of concern was the security situation, particu- ceeded with the investiture of General Bozizé as larly in the capital, Bangui, and in the northern President and Head of State of the Central Afri- areas of the country. Some areas experienced re- can Republic. The election was observed by 269 newed attacks by armed gangs operating as national and 28 international observers working roadblockers, mostly targeting livestock breed- under the technical coordination of the Interna- ers, commercial transport operators or diamond tional Organization of la Francophonie (OIF). In collectors. The attacks displaced about 800 peo- their joint report, the observers indicated that the ple who had left for the country’s major town-

YUN05—4th proofs Dec. 24 2007 Africa 219 ships and neighbouring Cameroon and Chad. and/or technical support to CEMI during the The authorities were concerned that the gangs electoral process. With the emergency situation might be used to destabilize the new Government ended, the electoral process completed and new and its defence and security forces. Despite those institutions in place, the Central African Repub- threats, the restructuring of the armed forces lic had the tools to embark on the path to peace, continued, with France providing support for the reconstruction and sustainable development. training of three battalions. The BONUCA mili- The Secretary-General encouraged the new au- tary team also worked with UNDP in the imple- thorities to do everything possible to ensure re- mentation of a project for the reintegration of spect for human rights. He appealed to the good- former combatants, alongside the National Dis- will and generosity of the country’s partners to armament, Demobilization and Reintegration provide considerable and immediate financial Commission. The Civilian Police Section of assistance to the economic reconstruction effort BONUCA continued to monitor the security situa- under way. The United Nations would provide tion in the capital and in the hinterland, and technical assistance for the formulation of a pov- trained a total of 110 policemen and 286 gen- erty reduction strategy. darmes. With the return to constitutional order and the SECURITY COUNCIL ACTION expected resumption of cooperation between the On 22 July [meeting 5232], following consulta- country and its major donor partners, economic tions among Security Council members, the Pres- growth was expected to resume in most sectors ident made statement S/PRST/2005/35 on be- in 2005, although overall economic activity was half of the Council: fragile. National public finances remained in The Security Council heard a briefing by the deep crisis owing to the lack of good governance, Representative of the Secretary-General, General the narrowness of the tax base and paucity of Lamine Cissé, on the situation in the Central African revenue. The country was increasingly depen- Republic and the activities of the United Nations dent on budget support from its bilateral and Peacebuilding Support Office in the Central African multilateral partners, including France, China, Republic. It reiterated its full support for the action the EU and the Central African Economic and of the Representative of the Secretary-General. Monetary Community (CEMAC), for its basic The Council is deeply gratified by the successful needs. It would not be able to meet its 2005 pay- holding of the presidential and legislative elections, and welcomes the establishment of the newly elected ment obligations without immediate additional institutions whose stability is necessary to ensure budgetary support. lasting peace in the Central African Republic. The humanitarian situation continued to dete- The Council acknowledges the efforts by the riorate, from a situation of extreme poverty to a Central African defence and security forces to guar- humanitarian emergency, especially in Ouham, antee satisfactory security conditions during the elec- Ouham-Pendé, Nana-Grébizi and Kémo prefec- toral process, and commends the Multinational Force tures, where resumption of normal activities was of the Central African Economic and Monetary Com- impeded by insecurity. In close cooperation with munity, France, the European Union, China and Ger- many for providing decisive support to them. international NGOs and with additional funding The Council appreciates the vital role played in from Norway, Sweden and the World Bank, the the process by the Multinational Force of the Central country team pursued activities to improve access African Economic and Monetary Community to to social services as a matter of urgency and en- date, and expresses its support for continuing efforts hance protection of the most vulnerable seg- by the Force to back the consolidation of the consti- ments of the population. Other initiatives were tutional order, which has thus been re-established, launched to improve access to health services, and the rebuilding of the rule of law. In this regard, boost school enrolment and revitalize agricul- it welcomes the decision of the States of the Central African Economic and Monetary Community to ex- tural production. tend the mandate of the Force. Serious human rights violations continued The Council invites the Government of the during the first half of 2005 in Bangui and in the Central African Republic, and all the political and hinterland, including torture and cruel, inhu- social forces, to consolidate the national dialogue man and degrading treatment, rape, kidnapping and to ensure national reconciliation with a view to and forced disappearances for ransom, and sum- achieving sustainable development in their country. mary executions. Harassment, threats, intimida- The Council calls upon international donors and tion and cases of abuse of authority by law en- the international financial institutions to continue to forcement agencies were also noted during the assist the Central African Republic generously. It emphasizes that their support will be indispensable electoral campaign. for the country’s economic and social recovery, and The Secretary-General congratulated the in- encourages them to formulate, in close consultation ternational partners that provided financial with the United Nations system and the Govern-

YUN05—4th proofs Dec. 24 2007 220 Political and security questions

ment of the Central African Republic, a concerted and good governance mechanism; limiting the development strategy. number of civil servants and State officials to con- The Council requests the Secretary-General to ex- trol the wage bill; improving the management plore, in close consultation with the authorities of the Central African Republic and the country’s de- and functioning of public financial administra- velopment partners, the possibility of setting up a tions through foreign technical assistance; pro- follow-up committee or enlarging the Committee of viding security throughout the national territory Foreign Partners to Follow Up on the Electoral Pro- by strengthening the defence and security forces; cess in order to support the reconstruction efforts and expanding private sector development by im- initiated by the Central Africans. It invites the proving the existing legal, judicial and regula- Secretary-General to report to it on his consulta- tory framework. Medium-term (2007-2010) pri- tions, through his Representative in the Central Afri- orities included rehabilitating the basic can Republic, no later than 31 October 2005. The Council expresses its concern at the insecu- infrastructure, particularly transport, energy rity reigning in the north and the west of the country and water supply; modernizing the telecommu- owing to the presence of armed groups in these re- nication sector and its spatial and territorial ex- gions, and invites relevant States to consult with sub- pansion; modernizing the agricultural sector; in- regional and regional organizations and with the creasing the exploitation of mineral and forestry United Nations Peacebuilding Support Office in the resources; and promoting a policy of national Central African Republic on the action required to unity based on tolerance, a culture of peace, dia- respond collectively to the threat posed by these armed groups to the stability of the Central African logue and justice. The new Government was re- Republic and certain countries of the subregion. ceiving assistance from its foreign partners and The Council expresses also its deep concern at the the UN system for the implementation of those continued deterioration of the humanitarian situa- priority actions. tion in the Central African Republic, in particular in At the political level, BONUCA would mediate the north of the country. It calls upon the interna- tional community to contribute generously to meet and strengthen the dialogue between the politi- the humanitarian needs of the Central African Re- cal actors, and support the Government’s efforts public. in promoting national unity and reconciliation. It would continue to provide technical assistance Report of Secretary-General (October). In re- to strengthen the capacity of the defence and se- sponse to the foregoing presidential statement, curity forces and support efforts to restructure the Secretary-General, in his October report the army and eradicate the problem of cross-bor- [S/2005/679], highlighted the results of his consul- der insecurity, in keeping with the proposals tations with foreign partners and the Central Af- made at the high-level tripartite meeting on that rican Republic on either setting up a follow-up issue (Yaoundé, Cameroon, 25-26 August) by committee, or enlarging the Committee of For- Cameroon, the Central African Republic and eign Partners to Follow Up on the Electoral Pro- Chad. The recommendations adopted at that cess, to support Central Africa’s reconstruction meeting provided, at the bilateral and trilateral efforts. levels, for increased exchanges of security intelli- The Secretary-General said that the poverty gence and information, aerial border surveil- reduction strategy paper for the country, once fi- lance, reactivation of mixed commissions, in- nalized, would become the framework for action, creased contacts between civilian and military programming and reference for partners, under border authorities, joint operations and evalua- government coordination and with UN system tion of the security situation. At a quadripartite support. The framework plan, based on the pri- meeting of BONUCA, Cameroon, the Central Afri- orities determined with the Central African au- can Republic and Chad, organized by UNHCR thorities, focused on democratic governance, re- (Geneva, 6 October), the three countries agreed to sumption of post-conflict programmes, and the intensify security measures along their common fight against HIV/AIDS. The plan was revised by borders and to launch large-scale humanitarian BONUCA, UN agencies and the Government in programmes without regard for their national the light of the new priorities determined by the borders, in order to facilitate the settlement of Government, as contained in the general policy their populations and adoption of a special inte- paper presented to the National Assembly by the grated development plan for the region. Prime Minister on 8 August. Short-term (2005- BONUCA would facilitate cooperation among 2006) priorities included: streamlining of public those countries in order to eliminate perma- finances by improving the collection of receiv- nently cross-border insecurity created by armed ables; resolving the external debt-servicing prob- groups and those who set up roadblocks. It would lem through the early conclusion of an appropri- continue to monitor security along the common ate programme with the International Monetary borders of the three countries, and also the Fund; introducing a transparent management border between the Sudan and the DRC, in order

YUN05—4th proofs Dec. 24 2007 Africa 221 to prevent serious conflict or humanitarian crises August of a National Ombudsman, in accord- from spilling over from one country to the other. ance with constitutional provisions, was seen by BONUCA would provide greater support for the Central African people as an important step the Government’s efforts to promote and protect towards peacebuilding and the strengthening of human rights and assist in implementing its com- national political life. mitment to restore the rule of law and respect its The settlement of electoral disputes by the international obligations. As to reconstruction Transitional Constitutional Court resulted in a and economic governance and recovery, the UN change in representation in the National Assem- system would support efforts to inform and bly. The Assembly, at its special session (5-13 Au- mobilize donors and friends of the Central Afri- gust), adopted the Prime Minister’s general pol- can Republic, with a view to securing technical itical programme (see p. 220); at its regular and financial support. In the area of finance, the session, it approved the 2005 supplementary country’s partners would help the Government budget and adopted the 2006 finance act. The ju- to modernize public financial administrations; dicial branch was also restructured, especially at improve the monitoring and control of company the level of the courts and tribunals. The perma- taxes; introduce an economic and financial good nent Constitutional Court was established on governance charter that officials would be re- 8 September, replacing the Transitional Consti- quired to sign upon assuming office; and pro- tutional Court. mote greater public awareness of public prop- Economic activity was heavily affected in 2005 erty. In the social and humanitarian fields, the by the negative consequences of earlier politico- UN system would focus on upgrading health military crises and insufficient external assist- services, improving access to potable water, rais- ance. The latest figures suggested a modest re- ing school attendance and promoting subsistence covery of less than 2 per cent, as compared with a farming. forecast of 2.6 per cent. Slight improvements Following consultations and exchanges among were recorded in fiscal revenues as a result of a BONUCA, the country team, the Government and census of State officials and civil servants con- development partners, a Committee of Foreign ducted from 25 August through 5 September, Partners was established, comprising China, which detected close to 1,700 irregularities. Never- France, Germany, the Russian Federation and theless, public finances remained in deep crisis, the United States; BONUCA, CEMAC and its Multi- the main effect of which was a new accumulation national Force in Central Africa, the EU, OIF, and of salary arrears. The State had been able to pay the World Bank; and the United Nations Resi- salaries for six months, only four of which were dent and Humanitarian Coordinator. With the for 2005; those payments were enabled by the as- Secretary-General’s Representative and the High sistance of France and China. The budgetary Representative of France as Co-Chairmen, the shortfall had engendered a series of strikes that Committee would monitor developments in the paralysed a number of public services. In the political, security and human rights areas and post-election phase, the anticipated external issues related to respect for democracy. budgetary assistance was an absolute necessity if The Secretary-General observed that the the Central African Republic was to overcome its Central African Republic was gradually return- difficulties. Thus, a cooperation agreement be- ing to peace, economic recovery, reconstruction tween the Central African authorities and the in- and sustainable development, which required, a ternational financial institutions needed to be comprehensive approach and joint action with concluded quickly. However, external assistance the country’s development partners. Existing alone would not revive the country’s economy. cooperation frameworks, such as the United The Government had to step up the pace of re- Nations Development Assistance Framework and form and take strict measures to control public the consolidated appeal process, should be expenditure, expand the tax base and improve strengthened so as to provide greater support to transparency in the management of State fi- the country’s economic recovery efforts and to nances through a more effective anti-corruption prevent any deterioration in the socio-economic drive. situation. Those parts of the UN system responsible for Report of Secretary-General (December). The operational development activities acted within Secretary-General, reporting on 29 December an integrated approach combining response to [S/2005/831] on the situation in the Central African humanitarian emergencies, reconstruction and Republic and on BONUCA activities in the second development activities, and improvement of the half of the year, said that the period was marked security situation. The revised United Nations by the progressive establishment of republican Development Assistance Framework for the pe- institutions. The President’s appointment on 26 riod 2004-2006, which identified as strategic pri-

YUN05—4th proofs Dec. 24 2007 222 Political and security questions orities democratic governance, reconstruction, path towards economic and democratic reforms post-conflict recovery and combating HIV/AIDS, and the intensity of conflicts had lessened, the remained the reference point for programming. subregion remained vulnerable. The reintegra- During the reporting period, the UN system tion of former combatants and security sector re- stepped up action to stem the deterioration in hu- form were among the priorities still to be ad- manitarian indicators, in collaboration with in- dressed. In March, the Secretary-General ternational NGOs and with financial support presented a progress report on ways to combat from Ireland, Norway, Sweden, the United States subregional and cross-border problems in West and the World Bank. Africa, as well as efforts by the United Nations The overall human rights situation had been Office for West Africa (UNOWA) and the interna- improving, although slowly, since the country’s tional community to address subregional cross- return to constitutional legality. Nevertheless, border issues. A collaborative EU/Economic human rights were often flagrantly violated. Community of West African States Prison conditions were deteriorating and did not (ECOWAS/UNOWA) working group was estab- meet the minimum standards set by the interna- lished to develop a plan of action for their activi- tional human rights instruments ratified by the ties and a regional conflict prevention policy. Government. Violations of press and broadcast The United Nations continued efforts to move freedom continued. The recent arrest of a parlia- the peace process forward in Côte d’Ivoire, mentarian and of the president of the High through the implementation of the 2003 Linas- Council for Communication, and abuses by the Marcoussis Agreement [YUN 2003, p. 166] and the defence forces against the civilian population 2004 Accra III Agreements [YUN 2004, p. 182]. The were brought to the attention of the BONUCA Hu- May 2003 ceasefire monitored by the United man Rights Section. Nations Operation in Côte d’Ivoire (UNOCI)con- The security situation had been precarious tinued to hold, with no major violations of the since the elections, in particular in the western UN-imposed arms embargo. However, key and north-eastern regions of the country. Armed benchmarks were not met, such as the targeted gangs continued to interfere with agricultural date for the completion of the demobilization of and commercial activities, causing significant combatants and the constitutional deadline for population displacements to neighbouring Chad holding presidential elections on 30 October and Cameroon. The crisis in Darfur, Sudan (see 2005. The rebel movement Forces nouvelles re- p. 315), and the porous borders had exacerbated tained control over the north of the country, the proliferation and movement of light arms while the south remained under Government and psychotropic drugs. The restructuring of the control. Agreements were brokered in Pretoria, armed forces continued. The Military Section of South Africa, on elections and disarmament BONUCA participated in organizing training issues in April and June, but in each case, the par- courses for battalion command post observers ties failed to live up to their commitments, and and officers, auto mechanics and small-calibre new disagreements emerged over the work and weapons technicians; its Civilian Police Section composition of the Independent Electoral Com- continued to monitor the country’s security situ- mission. ECOWAS and the AU extended President ation and trained 158 national policemen and 98 Gbagbo’s term for a year, appointed a Prime Min- gendarmes. ister and established bodies to oversee the peace The Secretary-General commended the peo- process. Optimism prevailed that Côte d’Ivoire’s ple of the Central African Republic for their pa- new road map would move the country beyond tience and political maturity during the post- the impasse of no-war-no-peace and toward hold- election period. He said the immensity of the task ing national elections by October 2006. to be accomplished was beyond the capacity of Events in Liberia were dominated by electoral the Republic alone, which was still recovering activities. The United Nations Mission in Liberia from the effects of the recent crises and social ten- (UNMIL) supported various aspects of the pro- sions; the support of the international com- cess, including security services. Elections were munity was therefore crucial. held in October, in a peaceful manner, in which Ellen Johnson-Sirleaf obtained the majority vote. While progress was made in restoring State au- West Africa thority, concerns about corruption in the Na- tional Transitional Government led to the estab- lishment of an investigative committee, which In 2005, despite the positive developments concluded that there had been administrative achieved in West Africa, daunting challenges re- and financial malpractices. A governance and mained ahead. While several States were on the economic management assistance programme

YUN05—4th proofs Dec. 24 2007 Africa 223 was developed to address such issues. Violent blocs in the National Popular Assembly: one sup- demonstrations and protests by ex-combatants porting the Government appointed by President and reports of their recruitment from neigh- Vieira and the other allied to the previous Gov- bouring countries to participate in conflicts, re- ernment. Tofacilitate the new role of UNOGBIS in mained an ongoing threat to stability. The appre- the transition process, the Secretary-General re- hension and transfer of former President vised its mandate and recommended an exten- Charles Taylor to Sierra Leone for prosecution sion for one year, until 31 December 2006. by the Special Court was added to the UNMIL Cameroon and Nigeria cooperated to resolve mandate, which was extended through 31 March the border issue, with UN assistance, through the 2006. Cameroon-Nigerian Mixed Commission. Activi- Concerted efforts were made in Sierra Leone ties focused on completing and consolidating the to implement the provisions of the 2000 Agree- transfers of authority, finding solutions to the ment on the Ceasefire and Cessation of Hostili- outstanding maritime boundary issues and car- ties (Abuja Agreement) and to lay the foundation rying out the demarcation process. In May, the for the country to achieve lasting stability, de- Presidents of the two countries renewed their mocracy and prosperity. The security situation commitment to pursue the peaceful implementa- remained stable, facilitating the implementation tion of the 2002 International Court of Justice of the drawdown plan to reduce troops of the ruling [YUN 2004, p. 1265]. However, delays oc- United Nations Mission in Sierra Leone curred in the planned withdrawal and transfer of (UNAMSIL), and of the benchmarks set by the Se- authority in the Bakassi Peninsula and in the de- curity Council. Due to the fragile situation in the marcation exercise. Mano River Basin subregion and shortfalls in The United Nations supported the Govern- security sector reform, the President of Sierra ment of Togo in addressing the political crisis Leone requested a follow-on UN presence after arising from the sudden death of President the withdrawal of UNAMSIL. The Security Coun- Gnassingbé Eyadéma, and in taking measures to cil therefore established the United Nations Inte- preserve stability in the country and in ensuring grated Office in Sierra Leone (UNIOSIL) to assist a peaceful transfer of power consistent with the the Government to consolidate peace, build the Constitution and the rule of law. Peaceful and or- national capacity for conflict prevention and pre- derly elections were conducted in April. How- pare for the 2007 elections. An international ever, the political upheaval and incidents of vio- training team led by the United Kingdom would lence that occurred before, during and after the continue to provide training until 2010. Other elections, resulted in allegations of human rights progress included further Government control violations. The United Nations High Commis- of the diamond-mining sector, the repatriation sioner for Human Rights dispatched a fact- of some 272,000 Sierra Leonean refugees, the es- finding mission to Togo to assess the situation. tablishment of a national human rights commis- The Government indicated that it would exam- sion and the Security Council Committee’s rec- ine the Commissioner’s recommendations to pre- ommendation to revisit the legal basis of the vent the cycles of violence and unrest that had of- sanctions against Sierra Leone. ten marred elections in Togo, and to redress the In Guinea-Bissau, controversies over the eligi- problems leading to such misconduct. bility of two presidential candidates and the election results later in the year created a highly polarized atmosphere in the country. The Regional issues United Nations Peace-building Support Office in The Secretary-General noted that in 2005 West Guinea-Bissau (UNOGBIS) and regional organiza- Africa presented a mixed picture. Several States tions, such as the AU and ECOWAS, provided were on the path to economic and democratic re- support throughout the electoral process. In May, forms; conflicts were less intense, with fewer peo- the Supreme Court validated the applications of ple killed. Nonetheless, the subregion remained both former Presidents Vieira and Yala, paving acutely vulnerable. Some conflicts showed little the way for the holding of the first and second sign of abating; small arms and light weapons round of presidential elections in June and July. continued to proliferate; human rights abuses However, one candidate rejected the final re- were perpetrated with impunity; youth unem- sults, causing tensions to escalate. Although the ployment was soaring; corruption was pervasive; inauguration of President-elect Vieira took place rural exodus into urban areas was fueling explo- in October, by year’s end, the rift had deepened sive population growth in cities, undermining further. By presidential decrees, Mr. Vieira dis- prospects for per capita growth; and in many missed the Government, appointed a Prime Min- countries HIV/AIDS and other infectious diseases ister and named a new Government, creating two continued to spread.

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Among the key organizations assisting in con- and special assignments in conflict prevention fronting the problems undermining the subre- and peacebuilding; report to UN Headquarters gion’s development and security was the 15- on key subregional developments; and execute nation Economic Community of West African additional tasks assigned by the Secretary- States (ECOWAS), with its growing capacity for General and the Security Council, including economic integration and conflict management support to the work of the Cameroon-Nigeria and prevention. Mixed Commission (see p. 296) and follow-up of In his message [SG/SM/9862] to the ECOWAS the relevant recommendations contained in the summit early in the year (Accra, Ghana, 19 Janu- report of the 2004 Security Council mission to ary), the Secretary-General cautioned that, de- West Africa [YUN 2004, p. 169] and of the Council’s spite positive developments in the subregion dur- recommendations on cross-border issues in the ing the previous 12 months, daunting challenges subregion [ibid., p. 167]. lay ahead. He cited the adverse political and eco- nomic effects of the crisis in Côte d’Ivoire on Activities much of West Africa; the situation in Guinea- During the year, UNOWA held regular meetings Bissau and Liberia, which demanded sustained with the heads of UN operations and political of- attention, especially with regard to security sec- fices in West Africa to develop an integrated sub- tor reform and the reintegration of former com- regional approach to conflict prevention and batants into society; and lawlessness in certain management, and to promote peace, security and border zones. development in the subregion. It continued to While encouraging development partners to monitor the crisis in Côte d’Ivoire in order to up- explore ways of assisting ECOWAS to focus atten- date the Council on developments, and convened tion on security sector reform, the Secretary- regional meetings aimed at formulating basic General hoped ECOWAS would also continue the principles and guidelines for a harmonized ap- fight against corruption and impunity, consult proach to disarmament, demobilization and re- more systematically with civil society organiza- integration in West Africa. It worked to develop a tions, and engage fully in discussions on the re- regional strategy to tackle the problem of youth form proposals contained in the report of the unemployment and launched a study entitled High-level Panel on Threats, Challenges and “Youth Unemployment and Regional Insecurity Change [YUN 2004, p. 54]. He said that ECOWAS in West Africa” on the eve of the Afrique-France needed to be reinforced further to give it real au- Summit (Dakar, 1 December). It convened a thority to deal with the problems facing the sub- meeting (Timbuktu, Mali, April) to devise an in- region and affirmed UN support in that effort. tegrated strategy for stabilizing the Mauritania/ Mali/Niger border cluster area. Joint UNOWA/ UNOWA ECOWAS activities included, among others, the The United Nations Office for West Africa ECOWAS workshop on lessons learned from (UNOWA), established by the Secretary-General in peacekeeping operations (Accra, 10-11February) 2001 [YUN 2001, p. 162], was extended for three years and the development of the ECOWAS/EU/UNOWA from 1 January 2005 to 31December 2007, on the Framework of Action for Peace and Security at recommendation of the Secretary-General [YUN the seventh EU/ECOWAS Ministerial Troika meet- 2004, p. 170] and with the concurrence of the Secu- ing (Luxembourg, 18 May). rity Council [S/2004/858]. Headed by the Special Representative for West Africa, Ahmedou Ould- Threats to peace and security Abdallah (Mauritania) since 2002, UNOWA main- tained its headquarters in Dakar, Senegal. Report of Secretary-General (February). On In keeping with his intention to strengthen 11 February [S/2005/86], the Secretary-General UNOWA, the Secretary-General, on 11 January submitted a report on progress made towards the 2005 [S/2005/16], transmitted to the Council a implementation of the Security Council’s recom- copy of the enhanced mandate, which the Coun- mendations contained in presidential statement cil took note of on 11 January [S/2005/17]. The S/PRST/2004/7 [YUN 2004, p. 167] on ways to com- functions entrusted to UNOWA under the man- bat subregional and cross-border problems in date were to promote an integrated subregional West Africa and those made by its 2004 mission to approach and facilitate coordination and infor- West Africa [ibid., p. 169]. mation exchange, with due regard to specific The report outlined steps taken or envisaged mandates of UN organizations, peacekeeping to develop an integrated and coordinated ap- operations and peacebuilding support offices; proach to conflict prevention. Through the col- liaise with and assist ECOWAS and the Mano River laborative efforts of UN entities, those steps in- Union (see p. 228); perform good offices roles cluded: regular liaison between the Special

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Representative and other UN presences in the assist them in developing national action plans. subregion to facilitate information exchange and UN presences in West Africa undertook a major analysis, devise integrated strategies to coordi- collaborative exercise on ways to harmonize the nate periodic meetings among the five UN peace- national programmes on disarmament, demobi- keeping and political missions in the subregion; lization and reintegration and eliminate inconsis- and the UN Consolidated Inter-Agency Appeal tencies among them. Such a strategy should help for West Africa 2005 (see p. 999), which focused reduce the cross-border movement of combat- on alleviating the deterioration of human secu- ants and weapons and consolidate peace pro- rity, hence the ongoing close collaboration cesses throughout the subregion. Workshops for among the humanitarian, political and military UN peace missions and agencies and develop- actors. With UN support, the States in the Mano ment partners in the subregion were held (Dakar, River basin—Guinea, Liberia and Sierra Leone— Senegal, May and August 2004) to identify key were reactivating the Mano River Union to en- aspects in which cross-border collaboration and hance regular institutional cooperation among policy harmonization were deemed essential: them and among the Union, the subregion and child, foreign and female combatants; militia international partners; a reactivated Union groups; disarmament, demobilization and rein- would make possible the resumption of consulta- tegration in countries not at war but deeply tions among its members, particularly on ways to affected by armed conflict in neighbouring coun- deal with mercenaries. ECOWAS and UNOWA con- tries; and the monetary component. A key objec- cluded a cooperation agreement and a joint work tive was the repatriation of foreign child combat- programme on preventing unconstitutional sei- ants to their countries of origin, a strategy which zure of power, and improving the capacity of was the subject of a meeting (Dakar, June 2004) ECOWAS in conflict prevention, crisis manage- of UNICEF and child protection agencies. ment and post-conflict prevention. ECOWAS and ECOWAS and UNHCR agreed on a series of joint UNOWA would be working closely with the EU on activities on four main themes: addressing secu- many of those activities. A related action plan was rity issues in refugee camps; prevention-mitigation under development. UNICEF received funding preparedness and response; reviewing ECOWAS from the Humanitarian Aid Office of the Euro- treaties and protocols with a view to harmonizing pean Commission for a subregional child protec- refugee policies in West Africa; and addressing tion project to reinforce the coordination of child refugee, returnee and development issues. The protection initiatives in the subregion. UN enti- Humanitarian Coordination Section of the ties had increasingly invited civil society organi- United Nations Mission in Liberia (UNMIL)or- zations, particularly women’s groups, to partici- ganized a workshop on property rights of return- pate in the elaboration and implementation of ees, with emphasis on protecting widows’ rights action plans on cross-border issues and to under- to property, with the aim to minimizing property take advocacy work, especially in remote areas. disputes that could threaten social peace and co- Through the efforts of a UNDP-funded civil soci- hesion. The UN presences in West Africa, work- ety focal point within the ECOWAS secretariat, civil ing closely with development partners, continued society organizations created the West Africa to support ECOWAS in its efforts to reform the se- Civil Society Forum as an umbrella institution curity sector of its member States. Senior officers for regional integration, peace and security. of the subregion’s military and security forces, The report also outlined action taken to ad- UN agencies, international development part- dress cross-border issues in the following areas: ners and West African civil society organizations combating the proliferation of small arms and held a meeting (Dakar, 22-23 November 2004) to light weapons; harmonization of disarmament, develop a common understanding of security demobilization and reintegration, especially for sector reform in the West African context and re- child soldiers; finding durable solutions to the viewed reform projects in areas of health, partic- problem of refugees and displaced persons; secu- ularly HIV/AIDS in the armed and security rity sector reform; and developing integrated forces; security forces and mismanagement in the strategies in sensitive border zones. The Pro- administration of justice; and weakness in the gramme for Coordination and Assistance for Se- fight against criminal activities. ECOWAS,incol- curity and Development was replaced by the laboration with the United Nations Office on ECOWAS Small Arms Control Programme to facil- Drugs and Crime, examined ways to improve its itate the conversion of the 1998 ECOWAS morato- border control mechanisms by strengthening the rium on the importation, exportation and manu- flow of information among national law enforce- facture of small arms and light weapons [YUN ment authorities, regional networking and co- 1998, p. 537] into a legally binding instrument, operation in law enforcement issues. A joint ini- build the capacity of national commissions and tiative, known as “Integrated strategies for

YUN05—4th proofs Dec. 24 2007 226 Political and security questions sensitive border areas in West Africa”, headed by flows and to involve civil society groups more reg- UNOWA and the Office for the Coordination of ularly in peacebuilding and other initiatives. Humanitarian Affairs, and including concerned The Special Representative of the Secretary- UN country teams and peace missions, ECOWAS, General and Head of UNOWA said that the Office development partners and civil society groups would continue to facilitate coherent and inte- in the region, was launched in October 2004 to grated approaches to peacebuilding among UN address problems of West African border areas. entities in West Africa; strengthen its partner- Draft integrated strategies for four particular ship with West African States and subregional or- clusters were developed: Guinea/Cote d’Ivoire/ ganizations, especially with ECOWAS; carry out Liberia/Sierra Leone; Mali/Burkina Faso/Côte preventive diplomacy and early warning mis- d’Ivoire/Ghana; Mauritania/Mali/Niger; and sions; and devise policy recommendations that Senegal/Gambia/Guinea-Bissau. provided a basis for effective crisis management. The Secretary-General noted the constructive In partnership with West African Governments, partnership among the UN system, development civil society organizations, the private sector and partners and ECOWAS, as well as some Govern- other international actors, it would initiate out- ments, civil society organizations and local com- reach activities to address persistent and emerg- munities in West Africa. He also noted the steps ing challenges to peace and security. taken towards the development of truly collabo- To strengthen action within the framework of rative arrangements for addressing cross-border its mandate, UNOWA focused on three broad chal- problems. He called on ECOWAS and develop- lenges: the institutional, which called for further ment partners to begin work on establishing a strengthening of collaboration among the UN register of small arms. He pointed out that of entities in West Africa; the methodological, special benefit to West Africa would be the rec- which required prioritizing issues, areas and ob- ommendation of the 2004 High-level Panel on jectives; and the doctrinal, which called for con- the establishment of a sizeable standing fund centrating on countries at war and strongly sup- for peacebuilding that could be used to fund porting those which were not at war but which rehabilitation and reintegration programmes. remained fragile. The Secretary-General stressed that measures to reduce the high levels of youth unemployment SECURITY COUNCIL ACTION were vital for rehabilitation, peacebuilding and On 25 February [meeting 5131], following consul- development; that the 2005 consolidated appeals tations among Security Council members, the process for West Africa should underline the President made statement S/PRST/2005/9 on need to fund a regional humanitarian response behalf of the Council: strategy and development partners should fund The Security Council has carefully reviewed the the project proposals providing a range of cross- progress report of the Secretary-General of 11 Feb- border support services; and that UNOWA,incon- ruary 2005 on the implementation of the recommen- sultation with its partners in West Africa, should dations of the Council on cross-border and sub- produce, before the end of 2005, a regionally in- regional problems in West Africa, and reaffirms the tegrated programme for security sector reform statement by its President of 25 March 2004. with concrete projects that development partners The Council notes with appreciation the en- hanced cooperation among the various United could fund. Nations political and peacekeeping missions in the Security Council consideration. At its meet- subregion and looks forward to receiving the forth- ing on 25 February [meeting 5131], the Security coming report of the Secretary-General on inter- Council considered the foregoing progress re- mission cooperation. The Council also welcomes the port of the Secretary-General, who said the re- growing and constructive partnership between the port highlighted areas requiring immediate and United Nations system, the Economic Community of West African States, individual Member States, longer-term actions; its recommendations were key bilateral and multilateral development partners, directed at a wide range of players, including the as well as civil society organizations, including Council and other parts of the UN system, devel- women’s organizations, aimed at addressing the opment partners, ECOWAS and civil society orga- many complex challenges confronting the West Afri- nizations, calling on all to practice prevention can subregion. and to address at an early stage the root causes of The Council reiterates its belief that action on conflict. He singled out ECOWAS efforts to ad- cross-border and subregional issues should take dress the complex challenges facing the sub- place as part of a wider strategy of conflict preven- tion, crisis management and peacebuilding in the region and drew attention to the growing co- subregion. The Council thus also encourages the operation among security agencies in cracking United Nations Office for West Africa further to down on cross-border crime, as well as the efforts promote an integrated and joint subregional ap- under way to protect children, to stem small-arms proach with the Economic Community of West Afri-

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can States and the African Union, as well as with tention to those critical issues that have a direct bear- other key international partners and civil society or- ing on efforts to enhance peace, stability and demo- ganizations. cratic governance in West African countries. The Council welcomes the encouraging prospects The Council emphasizes the need to pursue secu- for the reactivation of the Mano River Union and the rity sector reforms aiming at improving civil- resumption of dialogue among its member States, military relations in countries emerging from con- notably on ways to deal with mercenaries. It also wel- flict situations and creating a culture of peace and comes initiatives taken by the Economic Community stability and promoting the rule of law. In this re- of West African States to establish a Small Arms Unit gard, the Council requests the United Nations Of- and to adopt a new Small Arms Control Programme fice for West Africa to further explore with inter- and its ongoing efforts to transform the moratorium ested governments and organizations ways in which on the import, export and manufacture of small security sector reforms could be formulated and im- arms and light weapons, signed in Abuja on 31Octo- plemented. ber 1998, into a binding convention. In this regard, the Council welcomes the ongoing The Council welcomes the decision of the Euro- efforts of the Economic Community of West African pean Commission on 2 December 2004 to assist the States, in collaboration with the United Nations Of- Economic Community of West African States in im- fice on Drugs and Crime, to improve border control plementing its plans to combat the illicit dissemina- mechanisms in West Africa by facilitating the flow of tion of small arms. The Council reiterates its call information among national law enforcement au- upon all Member States and organizations, in a posi- thorities, as well as regional networking and co- tion to do so, to extend further assistance to the Eco- operation in law enforcement issues. nomic Community of West African States in this field. The Council calls upon arms producing and The Council reiterates the importance of curbing exporting countries and West African States to ex- the growing risks of instability along some border plore ways in which they can ensure the implementa- areas. The Council, therefore, encourages the tion of the moratorium. United Nations Office for West Africa to facilitate, in The Council calls upon Member States and key in- close cooperation with the Executive Secretariat of ternational partners to explore practical ways of as- the Economic Community of West African States sisting the Economic Community of West African and its member States concerned, the implementa- States in enhancing its capacities in the areas of con- tion of strategies developed for sensitive border flict prevention, peacemaking and peacekeeping, in- zones in the subregion, and calls upon donors to cluding through the provision of technical expertise, support these efforts. training programmes, and logistical and financial The Council stresses the need to help West Afri- resources. In this connection, the Council reaffirms can States to curb illicit cross-border activities and to the crucial importance of the reintegration of ex- strengthen the capacities of the civil society groups combatants, taking into account the special needs of working to promote a cross-border culture of non- child soldiers and women, in order to reverse the cul- violence and peace. ture of violence and create an enabling environment The Council further emphasizes the need to gen- for national reconciliation in countries emerging erate economic activities and to foster development from conflict, and reiterates its call to the interna- as a means of promoting sustainable peace in the tional community to provide adequate funding to subregion. It urges international donors to assist the this end. Economic Community of West African States to ad- The Council underlines the fact that ongoing or dress that need. emerging crises in West Africa are a threat to sub- regional stability, and, in this regard, notes with The Council reaffirms the urgency of finding deep concern the emerging and ongoing tensions in lasting solutions to the problem of youth unemploy- some countries over the transfer of power, involving ment in order to prevent the recruitment of such members of security and armed forces, and which youth by illegal armed groups. In this connection, may further obstruct efforts to stabilize the sub- the Council requests the Secretary-General to in- region. clude in his next progress report practical recom- mendations on how best to tackle the problem of The Council recalls in this regard the African youth unemployment. Union position on unconstitutional changes of gov- ernments, as stated in the 1999 Algiers Declaration The Council urges donor countries, international and the 2000 Lomé Declaration. organizations and civil society to address the dire hu- The Council welcomes the action taken by the Eco- manitarian situation in many parts of the subregion nomic Community of West African States and the and to provide adequate resources within the frame- African Union to address these issues. work of the consolidated appeals process 2005 for The Council expresses its deep concern about the West Africa as part of a regional humanitarian re- involvement of individuals including those from se- sponse strategy to improve the human security of the curity and armed forces in such illicit activities as people in dire need of protection or those whose cop- smuggling of arms, drugs and natural resources, hu- ing capacities are close to exhaustion. man trafficking, extortion at roadblocks and money The Council expresses its intention to keep these laundering, in the context of mismanagement in the issues under review, and requests the Secretary- administration of justice, and weak government General to report on them regularly through his re- capacity to fight against criminal activities and impu- ports on the United Nations missions in the sub- nity. The Council stresses the need to pay special at- region.

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Mano River Union. At a special summit of the sharing of experiences in planning, harmonizing Mano River Union, comprising Guinea, Liberia and implementing disarmament, demobilization and Sierra Leone (Freetown, Sierra Leone, 28 and reintegration programmes, and working July), the Heads of State and Government of the closely with Governments and partners to support member countries considered security issues the repatriation of foreign ex-combatants, in- within the Mano River basin and the revival of cluding women and children formerly associated the Union’s secretariat. They reaffirmed their with armed forces; sharing of information on commitments to support initiatives promoting combating the proliferation of small arms and confidence-building measures along border light weapons, including on types and country of areas and strengthening security in the sub- origin of weapons collected, arms flows and region and to pursue a peaceful solution to the small arms and light weapons control pro- border issue along the Makona-Moa River in con- grammes in each mission area; and sharing of formity with the 2004 memorandum or under- technical expertise among the missions’ civilian standing signed in Conakry, Guinea [YUN 2004, police operations on cross-border issues (traffick- p. 217], stipulating that the village of Yenga be- ing in natural resources, arms and drugs) and longed to Sierra Leone and the Makona-Moa drawing on expertise of international or sub- River to Guinea, as contained in the Anglo- regional police mechanisms. French Treaty of 1912 and renewed by the 1974 Other suggested areas of cooperation were in Agreement between Sierra Leone and Guinea. human rights, child protection, humanitarian They affirmed that the agreement should be assistance, civil affairs, the rule of law, public in- concretized by the demarcation of the border formation and administration and logistics. areas by experts from both countries and begin in The Secretary-General pointed out that to con- August. They appealed to the United Nations duct some of the inter-mission operations identi- and the international community, including the fied above, the Security Council would need to EU, to provide assistance for the reactivation of adjust the mandates of the individual missions. the Union’s secretariat. That entailed addressing a number of political and legal considerations: the consent of Govern- Inter-mission cooperation in West Africa ments in which the missions were deployed; Report of Secretary-General (March). In his agreement of troop-contributing countries for March report [S/2005/135] on inter-mission coopera- the use of their troops and equipment in more tion among the United Nations Mission in Sierra than one mission area, with consequent adjust- Leone (UNAMSIL), the United Nations Mission in ments to the related memorandums of under- Liberia (UNMIL) and the United Nations Operation standing; and arrangements for the extension of in Côte d’Ivoire (UNOCI), the Secretary-General the protection, privileges and immunities, ex- noted that the presence of those three peacekeeping emptions and facilities in the mission’s respective missions, under the aegis of UNOWA,providedan status-of-forces agreements to UN personnel and opportunity to pursue a coordinated subregional property from other missions that might be de- approach to addressing a number of linked key ployed in the State concerned as part of inter- issues at the national and subregional levels. mission operations. Also to be addressed were fi- The Secretary-General, in addition to describ- nancial and staffing constraints, changes to the ing ongoing inter-mission cooperation activities budgetary process and estimates, and coordina- among UNAMSIL, UNMIL and UNOCI, presented tion with UN Headquarters on the subregional recommendations on potential areas for future reallocation of assets so as to keep in line with cooperation. Among them were: information global peacekeeping priorities and require- sharing and joint strategy formulation to support ments. the peace processes in Côte d’Ivoire, Liberia and The Secretary-General observed that, while Sierra Leone, together with the establishment of the above agenda would require persistent effort, fully functional and inclusive joint mission analy- its benefits would stretch beyond West Africa as sis cells for effective information management; similar principles of inter-mission cooperation cross-border military operations, including “hot could be applied wherever there were other con- pursuit” operations, joint air patrolling, shared tiguous UN presences. routine cross-border patrolling and periodic pa- trol visits at border crossing checkpoints, ex- tended areas of border responsibility, prear- Côte d’Ivoire ranged coordinated military operations, and the In 2005, the United Nations, the Economic possible establishment of an operational-level Community of West African States (ECOWAS), the subregional reserve force capable of rapid de- African Union (AU) and the international com- ployment, with a command and control centre; munity continued efforts to move Côte d’Ivoire’s

YUN05—4th proofs Dec. 24 2007 Africa 229 peace process forward through the implementa- line, leaders of ECOWAS and the AU agreed to ex- tion of the 2003 Linas-Marcoussis Agreement tend President Laurent Gbagbo’s term of office [YUN 2003, p. 166] and the 2004 Accra III Agree- for a year. Significant powers would be entrusted ment [YUN 2004, p. 182]. A Zone of Confidence sep- to a Prime Minister who would oversee a power- arated troops belonging to the National Armed sharing government and the transition to fresh Forces of Côte d’Ivoire (FANCI), deployed in the elections by October 2006. ECOWAS and the AU Government, controlled south of the country, also created two new bodies, the International and those of the Forces nouvelles, deployed in Working Group and a Mediation Group, to over- the rebel-controlled north. The main responsi- see the peace process; both bodies were co- bility for peacekeeping rested with the Licorne chaired by the UN Special Representative in Côte (French forces), whose deployment was endorsed d’Ivoire. The Security Council endorsed those by the Security Council in resolution 1464(2003) decisions in October. [ibid., p. 168]. Those efforts were supported by the In early December, the AU Chairperson, Pres- United Nations Operation in Côte d’Ivoire, es- ident Olusegun Obasanjo of Nigeria, the tablished by the Council in resolution 1528(2004) Chairperson of ECOWAS, President Mamadou [YUN 2004, p. 173] to, among other things, monitor Tandja of Niger, and the AU Mediator, President the May 2003 ceasefire and movements of armed Mbeki, brokered the appointment of Charles groups, assist in the disarmament, demobiliza- Konan Banny, the Governor of the Central Bank tion, reintegration and repatriation and resettle- for West African States, as the new Prime Minis- ment of ex-combatants and support humanitar- ter. ian assistance and implementation of the peace process. The Mission was headed by the Special In the latter months of 2005, a number of se- Representative of the Secretary-General. In June, nior UN officials visited Côte d’Ivoire, including the Council authorized an increase in UNOCI’s the Chairman of the UN Sanctions Committee military strength by 850 troops, bringing the Mis- on Côte d’Ivoire, who warned leaders that sanc- sion’s military strength to just over 7,090. It also tions would be imposed against anyone obstruct- raised the number of UN police officers to 725. ing the peace process. Despite setbacks in the Ivorian peace process in 2005, optimism re- During the year, the ceasefire monitored by mained that Côte d’Ivoire’s new road map, drawn UNOCI and the French Licorne forces continued up by the International Working Group, would to hold, with no major violations of the UN- move the country out of the current impasse of imposed arms embargo. However, the target no-war-no-peace and result in the disarmament dates by which combatants were to be disarmed, of combatants, dismantlement of militias, resto- demobilized and reintegrated into society were ration of State authority throughout the country, not met, nor was the 30 October deadline for the and, ultimately, to the holding of national elec- holding of presidential elections. In an effort to tions by October 2006. break the political stalemate, the Ivorian parties, at a meeting convened in April by the AU Media- tor, South African President Thabo Mbeki, Political and security developments signed the Pretoria Agreement, which addressed Communications. On 10 January [S/2005/29], a number of contentious issues on elections and the AU Peace and Security Council, in a commu- disarmament. Under the accord, the two sides niqué issued at its twenty-third meeting (Libre- agreed not to veto the presidential candidates put ville, Gabon), endorsed the plan [YUN 2004, p. 189] forward by the signatories of the 2003 Linas- submitted by the AU Mediator, South African Marcoussis Agreement. It also allowed both for- President Thabo Mbeki, to help Côte d’Ivoire mer rebel and Government forces to withdraw emerge from the crisis (the December 2004 road heavy weapons from the frontline on each side of map), which called for the adoption of all the the Zone of Confidence. However, in June, the texts emanating from the Linas-Marcoussis Forces nouvelles announced that it would not dis- Agreement, the implementation of the disarma- arm until pro-Government militias laid down ment, demobilization and reintegration programme, their weapons, thus delaying the peace process. the effective functioning of the Government of By September, it had become clear that elec- National Reconciliation, and the establishment tions could not be held by the end of October as throughout the national territory of a climate scheduled. Combatants had not disarmed; the conducive to the restoration of peace and security registration of voters had been delayed; and the in the country. It renewed President Mbeki’s country was still divided. As the deadline ap- mandate and urged the Ivorian parties to co- proached, new disagreements emerged over the operate with him and honour the commitments work and composition of the Independent Elec- made within the framework of the December toral Commission. With a missed electoral dead- 2004 road map.

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On 13 January [S/2005/28], Côte d’Ivoire trans- ernment since the November 2004 crisis [ibid., mitted to the UN Security Council President a p. 185] indicated, in discussions with the AU media- progress report “Moving the peace process for- tion team, UNOCI and the Licorne forces, its wish ward: an update on the implementation of the to be allowed to bring their own close protection December 2004 road map”, outlining action it units to Abidjan. The effective functioning of the had taken in respect of the legislative pro- Government was also affected by a lack of clarity gramme, the disarmament, demobilization and regarding the delegation of powers from the reinsertion programme, efforts to create a cli- President to the Prime Minister and other minis- mate conducive to free political activity, the func- ters. The absence of civil servants remained a tioning of the Government of National Reconcil- major contributing factor to the continued deteri- iation and the restoration of social services and oration in the humanitarian situation, particu- redeployment of Government administration in larly in the north. Meanwhile, UNOCI continued the whole territory. to support efforts for the redeployment of State In another letter of the same date [S/2005/27], administration, which needed some $506 million Côte d’Ivoire informed the Council President to facilitate the return of civil servants and other that it did not want France to initiate the Coun- Government personnel to their respective areas cil’s resolutions and declarations concerning of responsibility. Côte d’Ivoire, given the bias of the French force On 18 January, the Forces nouvelles and FANCI (Operation Licorne) in destroying all of the resumed cooperation with the National Commis- country’s military aircraft and bombarding its sion for Disarmament, Demobilization and Rein- presidential palaces in November 2004 [YUN 2004, tegration, which reported that an estimated p. 186]. It also wanted the French forces to be inte- 10,000 militia members still remained active in grated into UNOCI. Côte d’Ivoire, and their growing numbers contin- In separate letters of 26 January [S/2005/55, ued to be a major cause of concern. However, the A/59/693] addressed to the Council and the Gen- Forces nouvelles efforts to formalize the national eral Assembly, Côte d’Ivoire expressed concern disarmament, demobilization and reintegration over the tone of the opposition press. The prior- plan, which included the restructuring of FANCI, ity should be to foster a return to dialogue, allay were derailed when it was attacked by militias at tensions and avoid the spread of false informa- its checkpoint at Logoualé on 28 February. tion. Report of Secretary-General. The Secretary- Concerning the holding of elections, Prime General, in his fourth progress report on UNOCI Minister Seydou Diarra had sought to reactivate [S/2005/186], highlighted major developments in the national identification exercise in an effort to the peace process at the beginning of the year. He move the election preparations forward. The In- said that much of the focus was on the efforts of dependent Electoral Commission, on 8 February, President Thabo Mbeki, who led an AU media- adopted its programme of work, but the G-7 tion initiative, in January, in close cooperation group of opposition political parties rejected the with the United Nations and ECOWAS. Several legislation revising the Commission’s structure rounds of consultations took place in Côte and composition as not being in conformity with d’Ivoire and Pretoria, South Africa, with the the Linas-Marcoussis Agreement. The law estab- Ivorian parties, including President Laurent lishing the Commission was challenged in court, Gbagbo, Prime Minister Seydou Diarra, the as a result of which its main activities had to be Secretary-General of the Forces nouvelles, suspended. On 18 February, several political Guillaume Soro, senior Government officials parties expressed their wish that the United and opposition party leaders, focusing on how to Nations organize the Ivorian elections. The advance the plan of action (see above) agreed Secretary-General, while expressing concern upon by the Ivorian parties during President over the protracted delays in the organization Mbeki’s visit to Côte d’Ivoire in December 2004 and preparation of the presidential and legisla- [YUN 2004, p. 187]. Other interrelated issues dealt tive elections, stated that the request for an en- with the enactment of legislative reforms envis- hanced UN role in the electoral process had to be aged in the Linas-Marcoussis Agreement and en- agreed upon to by all Ivorian parties. suring the effective functioning of the Govern- The security situation remained tense, with a ment of National Reconciliation. marked increase in criminality, especially in In other developments, the Government ex- Abidjan and the Zone of Confidence. In the light tended until 11 June the ban on street marches of the volatile security situation, the Secretary- and demonstrations in Abidjan, instituted in De- General recommended that UNOCI’s mandate be cember 2004 [ibid., p. 190]. The Forces nouvelles, extended for a period of 12 months, until 4 April whose ministers had not participated in the Gov- 2006.

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Security Council consideration. The Security showed considerable sympathy for the point of Council was briefed on 28 March [meeting 5152] on view of Forces nouvelles, the former rebels and the situation in Côte d’Ivoire by the Deputy Spe- opposition parties, while that of the legitimate cial Representative, Alan Doss (United Kingdom), authorities was systematically called into ques- who stated that the December 2004 road map re- tion. That risked giving comfort to the former re- mained largely unachieved. The Government of bels in their intention to change the country’s in- National Reconciliation remained bereft of Forces stitutions by violence and encourage other nouvelles ministers and the military dialogue had rebellions in the subregion. been interrupted, delaying the disarmament, demobilization and reintegration process. SECURITY COUNCIL ACTION In February, the Forces nouvelles reorganized On 4 April [meeting 5159], the Security Council the areas under their control, creating five new unanimously adopted resolution 1594(2005). territorial entities under the command of new The draft [S/2005/221] was prepared in consulta- warlords. At the same time, its Secretary- tions among Council members. General, Guillaume Soro, announced the open- The Security Council, ing of a new police and customs academy, as well Recalling its resolutions 1528(2004) of 27 February as a new bank in Bouaké, actions that, even 2004, 1572(2004) of 15 November 2004 and 1584(2005) though they did not indicate an immediate inten- of 1 February 2005, as well as the relevant statements tion to secede, revealed that they saw the crisis as by its President, in particular those of 6 November and one of long duration. In the absence of judicial 16 December 2004, Reaffirming its strong commitment to the sovereignty, authority in the Zone of Confidence, UNOCI pro- independence, territorial integrity and unity of Côte posed that the national authorities take excep- d’Ivoire, and recalling the importance of the princi- tional measures to fill the gap, including the ples of good-neighbourliness, non-interference and nomination of temporary administrators and the regional cooperation, reactivation of the joint brigade composed of im- Recalling that it endorsed the agreement signed by partial forces, national forces and Forces the Ivorian political forces at Linas-Marcoussis, nouvelles to patrol and combat rising crime in the France, on 23 January 2003 (the Linas-Marcoussis Zone. Forces nouvelles had yet to accept the pro- Agreement) and approved by the Conference of Heads of State on Côte d’Ivoire, held in Paris on 25 and 26 posal because of suspicion that the central power January 2003, and the agreement signed at Accra on 30 would seek to establish itself in the Zone through July 2004 (the Accra III Agreement), that mechanism. UNOCI, supported by the Welcoming the efforts of the Secretary-General, the Licorne forces, remained vigilant in the Zone, African Union and the Economic Community of West amid rising tensions. African States towards re-establishing peace and sta- On behalf of the AU Mediation Mission in Côte bility in Côte d’Ivoire, and reaffirming in this regard its full support to the ongoing facilitation mission un- d’Ivoire, the South African Deputy Foreign Min- dertaken by the President of the Republic of South ister, Aziz Pahad, said that, to resolve the out- Africa, Mr. Thabo Mbeki, on behalf of the African standing challenges with regard to the imple- Union, mentation of the road map and to ensure lasting Taking note of the report of the Secretary-General peace in Côte d’Ivoire, a meeting between Pres- of 18 March 2005, ident Mbeki and the country’s principal political Determining that the situation in Côte d’Ivoire con- leaders was planned for 3 April in South Africa tinues to pose a threat to international peace and secu- rity in the region, (see p. 232). The AU mediation would report to Acting under Chapter VII of the Charter of the the UN Security Council about the outcome. United Nations, Meanwhile, an AU mediation legal team visited 1. Decides that the mandate of the United Nations Côte d’Ivoire and had extensive interactions with Operation in Côte d’Ivoire and of the French forces the parties to determine the compliance of supporting it shall be extended for a period of one adopted legislation with the Linas-Marcoussis month, until 4 May 2005; Agreement. The team confirmed that significant 2. Calls upon all Ivorian parties immediately and progress had been made in that regard, although actively to pursue a just and lasting solution to the cur- rent crisis, particularly through the African Union me- there were differences among the parties on the diation led by President Thabo Mbeki; appropriate legislative texts, mainly related to the 3. Decides to remain actively seized of the matter. interpretation of the Linas-Marcoussis Agree- ment, rather than a reluctance to implement it. Appointments. On 25 February [S/2005/133], There were areas where the Agreement was not the Secretary-General informed the Security in line with international practice. The findings Council of his intention to appoint Mr. Pierre were largely received by the parties. Schori (Sweden) as his Special Representative The representative of Côte d’Ivoire com- and Head of UNOCI. On 2 March [S/2005/134], the plained that the Secretary-General’s report Council took note of his intention.

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The Pretoria Agreement Council should accept the eligibility of the candi- The AU mediation mission, led by South Afri- dates who might be presented by the political can President and Mediator, Thabo Mbeki, con- parties that were signatories to the Linas- vened a meeting in Pretoria, South Africa from Marcoussis Agreement and requested President 3 to 6 April to discuss the December 2004 road Gbagbo, under the powers granted to him by arti- map with President Laurent Gbagbo; Prime Min- cle 48 of the Constitution to give legal force to ister Seydou Diarra; Henri Konan Bédié, Pres- that determination. ident of the Democratic Party of Côte d’Ivoire; Alassane Ouattara, President of the Rally of Re- SECURITY COUNCIL ACTION publicans; and Guillaume Soro, Secretary- On 4 May [meeting 5173], the Security Council General of the Forces nouvelles. The meeting unanimously adopted resolution 1600(2005). resulted in the signing, on 6 April, of the Pretoria The draft [S/2005/282] was prepared in consulta- Agreement on the Peace Process in Côte d’Ivoire. tions among Council members. The text of the Agreement, together with the Me- The Security Council, diator’s letter of determination on article 35 of Recalling its resolutions 1528(2004) of 27 February the Constitution of Côte d’Ivoire addressed to 2004, 1572(2004) of 15 November 2004, 1584(2005) of the Ivorian leaders, were transmitted to the Secu- 1 February 2005 and 1594(2005) of 4 April 2005, as rity Council President by South Africa on 25 well as the relevant statements by its President, in par- ticular those of 6 November and 16 December 2004, April [S/2005/270]. Reaffirming its strong commitment to the sovereignty, In the Agreement, the parties declared the im- independence, territorial integrity and unity of Côte mediate and final cessation of hostilities and the d’Ivoire, and recalling the importance of the princi- end of the war throughout the national territory; ples of good-neighbourliness, non-interference and agreed to proceed with the disarmament and dis- regional cooperation, mantling of militia throughout the country; that Recalling that it endorsed the agreement signed by the Chiefs of Staff of FANCI and of the Armed the Ivorian political forces at Linas-Marcoussis, Forces of the Forces nouvelles ensure the imple- France, on 23 January 2003 (the Linas-Marcoussis Agreement) and approved by the Conference of Heads mentation of the National Disarmament, Demo- of State on Côte d’Ivoire, held in Paris on 25 and 26 bilization and Reintegration Plan and make rec- January 2003, and the agreement signed at Accra on 30 ommendations for the formation of one army; July 2004 (the Accra III Agreement), adopted a number of interim measures to guar- Welcoming the efforts of the Secretary-General, the antee the security of people and assets as soon as African Union and the Economic Community of West the cantonment of the Forces nouvelles in the African States towards re-establishing peace and sta- North commenced; accepted the plan proposed bility in Côte d’Ivoire, and reaffirming in this regard its full support to the ongoing facilitation mission un- by the AU mediation ensuring the security for the dertaken by the President of the Republic of South Af- Forces nouvelles Ministers in the Government of rica, Mr. Thabo Mbeki, on behalf of the African National Reconciliation, including the return of Union, the Forces nouvelles to the Government; reaf- Determining that the situation in Côte d’Ivoire con- firmed the authority of the Prime Minister; tinues to pose a threat to international peace and secu- agreed on amendments in the composition, or- rity in the region, ganization and functioning of the Independent Acting under Chapter VII of the Charter of the United Nations, Electoral Commission; and mandated the Media- 1. Welcomes the signing by the Ivorian parties at tor to request UN assistance in organizing the Pretoria on 6 April 2005 of the agreement on the peace elections. They also agreed to restore the status process in Côte d’Ivoire (the Pretoria Agreement), of the Ivorian Radio and Television (RTI) to that under the auspices of the President of South Africa, enjoyed prior to 24 December 2004, covering the Mr. Thabo Mbeki, commends President Mbeki for the whole country; and to finalize by 31 April, texts essential role he has played, on behalf of the African for the amendment of laws that were not in con- Union, to restore peace and stability in Côte d’Ivoire, and reaffirms its full support for his mediation efforts; formity with the Linas-Marcoussis Agreement. 2. Calls on all parties to implement fully the Preto- Agreement was also reached on the financing of ria Agreement and reminds them that they have de- political parties and national reconciliation. Con- cided in the Agreement to refer to the mediator, Pres- cerning the eligibility of the Presidency in the ident Thabo Mbeki, any differences which may arise in upcoming elections, the Mediator undertook to the interpretation of any part of the Agreement; make a determination on the matter (see below). 3. Welcomes further the decision taken by President The Mediator, in his 25 April letter to the Thabo Mbeki with regard to eligibility for the Presi- dency of the Republic, as described in his letter dated Ivorian parties with respect to the revision of arti- 11 April 2005 to Mr. Laurent Gbagbo, President of the cle 35 of the Constitution relating to the eligibil- Republic of Côte d’Ivoire, and takes note with satisfac- ity of the Presidency, determined that, for the tion of the announcement made by President Gbagbo 2005 presidential elections, the Constitutional on 26 April 2005 that all candidates nominated by the

YUN05—4th proofs Dec. 24 2007 Africa 233 political parties signatory to the Linas-Marcoussis 1296(2000) of 19 April 2000 on the protection of civil- Agreement would be eligible for the Presidency; ians in armed conflict, 4. Urges all the Ivorian parties to take all necessary Expressing grave concern at the allegations of miscon- steps to ensure that the forthcoming general elections duct of some peacekeeping troops deployed in African are free, fair and transparent; countries, including sexual exploitation, affirming 5. Decides that the mandate of the United Nations that these troops should comply with their code of con- Operation in Côte d’Ivoire and of the French forces duct, and reaffirming that there will be a zero toler- supporting it shall be extended for a period of one ance policy of any misconduct or sexual exploitation in month, until 4 June 2005; all peacekeeping troops, 6. Decides also to remain actively seized of the mat- Having taken note of the report of the Secretary- ter. General of 18 March 2005, Having taken note also of the letter dated 23 May 2005 On 23 May [S/2005/340], President Mbeki, in his from the Permanent Representative of South Africa to capacity as the Mediator for the peace process in the United Nations addressed to the President of the Côte d’Ivoire, expressed the hope that the Coun- Security Council, cil would agree on the appointment of a compe- Expressing its concern at the continued deterioration of the security and humanitarian situation, in particu- tent authority to oversee the upcoming elections lar in the west of the country, and that the United Nations would assist the Determining that the situation in Côte d’Ivoire con- Ivorian people in its organization. tinues to pose a threat to international peace and secu- On 3 June [meeting 5194], the Security Council rity in the region, unanimously adopted resolution 1603(2005). Acting under Chapter VII of the Charter of the The draft [S/2005/359] was prepared in consulta- United Nations, tions among Council members. 1. Endorses the Pretoria Agreement, and demands that all the signatories to the Agreement and all the The Security Council, Ivorian parties concerned implement it fully and with- Recalling its previous resolutions and the statements out delay; by its President relating to the situation in Côte 2. Stresses, in this regard, that non-respect, by the d’Ivoire, signatories to the Pretoria Agreement, or by any other Reaffirming its strong commitment to the sovereignty, Ivorian party concerned, of any of the commitments independence, territorial integrity and unity of Côte made in Pretoria in the presence of the President of d’Ivoire, and recalling the importance of the princi- South Africa, Mr. Thabo Mbeki, would endanger the ples of good-neighbourliness, non-interference and peace process in Côte d’Ivoire and would constitute regional cooperation, an obstacle to the implementation of the Linas- Recalling that it endorsed the agreement signed by Marcoussis Agreement and the Accra III Agreement, the Ivorian political forces at Linas-Marcoussis, and therefore reaffirms its readiness to implement France, on 23 January 2003 (the Linas-Marcoussis paragraphs 9 and 11 of its resolution 1572(2004) of 15 Agreement) and approved by the Conference of Heads November 2004 if the parties fail to meet their com- of State on Côte d’Ivoire, held in Paris on 25 and 26 mitments under the Linas-Marcoussis and Pretoria January 2003, and the agreement signed at Accra on 30 Agreements; July 2004 (the Accra III Agreement), 3. Commends President Thabo Mbeki for the essen- Welcoming the efforts of the Secretary-General, the tial role he has played, on behalf of the African Union, African Union and the Economic Community of West to restore peace and stability in Côte d’Ivoire, reaf- African States towards re-establishing peace and sta- firms its full support for his mediation efforts, re- bility in Côte d’Ivoire, minds the signatories to the Pretoria Agreement that, Welcoming in particular the mediation efforts under- in the event of differences in the interpretation of all taken by Mr. Thabo Mbeki, President of the Republic or part of the Agreement, they should seek a ruling of South Africa, on behalf of the African Union, and from President Mbeki, and encourages the Secretary- reaffirming its full support for him, General, President Mbeki and the African Union to Welcoming the signing by the Ivorian parties at Pre- continue to collaborate closely in the implementation toria on 6 April 2005 of the agreement on the peace of the Agreement; process in Côte d’Ivoire (the Pretoria Agreement), 4. Takes note with satisfaction of the provisions of the under the auspices of President Thabo Mbeki, and ex- Pretoria Agreement reaffirming the determination of pressing its satisfaction with the first steps which have the signatories to the Agreement regarding the need to been undertaken by the Ivorian parties in order to im- organize presidential elections in October 2005 and plement the Agreement, in particular with the agree- legislative elections following immediately thereafter, ment on the disarmament, demobilization and reinte- as well as their agreement to invite the United Nations gration process reached on 14 May 2005 and the to participate in the work of the Independent Electoral restoration of the status of the Ivorian Radio and Tele- Commission and the Constitutional Council and in the vision to that which it enjoyed before 24 December organization of the general elections, and of the deci- 2004, sion by the Council of Ministers on 28 April 2005 to Reaffirming its resolution 1325(2000) of 31 October hold the first round of the presidential elections on 30 2000 on women and peace and security, its resolutions October 2005; 1379(2001) of 20 November 2001 and 1460(2003) of 30 5. Welcomes the decision taken by President Thabo January 2003 on children and armed conflict, as well Mbeki with regard to eligibility for the Presidency of as its resolutions 1265(1999) of 17September 1999 and the Republic, as described in his letter dated 11 April

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2005 to Mr. Laurent Gbagbo, President of the Repub- can start without delay, reaffirms in this regard para- lic of Côte d’Ivoire, and takes note with satisfaction of graphs 9 and 11 of its resolution 1572(2004), reaffirms the announcement made by President Gbagbo on 26 also paragraph 8 of its resolution 1584(2005) of 1 Feb- April 2005 that all candidates nominated by the politi- ruary 2005 regarding the establishment of a compre- cal parties signatory to the Linas-Marcoussis Agree- hensive list of armaments in their possession, and de- ment would be eligible for the presidential elections; mands the immediate disarmament and dismantling 6. Demands that all the Ivorian parties take all nec- of militias throughout the national territory; essary steps to ensure that the forthcoming general 11. Decides that the mandate of the United Nations elections are free, fair and transparent; Operation in Côte d’Ivoire and of the French forces 7. Requests the Secretary-General, on the basis of supporting it shall be extended until 24 June 2005, the Pretoria Agreement, to designate, as an excep- with a view to renewing it, in this specific instance, for tional arrangement, after consultations with the a period of seven months; African Union and President Thabo Mbeki, a High 12. Authorizes the Secretary-General to begin the Representative for the elections in Côte d’Ivoire, au- necessary planning and preparations, including troop tonomous from the United Nations Operation in Côte and police generation as well as required support and d’Ivoire, to assist in particular in the work of the Inde- other arrangements, to facilitate a timely deployment pendent Electoral Commission and the Constitutional in the event that the Council decides to increase the Council, without prejudice to the responsibilities of authorized strength of troops and police for the the Special Representative of the Secretary-General United Nations Operation in Côte d’Ivoire and to ad- for Côte d’Ivoire and with the following mandate: just its mandate; (a) To verify, on behalf of the international com- 13 . Underlines the importance of mainstreaming munity, that all stages of the electoral process, includ- the gender perspective in peacekeeping operations ing the establishment of a register of voters and the and post-conflict peacebuilding and of appropriate ex- issuance of voters’ cards, provide all the necessary pertise in this regard, and encourages the United guarantees for the holding of open, free, fair and Nations Operation in Côte d’Ivoire to actively address transparent presidential and legislative elections within this issue; the time limits laid down in the Constitution of the Re- public of Côte d’Ivoire; 14 . Urges donors and international financial insti- tutions to provide the necessary support to the imple- (b) To provide, in close cooperation with the United mentation of the Pretoria Agreement, in particular the Nations Operation in Côte d’Ivoire and the mediation, disarmament, demobilization and reintegration pro- all necessary advice and guidance to the Constitutional gramme and the electoral process, through the expedi- Council, the Independent Electoral Commission and tious allocation of financial resources; other relevant agencies or institutions to help them to prevent and resolve any difficulty which may jeopar- 15. Calls upon all parties to cooperate fully in the dize the holding of open, free, fair and transparent deployment and operations of the United Nations Op- elections within the time limits laid down in the Con- eration in Côte d’Ivoire, in particular by guaranteeing stitution, with the authority to make necessary deter- the safety, security and freedom of movement of minations in this regard; United Nations personnel as well as associated person- (c) To report immediately to the Security Council nel throughout the territory of Côte d’Ivoire; through the Secretary-General, and to inform the me- 16. Welcomes the efforts undertaken by the United diator of the African Union, President Thabo Mbeki, Nations Operation in Côte d’Ivoire to implement the of any difficulty which may jeopardize the holding of Secretary-General’s zero tolerance policy on sexual ex- open, free, fair and transparent elections, and to sub- ploitation and to ensure full compliance of its person- mit to them, as appropriate, such recommendations as nel with the United Nations code of conduct, requests he may see fit to make; the Secretary-General to continue to take all necessary (d) To keep the Council, through the Secretary- action in this regard and to keep the Council in- General, and President Thabo Mbeki regularly in- formed, and urges troop-contributing countries to formed of all aspects of his mandate; take appropriate preventive action, including conduct- (e) To request and receive information and techni- ing predeployment awareness training, and to take dis- cal advice from the United Nations Operation in Côte ciplinary action and other action to ensure full ac- d’Ivoire as well as from other sources; countability in cases of such conduct involving their 8. Decides that the mandate of the High Represen- personnel; tative as referred to in paragraph 7 above will end after 17. Requests the Secretary-General to continue to the forthcoming general elections in Côte d’Ivoire; keep the Council regularly informed of the develop- 9. Calls upon the donor community to provide all ments in the situation in Côte d’Ivoire, the implemen- the necessary financial resources to the High Repre- tation of the mandate of the United Nations Operation sentative to support the full implementation of his mis- in Côte d’Ivoire and of the Linas-Marcoussis and Pre- sion; toria Agreements, and to report to it in this regard 10. Takes note of the agreement on the disarma- every three months; ment, demobilization and reintegration process and on 18. Requests France to continue to report to the the restructuring of the armed forces signed at Council periodically on all aspects of its mandate in Yamoussoukro on 14 May 2005 by the chiefs of staff of Côte d’Ivoire; the National Armed Forces of Côte d’Ivoire and the 19 . Invites the African Union to keep the Council armed forces of the Forces nouvelles, demands that the regularly informed of the implementation of the pro- parties implement fully this agreement so that the dis- visions of the Pretoria Agreement and to make recom- armament, demobilization and reintegration process mendations to the Council as it deems necessary;

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20. Expresses its full support to the Special Represen- President Mbeki on the need to revise other key tative of the Secretary-General for Côte d’Ivoire; pieces of legislation, including the nationality 21. Decides to remain actively seized of the matter. code and the laws on identification and land ten- ure. On 19 July, the Secretary-General informed On 14May, the chiefs of staff of FANCI and the the Council of his intention to appoint Ambassa- Forces nouvelles agreed on the timing and mo- dor António Monteiro (Portugal) to the post of dalities of the national disarmament, demobili- High Representative for the elections in Côte zation and reintegration programme, which was d’Ivoire, which the Council noted on 22 July to take place from 27 June to 10 August, and that [S/2005/486, S/2005/487]. a special commission should develop a plan for restructuring the armed forces by 26 September. Implementation of the Pretoria Agreement The cost of the programme was estimated at Report of Secretary-General. In his fifth re- $150 million. However, on 18 May, the Forces port on UNOCI [S/2005/398 & Add.1], issued in June, nouvelles indicated that they would not disarm, the Secretary-General stated that the momentum until a number of conditions had been met, in- gained in the peace process following the signing cluding the disarmament and dismantling of mi- of the Pretoria Agreement had slowed as only litias and the adoption by the National Assembly limited progress was made towards its implemen- of the amended law on the composition of the In- tation. As a result of the Agreement, FANCI and dependent Electoral Commission, the national- the Forces nouvelles, meeting in Bouaké from 14 ity code and the law on identification. It also in- to 16 April, issued a communiqué indicating that sisted on adequate security guarantees during a seminar would be held in Yamoussoukro on the the process and that the requisite funding be se- national disarmament, demobilization and rein- cured before the start of the process. As to the dis- tegration programme and the restructuring of armament and dismantling of the militias, while the armed forces. Following a meeting (Daoukro, a symbolic handover of weapons by four of the 19April) of the Quadripartite Commission (com- main pro-Government militias operating in the prising FANCI, the Forces nouvelles, UNOCI and west took place in Guiglo on 25 May, under the the Licorne forces), FANCI and the Forces supervision of the chief of staff of FANCI, several nouvelles withdrew their heavy weapons from the of the militia members expressed a reluctance to boundaries of the Zone of Confidence between disarm in the absence of adequate guarantees for 21 and 24 April to agreed locations. their future. UNOCI was assisting the Prime Min- As follow-up to the resolution of the question ister in developing a disarmament plan and was of eligibility for the presidential elections, Pres- developing a training programme for the 600 ident Gbagbo consulted with national stake- Forces nouvelles members who would provide se- holders on the issue, and on 26 April declared curity in the north as soon as the cantonment of that all candidates nominated by the political their forces began. On 28 April, President parties would be allowed to participate in the Gbagbo restored Ivorian Radio and Television to elections. He also announced, under the same its original status and reinstated its board of di- special powers granted to him by the Pretoria rectors. Agreement, that the production of voters’ lists In connection with the elections, an electoral and registration cards would be the sole responsi- review mission, led by the Electoral Assistance bility of the National Institute of Statistics, a de- Division of the Department of Political Affairs, cision that was strongly criticized by the opposi- was deployed to Côte d’Ivoire from 20 May to tion parties, who objected to such use of those 3 June to assess and review election preparations powers as being outside those granted to him by and make recommendations on further UN the Agreement. On 20 May, Alassane Ouattara, support. The mission found that the prepara- President of the Rally of Republicans, and Henri tions for the elections had been subjected to de- Konan Bédié, President of the Democratic Party lays and, unless the current slow pace of imple- of Côte d’Ivoire, requested President Mbeki to mentation was significantly increased, it would make an additional determination on the issue. not be possible to meet the scheduled date of 30 Some progress was made in the revision of laws October. Moreover, the Independent Electoral that were not in conformity with the Linas- Commission did not enjoy the full support of all Marcoussis Agreement, such as the law concern- political actors, as the revised law on its composi- ing the Independent Electoral Commission and tion had yet to be adopted. The situation was fur- the funding of political parties, but there were ther compounded by the ambiguity surrounding still divergent views within the Council of Minis- the respective roles and responsibilities of the ters as to whether those laws should be amended. National Institute of Statistics and the Commis- Prime Minister Diarra sought confirmation from sion. As a result, preparing a budget for the elec-

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toral process was not possible and donors were re- The draft [S/2005/405] was prepared in consulta- luctant to provide funds. On 18 April, in Paris, tions among Council members. four opposition parties—the Rally of Republi- The Security Council, cans, the Democratic Party of Côte d’Ivoire, the Recalling its previous resolutions and the statements Movement of Forces of the Future and the Union by its President relating to the situation in Côte for Democracy and Peace in Côte d’Ivoire—created d’Ivoire, a common electoral platform known as the “Rally Recalling also its resolution 1561(2004) of 17Septem- of Houphouëtistes for Democracy and Peace”. ber 2004 on the situation in Liberia and its resolution The continuing violence in the western part of 1562(2004) of 17September 2004 on the situation in Si- Côte d’Ivoire remained a major cause for con- erra Leone, cern. Between 30 April and 2 May,25 people were Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Côte killed and 41 injured in Duékoué, Yrozon, Blody d’Ivoire, and recalling the importance of the princi- and Tao Zeo, and more than 9,000 were dis- ples of good-neighbourliness, non-interference and placed. On 31 May, traditional hunters attacked regional cooperation, the villages of Guetrozon and Petit Duékoué, kill- Recalling that it endorsed the agreement signed ing some 41 people and injuring 61 others. It ap- by the Ivorian political forces at Linas-Marcoussis, peared that FANCI soldiers in Guetrozon did little France, on 23 January 2003 (the Linas-Marcoussis to stop the initial attacks. On 1 June, UNOCI per- Agreement) and approved by the Conference of Heads of State on Côte d’Ivoire, held in Paris on 25 and 26 sonnel helped the Ivorian Defence and Security January 2003, the agreement signed at Accra on 30 Forces stabilize the situation. UNOCI reinforced July 2004 (the Accra III Agreement) and the agree- its presence in and around Duékoué in support ment signed at Pretoria on 6 April 2005 (the Pretoria of those forces. Toaddress the critical situation in Agreement), the west, the Special Representative met with the Having taken note of the report of the Secretary- Government to discuss ways to strengthen secu- General of 17 June 2005 and of his report of 2 March rity in and around Duékoué, and on 8 June, he 2005 on inter-mission cooperation and possible cross- called on the Ivorian authorities to investigate the border operations between the United Nations Mis- sion in Sierra Leone, the United Nations Mission in Duékoué attacks. Liberia and the United Nations Operation in Côte The Secretary-General observed that the d’Ivoire, maintenance of security nationwide was essential Expressing its serious concern at the continued deterio- for the implementation of the Pretoria Agree- ration of the security and humanitarian situation, in ment to proceed smoothly. The recent killings in particular after the tragic events that occurred in the the Duékoué area underscored the need to rein- west of the country, force UNOCI urgently to prevent any further de- Determining that the situation in Côte d’Ivoire con- terioration of the situation in the west. He there- tinues to pose a threat to international peace and secu- rity in the region, fore requested the Council to authorize the Acting under Chapter VII of the Charter of the deployment of an additional 2,076 troops and United Nations, three formed police units comprising 375 offi- 1. Decides that the mandate of the United Nations cers. The Secretary-General hoped that the addi- Operation in Côte d’Ivoire and of the French forces tional troops would be redeployed throughout supporting it shall be extended, in this specific in- the country to provide support for the elections. stance, for a period of seven months, until 24 January He urged donor countries to give urgent consid- 2006; eration to the provision of the needed resources, 2. Also decides that the United Nations Operation in in particular technical and financial assistance Côte d’Ivoire shall have the following mandate from the date of adoption of the present resolution: for the disarmament, demobilization and reinte- gration and electoral processes and also for the Monitoring of the cessation of hostilities restoration of State authority. The United and movements of armed groups Nations would continue to work closely with the (a) To observe and monitor the implementation of the joint declaration of the end of the war of 6 April AU, ECOWAS and other key partners in support of 2005 and of the comprehensive ceasefire agreement of the implementation of the key provisions of the 3 May 2003, to prevent, within its capabilities and its Pretoria Agreement. areas of deployment, any hostile action, in particular In a later addendum [S/2005/398/Add.1], the within the Zone of Confidence, and to investigate vio- Secretary-General reported that the financial im- lations of the ceasefire; plications of the additional personnel for nine (b) To liaise with the National Armed Forces of months would amount to $86.1 million. Côte d’Ivoire and the military elements of the Forces nouvelles in order to promote, in coordination with the French forces, the re-establishment of trust among SECURITY COUNCIL ACTION all the Ivorian forces involved; On 24 June [meeting 5213], the Security Council (c) To assist the Government of National Reconcili- unanimously adopted resolution 1609(2005). ation in monitoring the borders, with particular atten-

YUN05—4th proofs Dec. 24 2007 Africa 237 tion to the situation of Liberian refugees and to any (n) To collect, as appropriate, arms and any related cross-border movement of combatants; materiel brought into Côte d’Ivoire in violation of the measures imposed by paragraph 7 of resolution 1572 Disarmament, demobilization, (2004), and to dispose of such arms and related ma- reintegration, repatriation and resettlement teriel as appropriate; (d) To assist the Government of National Reconcili- ation in undertaking the regrouping of all the Ivorian Support for humanitarian assistance forces involved and to assist in ensuring the security of (o) To facilitate the free flow of people, goods and their disarmament, cantonment and demobilization humanitarian assistance, inter alia, by helping to es- sites; tablish the necessary security conditions and taking (e) To support the Government of National Recon- into account the special needs of vulnerable groups, ciliation in the implementation of the national pro- especially women, children and elderly people; gramme for the disarmament, demobilization and re- Support for the redeployment of State administration integration of combatants, paying special attention to (p) To facilitate, with the assistance of the African the specific needs of women and children; Union, the Economic Community of West African (f) To coordinate closely with the United Nations States and other international partners, the re- missions in Sierra Leone and in Liberia in the imple- establishment by the Government of National Recon- mentation of a voluntary repatriation and resettlement ciliation of the authority of the State throughout Côte programme for foreign ex-combatants, paying special d’Ivoire, which is essential for the social and economic attention to the specific needs of women and children, recovery of the country; in support of the efforts of the Government of Na- tional Reconciliation and in cooperation with the Gov- Support for the organization of ernments concerned, relevant international financial open, free, fair and transparent elections institutions, international development organizations (q) To provide all necessary technical assistance to and donor nations; the Government of National Reconciliation, the Inde- (g) To ensure that the programmes mentioned in pendent Electoral Commission and other relevant subparagraphs (e) and (f) above take into account the agencies or institutions, with the support of the Afri- need for a coordinated regional approach; can Union, the Economic Community of West African (h) To secure, neutralize or destroy any weapons, States and other international partners, for the organi- ammunition or any other materiel surrendered by the zation of open, free, fair and transparent presidential former combatants; and legislative elections within the time frames envis- aged in the Constitution of the Republic of Côte Disarmament and dismantling of militias d’Ivoire; (i) To assist the Prime Minister of the Government (r) To provide technical information, advice and as- of National Reconciliation in formulating and moni- sistance, as appropriate, to the High Representative re- toring the implementation of the Joint Operation Plan ferred to in paragraph 7 of resolution 1603(2005) of for the disarmament and dismantling of militias envis- 3 June 2005; aged in paragraph 4 of the Pretoria Agreement; (s) To contribute, within its capabilities and its areas (j) To secure, neutralize or destroy all weapons, am- of deployment, to the security of the areas where vot- munition and other materiel surrendered by militias; ing is to take place; Protection of United Nations personnel, Assistance in the field of human rights institutions and civilians (t) To contribute to the promotion and protection of (k) To protect United Nations personnel, installa- human rights in Côte d’Ivoire, with special attention to tions and equipment, ensure the security and freedom violence committed against children and women, to of movement of United Nations personnel and, with- monitor and help to investigate human rights viola- out prejudice to the responsibility of the Government tions with a view to ending impunity, and to keep the of National Reconciliation, to protect civilians under Security Council Committee established pursuant to imminent threat of physical violence, within its capa- resolution 1572(2004) regularly informed of develop- bilities and its areas of deployment; ments in this regard; (l) To support, in coordination with the Ivorian and South African authorities, the provision of secu- Public information rity for members of the Government of National Rec- (u) To promote understanding of the peace process onciliation; and the role of the United Nations Operation in Côte d’Ivoire among local communities and the parties, Monitoring of the arms embargo through the mission’s public information capacity, in- (m) To monitor the implementation of the meas- cluding its radio broadcasting capability; ures imposed by paragraph 7 of resolution 1572(2004) (v) To monitor the Ivorian mass media, in particu- of 15 November 2004, in cooperation with the Group lar with regard to any incidents of incitement by the of Experts established pursuant to resolution 1584 media to hatred, intolerance and violence, and to keep (2005) of 1 February 2005 and, as appropriate, with the Security Council Committee established pursuant the United Nations Mission in Liberia, the United to resolution 1572(2004) regularly informed of the sit- Nations Mission in Sierra Leone and Governments uation in this regard; concerned, including by inspecting, as they deem it necessary and without notice, the cargo of aircraft and Law and order of any transport vehicle using the ports, airports, air- (w) To assist the Government of National Reconcili- fields, military bases and border crossings of Côte ation, in conjunction with the African Union, the Eco- d’Ivoire; nomic Community of West African States and other

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international organizations, in restoring a civilian po- (c) Any such transfer shall not result in any increase licing presence throughout Côte d’Ivoire, to advise the in the total combined ceilings on military and civilian Government of National Reconciliation on the restruc- personnel deployed in the United Nations Operation turing of the internal security services, and to assist the in Côte d’Ivoire, the United Nations Mission in Sierra Ivorian parties in the implementation of temporary Leone and the United Nations Mission in Liberia de- and interim security measures in the northern part of termined by the Council in the respective mandates of the country, as provided for in paragraph 6 of the Pre- the three missions; toria Agreement; (d) Any such transfer shall not have the effect of ex- (x) To assist the Government of National Reconcili- tending the deployment period of personnel deployed ation, in conjunction with the African Union, the Eco- under the mandate of their original mission, unless nomic Community of West African States and other the Council decides otherwise; international organizations, in re-establishing the au- 7. Decides to review the troop level of the United thority of the judiciary and the rule of law throughout Nations Operation in Côte d’Ivoire by 31 December Côte d’Ivoire; 2005, including the civilian police component, in the 3. Authorizes, for the period specified in para- light of the situation in Côte d’Ivoire after the forth- graph 1 above, an increase in the military component coming general elections and on the basis of the tasks of the United Nations Operation in Côte d’Ivoire of up remaining to be carried out, with a view to further re- to 850 additional personnel, as well as an increase in duction as appropriate; the civilian police component of up to a ceiling of 725 8. Authorizes the United Nations Operation in Côte civilian police personnel, including three formed po- d’Ivoire to use all necessary means to carry out its lice units, and the necessary additional civilian person- mandate, within its capabilities and its areas of deploy- nel; ment; 4. Authorizes the Secretary-General to take all the 9. Requests the United Nations Operation in Côte necessary steps in order to implement, as appropriate, d’Ivoire to carry out its mandate in close liaison with relevant measures envisaged in paragraphs 19 to 23 the United Nations missions in Sierra Leone and in Li- and 76 (b) to (e) of his report of 2 March 2005 on inter- beria, including, especially, in the prevention of move- mission cooperation and possible cross-border opera- ments of arms and combatants across shared borders tions between the United Nations Mission in Sierra Le- and the implementation of disarmament and demobi- one, the United Nations Mission in Liberia and the lization programmes; United Nations Operation in Côte d’Ivoire, subject to the agreement of the troop-contributing countries 10. Underlines the importance of mainstreaming and, where relevant, of the Governments concerned the gender perspective in peacekeeping operations and without prejudice to the performance of the man- and post-conflict peacebuilding and of appropriate ex- dates of those United Nations missions; pertise in this regard, and encourages the United Nations Operation in Côte d’Ivoire to actively address 5. Requests the Secretary-General to seek the agree- this issue; ment of the countries contributing military and civilian police personnel to the United Nations Mis- 11. Welcomes the efforts undertaken by the United sion in Liberia, the United Nations Mission in Sierra Nations Operation in Côte d’Ivoire to implement the Leone and the United Nations Operation in Côte Secretary-General’s zero tolerance policy on sexual ex- d’Ivoire to redeploy such personnel as may be needed ploitation and abuse and to ensure full compliance of on a temporary basis to reinforce another of the above its personnel with the United Nations code of conduct, three missions, as appropriate, taking account of the requests the Secretary-General to continue to take all need to ensure effective performance of the current necessary action in this regard and to keep the Council mandates of those missions; informed, and urges troop-contributing countries to 6. Authorizes, subject to the necessary prior steps re- take appropriate preventive action, including conduct- ferred to in paragraphs 4 and 5 above, including the ing predeployment awareness training, and to take dis- agreement of the troop-contributing countries and, ciplinary action and other action to ensure that such where relevant, the Governments concerned, the tem- acts are properly investigated and punished in cases in- porary redeployment of military and civilian police volving their personnel; personnel among the United Nations Mission in Libe- 12. Authorizes, from the date of adoption of the ria, the United Nations Mission in Sierra Leone and present resolution, the French forces to use all neces- the United Nations Operation in Côte d’Ivoire to deal sary means in order to support the United Nations Op- with challenges which cannot be handled within the eration in Côte d’Ivoire in accordance with the agree- authorized personnel ceiling of a given mission, sub- ment reached between the United Nations Operation ject to the following conditions: in Côte d’Ivoire and the French authorities, and in par- (a) The Secretary-General shall inform the Security ticular: Council in advance of his intention to proceed with (a) To contribute to the general security of the area such a redeployment, including its scope and duration, of activity of the international forces; with the understanding that the implementation of the (b) To intervene at the request of the United above-mentioned reinforcement will require a corre- Nations Operation in Côte d’Ivoire in support of its el- sponding decision of the Council; ements whose security may be threatened; (b) Any forces redeployed shall continue to be (c) In consultation with the United Nations Opera- counted against the authorized ceiling on military and tion in Côte d’Ivoire, to intervene against belligerent civilian personnel of the mission from which they are actions, if security conditions so require, outside the being transferred and shall not count against the ceil- areas of deployment of the United Nations Operation ing of the mission to which they are being transferred; in Côte d’Ivoire;

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(d) To help to protect civilians in the deployment ditional measures that might be required to expe- areas of their units; dite the process. (e) To contribute to monitoring the arms embargo Regarding the disarmament, demobilization established by resolution 1572(2004), in accordance and reintegration of ex-combatants, the parties with paragraphs 2 and 3 of resolution 1584(2005); agreed that the chiefs of staff of FANCI and the 13 . Decides to remain actively seized of the matter. Forces nouvelles would meet on 7 July to finalize a disarmament, demobilization and reintegra- Tripartite Monitoring Group tion timetable. The parties also called on the Na- The Tripartite Monitoring Group, set up to re- tional Assembly to adopt by 15 July, amendments view progress in the implementation of the Accra to laws on the Independent Electoral Commis- III Agreement, signed by the parties in 2004 sion, the financing of political parties, national- [YUN 2004, p. 182], which provided a framework ity, identification, the Human Rights Commission, and timetable for the reactivation of the peace the print media and audio-visual communica- process, issued six reports in 2005 covering the tion. Failing to do so, the Mediator would be periods from 18 December 2004 to 28 February authorized to decide on “exceptional measures”, 2005 [S/2005/82, S/2005/175], 1 March to 30 June which President Gbagbo would take to ensure the [S/2005/395, S/2005/463], and 1 July to 31 August adoption of the amendments. The parties also [S/2005/539, S/2005/611]. As of June, the Group’s agreed that the AU should impose sanctions work was extended to reviewing implementation against those who failed to implement the Preto- of the Pretoria Agreement. ria Agreement and blocked the peace process. In Monitoring Group report (July). On 15 July that regard, the Mediator would recommend that [S/2005/463], the Secretary-General forwarded to the Security Council impose the targeted sanc- the Security Council the fifteenth report of the tions envisaged in resolution 1572(2004) [YUN, Tripartite Monitoring Group on the implemen- 2004, p. 172]. tation of the Accra III Agreement and the Preto- ria Agreement. According to the report, al- SECURITY COUNCIL ACTION though the Pretoria Agreement emphasized the On 6 July [meeting 5221], following consultations critical importance of adopting the laws stem- among Security Council members, the President ming from the Linas-Marcoussis Agreement, the made statement S/PRST/2005/28 on behalf of disarmament process leading to the reunification the Council: of the country, and the creation of conditions The Security Council has taken note with interest conducive to the holding of elections in October, of the Declaration on the implementation of the Pre- the outbreak of pockets of inter-communal vio- toria Agreement on the peace process in Côte lence and political bickering had brought the d’Ivoire signed on 29 June 2005 at Pretoria under peace process to a standstill. Aside from the invo- the auspices of the African Union mediator, Pres- cation by President Gbagbo of the exceptional ident Thabo Mbeki. powers under Article 48 of the Constitution to The Council welcomes the efforts undertaken by authorize the candidacy of Alassane Ouattara, the African Union mediation so that the forthcom- ing elections in Côte d’Ivoire are credible and are and the signing of decrees restoring the Ivorian held as planned, and reiterates its full support to Radio and Television to its pre-November 2004 the African Union mediator. status, no further progress was recorded in the The Council recalls that it has endorsed the Preto- implementation of the legislative components of ria Agreement signed on 6 April 2005. the Agreement. The Council demands that all the signatories to Meanwhile, President Mbeki convened an- this Agreement and all the Ivorian parties concerned other meeting of the signatories to the Pretoria implement fully and without delay all the commit- Agreement on 28 and 29 June in order to take ments made with the African Union mediation and comply scrupulously with the timetable agreed on 29 stock of the progress in the implementation of June 2005 in Pretoria. the Agreement. After intensive discussions, the The Council affirms that it stands ready, in close parties issued a “Declaration on the Implementa- consultation with the African Union mediation, to tion of the Pretoria Agreement on the peace pro- implement individual sanctions provided for in cess in Côte d’Ivoire”. In the Declaration, in addi- paragraphs 9 and 11of resolution 1572(2004) against tion to reaffirming the importance of moving those who do not comply with those commitments or speedily towards the holding of elections in Octo- who constitute an obstacle to their full implementa- ber, the parties agreed that the dismantling and tion. disarmament of militias should be completed by 20 August, and that the Troika, comprising Further developments UNOCI, the Office of the Ivorian Prime Minister Visit of High Representative to Côte d’ Ivoire. and the AU mediation, would determine any ad- The High Representative for the elections in

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Côte d’Ivoire, António Monteiro, in response to the creation of conditions conducive to elections. Security Council resolution 1603(2005), visited It called on them to honour their obligations and Côte d’Ivoire from 8 to 18 August. In his report, expressed its readiness to continue to cooperate transmitted by the Secretary-General on 12 Sep- with the United Nations on the best ways to tember [S/2005/584], the High Representative said support and advance the peace process. that, in his meetings with a wide spectrum of ac- Report of Secretary-General. The Secretary- tors, diplomatic representatives and interna- General, in his September report [S/2005/604] on tional organizations, two principal issues were of UNOCI, submitted in response to resolution concern to him—the conformity of the legislative 1603(2005), said that, since the signing of the package adopted by President Gbagbo with the Declaration on the Implementation of the Preto- relevant agreements, and the urgency of appoint- ria Agreement, some progress was made in carry- ing a reconstituted Independent Electoral Com- ing out the legislative reforms envisaged in the mission. During the discussions, the G-7 opposi- Linas-Marcoussis and Pretoria Agreements. On tion parties conveyed their dissatisfaction with 10 July, realizing that the National Assembly certain aspects of the legislative package but would not pass the amended laws on time, due to made a clear commitment to designate their rep- continued resistance from the majority party, the resentatives on the reconstituted Independent Ivorian Popular Front, President Mbeki formally Electoral Commission. The Forces nouvelles, on requested President Gbagbo to use his excep- 18 August, following internal consultations, indi- tional powers under article 48 of the Ivorian Con- cated to the High Representative their firm com- stitution to ensure the adoption of the amended mitment to nominate their representative to the laws within the time frame stipulated by the Dec- Commission. laration. On 15 July, in response to that request, In his meeting with President Mbeki, the High the President signed a series of decrees promul- Representative discussed concerns expressed by gating revised versions of the laws on the Inde- the parties that the legislative package did not pendent Electoral Commission, nationality,iden- fully respect the Linas-Marcoussis and Pretoria tification, the Human Rights Commission, and Agreements and those grey areas requiring clari- the print media and audio-visual communica- fication. They arrived at an agreement on those tions. issues about which they would write President The Forces nouvelles and the members of the Gbagbo. On the question of funding the electoral G-7 opposition parties expressed strong reserva- process, the High Representative drew attention tions on several of the revised texts, claiming that to the $31 million still needed in the electoral they still did not conform to the spirit of the budget, the result of institutional uncertainty Linas-Marcoussis Agreement. In the light of and donor reticence because of the apparent lack those concerns, President Gbagbo, on 29 August, of a genuine political commitment to push the promulgated new versions of the law on the Elec- peace process forward. He urged the Security toral Commission, the nationality code and Council to approach major donors for the neces- the naturalization law, bringing them into con- sary funding. formity with the Linas-Marcoussis Agreement. The High Representative stated that he had However, controversy over the political process been advised by technical experts that the feas- continued. On 1 September, in response to a ibility of holding elections by 30 October seemed statement by the South African Deputy Foreign increasingly problematic and that it would be Minister, Aziz Pahad, blaming the opposition preferable to leave the debate on that question forces for blocking the peace process, the Forces until after the establishment of the Independent nouvelles declared that they would no longer Electoral Commission, by which time a decision work with the AU mediation, as it was biased to- could be taken on a new date. In the meantime, wards President Gbagbo, and called on the AU the Commission’s main task would be to draft Chairman, Nigerian President, Olusegun Obasanjo, and promote acceptance by all parties of an elec- to determine how best to move the peace process toral code of conduct. forward. On 30 October, the Forces nouvelles Communiqué of AU Peace and Security Coun- Secretary-General stated that President Gbagbo cil. The AU Peace and Security Council, in a com- would no longer be President and called on all muniqué issued at its eighth meeting (New York, concerned to work together to put in place a tran- 14 September) [S/2005/598], expressed concern sitional government. over the lack of political will by the Ivorian par- Meanwhile, efforts continued towards the re- ties to fully implement the various agreements habilitation of the disarmament sites. At a meet- reached, especially concerning the dismantling ing held in Yamoussoukro (7-9 July), the chiefs of and disarming of militias, the disarmament, de- staff of FANCI and the Forces nouvelles agreed on mobilization and rehabilitation programme and a timetable for starting the pre-cantonment of

YUN05—4th proofs Dec. 24 2007 Africa 241 forces on 31July and the actual disarmament and International partners were urged to remain demobilization of combatants between 26 Sep- engaged and support the peace process, humani- tember and 3 October. They also agreed on link- tarian needs and long-term development. ing implementation of the various phases of the Decision of AU Peace and Security Council disarmament, demobilization and reintegration (October). The AU Peace and Security Council, of forces to other key provisions of the Pretoria meeting in Addis Ababa, Ethiopia, at the level of Agreement and to establish a joint committee for Heads of State and Government, in a communi- the restructuring of the defence and security qué issued on 6 October [S/2005/639], endorsed forces. According to the Office of the Prime Min- the observations of the ECOWAS Extraordinary ister, as at 26 August, five of the nine disarma- Summit (Abuja, Nigeria, 30 September) on the ment sites in the north and five of the six sites in end of the mandate of President Laurent Gbagbo the south had already been rehabilitated. Some on 30 October, and the impossibility, recognized 2,000 militia members in the west were expected by all Ivorian parties, of organizing presidential to be integrated into the programme. elections on the scheduled date; and its decision The security situation in Côte d’Ivoire re- that the arrangements agreed upon in the Linas- mained unpredictable and volatile. Following the Marcoussis Agreement should continue from 31 attacks, in early June, on the villages of Gue- October 2005 to 31 October 2006, during which trozon and Petit Duékoué in the west of the President Gbagbo would continue as Head of country, UNOCI strengthened its presence in the State. A new Prime Minister, acceptable by all area and conducted joint patrols with FANCI. Ivorian parties, would be appointed and the UNOCI’s efforts to maintain a secure and stable Government would continue to discharge its re- environment were severely hampered by in- sponsibilities. The Prime Minister would not be creased obstruction of the Mission’s movements eligible to stand for election. To assist the Gov- and operations in various parts of the country. ernment, a ministerial International Working Tensions were exacerbated by inflammatory Group (IWG) would be established to evaluate, statements made by the former FANCI chief of monitor and follow up the peace process, includ- staff, calling for the departure of President ing the road map agreed upon in Pretoria, and Gbagbo and threatening to resort to “all neces- the parties invited to a Forum for National Dia- sary means” if the international community logue in Yamoussoukro. It also decided to submit failed to ensure his departure. The Special Rep- its decision to the UN Security Council and to resentative protested those obstructions to Pres- dispatch a high-level delegation to Côte d’Ivoire, ident Gbagbo, who, in a nationwide address, comprising the Presidents of Nigeria and South called on all Ivorians to allow the impartial forces Africa to meet with President Gbagbo and other to move freely throughout the country. Ivorian parties. Concerning the elections, on 25 August, the Security Council consideration. The Security Forces nouvelles declared that the elections could Council, meeting on 13 October [meeting 5278] to not be held on 30 October since the necessary discuss the situation in Côte d’Ivoire, was briefed conditions, including the identification of all by Nigeria’s Minister for Foreign Affairs, Ivorians, had not been met and that a political Oluyemi Adeniji, AU Commissioner Said Djinnit, transition would be required. It reaffirmed its the Secretary-General’s Special Representative willingness to designate its representatives to the for Côte d’Ivoire, Pierre Schori, and the High Independent Electoral Commission, subject to Representative for elections in Côte d’Ivoire, certain conditions, including participation in the António Monteiro. Commission’s local organs and the exclusion of As requested by the AU Peace and Security the National Institute of Statistics from the elec- Council, Foreign Minister Oluyemi Adeniji sub- toral process. On 29 August, in Abidjan, the pol- mitted its 6 October decision (above) to the UN itical opposition also declared that it would not Security Council, drawing particular attention to be possible to hold the elections on 30 October, the request that the Council consider a substan- while stressing the need for a transitional period, tial increase in UNOCI strength. during which President Gbagbo would not be in The AU Commissioner, in his briefing, said power. that the AU Peace and Security Council, in adopt- Under the current circumstances, the Secre- ing its 6 October decision, aimed to inject new tary-General agreed that the elections could not impetus into the peace process. He observed that be held on 30 October as required by the Ivorian the Ivorian parties and the international com- Constitution, and urged that the parties agree on munity needed to take full advantage of the 12- a new time frame for that process. He urged all month period decided by the Peace and Security Ivorian parties to exercise the utmost restraint Council to address all outstanding issues. The in- and to cooperate fully with all key stakeholders. ternational community, together with the UN Se-

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curity Council, needed to convey a strong signal Monteiro, during its meeting held on 13 October to the parties as to their determination and cohe- 2005. sion. The United Nations should strengthen its The Security Council appreciates the efforts of role and presence, both in terms of providing the African Union, in particular President Thabo Mbeki of the Republic of South Africa and President UNOCI with the means to discharge its mandate Olusegun Obasanjo of the Federal Republic of effectively and reinforcing the authority of the Nigeria, Chairman of the African Union, the Eco- High Representative for elections. The parties nomic Community of West African States, the lead- had to comply with their commitments and obli- ers of the region, the Special Representative of the gations and the international community had to Secretary-General and the High Representative for exert more pressure and sanctions against the the elections to promote peace and stability in Côte defaulting parties. d’Ivoire, and reiterates its full support for those efforts. The Secretary-General’s Special Representa- The Security Council endorses the decision of the tive urged the Council to endorse the 6 October Peace and Security Council of the African Union on AU decision to send a strong message of the unity the situation in Côte d’Ivoire adopted at its 40th of purpose of the international community and meeting, held at the level of Heads of State and Gov- encourage the urgent convening of IWG to define ernment in Addis Ababa on 6 October 2005, a new timetable, with key benchmarks, for the expresses its intention to take rapidly all necessary measures to support, as appropriate, its implementa- implementation of the remaining provisions of tion, in order to organize free, fair, open, transpar- the Pretoria Agreement. The Prime Minister and ent and credible elections as soon as possible and no the Government should be in place as soon as later than 31October 2006, and looks forward to reg- possible and recommendations made on the role ular reports on its implementation in accordance of the legislature after December. Presidents with paragraph 10 (v), of the decision of the Peace Obasanjo and Mbeki should be supported in and Security Council. their visit to Côte d’Ivoire, and the UN role The Security Council takes note, in particular, of should be clarified. the request of the Peace and Security Council for an increase in the strength of the United Nations Oper- Reporting on the election process, the High ation in Côte d’Ivoire, without prejudice to any fu- Representative for the elections in Côte d’Ivoire ture decision or commitment of the Security Council said that, with the composition of the Indepen- in this regard. The Council expresses its intention to dent Electoral Commission finalized, additional consider whether to provide additional resources to time was needed to allow for the application of the United Nations Operation in Côte d’Ivoire, based on careful study of conditions in the country all legal formalities and to resolve the issue of and evidence of meaningful progress towards imple- multiple nominations by one party. On 29 Sep- mentation of the commitments made under the tember, President Gbagbo signed a decree estab- Linas-Marcoussis Agreement and other relevant lishing the new Independent Electoral Commis- agreements. sion, the first meeting of which was scheduled to The Security Council reaffirms that it endorsed be held on 19 October. The High Representative the Linas-Marcoussis Agreement, the Accra III said that the Commission’s most difficult tasks Agreement and the Pretoria Agreement and de- would be the identification question and the cri- mands that all the Ivorian parties signatories to those Agreements, as well as all the Ivorian parties con- teria for voter eligibility. He was exploring with cerned, implement fully and without delay their political leaders the idea of voters’ cards, with commitments under those Agreements, in accord- photograph and fingerprint. The High Repre- ance with the decision of the Peace and Security sentative concluded that the 12-month period Council. proposed by the AU was largely sufficient for the The Security Council welcomes the forthcoming preparation and holding of free and fair elec- visit of a high-level delegation to Côte d’Ivoire led tions. by Presidents Obasanjo and Mbeki, expresses its full support for it and urges all the Ivorian parties to cooperate fully and in good faith with this delega- SECURITY COUNCIL ACTION tion, in particular in order to ensure the rapid imple- On 14 October [meeting 5281], following consul- mentation of the decision of the Peace and Security tations among Security Council members, the Council and the early appointment of a Prime Minis- President made statement S/PRST/2005/49 on ter acceptable to all parties and to guarantee, with behalf of the Council: the support of the United Nations, the organization of free, fair, open, transparent and credible elec- The Security Council heard briefings by the Min- tions. ister for Foreign Affairs of Nigeria, Mr. Oluyemi The Security Council also expresses its full Adeniji, the Commissioner for Peace and Security of support for the forthcoming visit to the region of the the African Union, Mr. Said Djinnit, the Special Chairman of the Security Council Committee estab- Representative of the Secretary-General for Côte lished pursuant to resolution 1572(2004) and under- d’Ivoire, Mr. Pierre Schori, and the High Represen- lines that the purpose of this visit is to assess the tative for the elections in Côte d’Ivoire, Mr. António progress made by all parties towards the implemen-

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tation of their commitments, bearing in mind the States and the leaders of the region to promote peace mandate of the Committee under paragraphs 9 and and stability in Côte d’Ivoire, and reiterates its full 11 of resolution 1572(2004), and to remind all Ivorian support for them; parties of their responsibilities for the full and rapid 2. Commends also the constant efforts of the Special implementation of the peace process. Representative of the Secretary-General for Côte d’Ivoire, Mr. Pierre Schori, and of the High Represen- On 21 October [meeting 5288], the Council unan- tative for the elections in Côte d’Ivoire, Mr. António imously adopted resolution 1633(2005). The Monteiro, and reiterates its full support for them, in- draft [S/2005/661] was prepared in consultations cluding for the arbitration and certification role of the among Council members. High Representative for the elections; 3. Reaffirms its endorsement of the observation of The Security Council, the Economic Community of West African States and Recalling its previous resolutions and the statements of the Peace and Security Council of the African by its President relating to the situation in Côte Union on the end of the mandate of President Laurent d’Ivoire, Gbagbo on 30 October 2005 and the impossibility of Reaffirming its strong commitment to the sovereignty, organizing presidential elections on the scheduled independence, territorial integrity and unity of Côte date, and of the decision of the Peace and Security d’Ivoire, and recalling the importance of the princi- Council, including its decision on the fact that Pres- ples of good-neighbourliness, non-interference and ident Gbagbo shall remain Head of State from 31Octo- regional cooperation, ber 2005 for a period not exceeding twelve months, Recalling that it endorsed the agreement signed and demands that all the parties signatories to the by the Ivorian political forces at Linas-Marcoussis, Linas-Marcoussis Agreement, the Accra III Agree- France, on 23 January 2003 (“the Linas-Marcoussis ment and the Pretoria Agreement as well as all the Agreement”) and approved by the Conference of Ivorian parties concerned implement it fully and with- Heads of State on Côte d’Ivoire, held in Paris on 25 out delay; and 26 January 2003, the agreement signed at Accra on 4. Supports the establishment of the International 30 July 2004 (“the Accra III Agreement”) and the Working Group at the ministerial level and the Media- agreement signed at Pretoria on 6 April 2005 (“the Pre- tion Group, which should both be co-chaired by the toria Agreement”), Special Representative of the Secretary-General, urges Reaffirming that the Linas-Marcoussis, Accra III and the International Working Group to meet as soon as Pretoria Agreements remain the appropriate frame- possible, and affirms that the secretariat of the Inter- work for the peaceful and lasting solution to the crisis national Working Group shall be coordinated by the in Côte d’Ivoire, United Nations, in accordance with paragraph 10 (vi) Having taken note of the decision of the Peace and of the decision of the Peace and Security Council; Security Council of the African Union adopted at its 5. Urges the Chairman of the African Union, the fortieth meeting, held at the level of Heads of State Chairman of the Economic Community of West Afri- and Government in Addis Ababa on 6 October 2005 can States and the African Union Mediator to consult (“the decision of the Peace and Security Council”), immediately with all the Ivorian parties in order to en- Having taken note also of the creation of an Interna- sure that a new Prime Minister acceptable to all the tional Working Group at the ministerial level (“the Ivorian parties signatories to the Linas-Marcoussis International Working Group”) and of a day-to-day Agreement is appointed by 31October 2005, in accord- mediation undertaken by representatives of the Inter- ance with paragraph 10 (ii) of the decision of the Peace national Working Group (“the Mediation Group”), and Security Council, and to maintain close contact Having heard on 13 October 2005 briefings by the with the Secretary-General throughout the process; Minister for Foreign Affairs of Nigeria and the Com- 6. Expresses its full support for paragraph 10 (iii) of missioner for Peace and Security of the African Union the decision of the Peace and Security Council, which on behalf of the African Union, the Special Represen- stresses that the ministers shall be accountable to the tative of the Secretary-General for Côte d’Ivoire and Prime Minister, who shall have full authority over his the High Representative for the elections in Côte or her Cabinet; d’Ivoire, 7. Reiterates the importance of having all ministers Expressing its serious concern at the persistence of participate fully in the Government of National Rec- the crisis and the deterioration of the situation in Côte onciliation as underscored in the statement by its Pres- d’Ivoire, ident of 25 May 2004, considers, therefore, that, when Reiterating its firm condemnation of all violations of a minister is not participating fully in the Government, human rights in Côte d’Ivoire, his or her portfolio should be assumed by the Prime Determining that the situation in Côte d’Ivoire con- Minister and requests the International Working tinues to pose a threat to international peace and secu- Group to monitor closely the situation in this regard; rity in the region, 8. Stresses that the Prime Minister must have all the Acting under Chapter VII of the Charter of the necessary powers according to the Linas-Marcoussis United Nations, Agreement and all the governmental financial, mate- 1. Commends the continued efforts of the African rial and human resources, particularly with regard to Union, in particular President Olusegun Obasanjo of security, defence and electoral matters, to ensure the the Federal Republic of Nigeria, Chairman of the effective functioning of the Government, to guarantee African Union, and President Thabo Mbeki of the security and the redeployment of the administration Republic of South Africa, Mediator of the African and public services throughout the territory of Côte Union, the Economic Community of West African d’Ivoire, to lead the programme of disarmament, de-

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mobilization and reintegration and the operations of 16. Demands that all Ivorian parties stop all incite- disarmament and dismantling of militias, and to en- ment to hatred and violence in radio and television sure the fairness of the identification process and of broadcasting as well as in any other media; voter registration, leading to the organization of free, 17. Demands also the immediate disarmament and open, fair and transparent elections, with the support dismantling of militias throughout the national terri- of the United Nations; tory; 9. Calls upon all Ivorian parties to ensure that the 18. Recalls paragraphs 5 and 7 of the decision of the Prime Minister has all powers and resources described Peace and Security Council, and demands that all in paragraph 8 above and faces no hindrance or diffi- Ivorian parties refrain from any use of force and vio- culty in implementing his or her tasks; lence, including against civilians and foreigners, and 10. Requests the International Working Group, on from all kinds of disruptive street protests; the basis of paragraphs 10 (iii) and (v) of the decision 19 . Urges countries neighbouring Côte d’Ivoire to of the Peace and Security Council, to verify that the prevent any cross-border movement of combatants or Prime Minister has all the necessary powers and re- arms into Côte d’Ivoire; sources described in paragraph 8 above and immedi- 20. Reiterates its serious concern at all violations of ately to report to the Security Council any hindrance human rights and international humanitarian law in or difficulty which the Prime Minister may face in im- Côte d’Ivoire, and urges the Ivorian authorities to in- plementing his or her tasks and to identify those re- vestigate those violations without delay in order to put sponsible; an end to impunity; 11. Invites the International Working Group, noting 21. Condemns the serious attacks against the per- that the mandate of the National Assembly will end by sonnel of the United Nations Operation in Côte 16 December 2005, to consult with all the Ivorian par- d’Ivoire and the unacceptable obstacles to the freedom ties, in liaison, as appropriate, with the Forum for Na- of movement of the United Nations Operation in Côte tional Dialogue as referred to in paragraph 11 of the d’Ivoire and French forces, demands that all Ivorian decision of the Peace and Security Council, with a view parties cooperate fully in their operations, in particu- to ensuring that the Ivorian institutions function nor- lar by guaranteeing the safety, security and freedom of mally until the holding of the elections in Côte movement of their personnel, as well as associated per- d’Ivoire, and to keep the Security Council and the sonnel, throughout the territory of Côte d’Ivoire, and Peace and Security Council informed in that regard; affirms that any obstacle to their freedom of move- ment or to the full implementation of their mandates 12. Considers, as noted by the Peace and Security would not be tolerated; Council in paragraph 9 of its decision, that additional measures are required to expedite the implementation 22. Takes note of paragraph 13 of the decision of of some provisions of the Linas-Marcoussis, Accra III the Peace and Security Council, recalls the statement and Pretoria Agreements, in particular the disarma- by its President of 14 October 2005 and its decisions ment, demobilization and reintegration process, the under resolution 1609(2005) of 24 June 2005, includ- dismantling and disarmament of militias and the cre- ing paragraphs 4, 5 and 6 thereof, and expresses its in- ation of conditions for holding free, fair, open and tention to review the troop level of the United Nations transparent elections, including the identification pro- Operation in Côte d’Ivoire by the end of its mandate cess and the registration of voters; on 24 January 2006, in the light of the situation in Côte d’Ivoire; 13 . Requests, therefore, the International Working 23. Recalls paragraph 12 of the decision of the Group to draw up as soon as possible a road map in Peace and Security Council and its support for the in- consultation with all Ivorian parties, with a view to dividual measures provided for in paragraphs 9 and 11 holding free, fair, open and transparent elections as of resolution 1572(2004) of 15 November 2004, and re- soon as possible and no later than 31 October 2006, affirms its readiness to impose those measures against concerning in particular: any person who blocks the implementation of the (a) The appointment of a new Prime Minister as peace process, as defined in particular by the road map provided for in paragraph 5 above; mentioned in paragraph 13 above, who is determined (b) The implementation of all outstanding issues as to be responsible for serious violations of human rights referred to in paragraph 12 above, recalling in this re- and international humanitarian law in Côte d’Ivoire, gard that the concomitant implementation of the iden- who publicly incites hatred and violence, or against tification process and of the cantonment of the forces, any person or entity who is determined to be in viola- as provided for in the national programme for disarm- tion of the arms embargo; ament, demobilization, reintegration and rehabilita- 24. Urges the International Working Group, which tion signed at Yamoussoukro on 14 May 2005, would shall receive regular reports from the Mediation expedite the creation of conditions for holding free, Group, and the Security Council Committee estab- fair, open and transparent elections; lished pursuant to resolution 1572(2004) to evaluate, 14 . Demands that the Forces nouvelles proceed with- monitor and follow up closely the progress made with out delay with the disarmament, demobilization and regard to the issues mentioned in paragraphs 14 to 18 reintegration programme in order to facilitate the res- above; toration of the authority of the State throughout the 25. Decides to remain actively seized of the matter. national territory, the reunification of the country and the organization of the elections as soon as possible; Communications. On 3 November [S/2005/707], 15. Affirms that the identification process must also the Secretary-General informed the Council start without delay; President that, in accordance with resolution

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1603(2005) (see p. 233), his High Representative holding of free, fair, open and transparent elections for the elections in Côte d’Ivoire had significantly no later than 31 October 2006, and to implement contributed to the resolution of some of the key fully the road map established by the International Working Group at its first meeting, held in Abidjan issues pertaining to the organization of the elec- on 8 November 2005. tions and had briefed the Council on 13 October Therefore, the Council expresses its deep concern (see above) on those issues. UNDP had put in at the persistent disagreements among Ivorian par- place a project to receive donor contributions to ties on the appointment of the Prime Minister and support the work of the High Representative and considers that the Prime Minister must be desig- had advanced $600,000 to the project against nated without any further delay. The Council future contributions from donors. Those antici- stresses once again that the Prime Minister must pated contributions had not yet materialized. have all the necessary powers and resources de- The Secretary-General therefore appealed to scribed in paragraph 8 of resolution 1633(2005). Council members, in particular, to take the lead The Council commends the initiatives under- taken by the Chairman of the African Union, the in fulfilling their responsibilities. Chairman of the Economic Community of West Af- rican States and the African Union Mediator, and Implementation of resolution 1633(2005) notes that their consultations with the parties signa- International Working Group meeting (Octo- tories to the Linas-Marcoussis Agreement have been held, as provided for by the decision of the Peace and ber). The International Working Group (IWG), Security Council of the African Union of 6 October created by the AU Peace and Security Council on 2005 and by resolution 1633(2005). It reiterates its 6 October, and supported by the Security Coun- full support for them and urges them to expedite cil in resolution 1633(2005) (see p. 243), to assist their efforts. The Security Council urges them to the Ivorian Government in the implementation identify as soon as possible the candidate for the of- of its programme and consolidate and strengthen fice of Prime Minister that they deem acceptable to existing follow-up mechanisms, held its first all parties signatories to the Linas-Marcoussis Agree- meeting on 8 November in Abidjan. In a commu- ment, given the consultations they have held. niqué issued on the same date, and transmitted The Council expresses its full support for the In- ternational Working Group, endorses its final com- by the Secretary-General on 28 November muniqué of 8 November 2005,welcomes its decision [S/2005/744], the Group, comprising Ministers to hold its second meeting in Abidjan on 6 December from Benin, Ghana, Guinea, the Niger, France, 2005, and urges the Group to keep the Council in- the United Kingdom, the EU and the United formed of the conclusions of its work. States, noted that resolution 1633(2005), which The Council commends also the continuing was binding on all Ivorians, was the primary basis efforts of the Special Representative of the of the process, as it granted the soon-to-be- Secretary-General for Côte d’Ivoire and the High appointed Prime Minister inherent powers and Representative for the elections in Côte d’Ivoire, and reiterates its support for them. In particular, it en- all the necessary resources to fully and effectively courages the Ivorian parties to cooperate fully with carry out his mandate. It identified and agreed the High Representative to resolve the current dis- on the specific duties and authority of the Prime pute concerning the Independent Electoral Com- Minister over the cabinet. Accordingly, the mission and reaffirms that the High Representative, Group prepared a road map for the holding of in accordance with paragraph 7 of resolution elections no later than 31October 2006. The road 1603(2005), can make all the necessary determina- map, which included a timetable for action, cov- tions in order to help the electoral process to move ered issues of governance; the political process; forward. The Council reaffirms its readiness, in close con- disarmament, demobilization and reinsertion of sultation with the African Union Mediation, to im- ex-combatants; disarmament and disbanding of pose individual measures provided for in para- militias; redeployment of administration; identi- graphs 9 and 11 of resolution 1572(2004) and in fication and citizenship; electoral process; resto- resolution 1633(2005). ration of security; respect for human rights; sanc- tions and hindrance to freedom of movement; Report of Secretary-General. The Secretary- media monitoring; and humanitarian action. General, updating the Security Council on devel- opments in Côte d’Ivoire, in a later report on SECURITY COUNCIL ACTION UNOCI [S/2006/2], said that following the adop- On 30 November [meeting 5314], following con- tion of resolution 1633(2005), his Special Repre- sultations among Security Council members, the sentative met with the Ivorian parties to explain President made statement S/PRST/2005/58 on its legal and political implications. The regional behalf of the Council: leaders appointed to facilitate consultations with The Security Council affirms that the rapid ap- the parties on the issue of the appointment of a pointment of a Prime Minister of Côte d’Ivoire is new Prime Minister, as provided under that reso- crucial to relaunch the peace process leading to the lution, were unable to travel to Côte d’Ivoire be-

YUN05—4th proofs Dec. 24 2007 246 Political and security questions fore 31 October. The absence of a new Prime ignate Charles Konan Banny of its full support, Minister, as the mandate of President Gbagbo and invited the AU Mediation Group to verify and came to an end on 30 October, resulted in a situa- report to it as to whether the Prime Minister held tion of uncertainty and heightened tensions in all powers and resources described in para- the country. On that date, President Gbagbo, in graph 8 of Security Council resolution 1633 an address to the nation, stated that he would re- (2005) and reaffirmed in its 30 November presi- main in power in view of the continued occupa- dential statement (see p. 245). Should it become tion of part of the country by the Forces necessary during the transition period to enact nouvelles, based on a ruling made by the Consti- legislation to ensure the expeditious implemen- tutional Council on 29 October. The opposition tation of the Government’s programme, the parties and the Forces nouvelles rejected that in- Council of Ministers would adopt decisions, terpretation and suspended their participation in which the Prime Minister would present within the Council of Ministers. Both the opposition two days to the Head of State for signature within and the ruling party organized rallies in Abidjan a maximum of five days. to underscore their respective positions on the The Group expressed concern over the pro- expiry of the President’s mandate. The Forces tracted delay in the working of the Independent nouvelles also organized demonstrations in Electoral Commission, which had yet to become Bouaké and other areas in the north, demanding operational. It gave its full support to the High that President Gbagbo step down. To help calm Representative on the consultations he had initi- the situation, the Secretary-General issued a ated to allow the Commission to function without statement on 29 October calling on the Ivorian delay as well as, if necessary, to use arbitration parties to exercise restraint, and based on consul- powers with regard to the constitution of the bu- tations with Presidents Mbeki and Obasanjo, ex- reau, in accordance with resolutions 1603(2005) plained that Prime Minister Seydou Diarra and 1633(2005) and the 30 November statement would remain in office until a new Prime of the Council President. It resolved to help over- Minister was appointed. He also appealed to the come any hindrance relating to the application of parties to cooperate with the international the individual sanctions imposed by the Council. partners in implementing resolution 1633(2005). It urged the Ivorian media to abstain from any The regional leaders subsequently held a se- publication, radio or television broadcasting that ries of consultations with the Ivorian parties on undermined the peace and reconciliation process the appointment of a new Prime Minister, in- and encouraged the Prime Minister to take steps cluding a visit by President Obasanjo to Côte to improve the media environment. The Group d’Ivoire on 4 November, during which the par- updated the road map for holding the elections ties submitted a list of 16 candidates for the post, (see p. 245) with a view to organizing the elections which was later reduced to a shortlist of four. by 31 October 2006. Presidents Mbeki, Obasanjo and Mamadou Tandja of the Niger conducted further consulta- SECURITY COUNCIL ACTION tions with the parties in Abidjan on 22 Novem- On 9 December [meeting 5318], following consul- ber, but no agreement was reached on a candi- tations among Security Council members, the date acceptable to all. Presidents Mbeki and President made statement S/PRST/2005/60 on Obasanjo returned to Abidjan on 4 December for behalf of the Council: the final round of consultations, at the end of The Security Council welcomes the appointment which they announced the appointment of Charles of Mr. Charles Konan Banny as Prime Minister of Konan Banny, the Governor of the Central Bank Côte d’Ivoire, and expresses its full support for him. for West African States, as the Prime Minister for It also commends the continued and decisive efforts the transition period. The Forces nouvelles and of Presidents Olusegun Obasanjo, Thabo Mbeki and the ruling party, the Front Populaire Ivoirien, Mamadou Tandja, and reiterates its full support for welcomed his appointment and shortly after, for- them. The Council endorses the final communiqué of mer Prime Minister Seydou Diarra and the Gov- the International Working Group of 6 December ernment of National Reconciliation tendered 2005. It recalls the previous final communiqué of their resignations. Mr. Banny was sworn into the International Working Group, of 8 November office on 7 December. The formation of the new 2005, which states, in particular, that the fundamen- Government, which was announced on 28 De- tal basis of the peace and national reconciliation pro- cember, paved the way for the implementation of cess is enshrined in resolution 1633(2005) and that the peace agreements. the International Working Group will provide all necessary support to the new Prime Minister and the International Working Group meeting (De- Government that he will establish. The Council also cember). At its second meeting held on 6 Decem- reaffirms its support for the decision of the Peace ber [S/2005/768], IWG assured Prime Minister des- and Security Council of the African Union, which

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stresses that the ministers shall be accountable to the At the expert meeting on disarmament, demo- Prime Minister, who shall have full authority over bilization and reintegration, held on 8 Novem- his Cabinet. ber, specific recommendations were made to the The Council recalls and reaffirms that the Prime Mediation Group on the need to update the dis- Minister must have all the necessary powers and resources described in resolution 1633(2005), and armament, demobilization and reintegration stresses the importance of the full implementation of timetable at the monthly IWG meetings; adopt that resolution by the Ivorian parties under the mon- measures for an immediate commencement of itoring of the International Working Group. There- pre-cantonment of combatants and the disarma- fore, the Council urges the establishment without ment and dismantling of the militias as soon as delay of the Government so that the Prime Minister possible, as called for by Security Council resolu- can implement as soon as possible the road map de- tion 1633(2005); create a task force to monitor fined by the International Working Group, and re- and support the process of dismantling and dis- quests the Mediation Group and the International Working Group to monitor this matter closely. armament of the militia groups; and create a dis- The Council reiterates its full support for the Spe- armament, demobilization and reintegration cial Representative of the Secretary-General for Côte team coordinated by UNOCI and comprising rep- d’Ivoire and the High Representative for the elec- resentatives of the AU, ECOWAS, the AU mediation, tions in Côte d’Ivoire. the World Bank and the Licorne forces. The team would serve as a forum for the exchange of Communication. The EU, on 13 December information and would facilitate the develop- [S/2005/829], expressed satisfaction over the nomi- ment of a concerted and integrated approach to nation of Charles Konan Banny to the post of the disarmament, demobilization and reintegra- Prime Minister and considered it necessary that tion process in Côte d’Ivoire. Mr. Banny should be able to effectively exercise The Secretary-General called upon the politi- the powers granted by the Council. cal parties to work with the Prime Minister and Later developments. In a later report [S/2006/2], the High Representative for the elections in re- the Secretary-General said that the High Repre- solving the dispute within the Independent Elec- sentative for the elections was consulted on the toral Commission. He fully supported the IWG outline of an electoral schedule, which would view that, if need be, the High Representative form part of the road map for the overall peace should invoke his arbitration authority to deci- process. On 30 November, he proposed an out- sively settle the matter. line to the AU Mediation Group, which envisaged With regard to the end of the mandate of the that the substantive work on the preparations for National Assembly on 16 December, the Media- the elections would commence by the end of tion Group consulted with the Ivorian parties on December, by which time the reconstituted Inde- the IWG decision concerning the procedure for pendent Electoral Commission was to be fully op- dealing with emergency legislation during the erational. The development of the legal frame- transition period, following calls for the Assem- work for the electoral operations, including the bly’s mandate to be extended. identification and registration of voters and the The Secretary-General stated that the effective distribution of electoral identity cards, would implementation of the road map for the transi- also begin. tion period required that the Ivorian parties fully Meanwhile, the Independent Electoral Com- comply with their obligations under the various mission encountered internal problems, result- peace agreements. ing in serious delays in the envisaged schedule. The reconstituted Commission was sworn into Sanctions office on 17October, but was not able to function The Security Council Committee established as some members boycotted it, protesting the pursuant to resolution 1572(2004) [YUN 2004, p. 187] procedures under which its bureau was elected concerning Côte d’Ivoire, continued to monitor on 19 October. The Front Populaire Ivoirien, the implementation of the arms embargo, travel re- ruling party, took the dispute to the Supreme strictions and freeze of assets on designated indi- Court, which, on 25 November, nullified the viduals and entities imposed by that resolution. election of the Commission’s bureau. The High In 2005, the Committee held 7 formal meetings Representative consulted with the parties and the and 13 informal consultations. During the re- Prime Minister on ways of resolving the dispute. porting period the Committee received several He reported to IWG, which, in its communiqué of notes verbales from Member States period from 6 December (see p. 246), expressed its full 19 January to 9 August [S/AC.45.2005/1-38] on the support for his initiative and affirmed that, if implementation of the sanctions. necessary, he should use his arbitration powers to It considered reports submitted by Member assist in the constitution of the bureau. States, in accordance with their obligations under

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resolution 1572(2004), containing information Welcoming also the decision of the Peace and Security on measures they had taken to implement the res- Council of the African Union on Côte d’Ivoire taken on 10 January 2005 in Libreville, and noting its com- olution [S/AC.45/2005/1-38]. In a report on its activ- muniqué issued on that occasion, ities during 2005 [S/2006/55], the Committee Determining that the situation in Côte d’Ivoire con- Chairman informed that, on 13 June 2005, the tinues to pose a threat to international peace and secu- Committee adopted guidelines for its work, in- rity in the region, cluding procedures for listing and delisting indi- Acting under Chapter VII of the Charter of the viduals and entities subject to the targeted sanc- United Nations, tions. It considered several arms embargo 1. Reaffirms its decision in paragraph 7 of resolu- monitoring reports and media monitoring re- tion 1572(2004) that all States, particularly those bor- ports prepared by UNOCI. The Committee con- dering Côte d’Ivoire, shall take the necessary measures to prevent the direct or indirect supply, sale or transfer sidered the interim and final reports of the to Côte d’Ivoire of arms or any related materiel as well Group of Experts established by the Council as the provision of any assistance, advice or training re- under resolution 1584(2005) to assess compliance lated to military activities; with the sanctions and on 14 December, began 2. Authorizes the United Nations Operation in Côte consideration of the Group’s updated report, in d’Ivoire and the French forces supporting it, within accordance with resolution 1632(2005) (see p. 250). their capacity and without prejudice to their man- The Committee Chairman visited Côte d’Ivoire date set out in resolution 1528(2004) and paragraph 3 from 18 to 21 October to assess progress made by below: (a) To monitor the implementation of the measures all parties towards implementation of their com- imposed by paragraph 7 of resolution 1572(2004), in mitments and submitted his report to the Coun- cooperation with the group of experts referred to in cil (see p. 251). paragraph 7 below, and, as appropriate, with the United Nations Mission in Liberia, the United Nations SECURITY COUNCIL ACTION Mission in Sierra Leone and Governments concerned, On 1 February [meeting 5118], the Security Coun- including by inspecting, as they deem it necessary and, cil unanimously adopted resolution 1584(2005). as appropriate, without notice, the cargo of aircraft and of any transport vehicle using the ports, airports, The draft [S/2005/54] was prepared in consulta- airfields, military bases and border crossings of Côte tions among Council members. d’Ivoire; The Security Council, (b) To collect, as appropriate, arms and any related Recalling its resolutions 1528(2004) of 27 February materiel brought into Côte d’Ivoire in violation of the 2004 and 1572(2004) of 15 November 2004, as well as measures imposed by paragraph 7 of resolution 1572 the relevant statements by its President, in particular (2004), and to dispose of such arms and related ma- those of 5 August, 6 November and 16 December 2004, teriel as appropriate; Reaffirming its strong commitment to the sovereignty, 3. Requests the French forces supporting the United independence, territorial integrity and unity of Côte Nations Operation in Côte d’Ivoire, in addition to d’Ivoire, and recalling the importance of the princi- their mandate set out in resolution 1528(2004), to pro- ples of good-neighbourliness, non-interference and vide, as appropriate, security assistance to the United regional cooperation, Nations Operation in Côte d’Ivoire in carrying out the Recalling that it endorsed the agreement signed by tasks set out in paragraph 2 above; the Ivorian political forces at Linas-Marcoussis, 4. Acknowledges that the appropriate civilian exper- France, on 23 January 2003 (the Linas-Marcoussis tise within the United Nations Operation in Côte Agreement) and approved by the Conference of Heads d’Ivoire is needed to fulfil the tasks set out in para- of State on Côte d’Ivoire, held in Paris on 25 and 26 graph 2 above, to the extent that no additional re- January 2003, and the agreement signed at Accra on 30 sources are required; July 2004 (the Accra III Agreement), 5. Demands that all Ivorian parties, including the Deploring once again the repeated violations of the Government of Côte d’Ivoire and the Forces nouvelles, ceasefire agreement of 3 May 2003, provide unhindered access, particularly to equipment, Strongly recalling the obligations of all Ivorian par- sites and installations referred to in paragraph 2 above, ties, the Government of Côte d’Ivoire as well as the to the United Nations Operation in Côte d’Ivoire and Forces nouvelles, to comply fully with the ceasefire French forces supporting it to enable them to carry out agreement of 3 May 2003, to refrain from any violence, the tasks set out in paragraphs 2 and 3 above; in particular against civilians, including foreign citi- 6. Requests the Secretary-General and the Govern- zens, and to cooperate fully with the activities of the ment of France to report immediately to the Security United Nations Operation in Côte d’Ivoire, Council, through the Security Council Committee es- Welcoming the efforts of the Secretary-General, the tablished pursuant to paragraph 14 of resolution 1572 African Union and the Economic Community of West (2004) (the Committee), any hindrance or difficulty in African States towards re-establishing peace and sta- implementing the tasks described in paragraph 2 (b) bility in Côte d’Ivoire, and reaffirming in this regard above, so that the Council can consider all appropriate its full support to the ongoing facilitation mission un- measures against any individual or group that hinders dertaken by Mr. Thabo Mbeki, President of the Re- the implementation of those tasks; public of South Africa, on behalf of the African 7. Requests the Secretary-General, in consultation Union, with the Committee, to create, as referred to in para-

YUN05—4th proofs Dec. 24 2007 Africa 249 graph 17of resolution 1572(2004), within thirty days of tion in Côte d’Ivoire and, when possible, reviewed by the date of adoption of the present resolution, and for the Group of Experts, about the supply of arms and re- a period of six months, a group of experts consisting lated materiel to Côte d’Ivoire; of no more than three members (the Group of Ex- 10. Requests also the Government of France to com- perts), having the necessary skills to perform the fol- municate as appropriate to the Council, through the lowing mandate: Committee, information gathered by the French forces (a) To examine and analyse information gathered and, when possible, reviewed by the Group of Experts, by the United Nations Operation in Côte d’Ivoire and about the supply of arms and related materiel to Côte the French forces in the context of the monitoring d’Ivoire; mandate set out in paragraph 2 above; 11. Urges all States, relevant United Nations bodies (b) To gather and analyse all relevant information and, as appropriate, other organizations and inter- in Côte d’Ivoire, in countries of the region and, as nec- ested parties, to cooperate fully with the Committee, essary, in other countries, in cooperation with the Gov- the Group of Experts, the United Nations Operation ernments of those countries, on flows of arms and re- in Côte d’Ivoire and the French forces, in particular by lated materiel, and provision of assistance, advice or supplying any information at their disposal on possible training related to military activities, as well as net- violations of the measures imposed by paragraph 7 of works operating in violation of the measures imposed resolution 1572(2004); by paragraph 7 of resolution 1572(2004); 12. Expresses its grave concern at the use of mercena- (c) To consider and recommend, where appropri- ries by both Ivorian parties, and urges both sides im- ate, ways of improving the capabilities of States, in par- mediately to desist from this practice; ticular those in the region, to ensure the effective im- 13 . Recalls its request, set out in paragraph 15 of plementation of the measures imposed by paragraph 7 resolution 1572(2004), to all States, in particular those of resolution 1572(2004); in the region, to report to the Committee on steps they (d) To report to the Council in writing within have taken to implement the measures imposed by ninety days of its establishment, through the Commit- paragraph 7 of resolution 1572(2004); tee, on the implementation of the measures imposed 14 . Expresses its intention to consider the recommen- by paragraph 7 of resolution 1572(2004), with recom- dations of the Secretary-General contained in his re- mendations in this regard; port of 9 December 2004, and the addendum thereto; (e) To keep the Committee regularly updated on its activities; 15. Decides to remain actively seized of the matter. (f) To exchange with the United Nations Operation in Côte d’Ivoire and the French forces, as appropriate, On 29 March [S/2005/211], the Secretary- information that might be of use in fulfilling its moni- General, as requested in resolution 1584(2005) toring mandate set out in paragraph 2 above; (above), informed the Council of his intention to (g) To provide the Committee in its reports with a appoint, in consultation with the Council’s Com- list, with supporting evidence, of those found to have mittee established in accordance with resolution violated the measures imposed by paragraph 7 of reso- 1572(2004) [YUN 2004, p. 187], Gilbert Charles lution 1572(2004), and those found to have supported them in such activities, for possible future measures by Barthe (Switzerland), Atabou Bodian (Senegal) the Council; and Alex Vines (United Kingdom) to the Group (h) To cooperate with other relevant groups of ex- of Experts concerning Côte d’Ivoire. On 3 June perts, in particular the group of experts on Liberia es- [S/2005/368], he informed the Council of the ap- tablished pursuant to resolutions 1521(2003) of 22 De- pointment of Jean-Pierre Witty (Canada) to re- cember 2003 and 1579(2004) of 21 December 2004; place Gilbert Charles Barthe, who was unable to 8. Calls upon the Government of Côte d’Ivoire and take up his appointment. the Forces nouvelles, specifically their armed forces, to cooperate with the United Nations Operation in Côte Report of Group of Experts (July). In accor- d’Ivoire in establishing, within forty-five days of the dance with resolutions 1572(2004) and 1584(2005), date of adoption of the present resolution, a compre- theGroupofExpertsissuedaJulyinterimreport hensive list of armaments in the possession of those [S/2005/470] on the situation in Côte d’Ivoire. The armed forces and in possession of paramilitary troops Panel, which began its mandate on 18 April, vis- and militias associated with them, as well as their loca- ited France and the United Kingdom and held tion, in particular aircraft and their armament of any consultations in New York before visiting Côte kind, missiles, explosive devices, artillery of any cali- bre, including anti-aircraft artillery, and armoured d’Ivoire’s neighbours (Guinea, Mali, Burkina and non-armoured vehicles, in order to help the Faso and Senegal). In May it visited Portugal and United Nations Operation in Côte d’Ivoire to fulfil the Côte d’Ivoire. In Côte d’Ivoire, the Panel liaised tasks set out in paragraph 2 above and to assist in un- closely with political, police and military dertaking the regrouping of all the Ivorian forces in- branches of UNOCI. It also met with the French volved and in implementing the national programme Licorne forces. The Panel visited all the coun- for the disarmament, demobilization and reintegra- try’s airports and took into account the Secretary- tion of combatants in accordance with resolution General report’s [S/2005/135] on inter-mission co- 1528(2004); 9. Requests the Secretary-General to communicate operation. as appropriate to the Council, through the Committee, On 18October [meeting 5283], the Council unani- information gathered by the United Nations Opera- mously adopted resolution 1632(2005). The

YUN05—4th proofs Dec. 24 2007 250 Political and security questions draft [S/2005/653] was prepared in consultations was widespread frustration on the part of Mem- among Council members. ber States at not being able to implement fully resolution 1572(2004) because the Sanctions Com- The Security Council, Recalling its previous resolutions concerning the mittee had failed to provide them with the names situation in Côte d’Ivoire, in particular resolutions of individuals or organizations for an assets 1572(2004) of 15 November 2004, 1584(2005) of 1 Feb- freeze or travel ban. The Group noted that the ruary 2005 and 1609(2005) of 24 June 2005, and the Committee needed to urgently clarify that issue. relevant statements by its President, The Group noted that Côte d’Ivoire defence Welcoming the ongoing efforts of the Secretary- expenditure was high and urged the Council to General, the African Union and the Economic Com- call upon the Government to submit a compre- munity of Western African States towards re-establishing peace and stability in Côte d’Ivoire, hensive breakdown of those expenditures for Recalling the interim report of the Group of Experts 2005 as a matter of urgency. As for Forces created by the Secretary-General pursuant to para- nouvelles, it noted that the natural resources graph 7 of resolution 1584(2005), and anticipating the under its control funded its military activities, es- receipt of its final report, pecially the proceeds from cocoa, cotton and dia- Determining that the situation in Côte d’Ivoire con- monds. The Panel indicated that the fruit termi- tinues to constitute a threat to international peace and nal at the port of Abidjan was a strategic location security in the region, for the unloading of military goods and equip- Acting under Chapter VII of the Charter of the ment and highlighted the need for better decla- United Nations, ration procedures and the strengthening of 1. Decides to extend the mandate of the Group of Experts until 15 December 2005, and requests the UNOCI monitoring capabilities. Meanwhile, the Secretary-General to take the necessary administrative Group noted that, even though the export of dia- measures; monds from Côte d’Ivoire was illegal, there was 2. Requests the Group of Experts to submit to the no credible evaluation of illicit export volumes of Security Council, through the Committee established rough diamonds. UNOCI and the secretariat of pursuant to paragraph 14 of resolution 1572(2004), be- the Kimberley Process (an international arrange- fore 1 December 2005, a brief written update on the ment for the certification of rough diamonds) implementation of the measures imposed by para- needed to investigate the production and illicit graph 7 of resolution 1572(2004) and reaffirmed by paragraph 1 of resolution 1584(2005), with recom- export of diamonds and make public reports of mendations in this regard; their findings. The Council should also call upon 3. Decides to remain actively seized of the matter. the Government to commission an audit of all cocoa agencies to be completed by May 2006. On 2 November [S/2005/696], the Secretary- The Group concluded that neither the Gov- General informed the Council of his intentions ernment nor the Forces nouvelles had a strategic to reappoint members of the Group of Experts, need for, or the financial capability to procure in accordance with resolution 1584(2005), until heavy and light weapons. Their immediate needs 15 December. were for transport, including helicopters. While Report of Group of Experts (November). In UNOCI was vigilant concerning air assets impor- November [S/2005/699], the Chairman of the Se- tations, it was less focused on the increasing num- curity Council Committee established pursuant ber of vehicles imported for military use by to resolution 1572(2004) transmitted to the Coun- FANCI and the Forces nouvelles. The Group high- cil President the final report of the Group of Ex- lighted what it called a “dual-use loophole” and perts on the situation in Côte d’Ivoire. The re- called for its remedy through the drafting of a port examined the political context, defence tighter definition by the Council. It recom- expenditure and natural resources, the effective- mended that the Committee request Belarus, ness of the sanctions and possible violations of Bulgaria, Côte d’Ivoire and Togo to report on the the arms embargo. The Group found that, de- ownership of certain aircraft at Lomé airport. spite rumours of fresh supplies of weapons and The Group noted that Côte d’Ivoire had not ammunition reaching the militias, there was no made submissions to the United Nations Register evidence of recent deliveries to those groups. It of Conventional Arms and recommended that it noted during its visits to Côte d’Ivoire many spec- submit a baseline statement of acquisitions in its ulative articles in the Ivorian press alleging mas- possession. It welcomed the establishment by the sive violations of the embargo, most of which Government of Côte d’Ivoire, in May, of the Na- were inaccurate. It reported that a number of tional Commission for the ECOWAS Moratorium countries had suspended or blocked the export on Small Arms and Light Weapons and hoped of military goods and services to Côte d’Ivoire that it would play an active role in the negotia- and many were forthcoming with information tions to transform the moratorium into a binding that assisted the Group in its task. However, there regional convention.

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Report of Committee Chairman. The Com- ples of good-neighbourliness, non-interference and mittee Chairman, Adamantios Th. Vassilakis, regional cooperation, visited Côte d’Ivoire from 18 to 21 October. His Recalling that it endorsed the agreement signed by report, submitted to the Council on 9 December the Ivorian political forces at Linas-Marcoussis, France, on 23 January 2003 (the Linas-Marcoussis [S/2005/790], assessed the progress made by all Agreement) and approved by the Conference of Heads parties towards the implementation of their com- of State on Côte d’Ivoire, held in Paris on 25 and 26 mitments. The Chairman stated that the sanc- January 2003, the agreement signed at Accra on 30 tions had proved to be an effective tool and deter- July 2004 (the Accra III Agreement) and the agree- rent, although there was scepticism among some ment signed at Pretoria on 6 April 2005 (the Pretoria regarding their positive effects, in particular Agreement), as well as the decision of the Peace and about their power to change the behaviour of tar- Security Council of the African Union on the situation geted individuals. There was strong agreement in Côte d’Ivoire adopted at its fortieth meeting, held at the level of Heads of State and Government in Addis that individual sanctions should be applied with- Ababa on 6 October 2005, out further delay to force the parties to imple- Commending the efforts of the Secretary-General, the ment the agreements reached and to prevent in- African Union, in particular President Olusegun citement to hatred and violence, human rights Obasanjo of the Federal Republic of Nigeria, Chair- violations and abuses. Although the Group of Ex- man of the African Union, and President Thabo perts on Côte d’Ivoire did not find major viola- Mbeki of the Republic of South Africa, Mediator of tions of the arms embargo, there were indications the African Union, President Mamadou Tandja of the that large quantities of arms were at the disposal Republic of the Niger, Chairman of the Economic of the population. Community of West African States, and the leaders of the region to promote peace and stability in Côte The Chairman recommended that the Coun- d’Ivoire, and reiterating its full support for them, cil and the Committee should keep the situation Recalling the final communiqué of the International under close review until resolution 1633(2005) Working Group of 8 November 2005, which states in (see p. 243) was fully and unconditionally imple- particular that the fundamental basis of the peace and mented and the disarmament of the Forces national reconciliation process is enshrined in resolu- nouvelles, the militias and the defence groups tion 1633(2005) of 21 October 2005, and recalling also completed. The Committee should consider tak- the final communiqué of the International Working ing prompt action against any individuals hin- Group of 6 December 2005, dering the peace process, violating the arms Strongly recalling the obligations of all Ivorian par- embargo, inciting hatred, violence or intolerance ties, the Government of Côte d’Ivoire as well as the Forces nouvelles, to refrain from any violence, in par- or committing violations or abuses of human ticular against civilians, including foreign citizens, and rights or humanitarian law. He suggested that to cooperate fully with the activities of the United the Council should consider the report of the In- Nations Operation in Côte d’Ivoire, ternational Commission of Inquiry for Côte Expressing its serious concern at the persistence of the d’Ivoire [YUN 2004, p. 117] and that the Sanctions crisis in Côte d’Ivoire and of obstacles to the peace and Committee discuss the annexes, as suggested by national reconciliation process from all sides, the Secretary-General, with a view to putting an Reiterating its firm condemnation of all violations of end to impunity. human rights and international humanitarian law, in- While the request of the AU and the Mediator cluding the use of child soldiers, in Côte d’Ivoire, to withhold action that would have a negative Taking note of the final communiqué of the effect on the peace process was justified, the Kimberley Process issued following its plenary meet- ing held in Moscow from 15 to 17November 2005, and Council should not leave unanswered any actions of the resolution adopted by Kimberley Process par- that might give the impression that it allowed im- ticipants at that meeting setting out concrete measures punity. to prevent the introduction of diamonds from Côte d’Ivoire into the legitimate diamond trade, and recog- SECURITY COUNCIL ACTION nizing the linkage between the illegal exploitation of On 14 December [meeting 5327], the Security natural resources, such as diamonds, illicit trade in such resources, and the proliferation of and trafficking Council adopted unanimously resolution 1643 in arms and the recruitment and use of mercenaries as (2005). The draft [S/2005/786] was prepared in one of the sources of fuelling and exacerbating con- consultations among Council members. flicts in West Africa, The Security Council, Taking note also of the report of the Group of Experts Recalling its previous resolutions and the statements on Côte d’Ivoire submitted on 7 November 2005, by its President relating to the situation in Côte Determining that the situation in Côte d’Ivoire con- d’Ivoire, tinues to pose a threat to international peace and secu- Reaffirming its strong commitment to the sovereignty, rity in the region, independence, territorial integrity and unity of Côte Acting under Chapter VII of the Charter of the d’Ivoire, and recalling the importance of the princi- United Nations,

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1. Decides to renew until 15 December 2006 the pro- tion 1572(2004) and by paragraphs 4 and 6 above, in visions of paragraphs 7 to 12 of resolution 1572(2004) the light of progress accomplished in the peace and na- of 15 November 2004; tional reconciliation process in Côte d’Ivoire, and ex- 2. Reaffirms paragraphs 4 and 6 of resolution presses its readiness to consider the modification or 1572(2004), paragraph 5 of resolution 1584(2005) of termination of those measures before the aforesaid pe- 1 February 2005, and paragraphs 3, 9, 14, 19 and 21 of riod only if the provisions of resolution 1633(2005) resolution 1633(2005), reaffirms also paragraph 8 of have been fully implemented; resolution 1584(2005), and, in this regard, demands 9. Requests the Secretary-General, in consultation that the Forces nouvelles establish without delay a with the Committee, to re-establish, within thirty days comprehensive list of armaments in their possession, of the date of adoption of the present resolution and in accordance with their obligations; for a period of six months, a group of experts consist- 3. Reaffirms its readiness to impose the individual ing of no more than five members (the Group of Ex- measures provided for in paragraphs 9 and 11 of reso- perts), with the appropriate range of expertise, in par- lution 1572(2004), including against any person desig- ticular on arms, diamonds, finance, customs, civil nated by the Security Council Committee established aviation and any other relevant expertise, to perform pursuant to paragraph 14of resolution 1572(2004) (the the following mandate: Committee) who blocks the implementation of the (a) To exchange information with the United peace process as enshrined in resolution 1633(2005) Nations Operation in Côte d’Ivoire and the French and in the final communiqué of the International forces in the context of their monitoring mandate set Working Group, who is determined to be responsible out in paragraphs 2 and 12 of resolution 1609(2005) of for serious violations of human rights and interna- 24 June 2005; tional humanitarian law committed in Côte d’Ivoire (b) To gather and analyse all relevant information since 19 September 2002, who publicly incites hatred in Côte d’Ivoire and elsewhere, in cooperation with the and violence, and who is determined to be in violation Governments of those countries, on flows of arms and of the arms embargo; related materiel, on provision of assistance, advice or 4. Decides that any serious obstacle to the freedom training related to military activities, on networks op- of movement of the United Nations Operation in Côte erating in violation of the measures imposed by para- d’Ivoire and of the French forces supporting it, or any graph 7 of resolution 1572(2004), and on the sources of attack on or obstruction to the action of the United financing, including from the exploitation of natural Nations Operation in Côte d’Ivoire, of the French resources in Côte d’Ivoire, for purchases of arms and forces, of the High Representative for the elections in related materiel and activities; Côte d’Ivoire or of the International Working Group (c) To consider and recommend, where appropri- constitutes a threat to the peace and national reconcili- ate, ways of improving the capabilities of States, in par- ation process for the purposes of paragraphs 9 and 11 ticular those in the region, to ensure the effective im- of resolution 1572(2004); plementation of the measures imposed by paragraph 7 5. Requests the Secretary-General and the Govern- of resolution 1572(2004) and by paragraph 6 above; ment of France to report to the Council immediately, (d) Toseek further information regarding the action through the Committee, any serious obstacle to the taken by States with a view to implementing effectively freedom of movement of the United Nations Opera- the measures imposed by paragraph 6 above; tion in Côte d’Ivoire and of the French forces support- (e) To report to the Council in writing within ninety ing it, including the names of those responsible, and days of its establishment, through the Committee, on requests the High Representative and the Interna- the implementation of the measures imposed by para- tional Working Group to report to it immediately, graph 7 of resolution 1572(2004) and by paragraph 6 through the Committee, any attack or obstruction to above, with recommendations in this regard; their action; (f) To keep the Committee regularly updated on its 6. Decides that all States shall take the necessary activities; measures to prevent the import of all rough diamonds (g) To provide the Committee in its reports with from Côte d’Ivoire to their territory, welcomes the evidence of any violations of the measures imposed by measures agreed upon by participants in the Kim- paragraph 7 of resolution 1572(2004) and by para- berley Process Certification Scheme to this effect, and graph 6 above; calls upon the States in the region which are not par- (h) To cooperate with other relevant groups of ex- ticipants in the Kimberley Process to intensify their perts, in particular the group of experts on Liberia es- efforts to join the Kimberley Process in order to in- tablished pursuant to resolutions 1521(2003) of 22 De- crease the effectiveness of monitoring the import of di- cember 2003 and 1579(2004) of 21 December 2004; amonds from Côte d’Ivoire; (i) To monitor the implementation of the individ- 7. Requests all States concerned, in particular those ual measures set out in paragraphs 9 and 11 of resolu- in the region, to report to the Committee, within tion 1572(2004); ninety days of the date of adoption of the present reso- 10. Also requests the Secretary-General to communi- lution, on the actions that they have taken to imple- cate, as appropriate, to the Council, through the Com- ment the measures imposed by paragraphs 7, 9 and 11 mittee, information gathered by the United Nations of resolution 1572(2004) and by paragraphs 4 and 6 Operation in Côte d’Ivoire and, when possible, re- above, and authorizes the Committee to request what- viewed by the Group of Experts, about the supply of ever further information it may consider necessary; arms and related materiel to Côte d’Ivoire and about 8. Decides that, at the end of the period mentioned the production and illicit export of diamonds; in paragraph 1 above, the Council shall review the 11. Requests the Government of France to communi- measures imposed by paragraphs 7, 9 and 11of resolu- cate, as appropriate, to the Council, through the Com-

YUN05—4th proofs Dec. 24 2007 Africa 253 mittee, information gathered by the French forces and, Mindful of the fact that it is essential to provide the when possible, reviewed by the Group of Experts, Operation with the necessary financial resources to about the supply of arms and related materiel to Côte enable it to fulfil its responsibilities under the relevant d’Ivoire and about the production and illicit export of resolutions of the Security Council, diamonds; 1. Requests the Secretary-General to entrust the 12. Requests the Kimberley Process to communicate, Head of Mission with the task of formulating future as appropriate, to the Council, through the Committee, budget proposals in full accordance with the provi- information, when possible, reviewed by the Group of sions of General Assembly resolution 59/296 of 22 Experts, about the production and illicit export of dia- June 2005, as well as other relevant resolutions; monds; 2. Takes note of the status of contributions to the 13 . Urges all States, relevant United Nations bodies United Nations Operation in Côte d’Ivoire as at 15 and other organizations and interested parties, includ- April 2005, including the contributions outstanding in ing the Kimberley Process, to cooperate fully with the the amount of 43.8 million United States dollars, rep- Committee, the Group of Experts, the United Nations resenting some 11 per cent of the total assessed contri- Operation in Côte d’Ivoire and the French forces, in butions, notes with concern that only fifty-three Mem- particular by supplying any information at their dis- ber States have paid their assessed contributions in posal on possible violations of the measures imposed full, and urges all other Member States, in particular by paragraphs 7, 9 and 11 of resolution 1572(2004) and those in arrears, to ensure payment of their outstand- by paragraphs 4 and 6 above; ing assessed contributions; 14 . Decides to remain actively seized of the matter. 3. Expresses its appreciation to those Member States which have paid their assessed contributions in full, and urges all other Member States to make every possi- UNOCI financing ble effort to ensure payment of their assessed contribu- In March [A/59/750], the Secretary-General tions to the Operation in full; submitted the UNOCI budget for the period from 4. Expresses concern at the financial situation with 1 July 2005 to 30 June 2006, in the amount of regard to peacekeeping activities, in particular as re- $371,835,600. The report also contained an ex- gards the reimbursements to troop contributors that bear additional burdens owing to overdue payments penditure report for the period from 4 April to by Member States of their assessments; 30 June 2004. 5. Also expresses concern at the delay experienced by ACABQ, in its April report [A/59/736/Add.15], the Secretary-General in deploying and providing ade- recommended that the budget be reduced by quate resources to some recent peacekeeping missions, $4,225,600 to $367,610,000. in particular those in Africa; 6. Emphasizes that all future and existing peace- GENERAL ASSEMBLY ACTION keeping missions shall be given equal and non- discriminatory treatment in respect of financial and On 22 June [meeting 104], the General Assembly, administrative arrangements; on the recommendation of the Fifth Committee 7. Also emphasizes that all peacekeeping missions [A/59/529/Add.1],adoptedresolution 59/16 B with- shall be provided with adequate resources for the out vote [agenda item 154]. effective and efficient discharge of their respective mandates; Financing of the United Nations 8. Reiterates its request to the Secretary-General to Operation in Côte d’Ivoire make the fullest possible use of facilities and equip- B ment at the United Nations Logistics Base at Brindisi, The General Assembly, Italy, in order to minimize the costs of procurement for the Operation; Having considered the report of the Secretary- General on the financing of the United Nations Oper- 9. Endorses the conclusions and recommendations ation in Côte d’Ivoire and the related reports of the contained in the report of the Advisory Committee on Ad- Advisory Committee on Administrative and Budgetary ministrative and Budgetary Questions, and requests the Questions, Secretary-General to ensure their full implementation; 10. Requests the Secretary-General to ensure the Recalling Security Council resolution 1528(2004) of full implementation of the relevant provisions of its 27 February 2004, by which the Council established resolution 59/296; the United Nations Operation in Côte d’Ivoire for an initial period of twelve months as from 4 April 2004, 11. Also requests the Secretary-General to take all and the subsequent resolutions by which the Council necessary action to ensure that the Operation is admin- extended the mandate of the Operation, the latest of istered with a maximum of efficiency and economy; which was resolution 1600(2005) of 4 May 2005, 12. Further requests the Secretary-General, in order to reduce the cost of employing General Service staff, Recalling also its resolution 58/310 of 18 June 2004 to continue efforts to recruit local staff for the Opera- on the financing of the Operation and its subsequent tion against General Service posts, commensurate with resolution 59/16 A of 29 October 2004, the requirements of the Operation; Reaffirming the general principles underlying the financing of United Nations peacekeeping operations, Expenditure report for the period as stated in General Assembly resolutions 1874(S-IV) from 4 April to 30 June 2004 of 27 June 1963, 3101(XXVIII) of 11 December 1973 13 . Takes note of the expenditure report for the and 55/235 of 23 December 2000, Operation for the period from 4 April to 30 June 2004;

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Budget estimates for the period mind paragraphs 5 and 6 of Security Council resolu- from 1 July 2005 to 30 June 2006 tion 1502(2003) of 26 August 2003; 14 . Decides to appropriate to the Special Account for 22. Invites voluntary contributions to the Operation the United Nations Operation in Côte d’Ivoire the in cash and in the form of services and supplies accept- amount of 386,892,500 dollars for the period from able to the Secretary-General, to be administered, as 1 July 2005 to 30 June 2006, inclusive of 367,501,000 appropriate, in accordance with the procedure and dollars for the maintenance of the Operation, practices established by the General Assembly; 15,856,300 dollars for the support account for peace- 23. Decides to include in the provisional agenda of keeping operations and 3,535,200 dollars for the its sixtieth session the item entitled “Financing of the United Nations Logistics Base; United Nations Operation in Côte d’Ivoire”.

Financing of the appropriation On 20 September [A/60/364], the Secretary- 15. Decides also to apportion among Member States General submitted a revised budget amounting the amount of 386,892,500 dollars at a monthly rate of to $423,130,600, including an increase of 32,241,041 dollars, in accordance with the levels up- dated in General Assembly resolution 58/256 of 23 $55,629,600 to accommodate the increase in December 2003, and taking into account the scale of UNOCI strength, authorized by the Security assessments for 2005 and 2006, as set out in Assembly Council in resolution 1609(2005) (see p. 236). resolution 58/1 B of 23 December 2003, subject to a ACABQ, in its October report [A/60/420], rec- decision of the Security Council to extend the mandate ommended a reduction of $4,353,600, bringing of the Operation; the total budget to $418,777,000, on account of 16. Decides further that, in accordance with the the delayed deployment schedule for additional provisions of its resolution 973(X) of 15 December civilian staff. 1955, there shall be set off against the apportionment among Member States, as provided for in paragraph 15 above, their respective share in the Tax Equalization GENERAL ASSEMBLY ACTION Fund of 10,150,900 dollars, comprising the estimated On 23 November [meeting 53], the General As- staff assessment income of 7,623,600 dollars approved sembly,on the recommendation of the Fifth Com- for the Operation for the period from 1 July 2005 to 30 mittee [A/60/540], adopted resolution 60/17 A June 2006, the prorated share of 2,241,300 dollars of without vote [agenda item 138]. the estimated staff assessment income approved for the support account and the prorated share of 286,000 Financing of the United Nations dollars of the estimated staff assessment income ap- Operation in Côte d’Ivoire proved for the United Nations Logistics Base; A 17. Decides that, for Member States that have ful- The General Assembly, filled their financial obligations to the Operation, Having considered the report of the Secretary- there shall be set off against their apportionment, as General on the financing of the United Nations Oper- provided for in paragraph 15 above, their respective ation in Côte d’Ivoire and the related report of the share of the unencumbered balance and other income Advisory Committee on Administrative and Budgetary in the amount of 13,328,900 dollars in respect of the fi- Questions, nancial period ended 30 June 2004, in accordance Recalling Security Council resolution 1528(2004) of with the levels updated in its resolution 58/256, and 27 February 2004, by which the Council established taking into account the scale of assessments for 2004, the United Nations Operation in Côte d’Ivoire for an as set out in its resolution 58/1 B; initial period of twelve months as from 4 April 2004, 18. Decides also that, for Member States that have and the subsequent resolutions by which the Council not fulfilled their financial obligations to the Opera- extended the mandate of the Operation, the latest of tion, there shall be set off against their outstanding ob- which was resolution 1609(2005) of 24 June 2005, ligations their respective share of the unencumbered Recalling also its resolution 58/310 of 18 June 2004 balance and other income in the amount of 13,328,900 on the financing of the Operation and its subsequent dollars in respect of the financial period ended 30 resolutions thereon, the latest of which was resolution June 2004, in accordance with the scheme set out in 59/16 B of 22 June 2005, paragraph 17 above; Reaffirming the general principles underlying the 19 . Decides further that the decrease of 219,600 financing of United Nations peacekeeping operations, dollars in the estimated staff assessment income in re- as stated in General Assembly resolutions 1874(S-IV) spect of the financial period ended 30 June 2004 shall of 27 June 1963, 3101(XXVIII) of 11 December 1973 be set off against the credits from the amount of and 55/235 of 23 December 2000, 13,328,900 dollars referred to in paragraphs 17 and 18 Mindful of the fact that it is essential to provide the above; Operation with the necessary financial resources to 20. Emphasizes that no peacekeeping mission shall enable it to fulfil its responsibilities under the relevant be financed by borrowing funds from other active resolutions of the Security Council, peacekeeping missions; 1. Requests the Secretary-General to entrust the 21. Encourages the Secretary-General to continue to Head of Mission with the task of formulating future take additional measures to ensure the safety and secu- budget proposals in full accordance with the provi- rity of all personnel under the auspices of the United sions of General Assembly resolution 59/296 of 22 Nations participating in the Operation, bearing in June 2005, as well as other relevant resolutions;

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2. Takes note of the status of contributions to the riod from 1 July 2005 to 30 June 2006 under the terms United Nations Operation in Côte d’Ivoire as at 30 of its resolution 59/16 B, to apportion among Member September 2005, including the contributions out- States the additional amount of 28,946,129 dollars for standing in the amount of 153.8 million United States the period from 1 July 2005 to 24 January 2006, in dollars, representing some 22 per cent of the total as- accordance with the levels updated in General Assem- sessed contributions, notes with concern that only bly resolution 58/256 of 23 December 2003, and tak- twenty-seven Member States have paid their assessed ing into account the scale of assessments for 2005 and contributions in full, and urges all other Member 2006, as set out in its resolution 58/1 B of 23 Decem- States, in particular those in arrears, to ensure pay- ber 2003; ment of their outstanding assessed contributions; 15. Further decides that, in accordance with the pro- 3. Expresses its appreciation to those Member States visions of its resolution 973(X) of 15 December 1955, which have paid their assessed contributions in full, there shall be added to the apportionment among and urges all other Member States to make every possi- Member States, as provided for in paragraph 14above, ble effort to ensure payment of their assessed contribu- their respective share in the Tax Equalization Fund of tions to the Operation in full; the amount of 4,064 dollars, representing the esti- 4. Expresses concern at the financial situation with mated decrease in staff assessment income approved regard to peacekeeping activities, in particular as re- for the Operation for the period from 1 July 2005 to 24 gards the reimbursements to troop contributors that January 2006; bear additional burdens owing to overdue payments 16. Decides to apportion among Member States the by Member States of their assessments; additional amount of 22,329,871 dollars at a monthly 5. Also expresses concern at the delay experienced by rate of 4,273,000 dollars for the period from 25 Janu- the Secretary-General in deploying and providing ade- ary to 30 June 2006, in accordance with the scheme set quate resources to some recent peacekeeping missions, out in paragraph 14above, and taking into account the in particular those in Africa; scale of assessments for 2006 as set out in its resolution 6. Emphasizes that all future and existing peace- 58/1 B, subject to a decision of the Security Council to keeping missions shall be given equal and non- extend the mandate of the Operation; discriminatory treatment in respect of financial and 17. Also decides that, in accordance with the provi- administrative arrangements; sions of its resolution 973(X), there shall be added to 7. Also emphasizes that all peacekeeping missions the apportionment among Member States, as provided shall be provided with adequate resources for the for in paragraph 16 above, their respective share in the effective and efficient discharge of their respective Tax Equalization Fund of the amount of 3,136 dollars, mandates; representing the estimated decrease in staff assess- 8. Reiterates its request to the Secretary-General to ment income approved for the Operation for the pe- make the fullest possible use of facilities and equip- riod from 25 January to 30 June 2006; ment at the United Nations Logistics Base at Brindisi, 18. Emphasizes that no peacekeeping mission shall Italy, in order to minimize the costs of procurement for be financed by borrowing funds from other active the Operation; peacekeeping missions; 9. Endorses the conclusions and recommendations 19 . Encourages the Secretary-General to continue contained in the report of the Advisory Committee on to take additional measures to ensure the safety and Administrative and Budgetary Questions, and requests security of all personnel under the auspices of the the Secretary-General to ensure their full implementa- United Nations participating in the Operation, bear- tion; ing in mind paragraphs 5 and 6 of Security Council 10. Requests the Secretary-General to ensure the resolution 1502(2003) of 26 August 2003; full implementation of the relevant provisions of its 20. Invites voluntary contributions to the Operation resolution 59/296; in cash and in the form of services and supplies accept- 11. Also requests the Secretary-General to take all able to the Secretary-General, to be administered, as necessary action to ensure that the Operation is admin- appropriate, in accordance with the procedure and istered with a maximum of efficiency and economy; practices established by the General Assembly; 12. Further requests the Secretary-General, in order 21. Decides to keep under review during its sixtieth to reduce the cost of employing General Service staff, session the item entitled “Financing of the United to continue efforts to recruit local staff for the Opera- Nations Operation in Côte d’Ivoire”. tion against General Service posts, commensurate with the requirements of the Operation; Revised budget estimates Liberia for the period from 1 July 2005 to 30 June 2006 In 2005, Liberia marked a major milestone in 13 . Decides to appropriate to the Special Account its efforts towards the restoration of peace and for the United Nations Operation in Côte d’Ivoire the amount of 51,276,000 dollars for the maintenance of stability, with the successful holding of both leg- the Operation for the period from 1 July 2005 to 30 islative and presidential elections on 11 October. June 2006, in addition to the amount of 386,892,500 The elections, which saw Ellen Johnson-Sirleaf dollars already appropriated for the same period become the President-elect, marked one of the under the terms of its resolution 59/16 B; final steps towards completing the two-year Financing of the appropriation transition period stipulated in the 2004 Compre- 14 . Also decides, taking into account the amount of hensive Peace Agreement [YUN 2004, p. 192].With 386,892,500 dollars previously apportioned for the pe- the assistance of the United Nations Mission in

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Liberia, the Economic Commission of West Afri- Council therefore renewed the arms and travel can States and other regional and international measures for a further 12 months and the dia- actors, Liberia made progress in the disarma- monds and timber measures for six months. ment of combatants, the disbandment of former Governments and human rights organizations factions, the establishment of a stable environ- continued to call on the Government of Nigeria ment throughout the country, the partial restora- to hand over former President Charles Taylor to tion of State authority in the counties, the reset- the Special Court for Sierra Leone. The Council, tlement of a significant number of refugees, the following allegations that Taylor had been med- establishment of the Truth and Reconciliation dling in Liberian politics and had violated the Commission, the launching of security sector re- conditions of his asylum in Nigeria, indicated form and the agreement to establish the Govern- that his return to Liberia would constitute a ance and Economic Management Assistance Pro- threat to international peace and security in the gramme. region and amended the UNMIL mandate to in- However, significant problems faced the new clude the apprehension and detainment of Mr. Government to be installed in 2006. Concerns Taylor, in the event of a return to Liberia, and his about the performance of the National Transi- transfer to Sierra Leone for prosecution before tional Government of Liberia, particularly its the Special Court for Sierra Leone. lack of transparency in the collection and use of The National Transitional Government of Li- revenues, as well as corruption, had led to the es- beria made some human rights advances with the tablishment of an investigative committee. The signing of the Truth and Reconciliation Commis- committee concluded that there had been ad- sion Act into law in and the establishment of the ministrative and financial malpractices and rec- Independent National Commission. UNMIL ommended that remedial measures be taken. spearheaded the formulation of a five-year na- The security situation in the country remained tional human rights action plan for Liberia. calm, but fragile. Demonstrations and protest In December, the Security Council extended marches by ex-combatants demanding rehabili- UNMIL’s mandate until 31 March 2006 and au- tation and reintegration opportunities or protest- thorized a temporary increase in the personnel ing the non-payment of salary arrears posed a ceiling to 15,250 troops. threat to stability, in addition to the civil unrest which arose from alleged ritual killings. The dis- covery of diamonds in Sinoe County sparked UNMIL a rush of over 20,000 people to the site and The United Nations Mission in Liberia gave rise to violations of UN sanctions. The situa- (UNMIL), established by Security Council resolu- tion in neighbouring countries continued to be tion 1509(2003) [YUN 2003, p. 194], was mandated to monitored, as the recruitment of Liberian ex- support the implementation of the 2003 Agree- combatants from Côte d’Ivoire, Guinea and Si- ment on Ceasefire and Cessation of Hostilities erra Leone remained a concern. [ibid., p. 189] and of the peace process; protect UN The Panel of Experts established to conduct an staff, facilities and civilians; support humanita- assessment on the implementation, impact and rian and human rights activities; and assist in na- effectiveness of the arms, travel, timber and tional security reform, including national police diamond sanctions imposed on Liberia con- training and the formation of a new, restructured cluded that the assets freeze had not been imple- military. mented and reports were received of violations of By resolution 1638(2005) (see p. 267), the the travel ban, including by former President Council decided that the mandate should in- Charles Taylor. Sanctions on timber had been clude the apprehension and detention of former effective, but the Forest Review Committee had President Charles Taylor in the event of his re- recommended the cancellation of all concessions turn to Liberia and to transfer him to the Special and that the sector be reformed. The Panel iden- Court for Sierra Leone. By resolution 1626(2005) tified developments that were undermining Li- (see p. 264), the Council extended UNMIL’s man- beria’s efforts to meet the Security Council’s re- date until 31 March 2006. quirements for lifting the embargo on exporting Headquartered in the Liberian capital, rough diamonds. The Panel also found that Gov- Monrovia, UNMIL was headed by the Special Rep- ernment administration was weak, with archaic resentative of the Secretary-General for Liberia, internal controls and little external oversight, Jacques Paul Klein (United States), from July and if the sanctions on diamonds and timber 2003 to April 2005. He was succeeded in that were to be lifted, it was unlikely that Government capacity by Alan Doss (United Kingdom), who revenues would enter the budget process for the was appointed with effect from 15 August benefit of the Liberian people. The Security [S/2005/464 & S/2005/465].

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Lieutenant General Joseph Olorungbon Mindful of the fact that it is essential to provide the Owonibi (Nigeria), Deputy Force Commander of Mission with the necessary financial resources to en- UNMIL since November 2003, was appointed able it to fulfil its responsibilities under the relevant resolutions of the Security Council, Force Commander as of 1 January 2005 [S/2005/19 1. Requests the Secretary-General to entrust the & S/2005/18]; and Lieutenant General Chikadibia Head of Mission with the task of formulating future Isaac Obiakor (Nigeria) was appointed Force budget proposals in full accordance with the provi- Commander as of 1 January 2006 [S/2005/738 & sions of General Assembly resolution 59/296 of 22 S/2005/739]. June 2005, as well as other relevant resolutions; Also by resolution 1626(2005), the Council 2. Takes note of the status of contributions to the supported the Secretary-General’s recommenda- United Nations Mission in Liberia as at 15 April 2005, tion to return to the ceiling of 15,000UN military including the contributions outstanding in the amount personnel authorized by resolution 1509(2003) of 96 million United States dollars, representing some 7 per cent of the total assessed contributions, notes [YUN 2003, p. 194] by 31 March 2006. with concern that only sixty-three Member States have paid their assessed contributions in full, and urges all Financing other Member States, in particular those in arrears, to In June, at its resumed fifty-ninth (2005) ses- ensure payment of their outstanding assessed contri- sion, the General Assembly considered the per- butions; formance report on the UNMIL budget for 1 Au- 3. Expresses its appreciation to those Member States that have paid their assessed contributions in full, and gust 2003 to 30 June 2004 [A/59/624], showing urges all other Member States to make every possible expenditures amounting to $548,178,700 against effort to ensure payment of their assessed contribu- a total appropriation of $564,494,300, and the tions to the Mission in full; proposed budget for UNMIL for 1 July 2005 to 30 4. Expresses concern at the financial situation with June 2006 [A/59/630] of $722,633,600, together regard to peacekeeping activities, in particular as re- with the related ACABQ report [A/59/736/Add.11]. gards the reimbursements to troop contributors that bear additional burdens owing to overdue payments GENERAL ASSEMBLY ACTION by Member States of their assessments; On 22 June [meeting 104], the General Assembly, 5. Also expresses concern at the delay experienced by on the recommendation of the Fifth Committee the Secretary-General in deploying and providing ade- quate resources to some recent peacekeeping missions, [A/59/836], adopted resolution 59/305 without in particular those in Africa; vote [agenda item 134]. 6. Emphasizes that all future and existing peace- Financing of the United Nations Mission in Liberia keeping missions shall be given equal and non- The General Assembly, discriminatory treatment in respect of financial and administrative arrangements; Having considered the reports of the Secretary- General on the financing of the United Nations Mis- 7. Also emphasizes that all peacekeeping missions sion in Liberia and the related reports of the Advisory shall be provided with adequate resources for the Committee on Administrative and Budgetary Ques- effective and efficient discharge of their respective tions, mandates; Recalling Security Council resolution 1497(2003) of 8. Reiterates its request to the Secretary-General to 1 August 2003, by which the Council declared its readi- make the fullest possible use of facilities and equip- ness to establish a United Nations stabilization force to ment at the United Nations Logistics Base at Brindisi, support the transitional government and to assist in Italy, in order to minimize the costs of procurement for the implementation of a comprehensive peace agree- the Mission; ment in Liberia, 9. Endorses the conclusions and recommendations Recalling also Security Council resolution 1509(2003) contained in the report of the Advisory Committee on of 19September 2003, by which the Council decided to Administrative and Budgetary Questions, and requests establish the United Nations Mission in Liberia for a the Secretary-General to ensure their full implementa- period of twelve months, and the subsequent resolu- tion; tion 1561(2004) of 17 September 2004, by which the 10. Requests the Secretary-General to ensure the Council extended the mandate of the Mission until 19 full implementation of the relevant provisions of its September 2005, resolution 59/296; Recalling further its resolution 58/261 A of 23 De- 11. Also requests the Secretary-General to entrust the cember 2003 on the financing of the Mission and its Special Representative of the Secretary-General to in- subsequent resolution 58/261 B of 18 June 2004, tensify his/her coordination and collaboration efforts Reaffirming the general principles underlying the with the agencies, funds and programmes in Liberia financing of United Nations peacekeeping operations, and to develop a workplan containing an integrated as stated in General Assembly resolutions 1874(S-IV) list of priorities, and further requests the Secretary- of 27 June 1963, 3101(XXVIII) of 11 December 1973 General to report to the General Assembly on actions and 55/235 of 23 December 2000, taken as well as progress made in the context of the Noting with appreciation that voluntary contributions Mission budget for the period from 1 July 2006 to 30 have been made to the Mission, June 2007;

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12. Further requests the Secretary-General to take all 20. Decides further that, for Member States that have necessary action to ensure that the Mission is adminis- fulfilled their financial obligations to the Mission, tered with a maximum of efficiency and economy; there shall be set off against their apportionment, as 13 . Requests the Secretary-General, in order to re- provided for in paragraph 16 above, their respective duce the cost of employing General Service staff, to share of the unencumbered balance and other income continue efforts to recruit local staff for the Mission in the total amount of 17,034,600 dollars in respect of against General Service posts, commensurate with the the financial period ended 30 June 2004, in accord- requirements of the Mission; ance with the levels updated in General Assembly reso- lution 58/256, and taking into account the scale of as- Financial performance report for the sessments for 2004 as set out in its resolution 58/1 B; period from 1 August 2003 to 30 June 2004 21. Decides that, for Member States that have not 14 . Takes note of the report of the Secretary-General fulfilled their financial obligations to the Mission, on the financial performance of the Mission for the there shall be set off against their outstanding obliga- period from 1 August 2003 to 30 June 2004; tions their respective share of the unencumbered bal- Budget estimates for the period ance and other income in the total amount of from 1 July 2005 to 30 June 2006 17,034,600 dollars in respect of the financial period 15. Decides to appropriate to the Special Account ended 30 June 2004, in accordance with the scheme set for the United Nations Mission in Liberia the amount out in paragraph 20 above; of 760,567,400 dollars for the period from 1 July 2005 22. Decides also that the decrease of 2,096,900 dol- to 30 June 2006, inclusive of 722,422,100 dollars for lars in the estimated staff assessment income in respect the maintenance of the Mission, 31,191,200 dollars for of the financial period ended 30 June 2004 shall be set the support account for peacekeeping operations and off against the credits from the amount of 17,034,600 6,954,100 dollars for the United Nations Logistics dollars referred to in paragraphs 20 and 21 above; Base; 23. Emphasizes that no peacekeeping mission shall be financed by borrowing funds from other active Financing of the appropriation peacekeeping missions; 16. Decides also to apportion among Member States 24. Encourages the Secretary-General to continue the amount of 166,902,291 dollars for the period from to take additional measures to ensure the safety and 1 July to 19 September 2005, in accordance with the security of all personnel under the auspices of the levels updated in General Assembly resolution 58/256 United Nations participating in the Mission, bearing of 23 December 2003, and taking into account the scale in mind paragraphs 5 and 6 of Security Council reso- of assessments for 2005 as set out in its resolution lution 1502(2003) of 26 August 2003; 58/1 B of 23 December 2003; 25. Invites voluntary contributions to the Mission in 17. Decides further that, in accordance with the pro- cash and in the form of services and supplies accepta- visions of its resolution 973(X) of 15 December 1955, ble to the Secretary-General, to be administered, as there shall be set off against the apportionment among appropriate, in accordance with the procedure and Member States, as provided for in paragraph 16 above, practices established by the General Assembly; their respective share in the Tax Equalization Fund of 26. Decides to include in the provisional agenda of 3,552,213 dollars, comprising the estimated staff as- its sixtieth session the item entitled “Financing of the sessment income of 2,461,223 dollars approved for the United Nations Mission in Liberia”. Mission, the prorated share of 967,552 dollars of the es- timated staff assessment income approved for the support account and the prorated share of 123,438 dol- Peacebuilding efforts lars of the estimated staff assessment income approved for the United Nations Logistics Base; Implementation of Comprehensive 18. Decides to apportion among Member States the Peace Agreement and UNMIL activities amount of 593,665,109 dollars for the period from 20 September 2005 to 30 June 2006 at a monthly rate of Report of Secretary-General (March). The 63,380,616 dollars, in accordance with the levels up- Secretary-General, on 17 March, submitted his dated in General Assembly resolution 58/256, and tak- sixth progress report on UNMIL [S/2005/177] cover- ing into account the scale of assessments for 2005 and ing developments since his December 2004 re- 2006 as set out in its resolution 58/1 B, subject to a de- port [YUN 2004, p. 200]. He noted the various ad- cision of the Security Council to extend the mandate of the Mission; vancements made in the implementation of the 19 . Decides also that, in accordance with the provi- 2003 Comprehensive Peace Agreement [YUN 2003, sions of its resolution 973(X), there shall be set off p. 192]: preparations for the October 2005 elec- against the apportionment among Member States, as tions were under way; former armed factions provided for in paragraph 18 above, their respective either formed new political parties or associated share in the Tax Equalization Fund of 12,635,087 dol- themselves with existing ones; increased num- lars, comprising the estimated staff assessment income bers of internally displaced persons and refugees of 8,754,477 dollars approved for the Mission, the pro- were returning to their homes; the training pro- rated share of 3,441,548 dollars of the estimated staff assessment income approved for the support account gramme for the new Liberian police service was and the prorated share of 439,062 dollars of the esti- moving forward; and the process of restoring mated staff assessment income approved for the county administration continued, albeit at a slow United Nations Logistics Base; pace. Limited progress was made in efforts to en-

YUN05—4th proofs Dec. 24 2007 Africa 259 trench the rule of law and improve the human dawn curfew, and UNMIL troops and police acted rights situation; however, the National Transi- quickly to restore calm. tional Government continued to function, not- As of 1 March, the number of formally dis- withstanding serious internal tensions. armed combatants totalled 101,495, including The Implementation Monitoring Committee women, boys and girls. With UNICEF assistance, and the International Contact Group, the two 98 per cent of former child combatants were re- mechanisms monitoring implementation of the joined with their families. UNMIL destroyed all 2003 Comprehensive Peace Agreement, contin- weapons and ammunition collected during the ued to meet regularly. Subregional engagement disarmament process. It encouraged communi- with the peace process remained strong, notably ties to divulge information on arms caches and, by ECOWAS, which visited Liberia in February/ with UNDP, launched a community arms collec- March to assess progress in the peace process and tion and destruction project. Some 612 ex- election preparations. combatants identified as foreign nationals dur- The Government, responding to donor con- ing the disarmament and demobilization process cerns about its performance, particularly its lack were still awaiting repatriation. In addition to 50 of transparency in the collection and use of reve- children already repatriated to Liberia from nues and resistance to reforms and audits to fight Sierra Leone, the two countries reached an agree- corruption, set up a Task Force on Corruption ment for the repatriation by 31 March of 435 Li- and a Cash Management Committee. The Na- berian ex-combatants in internment camps in tional Transitional Legislative Assembly also set Sierra Leone. The most pressing challenge was up a committee in January to investigate allega- to create long-term reintegration opportunities tions of administrative and financial impropriety for more than 100,000 ex-combatants. Only involving its leadership; it presented its report in 25,591 were participating in reintegration proj- March, confirming existent administrative and ects funded by the relevant UNDP-managed trust financial malpractices and recommending reme- fund, the European Commission and the United dial measures. A proposal to suspend the Assem- States Agency for International Development; a bly leadership for up to seven months (which number of projects in the pipeline would provide went into effect on 14 March) degenerated into a immediate opportunities for another 44,502, but fracas; UNMIL had to intervene to restore calm. many of them had yet to begin, owing to a lack of In contravention of an article of the Compre- funding. The Secretary-General appealed to the hensive Peace Agreement barring principal cabi- international community for funds to reduce the net ministers from running for elective office in $40 million shortfall. the 11 October elections, two such officials de- As to the restructuring of the national police, clared their intention to run for the presidency some 1,134trainees were enrolled in the National and a senatorial seat, one arguing that the article Police Academy training programme. As of was inconsistent with another article of the 1 March, 200 police officers were deployed in the Agreement that he invoked. UNMIL and the In- 12 counties with minimal or no police presence, ternational Contact Group on Liberia found no and command structures were established with contradiction between the two articles—a finding the deployment of police commanders to five re- reaffirmed by the National Elections Commis- gional police centres in Kakata, Tubmanburg, sion and the ECOWAS Mediator, General Abdul- Gbarnga, Zwedru and Harper. For those outlying salami Abubakar. deployments to be sustainable, an estimated The overall security situation remained calm $871,000 was urgently required for basic equip- but fragile. Several incidents of lawlessness and ment, renovations of police stations, including violent unrest occurred, but no major disturb- detention cells and security measures. The United ances. Large student demonstrations protesting States continued to take the lead in coordinating the closure of schools were staged in Monrovia in plans for the restructuring of the Liberian mili- December 2004, as were protests by civil servants tary, for which a preliminary budget was esti- against the non-payment of salaries in arrears mated at $87.5 to $200 million. Unfortunately, and, in January and February 2005, by ex- the restructuring exercise could not proceed un- combatants who were growing increasingly res- til the existing personnel from the Armed Forces tive while awaiting rehabilitation and reintegra- of Liberia had been decommissioned. In that re- tion opportunities. Disturbances also occurred at gard, the Government’s list of 14,084 personnel rubber plantations. Incidents of mob violence was being verified against the UNMIL database to erupted in Maryland County in January, follow- determine their eligibility benefits for terminal. ing allegations attributing the disappearance of An estimated minimum of $8.5 million in donor certain persons to ritual killings. As a result, assistance would be needed to cover the cost of the Transitional Government imposed a dusk-to- their severance and pension packages.

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Reform of the justice sector continued at a slow cused on ensuring compliance by the diamond- pace. Circuit courts functioned in only eight mining sector with the Kimberley Process Certi- counties and only 60 per cent of the magistrate fication Scheme [YUN 2000, p. 76]. A review team of courts were operational. UNMIL conducted four international experts on the Scheme that visited training courses throughout the country for pros- the country in February was to present its recom- ecutors and law enforcement officers. At the ini- mendations to the Panel of Experts dealing with tiative of UNMIL, a case flow management com- sanctions on Liberia (see p. 269). UNMIL trained mittee was established to address the problem of guards from the Forestry Development Author- pretrial detainees held for excessive periods. The ity and conducted an environmental baseline recruitment of correctional officers, expected survey. to take place every three months, had begun, In the humanitarian area, UNHCR continued to with UNMIL providing technical advice and on- facilitate the voluntary repatriation of Liberian the-job training, as well as assisting in developing refugees from Ghana, Guinea, Côte d’Ivoire, Ni- draft national policies on prisoner discipline and geria and Sierra Leone. An estimated 100,000 adjudication and admission procedures. About refugees had returned spontaneously,while 8,113 $130,000 was urgently required for the training returned with UNHCR assistance. As of 1 March, of correctional officers and $800,000 for prison 67,644 internally displaced persons returned to refurbishment and security upgrades. their respective counties and were provided with Limited progress was made in the restoration return packages. Assistance provided by other of State authority and in the rehabilitation of UN agencies included food aid by WFP; agricul- government institutions. As of 18 February, the tural support to farm families from FAO; and the National Task Force for the Restoration of State re-establishment of country health teams by authority completed consultations for the selec- WHO. In addition to providing basic health care tion of Superintendent and Assistant Superin- for 100,000 internally displaced persons and en- tendent nominees in all 15 counties. The Transi- abling the immunization services for 2.47 million tional Government deployed 564 government children, UNICEF trained 13,000 teachers in officials across the country, including internal “emergency” education as part of its back-to- revenue collectors, customs officers and some school campaign. 250 immigration and naturalization officers. The Secretary-General observed that the main UNMIL supported government efforts to ensure pillars of the transition process had been success- financial transparency and accountability by li- fully erected. However, if not provided with the aising with the General Audit Office on audits of necessary support and advice during that critical ministries and State-owned enterprises. Con- period, Liberia faced the risk of repeating the cerns persisted over the Government’s limited pattern of abuse of power, institutional break- capacity to deliver basic services. A dearth of offi- down and violence that had plagued the country cial vehicles and office accommodation, com- for the past 25 years. It was therefore imperative bined with other logistical constraints, under- that the Government proceed without delay to in- mined the ability of recently deployed county stitute fundamental reforms and that the inter- superintendents to perform their duties. Also, national community provide the required re- most regional officials had to travel to Monrovia sources to allow for the consolidation of gains to collect their salaries. UNMIL was working with made so far. The Government also needed to the Central Bank of Liberia to establish rural eliminate corrupt practices and institute trans- branches and with the World Bank and the Gov- parent arrangements for the management of ernment to find a short-term solution to the public funds and take disciplinary actions against problem. Government officials resisting institutional re- UNMIL continued to support the Government forms to fight corruption. It should play a more in asserting control over the country’s land-based proactive role in urgently finding a solution to and marine natural resources. The Government the problems of the inadequate payment of sala- lacked the capacity to police illegal fishing in its ries and provision of logistics for the national po- territorial waters and was powerless to prevent lice, which might perpetuate a culture of corrup- offshore dumping of waste by foreign vessels. tion in the police service. The Government, UNMIL provided advice to the technical working along with the international community, should group on fishing and undertook reconnaissance give due consideration to providing the $8.5 mil- of Liberian waters to monitor illegal fishing. It lion required to complete the programme for re- also assisted government institutions in regulat- structuring the Armed Forces of Liberia. ing issues of ownership, land tenure, manage- The Secretary-General underscored other ment and functioning in respect of rubber and concerns, including the need to convene a na- timber plantations. The Government was fo- tional consultative forum prior to the elections to

YUN05—4th proofs Dec. 24 2007 Africa 261 discuss reforms, particularly those on land use of the National Transitional Legislative Assembly— and property rights; measures to ensure free and the Speaker, Deputy Speaker, the Chairperson of fair elections; the growing disaffection among the Ways and Means Committee and Chair- former combatants, unemployed youth, students person of the Rules and Orders Committee—for and government workers; the activities of close administrative and financial malpractice contin- associates of former President Charles Taylor; ued. A petition filed by the suspended officials and negative developments in Côte d’Ivoire and for a reversal of their suspension was pending be- their impact on efforts to stabilize Liberia. fore the Supreme Court. The Assembly, which EU evaluations. In a 21 March statement on maintained that the judiciary had no jurisdiction evaluations [S/2005/222] carried out by the Euro- over its internal processes, continued to function pean Commission in Liberia, the EU, noting that under the newly elected Acting Speaker and the country was at a crucial point in its transition Deputy Speaker. process, called on all political forces and the Libe- The Implementation Monitoring Committee rian transitional authorities to cooperate to en- and the International Contact Group continued sure strict compliance with the timetable and to meet regularly to review progress in the peace framework for the conduct of the October elec- process and to address emerging issues. The se- tions. It expressed concern about the significant cond meeting of the ECOWAS Coordination level of corruption brought to light in recent re- Mechanism (Abuja, Nigeria, 26 May), jointly ports and evaluations that was largely going un- held by the Government and the United Nations, punished, saying such corruption damaged the examined progress and remaining challenges in country’s image and ongoing democratic pro- the implementation of the Comprehensive Peace cess, and could jeopardize the conduct and inter- Agreement; welcomed the decision of Liberia’s national recognition of the elections. international partners to develop an economic Report of Secretary-General (June). In his governance action plan (above); emphasized that June progress report on UNMIL [S/2005/391], the security sector reform should include the reha- Secretary-General stated that the United Nations, bilitation of the judicial, penal and immigration the European Commission, the World Bank, the sectors; and called for the adoption of clear, well- International Monetary Fund, ECOWAS and the defined and transparent criteria for the inclusion United States met (Copenhagen, Denmark, 11 in or exclusion of individuals from the sanctions May) to address the issue of improving Liberia’s list on travel ban and assets freeze. The meeting economic governance. It reviewed the audit re- also called for evidence from those alleging that ports of the Central Bank of Liberia and five the former President of Liberia was in violation State-owned enterprises, and noted that the tech- of the terms of his asylum in Nigeria by actively nical and policy advice on economic governance- interfering in Liberia’s forthcoming presidential related issues given to the Government over the elections. previous 18 months had not achieved the desired The security situation was marred by several results due to its unwillingness to institute re- incidents. Unemployed ex-combatants, suscepti- forms. Concluding that financial malfeasance ble to exploitation by political elements, held vio- and a lack of transparency and accountability lent demonstrations to demand reintegration were undermining the implementation of the benefits and opportunities and also threatened Comprehensive Peace Agreement, they decided to disrupt the elections and attack UNMIL person- to develop an economic governance action plan nel. Organized ex-combatant groups linked to in- for the Government’s implementation, to be sub- fluential members of the former armed factions mitted to the Security Council for consideration. were illegally occupying the State-owned Guthrie With the agreement of the Chairman of the Rubber Plantation, located on the border of Transitional Government, Charles Gyude Bomi and Grand Cape Mount Counties. Other Bryant, ECOWAS earlier had dispatched a team of groups held protests demanding that their enrol- investigators to look into allegations of corrup- ment in schools they had formerly attended be fa- tion within the Government. The team encoun- cilitated. On 15 April, the first referral and coun- tered resistance from some Ministers and other selling office for demobilized ex-combatants officials, as well as from the Liberian Institute of opened in Monrovia. Other threats to security Certified Public Accountants, which petitioned were: the “coalition of unwilling political forces” the Supreme Court for a writ of prohibition re- composed of individuals barred by the Compre- straining public officers from cooperating with hensive Peace Agreement from running in the the investigation on the grounds that it was a vio- 11October elections, those on the Security Coun- lation of Liberia’s sovereignty. The writ was re- cil travel-ban and assets-freeze lists and those fused by the Supreme Court. Tensions stemming benefiting economically from Liberia’s instabil- from the 14 March suspension of four members ity and lack of Government authority; and ethnic

YUN05—4th proofs Dec. 24 2007 262 Political and security questions clashes. UNMIL troops continued to provide um- international partners, identified priorities for brella security throughout the country in order 2005: addressing corruption, ensuring transpar- to create a stable environment for the electoral ency and integrity in fiscal management and pro- process. It took over security responsibilities at viding basic services in the interior of the country Monrovia’s Freeport to enable it to meet interna- to sustain the return of internally displaced per- tional ship and port facility standards and en- sons and refugees. The meeting recognized the hance its security and operations. need to extend the Framework into 2006 to en- In support of security sector reform, the pro- sure a structured transition from the Framework gramme to develop the new professional Liberian to a poverty reduction strategy based on the Mil- National Police made steady progress. In-kind lennium Development Goals [YUN 2000, p. 51]. support was provided by Belgium (weapons and The Secretary-General noted the encouraging ammunition), China (motorcycles and radios) progress achieved in Liberia in the past three and the United States (uniforms and funding for months. He stressed the importance of the re- operational costs and trainee stipends). In May, maining six months of the transition period for UNMIL launched a training programme for se- laying the foundations for a peaceful and demo- nior law enforcement managers, who would serve cratic Liberia; any efforts to disrupt the electoral as a core group of trainers when the new police process should be expeditiously addressed. He service, to be established formally on 1 July, was reiterated his March recommendation that the to assume responsibility for running the Acad- Security Council favourably consider authorizing emy’s training programme. an additional formed police unit of 120 officers, The programme for the recruitment and train- for an interim period of six months beginning in ing of the new armed forces was expected to be- August, to assist in dealing with security emer- gin after the completion of the decommissioning gencies during the electoral period. and retirement process for the existing Armed Forces of Liberia. By an executive order signed Report of Secretary-General (September). In on 15 May by the Chairman of the Transitional his September report on UNMIL [S/2005/560], the Government, that process would begin on 31 Secretary-General stated that the National Tran- May; it was expected to be completed by Septem- sitional Government took measures against a ber. The decommissioning exercise, estimated at number of reported cases of Government cor- $16.4 million, had a shortfall of some $5.4 mil- ruption, suspending the Commissioner of the lion. Bureau of Maritime Affairs, following allega- Other UNMIL activities included building the tions of fraud and dismissing Liberia’s represen- capacity of the justice sector in terms of training tative to the International Maritime Organization the various categories of judicial personnel, pro- (IMO). Along with two others from the Bureau, viding legal aid services to defendants, assisting they were alleged to have misappropriated more in convening a meeting of a legislative drafting than $4 million and were charged with “eco- working group, and providing support to the Bu- nomic sabotage and fraud of the internal revenue reau of Corrections and Rehabilitation towards of Liberia”. The ECOWAS team dispatched to in- the rehabilitation of corrections infrastructure. vestigate corruption within the Government (see UNMIL increased programming on human p. 261) submitted its report to the ECOWAS Heads rights, transitional justice and humanitarian ac- of State. Meanwhile, draft legislation on the es- tivities and carried out community-level live tablishment of a Liberian anti-corruption agency broadcasts with public participation on issues re- had been prepared. lated to the peace process. It assisted in the return The leadership crisis at the Transitional Legis- of Government officials to their duty stations, lative Assembly was resolved on 2 August, when thereby to restore State authority, especially in the Supreme Court ruled that the 14 March sus- the interior of the country; in providing advice to pension of four of its members violated neither the relevant institutions and authorities on meas- the Comprehensive Peace Agreement, nor the ures to ensure proper management of natural Constitution, nor the standing rules of the As- resources and monitoring sites where natural re- sembly, and that the Assembly had followed due source exploitation was taking place; spearhead- process. One member, who had sought the Secre- ing the formulation of a five-year national human tary-General’s intervention to facilitate his rein- rights action plan; and accelerating the return of statement, or lift the Agreement’s restriction bar- internally displaced persons and refugees to ring him from running in the elections, was their counties of origin. informed that the United Nations respected the The annual review meeting on the Results- Court’s ruling and the sanctity of the legislature, Focused Transitional Framework (Copenhagen, and that it had no authority to modify the Agree- 9-10 May), attended by the Government and its ment.

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During the reporting period, diamond depos- programme would be placed in community- its discovered in the Sanquin District of Sinoe based recovery programmes. County resulted in an influx to the site of some The judicial system reform saw significant 20,000 people who began illegal alluvial progress with the conclusion of the nomination, diamond mining. The presence of such a large vetting and appointment processes for circuit group of youths, including ex-combatants, posed court judges, specialized court judges and magis- a threat to security. Cholera broke out in the area, trates. UNMIL collaborated with the Liberian Na- claiming 29 lives. A security assessment team rec- tional Bar Association to ensure transparency in ommended evacuation of the area, while WHO the selection and vetting procedures. The courts delivered cholera treatment kits for 10,000 peo- in operation were handling an increased number ple. Other security concerns were the simmering of cases: in July alone, six criminal jury trials ethnic tensions, property disputes and election- were concluded, which equalled the total con- related violence. cluded during the whole of 2004. UNMIL contin- The programme for the establishment of a ued to assist the Bureau of Corrections in improv- new Liberian police service was on course to com- ing conditions at corrections institutions and plete the basic training of 1,800 national police in deployed corrections advisers to Zwedru and time for the October elections. By 24 August, 756 Harper, where courts recently opened with no police officers had completed the full basic train- detention facilities. UNMIL quick-impact projects ing programme. Some 263 Special Security Serv- also financed projects for water, sanitation and ice personnel and 116 Liberian Seaport Police physical exercise in Monrovia and Gbarnga pris- had also graduated from the training pro- ons. gramme. In July, 208 more police officers were In the area of human rights, on 10 June, the deployed to various locations in the country, Chairman of the Transitional Government bringing to 918 the number of officers rede- signed into law the Truth and Reconciliation ployed to police stations in the counties. The Commission Act and, on 14 July, the ECOWAS United States pledged $1.7 million to allow train- Mediator presided over the inauguration of the ing at the Police Academy to continue for a fur- selection panel for the Commission. The panel ther year. Funding shortfalls hampered efforts to would recommend 15 candidates, from among rehabilitate police infrastructure, re-equip spe- whom the Chairman would select and appoint up cialized units and decommission personnel from to nine commissioners by 10 September. They the Liberian National Police and the Special would be assisted by three international technical Security Services who were ineligible to join the advisers selected by OHCHR and ECOWAS. Follow- new restructured services ing a visit to Liberia (9-13 July), the United By 24 August, 8,164 of the 9,086 irregular Nations High Commissioner for Human Rights, armed forces personnel had been demobilized. Louise Arbour, expressed the view that the weak- The demobilization programme, however, faced est link in the Liberian transitional process was a funding shortfall of $11.5 million for the demo- the justice system and recommended that the in- bilization of 4,095 regular personnel of the ternational community do more to encourage the Armed Forces of Liberia. Demobilized soldiers Liberian judiciary to open up to international as- would be eligible to apply for the new military sistance. UNMIL hosted a workshop (21-23 July) force during a 45-day recruitment period. The on transitional justice for African peacekeeping new force, originally intended to be 4,000 strong, missions, facilitated activities to raise human was reduced to 2,000 for lack of funds. Also by 24 rights awareness and conducted a nationwide August, 37,500 demobilized ex-combatants had survey of human rights violations in the agricul- been placed in rehabilitation and reintegration tural sector, with a focus on rubber plantations. projects and another 35,448 accommodated in To extend and consolidate State authority in projects covered by the UNDP-managed Disarma- all 15 counties, the Government completed the ment, Demobilization, Reintegration and Reha- commissioning of all 15 county superintendents bilitation Trust Fund. Nonetheless, 26,000 ex- in mid-July. Almost 95 per cent of civil servants combatants were still awaiting participation in had returned to their duty stations in the coun- the rehabilitation and reintegration programme, ties and at border posts; their salaries could be which was also facing a shortage of about paid by offices of the Central Bank of Liberia in $18.5 million. UNMIL and UNDP began register- Kakata, Buchanan and Gbarnga, recently con- ing ex-combatants illegally occupying the structed with UNMIL assistance. To assist the Guthrie Rubber Plantation (see p. 261)for reinte- Government to regain full control over the ex- gration opportunities. Ex-combatants number- ploitation of the country’s natural resources, ing 5,187 who were unarmed and therefore did particularly over artisanal diamond-mining ac- not enter the disarmament and demobilization tivities, UNMIL continuedtoreporttotheGovern-

YUN05—4th proofs Dec. 24 2007 264 Political and security questions ment the findings of its aerial and ground sur- The Secretary-General also proposed a tempo- veillance of areas where illegal diamond-mining rary increase in UNMIL troop strength of some was being carried out. On 28 July, the Govern- 250 troops, from 15 November 2005 to 31 March ment announced a draft action plan to meet the 2006, to provide security both at the Special requirements for lifting the sanctions imposed by Court for Sierra Leone after the withdrawal of the Security Council on diamond mining and the UNAMSIL, and throughout Liberia in the sensitive export of rough diamonds from Liberia, which period following the October elections and the recommended an increased UNMIL presence in inauguration of the newly-elected Government diamond-mining areas. The report of the Forest of Liberia, scheduled for January 2006. Concession Review Committee, endorsed by the European Commission, the United States and SECURITY COUNCIL ACTION UNMIL, recommended the cancellation of all 70 On 19 September [meeting 5263], the Security forestry concession agreements for failure to Council unanimously adopted resolution 1626 meet the basic operational requirements and the (2005). The draft [S/2005/591] was prepared in debarment of 12 companies for complicity in the consultations among Council members. country’s civil war. A committee would be estab- The Security Council, lished to monitor implementation of the reform Recalling its previous resolutions and the statements programme. On 17 August, UNMIL assisted the by its President concerning the situation in Liberia and Ministry of Internal Affairs to evacuate an esti- in Sierra Leone, in particular resolutions 1509(2003) mated 1,000 people illegally residing, mining of 19 September 2003, 1610(2005) of 30 June 2005 and and hunting in Sapo National Park. 1620(2005) of 31 August 2005, The Secretary-General commended the Libe- Welcoming the report of the Secretary-General of rian people for their determination to participate 1 September 2005, Welcoming progress made in the preparations for in the polls and the National Elections Commis- the October 2005 presidential and legislative elections, sion for keeping the electoral process on track. Welcoming the further extension of State authority, He emphasized that the political parties, the can- including progress in the establishment of a new Li- didates and their supporters needed to ensure berian police service and the appointment of new that the electoral campaigns were conducted judges and magistrates, peaceably and freely, and that voters could parti- Expressing its appreciation for the indispensable and cipate in credible polls without any threat of vio- continuing contributions to the Liberian peace process lence. He called on the Government to redouble by the Economic Community of West African States and the African Union, and for financial and other as- its efforts to raise the requisite funds for demobi- sistance provided by the international community, lizing security personnel and decommissioning Welcoming the signing by the National Transitional former armed forces personnel who were ineligi- Government of Liberia and the International Contact ble to join the restructured security services. The Group on Liberia of the Governance and Economic Secretary-General appealed to donors to close Management Assistance Program, which is designed the funding gap for the reintegration pro- to ensure prompt implementation of the Comprehen- gramme for ex-combatants. He stated that the sive Peace Agreement signed at Accra on 18 August proposed governance and economic manage- 2003 and to expedite the lifting of measures imposed by resolution 1521(2003) of 22 December 2003, ment assistance programme would be an impor- Reiterating its appreciation for the essential work of tant tool for ensuring the Government’s control the Special Court for Sierra Leone and its vital contri- over its revenues and expenditures, assisting in butions to the establishment of the rule of law in Sierra national recovery efforts, helping Liberia meet Leone and the subregion, and encouraging all States to the requirements for the lifting of sanctions im- cooperate fully with the Court as it implements its posed by the Security Council and retaining the completion strategy, confidence of donors. He urged the Government Noting that the United Nations Mission in Sierra to reach an early agreement on the programme Leone is scheduled to end its operations on 31 Decem- ber 2005, for consideration by the Council. Although the Recalling the briefing by the President of the Special transitional process prescribed by the Compre- Court for Sierra Leone to the Security Council on 24 hensive Peace Agreement would conclude upon May 2005, in which he stressed the need for a continu- the inauguration of the newly elected Govern- ing international security presence to provide protec- ment in January 2006, the Secretary-General said tion for the Court after the departure of the Mission, that the peace process would still face many chal- and welcoming the recommendations of the Secretary- lenges. General in this regard, Determining that the situation in Liberia continues In the light of the new phase of UNMIL opera- to constitute a threat to international peace and secu- tions, the Secretary-General recommended that rity in the region, its mandate be extended for a period of 12 Acting under Chapter VII of the Charter of the months, until 19 September 2006. United Nations,

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1. Decides that the mandate of the United Nations ment and without prejudice to their mandates, to Mission in Liberia shall be extended until 31 March continue their efforts towards enhancing inter-mission 2006; cooperation, especially with regard to the prevention 2. Calls upon all Liberian parties to demonstrate of cross-border movement of arms and combatants their full commitment to a democratic process of gov- and the illicit exploitation of natural resources and in ernment by ensuring that the upcoming presidential the implementation of disarmament, demobilization and legislative elections are peaceful, transparent, free and reintegration programmes; and fair; 12. Welcomes the efforts undertaken by the Mission 3. Calls upon the international community to re- to implement the Secretary-General’s zero-tolerance spond to continuing needs for resources for the reha- policy on sexual exploitation and abuse and to ensure bilitation and reintegration of ex-combatants and for full compliance of its personnel with the United security sector reform; Nations code of conduct, and requests the Secretary- 4. Looks forward to the implementation of the Gov- General to take all necessary action in this regard and ernance and Economic Management Assistance Pro- to keep the Security Council informed, and urges gramme by the National Transitional Government of troop-contributing countries to take appropriate pre- Liberia and succeeding governments of Liberia in col- ventive action, including conducting predeployment laboration with their international partners, and re- awareness training, and to take disciplinary action and quests the Secretary-General to include information other action to ensure that allegations of sexual exploi- on the progress of this implementation in his regular tation or abuse against their personnel are properly in- reports on the Mission; vestigated and, if substantiated, punished; 5. Authorizes the Mission, subject to the consent of 13 . Requests the Secretary-General to provide rec- the troop-contributing countries concerned and of the ommendations on a drawdown plan for the Mission, Government of Sierra Leone, to deploy from Novem- including specific benchmarks and a tentative sched- ber 2005 up to 250 United Nations military personnel ule, in his March 2006 report; to Sierra Leone to provide security for the Special 14 . Also requests the Secretary-General to continue to Court for Sierra Leone, as recommended in para- keep the Council regularly informed on the progress graphs 90 to 94 of the report of the Secretary-General of the Mission in the implementation of its mandate; of 1 September 2005; 15. Decides to remain actively seized of the matter. 6. Authorizes a temporary increase in the personnel ceiling of the Mission, to a total of 15,250 United Nations military personnel, for the period from 15 No- Elections vember 2005 to 31 March 2006 in order to ensure that Pre-election activities. The Secretary-General the support provided to the Court does not reduce the reported in March [S/2005/177] that with the sign- capabilities of the Mission in Liberia during its politi- ing into law of the Electoral Reform Bill in De- cal transition period; cember 2004, the National Elections Commission 7. Authorizes the Mission, subject to the consent of developed the legal and policy framework for the the troop-contributing countries concerned and of the Government of Sierra Leone, to deploy an adequate elections by adopting guidelines on the registra- number of military personnel to Sierra Leone, if and tion of political parties, independent candidates, when needed, to evacuate military personnel of the and coalitions and alliances. With UNMIL assist- Mission deployed to Sierra Leone pursuant to para- ance, it formulated regulations on voter registra- graph 5 of the present resolution and officials of the tion, a code of conduct for Commission staff and Court in the event of a serious security crisis affecting accreditation guidelines for national and inter- those personnel and the Court; national observers. It introduced a process 8. Requests the United Nations Integrated Office in Sierra Leone, once established, to assist in provid- whereby political parties would draft their own ing logistics support for military personnel of the Mis- code of conduct. The Commission began the sion deployed to Sierra Leone pursuant to the present civic education campaign in January and, on resolution; 7 February, announced the electoral timetable: 9. Requests the Secretary-General and the Govern- voter registration would take place from 25 April ment of Sierra Leone to conclude an agreement re- to 21 May and the voter registers would be exhib- garding the status of military personnel of the Mission ited from 27 June to 1 July; elections would be deployed to Sierra Leone pursuant to the present reso- held on 11 October and the results would be an- lution, taking into account General Assembly resolu- tion 59/47 of 2 December 2004 on the scope of legal nounced by 26 October. protection under the Convention on the Safety of Election messages targeting various segments United Nations and Associated Personnel, and decides of the population, including women, youth and that, pending the conclusion of such an agreement, the ex-combatants, were prepared and media devel- model status-of-forces agreement dated 9 October opment training provided to radio station man- 1990 shall apply provisionally; agers and journalists. UNMIL was to deploy its 10. Supports the recommendation of the Secretary- electoral staff to 11 counties by mid-March and General to return to the ceiling of United Nations mil- itary personnel authorized in resolution 1509(2003) by set up electoral offices in 17 major locations by 31 March 2006; 21 March. Its troops provided security for the 11. Encourages the United Nations missions in the establishment of county electoral offices and region, within their capabilities and areas of deploy- identification of voter registration locations, as

YUN05—4th proofs Dec. 24 2007 266 Political and security questions well as escort for electoral officials and logistics European Commission and the International support for the distribution of election materials Foundation for Election Systems. throughout the country. The Secretary-General Elections. The voting on 11 October was or- strongly recommended the deployment of a fifth derly and peaceful with no serious security inci- formed police unit for six months beginning in dents reported. Voter turnout was 74.9 per cent. August, to reinforce UNMIL capacity to maintain Nine political parties and three independent a secure environment during the electoral pe- candidates won seats in the 30-seat Senate. Five of riod. The UNMIL Gender Unit, in cooperation the newly elected Senators were women (16.7 per with relevant partners and stakeholders, was cent). Eleven political parties and seven indepen- working to ensure fair and genuine representa- dent candidates obtained seats in the 64-seat tion of women in the electoral process. House of Representatives. As none of the presi- The Secretary-General reported in June dential candidates received more than 50 per [S/2005/391] that the voter registration process, cent of the votes in the first-round election, the held from 25 April to 21 May, was a notable suc- National Elections Commission scheduled a run- cess. Some 1.3 million voter registration forms off election on 8 November between the two can- were received from the 1,511 registration centres, didates with the most votes: George Weah of the which were supported by 1,039 static and mobile Congress for Democratic Change (CDC) (28.3 per teams deployed nationwide to conduct the regis- cent) and Ellen Johnson-Sirleaf of the Unity tration. Returning refugees were allowed an ad- Party (19.8 per cent). Although negative cam- ditional two-week period to register. paigning contributed to a somewhat tense politi- cal atmosphere, the run-off election took place in The Secretary-General reported in September a peaceful atmosphere. On 9 November, as the [S/2005/560] that 22 political parties had been reg- National Elections Commission released the re- istered; eight others were registered under the sults, Mr. Weah’s party, CDC, claimed having evi- umbrella of two alliances and one coalition, dence of “massive and systematic” fraud during namely, the Alliance for Peace and Democracy, the run-off, submitted its complaints to the Com- the United Democratic Alliance and the Coali- mission and filed a petition with the Supreme tion for the Transformation of Liberia. Several Court to suspend ballot counting. CDC support- key milestones were reached, including the issu- ers held demonstrations in Monrovia, requesting ance of the Writ of Election on 13 July, the publi- a rerun of the elections. Tocalm the situation, the cation of the electoral districts on 15 July, the Secretary-General telephoned the two candidates nomination of candidates from 21 July to 6 Au- to urge their supporters to exercise patience and gust, and the beginning of the campaign period allow the vote counting to be completed. On 16 on 15 August. The voters’ register was exhibited November, the Elections Commission began from 30 June to 2 July, followed by the determi- open hearings on 16 complaints alleging irregu- nation of rejections and challenges and conse- larities; UNMIL initiated a review aimed at track- quent adjustments to the register. As of 1 Sep- ing the movement of all ballot papers. tember, the number of registered voters stood at On 23 November, the final official results of 1,353,556. the run-off, as certified by the Board of Commis- The official list of candidates was published on sioners of the National Elections Commission, 15 August. The National Elections Commission were announced: Mrs. Johnson-Sirleaf obtained approved 22 presidential candidates, 22 vice- 59.4 per cent of the vote and Mr. Weah, 40.6 per presidential candidates, 205 candidates for the cent out of 805,572 valid votes cast. Voter turnout Senate and 513 to the House of Representatives. was 61 per cent. In keeping with the Electoral Re- Earlier, on 25 July, the Commission approved form Law, the parties were allowed one week to regulations on complaints and appeals, establish- protest the declaration of the results, and the ing its original jurisdiction over specified elec- Elections Commission one month to respond. toral offences; campaign finance guidelines and The complainants could also appeal the ruling of forms; directives to magistrates on their legal ob- the Commission with the Supreme Court. ligations in the electoral process; polling and The first round of the elections was monitored counting procedures and related guidelines and by 436 international electoral observers, and the regulations. second by 302, who characterized them as peace- UNMIL and the UN country team assisted the ful, orderly, free, fair and transparent. Commission in overcoming the significant oper- The Secretary-General later reported [S/2006/ ational challenges of holding three elections on 159] that, on 16 December, the National Elections the same day during the rainy season in condi- Commission concluded its hearings on the CDC’s tions of poor road networks. Direct technical as- complaints of irregularities and ruled that, while sistance to the Commission was provided by the minor technical errors might have occurred in

YUN05—4th proofs Dec. 24 2007 Africa 267 the electoral process, there had been no intent to to restoring stability in Liberia and the West African commit fraud. On 21 December, following subregion, and acknowledging that Nigeria acted with appeals from several regional leaders, Mr. Weah broad international support when it decided to pro- vide for the temporary stay in Nigeria of former Pres- announced that he would not challenge the ident Charles Taylor, Commission’s ruling in the Supreme Court. Stressing that former President Taylor remains That paved the way for arrangements for the under indictment by the Special Court for Sierra Le- installation of the President-elect, Mrs. Johnson- one, and determining that his return to Liberia would Sirleaf. constitute an impediment to stability and a threat to EU statement. The EU, in an 11 November the peace of Liberia and to international peace and se- statement [S/2005/802], called upon the candi- curity in the region, dates, their parties and supporters to continue to Acting under Chapter VII of the Charter of the demonstrate the responsible attitude they had United Nations, shown during the campaigning and voting, and 1. Decides that the mandate of the United Nations Mission in Liberia shall include the following addi- to abide by established procedures. It also reiter- tional element: to apprehend and detain former Pres- ated the importance for the new Government, ident Charles Taylor in the event of a return to Liberia Senate and House of Representatives to co- and to transfer him or facilitate his transfer to Sierra operate fully with the international community Leone for prosecution before the Special Court for in ensuring that the former President of Liberia Sierra Leone, and to keep the Government of Liberia, was brought before the Special Court for Sierra the Government of Sierra Leone and the Security Leone. Council fully informed; 2. Decides also to remain actively seized of the mat- ter. UNMIL mandate to apprehend former President of Liberia Further peace process developments The Secretary-General noted in his September report (above) that some Governments and hu- Report of Secretary-General (December). man rights organizations continued to call on Ni- The Secretary-General, in his December pro- geria to hand over to the Special Court for Sierra gress report on UNMIL [S/2005/764], describing de- Leone the former President of Liberia, Charles velopments related to the October presidential Taylor, under indictment by the Court and in and legislative elections (see p. 266) and further asylum in Nigeria (see p. 287). The Minister of progress made in the implementation of the 2003 Justice of Liberia, in a 5 July statement, alleged Comprehensive Peace Agreement and the factors that Mr. Taylor had been meddling in Liberian that hampered completion of a number of the politics and thus called for a review of the agree- priorities set out in the Agreement. ment for his asylum, a statement from which the The report pointed out that, in the prevailing National Transitional Government dissociated it- calm but fragile security environment, poten- self. The July special summit of the Mano River tially serious security challenges could come Union (see p. 228) issued a communiqué indicat- from the armed forces personnel not satisfied ing that a review or a referral of the matter by Ni- with their demobilization and retirement bene- geria to ECOWAS might be necessary. For its part, fits; restive ex-combatants awaiting reintegration Nigeria reaffirmed its commitment to honour opportunities; CDC supporters disgruntled over the asylum agreement and hand over Mr. Taylor the run-off elections; members of the former only at the request of the incoming Government Anti-Terrorist Unit wanting to participate in the of Liberia. demobilization programme; and security prob- lems in western Côte d’Ivoire. SECURITY COUNCIL ACTION Further progress was made in the training and On 11 November [meeting 5304], the Security restructuring of the Liberian National Police. Council unanimously adopted resolution 1638 The previously announced target of 1,800 (2005). The draft [S/2005/710] was submitted by trained police was achieved by the time of the Oc- Denmark, the United Kingdom and the United tober elections. More than 300 Special Security States. Service personnel and 152 Liberian Seaport Po- lice had graduated from the UN training pro- The Security Council, gramme. The Government approved a new Recalling its previous resolutions and the statements by its President concerning Liberia, Sierra Leone and structure for the Special Security Service, reduc- West Africa, ing its current strength of 1,287 to 395, including Affirming its commitment to the sovereignty, political 35 civilian staff. Under the programme to re- independence and territorial integrity of Liberia, structure the Armed Forces of Liberia, led by the Expressing its appreciation to Nigeria and its Pres- United States, the first phase of the demobiliza- ident, Mr. Olusegun Obasanjo, for their contributions tion of 9,400 irregular personnel recruited into

YUN05—4th proofs Dec. 24 2007 268 Political and security questions the armed forces after the outbreak of the civil lated in the Comprehensive Peace Agreement, war in 1989 was successfully completed on 10 Sep- which would end in January 2006 with the instal- tember. The second phase, under which 4,273 lation of the new Government, and congratu- regular personnel recruited before the conflict lated Mrs. Johnson-Sirleaf on her victory in the were to be retired, began on 17 October; only presidential election. He said the achievements 2,227 had been retired by 1 December, as fund- made during the transition period—the disarma- ing for that phase was $3 million short. In that re- ment of combatants, the disbandment of the for- gard, recruitment and training for the new mer armed factions, the establishment of a stable armed forces could not begin before completion security environment throughout the country, of the second phase. Due to acute budgetary con- the partial restoration of State authority in the straints, the projection of overall troop strength counties, the resettlement of a substantial num- for the new Armed Forces of Liberia was reduced ber of internally displaced persons and returning from 4,000 to 2,000—a level to be kept under re- refugees, the establishment of the Truth and view to take account, not only of resource avail- Reconciliation Commission, the launching of the ability, but also of long-term national require- security sector reform programme and the agree- ments and potential external threats. UNMIL ment to establish the Governance and Economic continued to work with the Government on the Management Assistance Programme—all had restructuring of other law enforcement agencies. laid a good foundation upon which the new Gov- To bring the Truth and Reconciliation Com- ernment should build. mission into operation, the Government on 18 The challenges ahead were formidable for a October appointed nine commissioners from a country still in the early stages of reconstruction list of 150 publicly nominated candidates. In ad- and rehabilitation, as major residual tasks from dition, OHCHR submitted the name of one of the transition period remained to be completed, three international technical advisers to support including the reintegration of war-affected per- the Commission’s operations; ECOWAS would des- sons and ex-combatants; consolidation of State ignate the other two. The independent expert on authority throughout the country; promotion of the promotion and protection of human rights in human rights; rehabilitation of the judicial Liberia, during his second visit to the country (25 system; advancement of security sector reform September–7 October), expressed concern about and implementation of the economic governance the weak state of the rule of law and welcomed programme. Other pressing priorities not part of the inception of the Commission. UNMIL also the transition programme that required attention launched its first bimonthly public report on the were constitutional reform, economic recovery, human rights situation in Liberia poverty reduction and the provision of such basic The Government achieved mixed progress in services as water and electricity. gaining full control over the exploitation of the From the outset, the new Government would country’s natural resources. To fulfil the condi- need to focus on economic governance issues, tions for admission to the Kimberley Process particularly in the management of funds and Certification Scheme for the export of rough dia- natural resources. With the mandate of the Gov- monds, a chief implementing officer was ap- ernance Reform Commission expiring in Janu- pointed and 120 mineral agents and inspectors ary 2006, Liberia’s international partners stood were deployed throughout the country. However, ready to discuss a successor arrangement to move in Gbarpolu and Nimba counties, where dia- the governance reform process forward. The mond deposits had been recently discovered, Contracts and Monopolies Commission was to be local officials were reportedly engaged in the ille- replaced by the Public Procurement and Conces- gal sale of mining permits. In the forestry sector, sions Commission as from 1 January 2006. the Government referred fraudulently granted The Secretary-General hoped the new Gov- concessions to the Ministry of Justice for action, ernment would promptly open an effective and and lifted the ban on pit-sawing imposed in 2004 sustained dialogue with the people of Liberia, fo- by the Forestry Development Authority to reduce cusing on programmes to improve their living the level of deforestation. The World Bank dis- conditions in the shortest possible time and on bursed $1 million through the Global Environ- policy and institutional reforms pivotal to politi- ment Facility for a project to support the Author- cal stability and economic progress. Under the ity’s activities to protect Sapo National Park, leadership of his Special Representative, UNMIL following the evacuation of over 1,000 people and the UN country team were developing a illegally residing, hunting and mining there. peacebuilding framework to guide UN support The Secretary-General observed that the elec- for the new Government. tions constituted the penultimate step towards Appointment. On 28 December [SG/A/966], the completing the two-year transition period stipu- Secretary-General appointed Jordan Ryan (United

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States) as his Deputy Special Representative for undermining Liberia’s endeavours to meet the Recovery and Good Governance for Liberia, requirements of the Security Council for lifting with effect from 1 January 2006. He would the embargo on exporting rough diamonds. also serve as the United Nations Resident Coor- The training of outstation personnel for the dinator and Humanitarian Coordinator in the Bureau of Mines, including regional coordina- country. tors, mining agents and mineral inspectors, con- tinued but a lack of funding prevented them Sanctions from being placed on the payroll and deployed to The Security Council received several reports the field. The issuance of all diamond-mining on the implementation of sanctions imposed on licences and permits was suspended, effective Liberia pursuant to Council resolutions 1521 from 14 January, which essentially outlawed all (2003) [YUN 2003, p. 208] and 1579(2004) [YUN 2004, diamond-mining activity, and a moratorium p. 210]. Those sanctions banned arms and related placed on alluvial diamond prospecting. While materiel, military training, the export of Li- the Panel commended the Ministry of Lands, berian timber products and rough diamonds, and Mines and Energy initiative to combat the illegal international travel by individuals so designated, export of diamonds, the legality of the suspen- who constituted a threat to the peace process in sion under the Liberian Constitution had been Liberia and the subregion. Financial sanctions questioned. Furthermore, the Ministry lacked had also been imposed on former President the institutional capacity and authority to en- Charles Taylor and his immediate family by reso- force the policy in remote mining areas. Slow lution 1532(2004) [ibid., p. 204]. funding had curtailed progress on a capacity- building project designed to improve implemen- Appointment of Panel. On 17January [S/2005/ tation of the Kimberley Process Certification 35], the Secretary-General informed the Council Scheme and on the completion of the facilities to of his appointment of five members of the Panel house the assaying and computer equipment for of Experts established pursuant to resolution the Scheme. Aerial surveys of established mining 1579(2004), which was mandated to conduct an areas in Nimba County and the Upper Lofa River assessment mission to Liberia and neighbouring region were conducted by the Panel with UNMIL States in order to report on the implementation assistance. Despite the mining moratorium in of resolution 1521(2003) and any violations of the force, the Panel estimated illegal domestic sanctions imposed by that resolution and those diamond production at $350,000 per month. imposed by resolution 1532(2004); progress made towards meeting the conditions for lifting The Kimberley Process expert mission visited the sanctions; and the humanitarian and socio- Liberia from 14to 18 February and assessed steps economic impact of the measures imposed by res- taken by the Government to apply for participa- olution 1521(2003). tion in the Kimberley Process Certification Scheme. The expert mission found that Liberia An 11 February press statement [SC/8308] had not met the requirements for participating in chronicled the fifth meeting (New York, 4 Febru- the scheme, as the country lacked functional in- ary) of the Security Council Committee estab- ternal controls and monitoring systems. Further- lished pursuant to resolution 1521(2003), at more, the absence of UNMIL peacekeepers, State which the Panel of Experts presented their pro- security and government administration in the gramme of work, which was scheduled to run diamond-producing regions in the west, was con- through 21 June 2005. In Liberia, the Panel tributing to illegal mining activities in the would hold meetings with individuals inside and country. The Panel of Experts shared the view of outside the Government and visit a number of the expert mission and concluded that Liberia relevant sites. was not yet in a position to make a successful ap- plication for participation in the Kimberley Pro- Implementation of sanctions regime cess. Report of Expert Panel (March). The Panel of Report of Expert Panel (June). The Panel of Experts established pursuant to Security Council Experts submitted a June report [S/2005/360], resolutions 1521(2003) and 1579(2004) concern- pursuant to paragraph 8 (f) of Security Council ing Liberia transmitted a March interim report resolution 1579(2004), which contained an assess- [S/2005/176] to the Council, which contained the ment on all sanctions. The Panel noted that UN assessment on diamonds. Having visited the forces, including civilian police, had discovered a country in February and worked closely with substantial number of weapons and ammunition, the Kimberley Process expert mission, as well as including a weapons cache discovered in Febru- the Liberian Ministry of Lands, Mines and En- ary in Vahun, Lofa County. A local civilian source ergy,the Panel identified developments that were and an UNMIL security officer were of the opin-

YUN05—4th proofs Dec. 24 2007 270 Political and security questions ion that more caches existed. Unfortunately, in As funding to implement mechanisms for par- some cases, all or part of the weapons caches re- ticipation in the Kimberley Process Certification ported to UNMIL for investigation were moved Scheme would remain suspended until outstand- before UNMIL forces arrived, due to information ing questions regarding the WAMCO deal had leaks. Reports of the recruitment of former com- been answered, the Panel recommended that in- batants for Côte d’Ivoire, Guinea and Sierra Le- ternational donors interested in diamond sector one remained a concern, which threatened sta- reform work quickly with the Government and bility in the subregion. The Special Court for WAMCO to resolve the issue. It concluded that lev- Sierra Leone had reported its suspicions to the els of illegal mining and export of Liberian dia- Panel that Charles Taylor had gone to Burkina monds would continue to grow steadily. As the Faso from Nigeria in violation of the travel ban Government lacked the capacity to deal with the and had been in permanent phone contact with problem and unchecked mining activity would his accomplices in Liberia. The Panel could not pose an increasing threat to security and stability verify those reports. in the mining areas, the Panel recommended that UNMIL be given a robust mandate to assist the The Panel recommended that UNMIL units in Government with its control of illegal mining in charge of criminal investigations be given a spe- order to maintain security. It also advised that an cial mandate to undertake independent inquiries external independent supervisory management in order to recover weapons and monitor the pos- structure for Liberia’s mineral resources would sible recruitment of former combatants and to be the best solution to problems concerning man- investigate violations of any of the sanctions, in- agerial professionalism and administrative trans- cluding diamonds, timber, the travel ban and sei- parency. zures of assets. A witness protection programme should be established and legal protection from While the Panel indicated that there had been prosecution should be given to undercover no evidence of timber exports or any detection of agents and informants. industrial logging, pit-sawing—the processing of logs using chainsaws—had been increasing, in Despite repeated denials to the contrary by the spite of the ban on that activity since 15 Septem- Ministry of Lands, Mines and Energy, the Panel ber 2000. The Panel concluded that, while the ex- was able to confirm that a mining cooperatives port sanctions were effective, the domestic indus- support/mineral purchase agreement between try continued to operate illegally and few of the Liberia and the West Africa Mining Corporation necessary reforms had been implemented. In ad- Limited (WAMCO) had been signed on 19January. dition to its previous recommendations, the The contract was not subject to an open, competi- Panel proposed that a management organization tive tender process, nor was it referred to the to control the forestry sector should be estab- Monopolies and Contracts Commission. The lished. sweeping rights awarded WAMCO under the con- The Panel determined that the Government’s tract for the exclusive purchase of virtually all financial administration was weak, with non- minerals in Liberia to the west of the St. Paul existent internal control systems and ineffective River would adversely impact market competi- external oversight. A lack of transparency and ac- tion, deny diggers a fair price for their goods, and countability in the system allowed import reve- ultimately encourage diamond smuggling to nue to leak from Government coffers and the more favourable markets in neighbouring coun- method used in siphoning off Government reve- tries. The secrecy surrounding the WAMCO agree- nues appeared to be the same as during the re- ment had stalled the Government’s progress in gime of Charles Taylor, who continued to be pro- meeting the Security Council requirements for vided, according to unconfirmed reports, with lifting the embargo on rough diamond exports. monetary support from those funds. In particular, funding pledged by the United States and international donors for the imple- The Panel concluded that the assets freeze had mentation of internal control structures, as well been ineffective. The Government had not taken as the provision of equipment and technical as- action to implement it and the time lag between sistance had been put on hold. Furthermore, the the travel ban resolution and the issuance of the mining moratorium had failed to curb illegal ac- assets freeze list had allowed time for concerned tivity,which was steadily increasing and had risen individuals to transfer funds to some $500,000 per month. The Panel had also Report of Secretary-General (June). Also in received reports that Liberian diamonds were be- June [S/2005/376], pursuant to Security Council ing trafficked through Guinea and Sierra Leone, resolution 1579(2004), the Secretary-General and that Banjul and Bamako had become key submitted a report on progress made by Liberia trans-shipment points for uncertified diamonds. in meeting the conditions of resolution 1521

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(2003) relating to the arms embargo, travel ban, the illicit trade in such resources, and the proliferation diamond sanctions and timber sanctions. and trafficking of arms and the recruitment and use of The Secretary-General observed that the Gov- mercenaries as one of the sources of fuelling and exac- erbating conflicts in West Africa, particularly in Li- ernment continued to take steps towards meeting beria, the conditions contained in resolution 1521 Recalling that the measures imposed under resolu- (2003). With regard to the arms embargo, the tion 1521(2003) of 22 December 2003 were designed to ending of the disarmament and demobilization prevent such illegal exploitation from fuelling a re- process and the dissolution of the armed factions sumption of the conflict in Liberia, as well as to had signalled the completion of the implementa- support the implementation of the Comprehensive tion of the ceasefire agreement. However, a key Peace Agreement signed at Accra on 18 August 2003 and the extension of the authority, throughout Liberia, condition for lifting the arms embargo and travel of the National Transitional Government of Liberia, ban was full implementation of the Comprehen- Expressing its concern that, while the deployment of sive Peace Agreement, including the holding of the United Nations Mission in Liberia has contributed national elections (see p. 266), installation of a to the improvement of security throughout Liberia, new Liberian Government, scheduled to take the National Transitional Government of Liberia has place in 2006, and the laying of foundations for not yet established its authority throughout Liberia, sustainable development and good governance. Emphasizing the need for the international com- Furthermore, delays in the restructuring of the munity to help the National Transitional Government of Liberia to increase its capacity to establish its au- armed forces and the provision of reintegration thority throughout Liberia, particularly to establish opportunities for former combatants remained a its control over the diamond-producing and timber- threat to stability and the success of the transi- producing areas and Liberia’s borders, tional process. Expressing deep concern at information that former Despite some progress in meeting the condi- President of Liberia Charles Taylor and others still tions for lifting the diamond sanctions, such as closely associated with him continue to engage in activ- the training and deployment of mineral inspec- ities that undermine peace and stability in Liberia and tors and the construction of a centre for apprais- the region, Having reviewed the measures imposed by para- ing and certifying rough diamonds, the Govern- graphs 2, 4, 6 and 10 of resolution 1521(2003) and para- ment lacked the capacity to ensure effective graph 1 of resolution 1532(2004) of 12 March 2004 and control over diamond-producing areas and Libe- the progress made towards meeting the conditions set ria’s borders. As UNMIL lacked both the mandate forth in paragraphs 5, 7 and 11 of resolution 1521 and the troop levels to perform such a role, the (2003), Secretary-General recommended that the Secu- Welcoming the assessment of the Panel of Experts rity Council consider broadening the mandate that there is no evidence of illegal timber being ex- ported from Liberia, but noting with concern that few and increasing UNMIL’s resources to enable the of the reforms in the National Transitional Govern- Mission to assist the Government in providing se- ment of Liberia road map necessary to meet the condi- curity in the diamond and timber-producing tions set forth in paragraph 11of resolution 1521(2003) areas. With respect to the timber industry, gov- for lifting the measures on timber imposed by para- ernmental reforms to ensure that revenues were graph 10 of resolution 1521(2003) have been imple- used for legitimate purposes had not been imple- mented, mented. The Secretary-General recommended Acknowledging the recent completion of the Forest that the Government invite an internationally Concession Review, and welcoming the report of the Forest Concession Review Committee, recognized forestry management team to tempo- Welcoming the progress made by the National Transi- rarily oversee operations in the forestry sector. tional Government of Liberia in the training of diamond mining officials, but noting with serious con- SECURITY COUNCIL ACTION cern the increase in unlicensed mining and illegal ex- On 21 June [meeting 5208], the Security Council ports of diamonds and the agreement to, and lack of unanimously adopted resolution 1607(2005). transparency in, granting exclusive mining rights to a The draft [S/2005/401] was prepared in consulta- single company by the National Transitional Govern- tions among Council members. ment, Noting with concern the limited progress made by the The Security Council, National Transitional Government of Liberia towards Recalling its previous resolutions and statements by establishing transparent financial management sys- its President on the situation in Liberia and West Af- tems that will help ensure that government revenues rica, are not used to fuel conflict or otherwise used in viola- Taking note of the reports of the Panel of Experts on tion of the resolutions of the Council but are used for Liberia of 17 March and 13 June 2005, and the report legitimate purposes for the benefit of the Liberian of the Secretary-General of 7 June 2005, submitted people, including development, pursuant to resolution 1579(2004) of 17 June 2004, Taking note of the ongoing discussions regarding a Recognizing the linkage between the illegal exploita- Liberia Economic Governance Action Plan, designed tion of natural resources such as diamonds and timber, to ensure prompt implementation of the Comprehen-

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sive Peace Agreement and to expedite the lifting of transparent accounting and auditing mechanisms to measures imposed by resolution 1521(2003), and ex- ensure the responsible use of government revenue to pressing its intention to consider, as appropriate, the benefit directly the people of Liberia; Action Plan, 8. Emphasizes its concern that the National Transi- Emphasizing that, despite completion of demobiliza- tional Government of Liberia has taken no action to tion and disarmament, significant challenges remain implement its obligations under paragraph 1 of reso- in completing the reintegration and repatriation of ex- lution 1532(2004), and calls upon the Government to combatants and the restructuring of the security sec- take such action immediately, particularly by adopting tor, as well as establishing and maintaining stability in the necessary domestic legislation, with technical Liberia and the subregion, support provided by Member States; Determining that the situation in Liberia continues to 9. Notes that the measures on arms, travel and tim- constitute a threat to international peace and security ber imposed by paragraphs 2, 4 and 10 respectively of in the region, resolution 1521(2003) and renewed by paragraph 1 of Acting under Chapter VII of the Charter of the resolution 1579(2004) remain in force until 21 Decem- United Nations, ber 2005; 1. Decides, on the basis of its assessments above of 10. Urges the Mission to intensify its efforts, as progress made by the National Transitional Govern- mandated in resolution 1509(2003) of 19 September ment of Liberia towards meeting the conditions for 2003, to assist the National Transitional Government lifting the measures imposed by resolution 1521(2003), of Liberia in re-establishing its authority throughout to renew the measures on diamonds imposed by para- Liberia, including diamond-producing and timber- graph 6 of resolution 1521(2003) for a further period producing areas, and restoring proper administration of six months from the date of adoption of the present of natural resources; resolution; 11. Reiterates the importance of the Mission to con- 2. Urges the National Transitional Government of tinue to provide assistance to the National Transitional Liberia to intensify its efforts, with the support of the Government of Liberia, the Security Council Commit- United Nations Mission in Liberia, to establish its au- tee established pursuant to paragraph 21 of resolution thority over the diamond-producing areas and to work 1521(2003) (hereinafter “the Committee”) and the towards establishing an official certificate-of-origin re- Panel of Experts, within its capabilities and areas of gime for trade in rough diamonds that is transparent deployment and without prejudice to its mandate, in and internationally verifiable, with a view to joining the following areas: the Kimberley Process; (a) Monitoring the implementation of the measures 3. Reiterates the Council’s readiness to terminate all in paragraphs 2, 4, 6 and 10 of resolution 1521(2003) in measures imposed by resolution 1521(2003) once the accordance with paragraph 23 of that resolution; conditions set forth in paragraphs 5, 7 and 11 of that (b) Supporting efforts by the National Transitional resolution have been met; Government to prevent violations of those measures, 4. Calls upon the National Transitional Govern- and reporting any such violations; ment of Liberia urgently to intensify its efforts to re- (c) Collecting, as appropriate, arms and any related form the Forestry Development Authority, to imple- materiel brought into Liberia in violation of the meas- ment the Liberia Forest Initiative and to implement ures taken by States to implement paragraph 2 of reso- the recommendations of the Forest Concession Review lution 1521(2003), and disposing of such arms and re- Committee for reform, which will ensure transpar- lated materiel as appropriate; ency, accountability and sustainable forest manage- (d) Assisting the National Transitional Government ment and contribute towards the lifting of the meas- in monitoring the recruitment and movement of ex- ures on timber set forth in paragraph 10 of resolution combatants, and reporting any relevant information to 1521(2003); the Panel of Experts and the Committee, in order to 5. Invites the National Transitional Government of reduce the opportunity for ex-combatants to under- Liberia to consider, with the assistance of international mine the peace process or provoke renewed instability partners and for a specific time period, the possibility in Liberia and the subregion; of commissioning independent external advice on the (e) Developing a strategy, in conjunction with the management of Liberia’s diamond and timber re- Economic Community of West African States and sources, in order to increase investor confidence and other international partners, to consolidate a national attract additional donor support; legal framework as mandated in resolution 1509(2003), 6. Notes that the measures imposed by paragraph 1 including the implementation by the National Transi- of resolution 1532(2004) remain in force to prevent tional Government of the measures in paragraph 1 of former President of Liberia Charles Taylor, his imme- resolution 1532(2004); diate family members, senior officials of the former 12. Calls upon the United Nations Mission in Libe- Taylor regime, or other close allies or associates from ria, the United Nations Mission in Sierra Leone and using misappropriated funds and property to interfere the United Nations Mission in Côte d’Ivoire to inten- in the restoration of peace and stability in Liberia and sify their cooperation, within their capabilities and the subregion, and reconfirms its intention to review areas of deployment and without prejudice to their these measures at least once a year; mandates, to monitor arms trafficking and recruit- 7. Reiterates its intention to consider whether and ment of mercenaries within the subregion; how to make available to the Government of Liberia 13 . Reiterates its call upon the international donor the funds, other financial assets and economic re- community to continue to provide assistance to the peace sources frozen pursuant to paragraph 1 of resolution process, including for reintegration of ex-combatants 1532(2004), once that Government has established and reconstruction, to contribute generously to consol-

YUN05—4th proofs Dec. 24 2007 Africa 273 idated humanitarian appeals, to disburse as soon as Report of Expert Panel (December). The possible the pledges made at the International Recon- Panel of Experts transmitted a report [S/2005/745] struction Conference on Liberia, held in New York on to the Security Council on 7 December, pursuant 5 and 6 February 2004, and to respond to the financial, administrative and technical needs of the National to resolution 1607(2005), containing an assess- Transitional Government of Liberia, in particular to ment of all sanctions, including diamonds, timber, assist the Government to meet the conditions referred arms and travel, as well as updates on financial to in paragraph 3 above, so that the measures can be matters, the assets freeze and the humanitarian lifted as soon as possible; and socio-economic impact of the sanctions on 14 . Decides to re-establish the Panel of Experts ap- Liberia. On 22 June, following a directive by a 90 pointed pursuant to resolution 1579(2004) for a fur- per cent shareholder, WAMCO officially termi- ther period until 21 December 2005 to undertake the nated its mining contract with the Ministry of following tasks: Lands, Mines and Energy. The Ministry, in col- (a) To conduct a follow-up assessment mission to Li- laboration with an international mineral explo- beria and neighbouring States in order to investigate and compile a report on the implementation, and any ration company, established laboratories for geo- violations, of the measures imposed by resolution logical testing and mapping, completed the 1521(2003), including any information relevant to the training and deployment of outstation personnel designation by the Committee of the individuals de- and issued invitations to international companies scribed in paragraph 4 (a) of resolution 1521(2003) and to bid for work necessary to achieve compliance paragraph 1 of resolution 1532(2004), and including with the Kimberley Process Certification the various sources of financing, such as from natural Scheme. As a result of the WAMCO issue (see resources, for the illicit trade of arms; p. 270) the $1.4 million pledged for disbursement (b) To assess the impact and effectiveness of the measures imposed by paragraph 1 of resolution 1532 by the United States for training, acquisition of (2004); Kimberley Process certificates and database pro- (c) To assess the progress made towards meeting the duction would not be available until the new Gov- conditions for lifting the measures imposed by resolu- ernment took office in January 2006. The Panel tion 1521(2003); concluded that, as Liberia was not in a position to (d) To assess the humanitarian and socio-economic make a successful application to participate in the impact of the measures imposed by paragraphs 2, 4, 6 Kimberley Process, Liberian production threat- and 10 of resolution 1521(2003); ened the credibility of the certification schemes (e) To report to the Council by 7 December 2005, in neighbouring States. Encouraging donors to through the Committee, on all the issues listed in the disburse funding for structural reform, the Panel present paragraph, and to provide informal updates to recommended that UNMIL mandate be extended the Committee, as appropriate, before that date, espe- cially on progress made towards meeting the condi- to assist Liberia in restoring the rule of law in tions for lifting the measures imposed by paragraphs 6 mining areas and that the international com- and 10 of resolution 1521(2003); munity provide technical and material assistance (f) To cooperate with other relevant groups of ex- to non-diamond-producing States to enable them perts, in particular the group of experts on Côte to participate in the Kimberley Process. d’Ivoire established pursuant to resolution 1584(2005) Sanctions on timber had been effective and of 1 February 2005; there were no reports of major exports. However, 15. Requests the Secretary-General, acting in consul- given the perceived conspiracy between the Gov- tation with the Committee, to appoint as soon as possi- ble no more than five experts, with the appropriate ernment and the timber industry over the past 25 range of expertise, in particular on arms, timber, dia- years, the Forest Concession Review Committee monds, finance, humanitarian and socio-economic recommended cancellation of each concession and any other relevant issues, drawing as much as pos- and that the sector be completely reformed. sible on the expertise of the members of the Panel of Concerns regarding the arms embargo fo- Experts established pursuant to resolution 1579(2004), cused on the recruitment of ex-combatants from and further requests the Secretary-General to make the necessary financial and security arrangements to neighbouring States and the potential cross- support the work of the Panel; border movement of recruits, in particular be- 16. Calls upon all States and the National Transi- tween Côte d’Ivoire and Liberia. The Panel con- tional Government of Liberia to cooperate fully with tinued to receive reports of organized recruitment. the Panel of Experts; Although there had been no major discoveries in 17. Decides to remain seized of the matter. Liberia since the previous report of the Panel, small but regular flows of weapons and ammuni- The Secretary-General, on 22 July [S/2005/480], tion had been remitted to UNMIL outside the informed the Security Council of the names of disarmament programme. In August, a waiver the five experts he had appointed to the Panel of had been granted to allow the import of weapons Experts pursuant established by resolution for the training and equipping of the New 1607(2005) (see above). Armed Forces of Liberia (NAFL). The travel ban

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documented a number of violations, as well as the Taking note of the report of the Panel of Experts on fraudulent use of Liberian passports. The Panel Liberia of 25 November 2005, recommended a review of the passport system. Having reviewed the measures imposed by para- graphs 2, 4, 6 and 10 of resolution 1521(2003) of 22 De- One and a half years after its imposition, the cember 2003 and paragraph 1 of resolution 1532(2004) assets freeze had yet to be implemented. The of 12 March 2004 and the progress towards meeting Panel recommended that the international com- the conditions set out in paragraphs 5, 7 and 11of reso- munity should pressure the incoming Govern- lution 1521(2003), and concluding that insufficient ment to implement the freeze. A midterm review progress has been made towards that end, of the assets of designated persons should be con- Underlining its determination to support the new Gov- ducted and the necessary legal action to confis- ernment of Liberia in its efforts to meet those condi- cate their assets undertaken. tions, and encouraging donors to do likewise, Determining that the situation in Liberia continues On economic matters, the Panel recom- to constitute a threat to international peace and secu- mended that international donors take note of rity in the region, the desperate state of the country’s economy, and Acting under Chapter VII of the Charter of the allocate resources to speed up rehabilitation of United Nations, the infrastructure, as well as rehabilitation pro- 1. Decides, on the basis of its assessment of progress grammes. It also recommended that the newly made to date towards meeting the conditions for lift- elected Government cooperate proactively with ing the measures imposed by resolution 1521(2003): the international community in implementing (a) To renew the measures on arms and travel im- the Governance and Economic Management posed by paragraphs 2 and 4 of resolution 1521(2003) for a further period of twelve months from the date of Programme. adoption of the present resolution; The Panel indicated that the Government’s fi- (b) To renew the measures on diamonds and timber nancial administration continued to be weak. imposed by paragraphs 6 and 10 of resolution The Panel concluded that, should the sanctions 1521(2003) for a further period of six months from the on diamonds and timber be lifted, it was unlikely date of adoption of the present resolution; that Government revenues would enter the (c) To review any of the above measures at the re- budget process for the benefit of the Liberian quest of the new Government of Liberia, once the Gov- people. It recommended comprehensive audits ernment reports to the Security Council that the con- ditions set out in resolution 1521(2003) for terminating of various executive offices; completion of the fi- the measures have been met, and provides the Council nancial accounts of all major revenue-generating with information to justify its assessment; State-owned enterprises; and filling of positions 2. Reiterates the Council’s readiness to terminate in the Governance and Economic Management these measures once the conditions set forth in para- Programme on a priority basis, with time-bound graphs 5, 7 and 11 of resolution 1521(2003) have been objectives prescribed for each position. met; 3. Welcomes the determination of the President- SECURITY COUNCIL ACTION elect of Liberia, Mrs. Ellen Johnson-Sirleaf, to meet the conditions for terminating the measures thus re- On 20 December [meeting 5336], the Security newed, and encourages the new Government of Li- Council unanimously adopted resolution 1647 beria: (2005). The draft [S/2005/792] was submitted by (a) To reform the Forestry Development Authority, Denmark, France, Japan, Romania, the United to implement the Liberia Forest Initiative and to im- Kingdom and the United States. plement the recommendations of the Forest Conces- sion Review Committee for reform and cancellation of The Security Council, existing logging concessions, which will ensure trans- Recalling its previous resolutions and the statements parency, accountability and sustainable forest manage- by its President on the situation in Liberia and West ment and contribute towards the lifting of the meas- Africa, ures on timber in accordance with paragraphs 11 and Welcoming the peaceful and orderly conduct of the 12 of resolution 1521(2003); recent elections in Liberia, an important step in Li- (b) To consider, with the assistance of international beria’s progress towards lasting peace and stability, partners and for a specific time period, the possibility Welcoming also the commitment of the President- of commissioning independent external advice on the elect of the Republic of Liberia, Mrs. Ellen Johnson- management of Liberia’s diamond resources, in order Sirleaf, to rebuilding Liberia for the benefit of all to increase revenue and investor confidence and to at- Liberians, with the support of the international com- tract additional donor support; munity, 4. Encourages the new Government of Liberia to Stressing the continuing importance of the United implement the Governance and Economic Manage- Nations Mission in Liberia in improving security ment Assistance Program, designed to ensure prompt throughout Liberia and helping the new Government implementation of the Comprehensive Peace Agree- to establish its authority throughout the country, par- ment signed at Accra on 18 August 2003 and expedite ticularly in the diamond- and timber-producing areas the lifting of the measures imposed by resolution 1521 and border areas, (2003);

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5. Welcomes the assistance provided by the United ate expertise, in particular on arms, timber, diamonds, Nations Mission in Liberia to the Government of Li- finance, and humanitarian and socio-economic issues, beria in re-establishing its authority throughout the drawing as much as possible on the expertise of the country, and encourages the Mission to continue its members of the Panel of Experts established pursuant joint patrols with the Forestry Development Authority; to resolution 1607(2005), and further requests the 6. Notes that the measures imposed by paragraph 1 Secretary-General to make the necessary financial and of resolution 1532(2004) remain in force, and recon- security arrangements to support the work of the firms its intention to review those measures at least Panel; once a year; 11. Calls upon all States and the Government of 7. Emphasizes its concern that the National Transi- Liberia to cooperate fully with the Panel of Experts; tional Government of Liberia took no action to imple- 12. Decides to remain seized of the matter. ment its obligations under paragraph 1 of resolution 1532(2004), and calls upon the incoming Government Security Council Committee. The Security to take such action immediately, particularly by adopt- ing the necessary domestic legislation, with technical Council Committee established pursuant to reso- support provided by Member States; lution 1521(2003) concerning Liberia submitted a 8. Calls upon the international donor community report [S/2006/464] on its activities for the period to support the incoming Government of Liberia by 1 January to 31 December 2005. During the re- providing generous assistance to the peace process, in- porting period, the Committee held two formal cluding for the reintegration of ex-combatants, recon- meetings and 12 informal consultations. struction and humanitarian appeals, and by respond- The Committee received two requests for ex- ing to the financial, administrative and technical needs of the Government, in particular to assist the Govern- emptions to the arms embargo. It approved a re- ment to meet the conditions referred to in paragraph 2 quest to allow for the equipping and training of above, so that the measures can be lifted as soon as pos- the Liberian armed forces and police. However, sible; the second request, which involved the import of 9. Decides to re-establish the Panel of Experts ap- sidearms for the Liberian police, remained in pointed pursuant to resolution 1607(2005) of 21 June limbo as, at the end of the year, the Committee 2005 for a further period until 21 June 2006 to under- had not received a waiver request from any ex- take the following tasks: (a) To conduct a follow-up assessment mission to Li- porting State in that connection. It also received beria and neighbouring States in order to investigate and approved the export of non-lethal military and compile a report on the implementation, and any equipment for the drilling of boreholes to pro- violations, of the measures imposed by resolution vide water to outlying villages. 1521(2003), including any information relevant to the The Committee considered nine requests for designation by the Security Council Committee estab- travel ban waivers, of which four were granted. It lished pursuant to resolution 1521(2003) of the individ- held quarterly reviews of the travel ban list ini- uals described in paragraph 4 (a) of resolution 1521 (2003) and the individuals and entities described in tially issued on 16 March 2004 [YUN 2004, p. 211],re- paragraph 1 of resolution 1532(2004), and including taining the names of 52 persons listed as at 31De- the various sources of financing, such as from natural cember 2004, and adding seven more in 2005. resources, for the illicit trade in arms; The Committee conducted one six-month review (b) To assess the impact and effectiveness of the of the assets freeze list in June, and on 30 Novem- measures imposed by paragraph 1 of resolution 1532 ber, it added the names of two individuals and 30 (2004); entities to the list. (c) To assess the progress made towards meeting the conditions for lifting the measures imposed by resolu- Harmonization of the contents of both the tion 1521(2003); travel-ban and assets-freeze lists was concluded in (d) To assess the humanitarian and socio-economic May,thereby presenting identical information on impact of the measures imposed by paragraphs 2, 4, 6 individuals inscribed on both lists. The Commit- and 10 of resolution 1521(2003); tee received two replies from States on actions (e) To report to the Council, through the Commit- taken to implement the sanctions provided for in tee, by 7 June 2006 on all the issues listed in the present resolution 1521(2003) and four replies from paragraph, and to provide informal updates to the Committee, as appropriate, before that date, especially States on actions taken to trace and freeze the on progress made towards meeting the conditions for funds, other financial assets and economic re- lifting the measures imposed by paragraphs 6 and 10 sources described in resolution 1532(2004). of resolution 1521(2003); (f) To cooperate with other relevant groups of ex- perts, in particular the group of experts on Côte Sierra Leone d’Ivoire established pursuant to resolution 1643(2005) In 2005, Sierra Leone continued to maintain of 15 December 2005, and with the Kimberley Process Certification Scheme; strict adherence to the 2000 Agreement on the 10. Requests the Secretary-General, acting in con- Ceasefire and Cessation of Hostilities [YUN 2000, sultation with the Committee, to appoint as soon as p. 210] and accelerated its efforts to meet the possible no more than five experts, with the appropri- benchmarks laid down by the Security Council in

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2004 for the completion of the country’s transi- UNAMSIL tion phase and the corresponding drawdown of The United Nations Mission in Sierra Leone the United Nations Mission in Sierra Leone. (UNAMSIL), established by Security Council reso- With the gradual achievement of the bench- lution 1270(1999) [YUN 1999, p. 165], continued to marks, the Mission began drawing down further be headed by the Special Representative of the in mid-September, while ensuring a seamless Secretary-General for Sierra Leone, Daudi transition from peacekeeping to peacebuilding. Ngelautwa Mwakawago (United Republic of By the completion of its withdrawal at the end of Tanzania). The Deputy Special Representative, December, the Mission left behind a country with Victor da Silva Angelo, also served as Resident great potential to achieve lasting stability,democ- Representative of UNDP and UN Resident Coor- racy and prosperity. The Mission’s collaborative dinator in Sierra Leone. effort with the partnerships it had forged during In accordance with Council resolution 1537 its six years of operation had placed Sierra Leone (2004) [YUN 2004, p. 214], which defined the config- on a firm path to its next phase of post-conflict uration of the Mission’s residual presence in the recovery and peacebuilding. country for an initial six-month period to 30 June 2005, the Mission completed its transition to such To assist the Government to consolidate peace, presence at the end of February 2005, having re- build the national capacity for conflict preven- duced its troop strength from the December 2004 tion and prepare for the 2007 elections, the level of 5,000 to 3,250 troops, 141 military observ- Council requested the Secretary-General to es- ers and 80 civilian police. By Council resolution tablish the United Nations Integrated Office in 1610(2005), the mandate of the Mission was ex- Sierra Leone, for an initial 12-month period be- tended for a final period of six months, until 31 ginning on 1 January 2006, on the basis of his rec- December 2005. ommendations. To complete the restructuring As Sierra Leone prepared to enter its next and training of the Sierra Leone security forces, peacebuilding phase, the Mission’s planned with- which had assumed full responsibility for the drawal of its 3,200-strong force, which began in maintenance of security in the country, the mid-September, was carried out in three phases, United Kingdom committed the International starting with closing the UN military observers’ Military Advisory and Training Team, which it team sites, then withdrawing the force, and finally led, to providing continued training to the armed closing UNAMSIL headquarters. Meanwhile, a forces until at least 2010. media campaign designed by UNAMSIL and other stakeholders was under way to raise national and The Special Court for Sierra Leone continued international awareness about the achievements to try those bearing the greatest responsibility for and exit strategy of the Mission and the mandate serious violations of international humanitarian of the incoming United Nations Integrated Office and Sierra Leonean laws committed in the terri- in Sierra Leone (UNIOSIL) (see p. 281). Activities tory of Sierra Leone since 1996. In a statement outlined in the joint UNAMSIL/UN country team before the Council, the President of the Court transition plan continued, aimed at ensuring a emphasized the importance of the expeditious seamless transition from peacekeeping to peace- apprehension and trial of two indictees who re- building in Sierra Leone, while facilitating the mained at large for the credibility of the Court Mission’s exit strategy and preparing the ground and for its contribution to combating the culture for the establishment of UNIOSIL. of impunity. He estimated that the trials would be The UNAMSIL withdrawal was scheduled for completed by the end of 2006 and that the ap- completion by the end of December. As of 1 De- peals stage would take another four to six cember, some 1,160 troops and 69 military ob- months. With the departure of the Mission, servers remained in Freetown; 46 military police which provided security for the Court, the Coun- continued to operate from team sites in Free- cil, by resolution 1626(2005), authorized the town, Kenema, Bo, Makeni and Lungi, which United Nations Mission in Liberia to assume that would remain operational until 31 December, responsibility from November, as recommended when all police personnel would be repatriated. by the Secretary-General. A team of 10 officers would be retained tempo- rarily to facilitate a smooth transition to UNIOSIL. In the light of the favourable security environ- Some 87 administrative support staff would also ment in Sierra Leone, and no reported violations be retained to carry out the liquidation of or alleged violations of the sanctions regime in UNAMSIL between 1 January and 30 June 2006. the country for at least two years, its Chairman By presidential statement S/PRST/2005/63 recommended that the Council revisit the legal (see p. 286), the Council commended UNAMSIL basis of the sanctions in force in Sierra Leone. for its invaluable contribution over the past six

YUN05—4th proofs Dec. 24 2007 Africa 277 years to Sierra Leone’s recovery from conflict financing of the United Nations Mission in Sierra and its progress towards peace, democracy and Leone, the latest of which was resolution 59/14A of 29 prosperity,as well as the Secretary-General’s Spe- October 2004, cial Representatives and all who had made the Reaffirming the general principles underlying the financing of United Nations peacekeeping operations, Mission a success, especially those who had as stated in General Assembly resolutions 1874(S-IV) helped it recover from its 2000 crisis [YUN 2000, of 27 June 1963, 3101(XXVIII) of 11 December 1973 p. 194]. and 55/235 of 23 December 2000, Noting with appreciation that voluntary contributions Financing have been made to the Mission, In June, during its resumed fifty-ninth (2005) Mindful of the fact that it is essential to provide the Mission with the necessary financial resources to en- session, the General Assembly considered the able it to fulfil its responsibilities under the relevant performance report on the UNAMSIL budget for resolutions of the Security Council, 1 July 2003 to 30 June 2004 [A/59/635 & Corr.1], 1. Requests the Secretary-General to entrust the showing expenditures of $448,734,400 against a Head of Mission with the task of formulating future total appropriation of $520,053,600; the pro- budget proposals in full accordance with the provi- posed budget for 1 July 2005 to 30 June 2006 sions of General Assembly resolution 59/296 of 22 [A/59/758 & Corr.1], totalling $107,159,700, together June 2005, as well as other relevant resolutions; with the Secretary-General’s related note on 2. Takes note of the status of contributions to the United Nations Observer Mission in Sierra Leone and maintenance and liquidation costs [S/2005/273/ the United Nations Mission in Sierra Leone as at 15 Add.1]; the proposed donation of assets to the Gov- April 2005, including the contributions outstanding in ernment of Sierra Leone with an inventory value the amount of 94.5 million United States dollars, rep- of $8,406,072 and a corresponding residual resenting some 3 per cent of the total assessed contri- value of $3,829,178 [A/59/759]; and the related butions, notes with concern that only forty-three Mem- ACABQ report [A/59/736/Add.9]. ber States have paid their assessed contributions in ACABQ recommended approval of the pro- full, and urges all other Member States, in particular those in arrears, to ensure payment of their outstand- posed budget. Noting that UNAMSIL was the first ing assessed contributions; mission to have established an Asset Disposal and 3. Expresses its appreciation to those Member States Environmental Protection Unit, ACABQ asked the which have paid their assessed contributions in full, Department of Peacekeeping Operations (DPKO) and urges all other Member States to make every possi- to integrate the lessons learned into its best prac- ble effort to ensure payment of their assessed contribu- tices documentation for sharing with other mis- tions to the Mission in full; sions; it also recommended acceptance of the 4. Expresses concern at the financial situation with Secretary-General’s proposed donation of assets regard to peacekeeping activities, in particular as re- to the Government of Sierra Leone. gards the reimbursements to troop contributors that bear additional burdens owing to overdue payments by Member States of their assessments; GENERAL ASSEMBLY ACTION 5. Also expresses concern at the delay experienced by On 22 June [meeting 104], the General Assembly, the Secretary-General in deploying and providing ade- on the recommendation of the Fifth Committee quate resources to some recent peacekeeping missions, [A/59/527/Add.1], adoptedresolution59/14B with- in particular those in Africa; out vote [agenda item 136]. 6. Emphasizes that all future and existing peace- keeping missions shall be given equal and non- Financing of the United Nations discriminatory treatment in respect of financial and Mission in Sierra Leone administrative arrangements; B 7. Also emphasizes that all peacekeeping missions The General Assembly, shall be provided with adequate resources for the Having considered the reports of the Secretary- effective and efficient discharge of their respective General on the financing of the United Nations Mis- mandates; sion in Sierra Leone and the related reports of the Ad- 8. Reiterates its request to the Secretary-General to visory Committee on Administrative and Budgetary make the fullest possible use of facilities and equip- Questions, ment at the United Nations Logistics Base at Brindisi, Bearing in mind Security Council resolution 1270 Italy, in order to minimize the costs of procurement for (1999) of 22 October 1999, by which the Council estab- the Mission; lished the United Nations Mission in Sierra Leone, 9. Endorses the conclusions and recommendations and the subsequent resolutions by which the Council contained in the report of the Advisory Committee on revised and extended the mandate of the Mission, the Administrative and Budgetary Questions, and requests latest of which was resolution 1562(2004) of 17Septem- the Secretary-General to ensure their full implementa- ber 2004, tion; Recalling its resolution 53/29 of 20 November 1998 10. Requests the Secretary-General to ensure the on the financing of the United Nations Observer Mis- full implementation of the relevant provisions of its sion in Sierra Leone and subsequent resolutions on the resolution 59/296;

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11. Also requests the Secretary-General to take all 19 . Decides further that, for Member States that necessary action to ensure that the Mission is adminis- have not fulfilled their financial obligations to the Mis- tered with a maximum of efficiency and economy; sion, there shall be set off against their outstanding ob- 12. Further requests the Secretary-General, in order ligations their respective share of the unencumbered to reduce the cost of employing General Service staff, balance and other income in the amount of 54,054,600 to continue efforts to recruit local staff for the Mission dollars in respect of the financial period ended 30 against General Service posts, commensurate with the June 2004, in accordance with the scheme set out in requirements of the Mission; paragraph 18 above; 20. Decides that the increase of 239,200 dollars in Financial performance report for the the estimated staff assessment income in respect of the period from 1 July 2003 to 30 June 2004 financial period ended 30 June 2004 shall be added to 13 . Takes note of the report of the Secretary-General the credits from the amount of 54,054,600 dollars re- on the financial performance of the Mission for the ferred to in paragraphs 18 and 19 above; period from 1 July 2003 to 30 June 2004; 14 . Decides to reduce the appropriation authorized Donation of assets to the for the Mission for the period from 1 July 2003 to 30 Government of Sierra Leone June 2004 under the terms of its resolution 57/291 B 21. Approves the donation of the assets of the Mis- of 18 June 2003 from 543,489,900 dollars to sion, with a total inventory value of 8,406,072 dollars 509,436,300 dollars, the amount apportioned among and corresponding residual value of 3,829,178 dollars, Member States in respect of the same period; to the Government of Sierra Leone; 22. Emphasizes that no peacekeeping mission shall Budget estimates for the period be financed by borrowing funds from other active from 1 July 2005 to 30 June 2006 peacekeeping missions; 15. Decides also to appropriate to the Special Ac- 23. Encourages the Secretary-General to continue to count for the United Nations Mission in Sierra Leone take additional measures to ensure the safety and secu- the amount of 113,216,400 dollars, inclusive of rity of all personnel under the auspices of the United 89,606,400 dollars for the maintenance of the Mission Nations participating in the Mission, bearing in mind for the period from 1 July to 31 December 2005, paragraphs 5 and 6 of Security Council resolution 17,932,900 dollars for the liquidation of the Mission for 1502(2003) of 26 August 2003; the period from 1 January to 30 June 2006, 4,642,100 dollars for the support account for peacekeeping oper- 24. Invites voluntary contributions to the Mission ations and 1,035,000 dollars for the United Nations in cash and in the form of services and supplies accept- Logistics Base; able to the Secretary-General, to be administered, as appropriate, in accordance with the procedure and Financing of the appropriation practices established by the General Assembly; 16. Decides further to apportion among Member 25. Decides to include in the provisional agenda of States the amount of 113,216,400 dollars at a monthly its sixtieth session the item entitled “Financing of the rate of 9,434,700 dollars, in accordance with the levels United Nations Mission in Sierra Leone”. updated in General Assembly resolution 58/256 of 23 December 2003, and taking into account the scale of UNAMSIL activities assessments for 2005 and 2006, as set out in its resolu- tion 58/1 B of 23 December 2003, subject to a decision of the Security Council to extend the mandate of the Assessment mission Mission; Report of Secretary-General (April). In his 17. Decides that, in accordance with the provisions April report on UNAMSIL [S/2005/273], the of its resolution 973(X) of 15 December 1955, there Secretary-General provided an update on the im- shall be set off against the apportionment among Member States, as provided for in paragraph 16 above, plementation of the benchmarks established by their respective share in the Tax Equalization Fund of Security Council resolution 1537(2004) [YUN 2004, 4,047,700 dollars, comprising the estimated staff as- p. 214] for the residual Mission presence in Sierra sessment income of 3,307,800 dollars approved for the Leone, as well as his recommendations concern- Mission for the period from 1 July 2005 to 30 June ing the continued UN presence in the country 2006, the prorated share of 656,100 dollars of the esti- after the Mission’s withdrawal and termination, mated staff assessment income approved for the based on the findings of a UN interdepartmental support account and the prorated share of 83,800 dol- lars of the estimated staff assessment income approved assessment mission that visited Sierra Leone for the United Nations Logistics Base; from 20 to 28 March. The mission evaluated pro- 18. Decides also that, for Member States that have gress on the security situation, strengthening the fulfilled their financial obligations to the Mission, capacity of the Sierra Leone armed forces and there shall be set off against their apportionment, as police, consolidating State authority throughout provided for in paragraph 16 above, their respective the country,and consolidating the deployment in share of the unencumbered balance and other income neighbouring Liberia of the United Nations Mis- in the amount of 54,054,600 dollars in respect of the sion in Liberia (UNMIL). financial period ended 30 June 2004, in accordance with the levels updated in General Assembly resolu- The report indicated that, with the aid of tion 58/256, and taking into account the scale of as- UNAMSIL and other bilateral and multilateral sessments for 2004, as set out in its resolution 58/1 B; partners, the Government of Sierra Leone had

YUN05—4th proofs Dec. 24 2007 Africa 279 made considerable progress in implementing The assessment of the security sector in the the benchmarks. The security situation in the context of the fragile security situation in the country had been calm and stable, with no inci- wider Mano River basin, comprising Côte dents requiring support from UNAMSIL since d’Ivoire, Guinea, Liberia and Sierra Leone, September 2004 [ibid., p. 218], when it turned over brought to the fore potential threats to Sierra Le- primary responsibility for security to the Govern- one’s security from possible tensions in Liberia ment. Nevertheless, major shortfalls remained in connection with its forthcoming October elec- in the security sector, especially in the country- tions, setbacks in the Côte d’Ivoire peace process, wide consolidation of State administration and instability in Guinea and the unresolved territo- the restoration of full government control over rial dispute between Guinea and Sierra Leone diamond-mining activities. over the border village of Yenga. President Ahmad Tejan Kabbah and senior security offi- With the support of the International Military cials informed UNAMSIL that to withdraw on Advisory and Training Team, led by the United the expiration of its mandate at the end of June Kingdom, the Government continued to imple- would be premature, as the security sector could ment a contingency programme aimed at in- not effectively assume primary responsibility creasing the capacity of the armed forces to deal for the security of the country until the end of with external security threats and backstop the 2005. police in maintaining law and order. The pro- gramme included the deployment of three armed Further strides were made in the consolidation forces brigades to the provinces and border of State authority through the continuing decen- areas; the continued restructuring of the armed tralization process, which provided a framework forces to reduce their troop strength from some for the devolution of power and responsibilities 13,000 to 10,500 by 2007; the establishment of between the central and local governments. With nationwide security and intelligence committees the support of the World Bank, UN agencies and UNAMSIL, training and capacity-building pro- to provide a framework for cooperation in secu- grammes were conducted for the recently elected rity matters; and the construction of army bar- local councils, making them functional; their racks in the provinces and border areas. How- capacity to deliver services to their communities ever, the programme to prepare the armed forces was seriously curtailed, however, by lack of quali- to assume responsibility for the country’s secu- fied personnel, funding, logistics and infrastruc- rity was behind schedule as their operational ture. The judiciary was undergoing a gradual effectiveness was hampered by such logistic but slow consolidation. The administration of shortfalls as the lack of communications equip- justice at the chiefdom level was reinforced with ment and accommodation for the soldiers. In the appointment of 200 chairpersons of custom- March 2005, the Secretary-General appealed ary courts nationwide. At least one magistrates’ to potential donors to provide assistance in that court was operational in each of the 12 adminis- regard. trative districts, and government officials were The police force, whose strength stood at functioning in all of them. Of great concern were 8,200 in March, made notable improvements in the slow pace in addressing undue delays in the maintaining internal security with the support of trial and adjudication of cases and the lack of ju- UNDP, the Mission’s civilian police and an inter- dicial personnel, which were exacerbated by the national training team. The completed construc- lack of codified opinions of the Supreme Court tion of classrooms and dormitories at the Police and statutory laws. An increased police presence Training School allowed for an increase in the in the provinces had considerably improved the number of recruits from 400 to 600 per trainee maintenance of law and order. group. Lack of Government funding for train- The Government made considerable progress ing, however, thwarted the chances of reaching in controlling the diamond-mining sector by im- the benchmark of 9,500 trained police officers by plementing measures to curb illicit mining, in- year’s end. UNAMSIL also increased the capacity cluding implementation of the Kimberley Pro- of the police through in-service specialist train- cess Certification Scheme [YUN 2000, p. 76]. A total ing and the development of training manuals. of 2,300 diamond-mining licences were issued in Since 2003, some 729 middle-management po- 2004, compared to 800 in 2001, and official lice officers, 109 field-coaching officers and 150 diamond exports increased from $10 million in training instructors had been trained. While the 2000 to $127 million in 2004. Also under imple- Office of National Security had improved its ef- mentation was the core minerals policy adopted fectiveness and intelligence-gathering capacity, in December 2004, aimed at creating an enabling the effectiveness of the central security structures legal, fiscal and institutional framework for the was restricted by limited resources. development of the country’s mineral resources.

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Furthermore, a national cadastral system to facil- country so as to attain durable stability. In partic- itate the settlement of disputes over mining ular, the strengthening of the security sector rights, territorial boundaries and mining sites required special, long-term attention. He there- was being established. fore recommended that the Security Council ex- With respect to regional events, the report tend the UNAMSIL mandate for a final period of noted that, at a summit of the Mano River Union six months, until the end of 2005, and that the (Koindu, Sierra Leone, 20 February), Guinea, Li- drawdown of the Mission be completed by 31 De- beria and Sierra Leone pledged to promote re- cember and its liquidation within six months gional peace and security and improve economic thereafter. cooperation. Under a 24 March memorandum of understanding between Sierra Leone and Li- SECURITY COUNCIL ACTION beria on the mutual repatriation of ex-combatants, On 30 June [meeting 5219], the Security Council 387 such persons were repatriated to Liberia unanimously adoptedresolution1610(2005). The in April. The urgency of resolving the Sierra draft [S/2005/418] was prepared in consultations Leone–Guinea dispute over Yenga was repeat- among Council members. edly stressed to the assessment mission. Despite the 2 September 2004 statement issued by the two The Security Council, Recalling its previous resolutions and the statements countries reaffirming that Yenga belonged to by its President concerning the situation in Sierra Sierra Leone, the withdrawal of Guinea’s troops Leone, from Yenga and the demarcation of the bound- Affirming the commitment of all States to respect ary between them had yet to take place. the sovereignty, political independence and territorial The report also highlighted the repatriation of integrity of Sierra Leone, some 271,991 Sierra Leonean refugees since Emphasizing the importance of the continued 2001, largely with UNHCR assistance; the estab- support of the United Nations and the international lishment of human rights committees in nine of community for the long-term security and develop- the 12 administrative districts; the expected ment of Sierra Leone, follow-up to the recommendations of the Truth Having considered the report of the Secretary- General of 26 April 2005, and noting with approval his and Reconciliation Commission contained in its observations in paragraph 65 on the drawdown sched- final report to the President in October 2004 ule of the United Nations Mission in Sierra Leone and [YUN 2004, p. 217]; and an update on the trials at the in paragraphs 63 and 64 on the need for a strong Special Court for Sierra Leone (see p. 286). United Nations system presence in Sierra Leone after The Secretary-General indicated areas requir- the withdrawal of the Mission, ing attention to further enhance stability in Si- Commending the work of the Truth and Reconcilia- erra Leone: political and electoral reform; good tion Commission, and encouraging the Government governance; issues related to youth, women and of Sierra Leone to disseminate widely the Commis- sion’s report and the Government’s response to it, children; justice sector reform; capacity-building Expressing its appreciation for the essential work of the of the security structure; development of a public Special Court for Sierra Leone, noting its vital contri- information strategy; and sustained support for bution to the establishment of the rule of law in Sierra economic initiatives. Leone, and in this regard underlining the importance Given the risk of civil unrest from the lack of of ensuring that all those indicted by the Court appear improvement in the economy and living stand- before it, in order to strengthen the stability of Sierra ards of the majority of the population, national Leone and the subregion and to bring an end to impu- and international stakeholders emphasized the nity, and encouraging all States to cooperate fully with the Court, need for the continued deployment of the resid- Determining that the situation in Sierra Leone con- ual UNAMSIL presence until the end of 2005. A tinues to constitute a threat to international peace and joint transition plan, developed by UNAMSIL and security in the region, the UN country team for the continued involve- Acting under Chapter VII of the Charter of the ment of the international community in Sierra United Nations, Leone was being implemented. The Secretary- 1. Decides that the mandate of the United Nations General proposed a study of the logistical, politi- Mission in Sierra Leone shall be extended for a final cal and legal implications of the cross-border period of six months until 31 December 2005; commitment of UNMIL after the withdrawal of 2. Requests the Secretary-General to finalize the UNAMSIL. necessary planning for an appropriate integrated The Secretary-General observed that, while United Nations system presence in Sierra Leone, as recommended in paragraphs 63 and 64 of his report, the country had advanced towards meeting the with the capacity and expertise to coordinate the activ- benchmarks for stabilization and for the with- ities of the United Nations agencies, funds and pro- drawal of UNAMSIL, much remained to be done to grammes, to cooperate with the donor community, address the underlying causes of conflict in the and to continue to support the efforts of the Govern-

YUN05—4th proofs Dec. 24 2007 Africa 281 ment of Sierra Leone at peace consolidation and long- UN system was able to develop and implement in term development, after the Mission has withdrawn; a fully coordinated and integrated manner, and 3. Encourages the Mission and the United Nations in close consultation with national stakeholders, country team in Sierra Leone to continue their close collaboration to ensure a seamless transition from a viable peace consolidation strategy for Sierra peacekeeping to peacebuilding, including through the Leone. implementation of their joint transition plan; As requested by the Security Council in resolu- 4. Recalls that the Sierra Leone security forces shall tion 1610(2005) above, the Secretary-General’s effectively assume full responsibility for security in the recommendations for the continued UN pres- country after the withdrawal of the Mission; ence in Sierra Leone were submitted in a July ad- 5. Underlines the importance of providing effective dendum to his report [S/2005/273/Add.2], follow- security for the Special Court for Sierra Leone after the Mission has withdrawn, and requests the ing extensive consultations among the UN Secretary-General to make recommendations thereon Departments of Peacekeeping Operations, Politi- to the Security Council as soon as possible; cal Affairs, and Economic and Social Affairs, the 6. Urges the Government of Sierra Leone to con- Office for the Coordination of Humanitarian tinue its efforts to develop an effective, affordable and Affairs, UNDP, the Office of the United Nations sustainable police force, armed forces, penal system High Commissioner for Human Rights (OHCHR), and independent judiciary, and further to promote UNAMSIL, the UN country team, the Government good governance and strengthen mechanisms to tackle corruption, and encourages donors and the Mis- of Sierra Leone and other national and interna- sion, in accordance with its mandate, to assist the Gov- tional stakeholders. ernment in this regard, as well as in restoring public Recommended was a modestly sized UN inte- services throughout the country; grated office in Sierra Leone to be established for 7. Encourages the United Nations missions in the an initial period of 12 months, beginning on region to continue their efforts towards enhancing 1 January 2006. The office would further de- inter-mission cooperation, especially in the prevention velop and consolidate the continuing initiatives of movements of arms and combatants across borders and in the implementation of disarmament, demobili- of the UN country team. Its mandate would be to zation and reintegration programmes; assist the Government, inter alia, to build the 8. Welcomes the efforts undertaken by the Mission capacity of State institutions to address the root to implement the Secretary-General’s zero tolerance causes of the conflict and the main problems fac- policy on sexual exploitation and abuse and to ensure ing the country; develop a national action plan full compliance of its personnel with the United for human rights and establish a national human Nations code of conduct, requests the Secretary- rights commission; enhance good governance General to continue to take all necessary action in this regard and to keep the Security Council informed, and and transparency and accountability; improve urges troop-contributing countries to take appropriate budgetary and expenditure processes; build the preventive action including the conduct of pre- capacity of the National Electoral Commission deployment awareness training, and to take disciplin- (NEC) to conduct the national electoral process in ary action and other action to ensure that such acts are 2007; strengthen the judiciary; develop political properly investigated and punished in cases involving and economic empowerment initiatives for youth their personnel; and initiatives for the rights and well-being of 9. Welcomes the Secretary-General’s intention to keep the security, political, humanitarian and human war-affected and vulnerable children and adoles- rights situation in Sierra Leone under close review and cents; build an independent and capable public to report regularly to the Council, after due consulta- radio capacity; liaise with the security sector and tions with troop-contributing countries and the Gov- further strengthen the capacity of the police; and ernment of Sierra Leone; coordinate with the Special Court for Sierra 10. Decides to remain actively seized of the matter. Leone. The office would be headed by the Executive UNIOSIL Representative of the Secretary-General, who In his April report [S/2005/273], the Secretary- would also serve as the UNDP Resident Represen- General noted that, although stability had been tative and the United Nations Resident and Hu- successfully restored in Sierra Leone, serious manitarian Coordinator, to ensure a cohesive challenges to building durable peace in the and coordinated approach within the whole UN country remained. Considerable capacity- family in Sierra Leone. It would comprise a small building was needed to enhance the Govern- office to support the Executive Representative ment’s capability to discharge its functions re- and five sections on the key areas of its mandate: lated to political and economic governance and good governance and peace consolidation, hu- conflict prevention. Hence, after the termination man rights and rule of law, civilian police and of UNAMSIL, a strong UN presence was likely to military assistance, development, and public in- be needed to assist in that regard. A number of formation. The sections would be staffed, re- options were being considered to ensure that the spectively, by: eight peace and governance advis-

YUN05—4th proofs Dec. 24 2007 282 Political and security questions

ers, five international human rights officers Reiterating its appreciation for the essential work of supported by national officers and UN volun- the Special Court for Sierra Leone and its vital contri- teers, 20 civilian police and 10 military liaison of- bution to the establishment of the rule of law in Sierra Leone and the subregion, underlining its expectation ficers, the UN country team, the Office of the that the Court will finish its work in accordance with Resident and Humanitarian Coordinator and its completion strategy, and, in this regard, encourag- one senior coordination adviser, and three inter- ing all States to cooperate fully with the Court and to national public information officers and a num- provide it with the necessary financial resources, ber of national officers. Welcoming the publication of the report of the Sierra In reiterating that a sustained commitment of Leone Truth and Reconciliation Commission, and en- couraging the Government of Sierra Leone to take the United Nations, working in close partnership further steps to implement its recommendations, with the Government, would be required after 1. Requests the Secretary-General to establish the the withdrawal of UNAMSIL, the Secretary- United Nations Integrated Office in Sierra Leone, as General hoped the Council would give serious recommended in the addendum to his report, for an consideration to his recommendations. initial period of twelve months, beginning on 1 Janu- ary 2006, with the following key tasks: Communication. By a 21 June letter [S/2005/ (a) To assist the Government of Sierra Leone in: 419], the President of Sierra Leone commended (i) Building the capacity of State institutions to the work of UNAMSIL in bringing about peace address further the root causes of the conflict, and stability in Sierra Leone and said that, after provide basic services and accelerate progress the withdrawal of the Mission, a follow-on UN towards the Millennium Development Goals presence in the country would be indispensable, through poverty reduction and sustainable eco- especially in the period leading up to the national nomic growth, including through the creation elections in 2007. of an enabling framework for private invest- ment and systematic efforts to address HIV/ AIDS; SECURITY COUNCIL ACTION (ii) Developing a national action plan for human On 31 August [meeting 5254], the Security Coun- rights and establishing the national human cil unanimously adopted resolution 1620(2005). rights commission; The draft [S/2005/554] was prepared in consulta- (iii) Building the capacity of the National Electoral tions among Council members. Commission to conduct a free, fair and credible electoral process in 2007; The Security Council, (iv) Enhancing good governance, transparency and Recalling its previous resolutions and the statements accountability of public institutions, including by its President concerning the situation in Sierra through anti-corruption measures and im- Leone, proved fiscal management; Commending the valuable contribution that the (v) Strengthening the rule of law, including by de- United Nations Mission in Sierra Leone has made to veloping the independence and capacity of the the recovery of Sierra Leone from conflict and to the justice system and the capacity of the police and country’s peace, security and development, corrections system; (vi) Strengthening the Sierra Leonean security sec- Having considered the report of the Secretary-General tor, in cooperation with the International Mili- of 26 April 2005, and the addendum thereto of 28 July tary Advisory and Training Team and other 2005,andwelcominghisrecommendationthataUnited partners; Nations integratedoffice be established in Sierra Leone (vii) Promoting a culture of peace, dialogue and par- after the withdrawal of the United Nations Mission in ticipation in critical national issues through a Sierra Leone at the end of 2005, in order to continue to strategic approach to public information and assist the Government of Sierra Leone to consolidate communication, including by building an inde- peacebyenhancingpoliticalandeconomicgovernance, pendent and capable public radio capacity; building the national capacity for conflict prevention, (viii) Developing initiatives for the protection and and preparing for elections in 2007, well-being of youth, women and children; Taking note of the letter dated 21 June 2005 from (b) To liaise with the Sierra Leonean security sector the President of the Republic of Sierra Leone to the and other partners, to report on the security situation Secretary-General, which likewise emphasizes the and to make recommendations concerning external need for a United Nations integrated office to support and internal security threats; the above objectives, (c) To coordinate with United Nations missions and Emphasizing the importance of a smooth transition offices and regional organizations in West Africa in between the United Nations Mission in Sierra Leone dealing with cross-border challenges such as the illicit and the new United Nations integrated office, and of movement of small arms, human trafficking and the effective and efficient operation of the office, smuggling and illegal trade in natural resources; Emphasizing also the importance of the continued (d) To coordinate with the Special Court for Sierra support of the United Nations and the international Leone; community for the long-term security and develop- 2. Emphasizes the primary responsibility of the Gov- ment of Sierra Leone, particularly in building the ernment of Sierra Leone for the consolidation of capacity of the Government of Sierra Leone, peace and security in the country, and urges continued

YUN05—4th proofs Dec. 24 2007 Africa 283 support from international donors for the efforts of The Secretary-General described the security the Government in this regard; environment in Sierra Leone as generally calm 3. Underlines the importance of establishing a fully and stable. The Government took further steps integrated office with effective coordination of strat- egy and programmes between the United Nations towards assuming full responsibility for the agencies, funds and programmes in Sierra Leone, be- maintenance of security. The performance of the tween the United Nations and other international do- Office of National Security improved, particu- nors, and between the integrated office, the Economic larly its coordination capacity. Progress was lim- Community of West African States and other United ited, however, in addressing the serious threats to Nations missions in the region; the country’s stability: corruption, ineffective 4. Welcomes the recommendation made by the governance, widespread poverty, massive youth Secretary-General in the addendum to his report that unemployment and consequent public discon- the integrated office should be headed by an Executive Representative of the Secretary-General and his inten- tent. Although the political situation in Liberia tion that he or she should also serve as the Resident Rep- was stabilizing as preparations for the October resentative of the United Nations Development Pro- elections were proceeding peacefully, and as its gramme and United Nations Resident Coordinator; border with Sierra Leone continued to be jointly 5. Requests the Secretary-General to continue plan- monitored by UNMIL and UNAMSIL, the fragile ning for security for the Special Court for Sierra security situation in the subregion remained a Leone on the basis outlined in paragraphs 15 to 24 of potential threat. the addendum to his report, and looks forward to fur- ther details on the proposed arrangements; Implementation of the benchmarks pro- 6. Also requests the Secretary-General to keep the gressed further, as demonstrated by the en- Security Council regularly informed of progress in es- hanced capacity of the security forces, increased tablishing the integrated office, and thereafter in the public confidence in the police and the successful implementation of the present resolution; recruitment, training and deployment of some 7. Decides to remain actively seized of the matter. 3,000 police officers, bringing the police force strength to 9,000 against the benchmark of Appointment. By an exchange of letters be- 9,500. The armed forces continued to be con- tween the Secretary-General and the Security strained by a lack of communications equipment Council on 7 and 12 December, respectively [S/ and shortages of accommodation, rations, fuel, 2005/779, S/2005/780], the Deputy Special Repre- ammunition, medical supplies, water and uni- sentative for Sierra Leone, Victor da Silva Angelo forms. (Portugal), was appointed Executive Representa- Further advances were made in the consolida- tive for UNIOSIL. He would continue to serve as tion of State authority. The Government contin- the Resident Representative of UNDP and UN ued devolving major State administrative services Resident Coordinator in Sierra Leone. in education, health and agriculture to the local Financing. The Secretary-General, in his De- councils. Relations between the local councils cember report [A/60/585] on estimates in respect and the chiefdom system were evolving satisfac- of special political missions, good offices and torily. The Government and local councils, in other political activities authorized by the Gen- collaboration with UNAMSIL and civic organiza- eral Assembly and/or the Security Council, sub- tions, began a new mediation initiative at the pro- mitted proposed requirements for UNIOSIL in vincial and district levels for dispute settlement the amount of $23,298,600 for the period 1 Janu- among chiefdoms. With UNAMSIL support, the ary to 31 December 2006 under section 3, Politi- Government was proceeding with the launch in cal affairs of the 2006-2007 programme budget. October of the diamond-mining cadastral system The Assembly, in section VI of resolution in the district of Kono, which would be expanded 60/248 of 23 December (see p. 1495), approved, to other diamond-mining areas. Although dia- as recommended by ACABQ [A 60/7/Add. 24],for mond exports rose to $82 million in the first half UNIOSIL a prorated amount out of the charge of of 2005, close monitoring of the mines and $100 million for the 26 special political missions diamond extraction needed to be maintained in for the period 1 January to 30 April 2006. view of UNAMSIL surveys showing that more than 50 per cent of diamond mining remained un- Further UNAMSIL activities licensed, and reports that illegal diamond smug- Report of Secretary-General (September). In gling was considerable. On electoral reform, the his September report on UNAMSIL [S/2005/596], restructuring and capacity-building of the Na- the Secretary-General outlined the withdrawal tional Electoral Commission continued with the plan for UNAMSIL and described the media cam- appointment of a chairperson in May and a com- paign on the achievements and exit strategy of mitment by the Government of $8 million for the Mission, as well as the plans for a seamless staff recruitment and to facilitate further re- transition from peacekeeping to peacebuilding. structuring. International partners set up a bas-

YUN05—4th proofs Dec. 24 2007 284 Political and security questions ket fund to mobilize the $18.4million required to organizations and the private sector in enhancing complete the Commission’s electoral tasks for the democratic governance. Although the political conduct of credible elections in 2007. situation was calm and stable, signs of tension The Mano River Union countries (Guinea, Li- were surfacing as political parties began prepar- beria and Sierra Leone), at their recent summit ing for the 2007 national elections. The two main (Freetown, 28 July), reaffirmed their commit- parties, the ruling Sierra Leone People’s Party ment to pursue a peaceful solution to the Yenga (SLPP) and the All People’s Congress (APC)se- border issue, and agreed that demarcation of the lected Vice-President Solomon Berewa and APC border between Guinea and Sierra Leone would leader Ernest Bai Koroma, respectively, as their start on 20 August. The summit devoted consid- presidential candidates. In the process, both par- erable attention to the promotion of confidence- ties experienced intra-party divisions that re- building measures in border areas and on the sulted in splinter groups. A faction of APC chal- strengthening of security in the subregion. lenged the party’s elected leadership in the Following the July visit of the United Nations courts, while Charles Margai, a prominent SLPP High Commissioner for Human Rights, Louise member, formed his own political party, the Peo- Arbour, to Sierra Leone, the Government ple’s Movement for Democratic Change (PMDC), showed renewed interest in the establishment of having failed to be selected as the SLPP presiden- a national human rights commission. With the tial nominee. UNAMSIL promoted inter-party di- support of UNAMSIL and OHCHR, preparatory alogue, reconciliation and tolerance among the work to that end was begun by the Attorney Gen- political parties and bi-partisan approaches to eral and the Minister of Justice. The final report national issues in the legislature. Other political of the Truth and Reconciliation Commission was developments included the appointment of a published and, on 8 August, UNAMSIL began na- new Chairman of the Anti-Corruption Commis- tionwide distribution and sensitization of its sion, which had investigated corruption charges findings and recommendations. The Govern- against six cabinet ministers; and the formaliza- ment published a white paper reflecting most of tion of the Political Parties Registration Commis- the recommendations but had yet to implement sion with the approval of its composition by Par- them. liament on 1 December. The Secretary-General observed that the Gov- Short-term indicators of internal security were ernment had made commendable efforts to- positive, with little probability of a return to civil wards consolidating constitutional order and conflict, and criminal activities were expected to State authority throughout Sierra Leone. How- remain at manageable levels. The increased ever, it had yet to address many of the root causes capacity of the security sector to restore law and of the conflict in the country, such as poverty, order was exemplified by its efficient handling of youth unemployment, illiteracy and lack of basic three serious security incidents without UNAMSIL infrastructure. He also noted the commendable assistance: the violent riots resulting from the progress in the diamond-mining sector, adding 7 November murder in Kenema of two motor- that the Government should be encouraged to cycle transportation operators and the death on continue to build on initiatives aimed at generat- 18 November in Koidu of a third operator in a ing additional revenue from that vital sector. He traffic accident; and the disruption on 19Novem- said further efforts, including by the interna- ber by the supporters of Charles Margai of a com- tional community, were required to help resolve memorative ceremony at a college in Bo, where the potential source of conflict posed by the Vice-President Berewa was the guest of honour. Yenga border dispute, and instructed his Special No major external threats to the country’s secu- Representative to intensify mediation efforts to rity occurred during the reporting period. reach a solution before the termination of Efforts to resolve the Yenga border dispute were UNAMSIL. in progress; Guinea and Sierra Leone conducted Report of Secretary-General (December). In an on-site inspection of the disputed area and his final report on UNAMSIL [S/2005/777], the held consultations at Koindu. Secretary-General observed that the tasks before In anticipation of the start of UNIOSIL opera- the country as it advanced into the post-conflict tions on 1 January 2006, a UN interdepartmental peacebuilding phase were challenging. Public team led by UNDP, and in collaboration with the expectation of peace dividends was high at the Government and relevant partners, developed a same time that perception of government respon- draft peace consolidation strategy that would siveness to the population’s needs was generally provide the framework for the implementation of low; whence the need for a strategy to communi- the UNIOSIL mandate. Building upon the work cate the Government’s vision and programmes to accomplished under the joint UNAMSIL/UN the public and to involve the participation of civic country team transition plan for 2005, the strat-

YUN05—4th proofs Dec. 24 2007 Africa 285 egy would focus on peace consolidation, as well as in the subregion, the donor community, humani- on complementing the Government’s poverty tarian organizations, the Government and civil reduction strategy and the revised UN develop- society in order to steer Sierra Leone on the path ment assistance framework. The third review of to post-conflict recovery. The formidable chal- the transition plan, conducted in October, lenges posed by the socio-economic situation not- pointed to the successful completion of the initia- withstanding, the prospects for Sierra Leone tives taken by the UN system towards laying the were promising. The Secretary-General was en- foundation for post-conflict peacebuilding in couraged by recent pledges of support by donors Sierra Leone. at the Fourth Consultative Group Meeting (Lon- Towards the completion of its withdrawal by don, 29-30 November) held by the World Bank the end of December, UNMIL assumed command and by the enthusiasm of political parties in pre- of the military unit protecting the Special Court paring for the 2007 elections. for Sierra Leone on 1 December; it would be re- The Secretary-General highlighted the fact lieved on 15 January 2006 by a military guard that UNAMSIL had broken new ground as the first force from Mongolia. UNMIL would also earmark peacekeeping mission to absorb a parallel sub- a rapid reaction force to be deployed from the Li- regional peacekeeping force and to enter into a berian capital of Monrovia to Freetown. backstopping arrangement with a Member State, Ongoing restructuring of Sierra Leone’s namely,the United Kingdom, which had simulta- armed forces slowed considerably due to a short- neously launched a security sector reform pro- age of resources. The army training and restruc- gramme to complement the Mission’s efforts. He turing programme required additional resources also highlighted the integrated mission concept, to enable it to be completed on schedule. The Si- introduced for the first time in UNAMSIL, whose erra Leone police were deployed throughout the Deputy Special Representative held three inte- country in 74 police stations and 112 police posts. grative offices (see p. 283); the innovative ap- Police strength reached the benchmark figure of proach of the Security Council to the UNAMSIL 9,500, some 4,000 of whom had received training exit strategy, based on a carefully calibrated from UNAMSIL. drawdown of its military component in step with The increasing trend towards respect for hu- the fulfilment of specified benchmarks; the es- man rights and fundamental freedoms contin- tablishment of UNIOSIL with its integrated na- ued, especially for civil and political rights. ture and comprehensive peacebuilding mandate; Efforts were in progress to repeal or amend the and the regional approach to peacekeeping oper- provisions of the Public Order Act to eliminate ations through inter-mission cooperation be- undue limits on freedom of expression. The tween UNAMSIL and other UN presences in the Government authorized the Ministry of Justice subregion. to proceed with the establishment of a national The Secretary-General noted that the pres- human rights commission. UNAMSIL collabo- ence of both UNAMSIL and UNMIL had enabled rated with the Ministry on the selection and ap- the countries of the Mano River basin to begin re- pointment of commissioners, while OHCHR con- building peaceful and mutually beneficial rela- tracted for the advisory services of a consultant. tionships. He hoped that Sierra Leone, Côte UNAMSIL, which produced an abridged version d’Ivoire, Guinea and Liberia would construct of the Truth and Reconciliation Commission’s fi- new mechanisms for security cooperation among nal report, continued its dissemination and con- them and that key stabilizing factors would pre- ducted workshops on its findings and recom- vail to ensure peace and stability in the West Af- mendations. To date, the Government had not rica subregion. prepared an action plan for implementing the Security Council consideration. The Security recommendations. A stakeholders conference Council, at its 20 December meeting [meeting 5334] was held (6-8 December, Freetown) to review the to consider the Secretary-General’s foregoing re- human rights situation in Sierra Leone, assess port, heard a briefing by the Special Representa- tasks to be undertaken in the post-UNAMSIL tive for Sierra Leone and Head of UNAMSIL, who phase and develop a work plan for the human commended the country’s gradual rise from a rights component of UNIOSIL. decade-long conflict and remarkable turn- The Secretary-General observed that the com- around towards a future of hope and promise for pletion of the peacekeeping phase of UN involve- a better life for its population. That UNAMSIL had ment in Sierra Leone and the departure of completed most of the tasks assigned to it was a UNAMSIL at the end of December marked a turn- source of pride. One of the most satisfying ing point for the country. During its six years of achievements had been the realization of the operation, UNAMSIL had forged an effective part- benchmark to strengthen the Sierra Leone police nership with the UN country team, the countries to its pre-war level of 9,500 personnel under the

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supervision of the UN police. The Special Repre- continued support to the Government as it tackles sentative drew attention not only to the dramatic the many challenges ahead, including good govern- increase in revenue collection, citing that by No- ance, sustainable economic development, job cre- ation and delivery of public services. The Govern- vember diamond exports had already amounted ment will need the sustained help of donors and to some $131 million, but also to specific aspects development partners, particularly in addressing of control over the diamond industry that were difficult but essential issues such as security sector imperative. He pointed out, however, some of the reform, fighting corruption, the reinforcement of problems that could destabilize the country in governance mechanisms, including the judiciary, the post-UNAMSIL phase: funding gaps for meet- and equal rights for women and girls. The Council ing running costs of the security sector and therefore encourages Sierra Leone’s development partners to continue their support in all these areas, support services, the possible intensification of and notes with satisfaction the outcome of the recent inter- and intra-party rivalry as the 2007 elections meeting of the donors’ Consultative Group on Sierra approached, the backlog in court trials, unem- Leone, held in London on 29 and 30 November ployment and poverty. 2005. The Special Representative remarked that, at With Sierra Leone now stable and at peace, the the request of the Peacekeeping Best Practices Council sees a great opportunity for the develop- Section of DPKO, a public opinion survey directed ment of a mature and vibrant political culture. Achieving this will require tolerance, cooperation by Jean Krasno of the City College of New York from all sides and a shared commitment to act re- and Yale University revealed that a large number sponsibly and avoid inflammatory rhetoric. To that of Sierra Leoneans had a positive perception of end, government and political leaders should reaf- the work done by UNAMSIL since its inception. He firm their commitment to the basic principles of was convinced that the Mission had provided a democratic governance. This will pave the way for model for future peacekeeping missions. He fair, transparent and peaceful elections in 2007. thanked all concerned for their collaborative The Council reiterates its appreciation for the work of the Special Court for Sierra Leone and its vi- effort without which UNAMSIL could have fal- tal contribution to reconciliation and the rule of law tered or failed. in the country and the subregion, and encourages all States, particularly States in the subregion, to co- SECURITY COUNCIL ACTION operate fully with the Court and to provide it with On 20 December [meeting 5334], following con- the necessary financial resources. sultations among Security Council members, the The Council continues to emphasize the impor- President made statement S/PRST/2005/63 on tance of a regional approach to the countries of West Africa. The Council hopes that Sierra Leone’s behalf of the Council: neighbours will intensify their cooperation, not least The Security Council commends the United through the Mano River Union and the Economic Nations Mission in Sierra Leone for its invaluable Community of West African States, especially in the contribution over the last six years to Sierra Leone’s area of peace and security, and with the continued recovery from conflict and its progress towards support of the United Nations and development peace, democracy and prosperity. The Council is partners. grateful to the Secretary-General, his Special Repre- sentatives and all the individuals from the United Special Court for Sierra Leone Nations and from troop- and police-contributing countries who have made the Mission a success, espe- The Special Court for Sierra Leone, jointly es- cially those who helped the Mission to recover from tablished by the Government of Sierra Leone the crisis it faced in May 2000. The Council also and the United Nations in 2002 [YUN 2002, p. 164] deeply appreciates the cooperation extended by the in accordance with Security Council resolution Government and the people of Sierra Leone to the 1315(2000) [YUN 2000, p. 205], continued in 2005 to Mission and the members of the United Nations try those bearing the “greatest responsibility” for family operating in the country. serious violations of international humanitarian The Council notes with satisfaction the innova- tions in the Mission’s methods of operation that may and Sierra Leonean laws committed in the terri- prove useful best practice in making other United tory of Sierra Leone since 1996. The Secretary- Nations peacekeeping operations more effective and General reported in April [S/2005/273] that former efficient, including an exit strategy based on specific Chairman of the Armed Forces Revolutionary benchmarks for drawdown; an integrated mission Council (AFRC) Johnny Paul Koroma, under a 17- with a Deputy Special Representative managing gov- count indictment, remained at large, and that ernance, development and humanitarian elements; efforts were continuing to apprehend former Li- and substantial, regular cooperation and coordina- tion with other United Nations peacekeeping opera- berian President Charles Taylor, indicted in 2003 tions and offices in the region. [YUN 2003, p. 216] on 17counts of crimes against hu- At the request of the Council, the Secretary- manity, violations of article 3 common to the General has established the new United Nations In- Geneva Conventions and of Additional Proto- tegrated Office in Sierra Leone in order to provide col II and other serious violations of interna-

YUN05—4th proofs Dec. 24 2007 Africa 287 tional humanitarian law and currently in asylum ment Committee on 18 May. The strategy speci- in Nigeria. On 24 February, the European Parlia- fied that the Court’s mandate would be carried ment unanimously adopted a resolution calling out in two phases: the completion phase of the tri- on the EU member States to take immediate als, during which the Court would render final action to bring about the appearance of Charles judgements against all accused in custody and Taylor before the Special Court. transfer those convicted to appropriate prisons in Security Council consideration. On 24 May or outside Sierra Leone to serve their sentences, [meeting 5185], the President of the Special Court and concurrently downsize its staff and transfer for Sierra Leone, Judge Emanuel Ayoola, briefed and liquidate its assets; and the post-completion the Security Council on the progress of the Court phase, during which the Court, through a mecha- in relation to its revised completion strategy (see nism that would need to be created, would con- below). He said that of 13 indictments issued, two tinue certain residual activities: supervising sen- were withdrawn due to the death of the accused, tence enforcement, providing witness support leaving 11 proper indictments active. Nine of the and protection, and conducting contempt and re- 11 accused were in the custody of the Court in view proceedings and proceedings against any Freetown and two remained at large (see above). accused who later surrendered or was appre- The Prosecutor indicated the possibility of addi- hended. tional indictments that could be linked to existing In addition, the completion strategy paper up- indictees, but their number would be limited. As dated Court activities, including the swearing in to the three joint trials under way, namely, of of three additional judges in January; introduc- AFRC, the Civil Defence Forces (CDF) and the Rev- ing initiatives to improve trial management effi- olutionary United Front (RUF), Judge Ayoola esti- ciency in the form of a second TrialChamber that mated that, at the trial stage, the trials of the first began functioning in March, and the creation of two would be completed by the end of 2005 or a Judicial Services Co-ordinating Committee, the early 2006, and the third by the end of 2006, plus estimated completion dates of the trials and the an estimated additional four to six months for the status of enforcement agreements. The paper appeals stage. also pointed to ongoing efforts to develop a fund- The Judge stressed that several factors could raising strategy for the Court’s completion and adversely affect the progress of the trials and thus post-completion phases from January 2006 on- the completion strategy, such as the number of wards, the need to retain key personnel and en- witnesses required or the sudden illness or un- sure the security of the Court’s premises, and the availability of key individual participants, as well concern of the Court that supporters of the de- as funding, security and cooperation of States tainees posed a security threat to it so that the (principally Nigeria and Liberia) in transferring continued presence of international troops to the two accused who were at large. He said the im- protect the Court and its staff until the end of portance of the expeditious apprehension and trial proceedings was critical to the completion trial of Messrs. Koroma and Taylor could not be strategy. overemphasized for the credibility of the Court and for its contribution to combating the culture Security arrangements of impunity, which was essential for the consoli- In keeping with Security Council resolution dation of peace and development of the rule of 1610(2005) (see p. 280), the Secretary-General, on law in Sierra Leone. On the question of funding 28 July [S/2005/273/Add.2], following consultations for the Court, he was aware that the Fifth Com- among the Special Court, UNAMSIL and UNMIL mittee was considering a commitment authority on various options for providing reliable security for the period 31July–31 December 2005 but that for the Court after UNAMSIL’s withdrawal at the funds beyond 2005 had not been assured. end of the year, indicated that while the overall The Council, by resolution 1638(2005) (see security of the Court would continue to be pro- p. 267) of 11November, authorized UNMIL to ap- vided by the Sierra Leonean Government, the prehend and detain Charles Taylor, should he re- only feasible and cost-effective option would be to turn to Liberia, and transfer him to Sierra Leone transfer that responsibility from UNAMSIL to for prosecution before the Special Court. UNMIL. Therefore, subject to the consent of troop-contributing countries, the Secretary- Completion strategy General recommended that a company-size mili- By identical letters of 26 May to the General tary unit from UNAMSIL be retained in Freetown Assembly and the Security Council [A/59/816- upon its departure to continue to protect the S/2005/350], the Secretary-General presented the Court, and that UNMIL assume command, con- revised completion strategy prepared by the Spe- trol and support of the unit. He said his recom- cial Court and endorsed by the Court’s Manage- mendations were fully consistent with resolution

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1609(2005) (see p. 236) authorizing, subject to Sanctions certain conditions, the temporary redeployment The Security Council Committee established of military and civilian police personnel among pursuant to resolution 1132(1997) [YUN 1997, p. 135] UNMIL, UNAMSIL and UNOCI to deal with chal- concerning Sierra Leone submitted two reports lenges that could not be handled within the in 2005: one on 25 January [S/2005/44] covering its authorized personnel ceiling of a given mission 2004 [YUN 2004, p. 223] activities and the other on in the region; approval of his recommendation 30 December [S/2005/843] covering its 2005 activi- would enhance inter-mission cooperation, as pro- ties to monitor and implement the 1998embargo posed in his report [S/2005/135] on such coopera- on the sale or supply of arms to Sierra Leone and tion and possible cross-border operations among the travel ban on leading members of the former the three missions. The UN Secretariat, UNAMSIL military junta in Sierra Leone and of RUF, im- and UNMIL had already consulted with potential posed by resolution 1171(1998) [YUN 1998, p. 169]. troop-contributing countries, the Governments During 2005, the Committee did not meet, but of Liberia and Sierra Leone, and the Special its members were able to take all necessary deci- Court, and implementation proposals were being sions through the no-objection procedure. It prepared. noted that, as of the reporting date, the travel ban list included the names of 30 individuals desig- nated as leading members of the former military Financing junta, AFRC and RUF. Since the list was last re- Report of Secretary General. The Secretary- vised in September 2004, no further information General indicated in an 18 April report or recommendation had been received from [A/59/534/Add.4] that, for the period from 1 July Sierra Leone. In 2005, the Committee received a 2004 to 30 June 2005, expenditures for the 2 August notification from Greece of its pro- Special Court would total approximately posed export of a diesel electric generator to $26.6 million. He estimated that the commit- Sierra Leone by a South African power company; ment authority of $20 million authorized by Gen- the Committee replied that since the equipment eral Assembly resolution 59/276 [YUN 2004, p. 1383] was not an embargoed item, it was not subject to to supplement the Court’s financial resources for the Committee’s consideration. On 22 August the period 1 January to 30 June 2005 would be [S/2005/561], the United Kingdom notified the fully utilized and that an additional subvention Committee of its plan to export blank ammuni- of $13 million would be required for the period tion and demolition stores to the Sierra Leone from 1 July to 31 December 2005. Accordingly, armed forces. On 3 November [S/2005/724], the the Secretary-General requested the Assembly to United Kingdom further notified the Commit- appropriate $33 million as a subvention to the tee of the request for a trade licence to export Court for the period from 1 January to 31Decem- armoured cars from Jordan to Sierra Leone for ber 2005 under special political missions of sec- use by the Special Court for Sierra Leone. tion 3, Political affairs, of the 2004-2005 pro- The Chairman of the Committee was of the gramme budget. A further subvention of view that, following the completion of the $7 million would be required in 2006 to allow the drawdown of UNAMSIL from Sierra Leone, the Court to complete the existing trials, which the time would be appropriate for the Security Coun- Secretary-General would request under the same cil to revisit the legal basis of its measures con- section in the 2006-2007 programme budget dur- cerning Sierra Leone. ing the sixtieth (2005) session of the General As- Security Council consideration. At the sembly. meeting of the Security Council on 19 Decem- ber [meeting 5332], the Security Council Commit- ACABQ [A/59/569/Add.4] encouraged the Court’s Management Committee to raise volun- tee Chairman, Ronaldo Mota Sardenberg, in tary contributions and recommended that the his briefing of the Council, summarized the Secretary-General, in concert with the Commit- history of the sanctions imposed in Sierra Leone, beginning with Council resolution tee, intensify efforts to raise voluntary contribu- 1132(1997), based on the Council’s determina- tions to support the work of the Court. tion that the situation in the country consti- By section II of resolution 59/294 of 22 June tuted a threat to international peace and secu- (see p. 1488), the Assembly authorized an addi- rity. Taking into consideration the fact that tional $13 million subvention to supplement the UNAMSIL had since forged effective partner- finance resources of the Court for the period ships and placed Sierra Leone on a firm path to 1 July to 31 December 2005, bringing the total post-conflict recovery, and in the context of the subvention to $33 million for the period 1 Janu- Government’s further progress towards consoli- ary to 31 December 2005. dating constitutional order and assuming full

YUN05—4th proofs Dec. 24 2007 Africa 289 responsibility for the maintenance of the coun- the Government appointed by the President and try’s security,Mr. Sardenberg said that the Coun- the other allied to the Government formed in cil might soon start to review the Sierra Leone May 2004 and dismissed by the President. The sanctions regime with a view to updating its legal balance of power remained fluid, with neither basis and streamlining the measures currently in side able to assure sustainable support in Parlia- place, as well as the Committee’s mandate. Con- ment. sultations within the Committee and with the Throughout the electoral process, UNOGBIS Government of Sierra Leone would contribute used its good offices to promote dialogue among towards that end. political, military and civil society actors. The Secretary-General noted that the aspects of its mandate relating to the full restoration of consti- Guinea-Bissau tutional order, the holding of peaceful, free and The United Nations Peace-building Support fair presidential elections and the elaboration of Office in Guinea-Bissau (UNOGBIS) continued in a UN peacebuilding strategy for Guinea-Bissau 2005 to assist Guinea-Bissau in the implementa- had been successfully implemented. The en- tion of the provisions of the September 2003 Pol- gagement of key national stakeholders and inter- itical Transition Charter for the restoration of national partners on the question of security sec- constitutional order [YUN 2003, p. 227], interrupted tor reform within the broader framework of by a military mutiny in October 2004. public administration reform was under way, and For most of the first half of 2005, the political the basis of a national initiative to address the situation in the country was dominated by prepa- challenge posed by illicit small arms and light rations for the presidential elections held in two weapons had been established. In view of those rounds: the first on 19 June and the second on 24 developments, the Secretary-General, with the July, culminating in the election of João concurrence of the Security Council, adjusted Bernardo “Nino” Vieira and his investiture on the mandate of UNOGBIS and its resource base 1 October as the new President of Guinea-Bissau. and staffing, in its new role of supporting the The event marked the completion of the electoral Government’s efforts to consolidate constitu- process that began in March 2004, ending a tran- tional rule, promote national reconciliation and sitional period that had been in progress since respect for the rule of law and human rights, and the coup d’état of 14 September 2003. of working with the other UN agencies to mobil- The conduct of the elections, observed by in- ize international financial assistance to enable ternational observers and coordinated by UNOGBIS the Government to meet its immediate financial country-wide, was peaceful and deemed free, fair needs. and transparent. The pre-election stage, how- ever, was marred by tensions sparked by the ques- UNOGBIS tion as to whether one of two candidates who were The United Nations Peace-building Support former Presidents was eligible to run under the Office in Guinea-Bissau (UNOGBIS), a political terms of the Transition Charter. Tensions mission established in 1999 by decision of the mounted in the immediate post-election period Secretary-General and supported by Security as the runner-up persisted in rejecting the voting Council resolution 1233(1999) [YUN 1999, p. 140], results and twice appealed to the Supreme Court was extended until 22 December 2005. Its man- of Justice for their annulment. The Court ruled date had been revised by resolution 1580(2004) to confirm the results on the first appeal; it could [YUN 2004, p. 229] in the face of intensified political not rule on the second owing to “insufficient ju- turmoil and uncertainty in 2004. The Support dicial elements”. The investiture of the President Office was headed by the Representative of was thus able to proceed. the Secretary-General for Guinea-Bissau, João Relations between the President and Prime Bernardo Honwana (Mozambique). Minister were difficult, notwithstanding their In line with resolution 1580(2004), the publicly stated willingness to work together. On Secretary-General reported, in March [S/2005/ 28 October, the President dismissed the Govern- 174 ] , that a UN multidisciplinary mission visited ment, citing tensions among the organs of State Guinea-Bissau from 12 to 17February to conduct sovereignty that rendered the Government dys- a review of UNOGBIS with a view to adjusting the functional. Shortly after, he appointed a new Mission’s capacities to meet the requirements of Prime Minister and, on 9 November, named a its mandate. Its broad objectives were to assess new Government. Those actions deepened the those aspects of the mandate that could foster divisions generated during the elections, as re- political dialogue, ensure credible elections to flected in a National Popular Assembly that be- take place in 2005, enhance respect for the rule of came polarized into two camps: one supporting law and promote transitional justice, enhance the

YUN05—4th proofs Dec. 24 2007 290 Political and security questions administration of justice, develop local conflict resource base and personnel requirements as in- resolution mechanisms, promote security sector dicated in March (above). reform, initiate programmes to eradicate the pro- On 2 December [S/2005/795], the Secretary- liferation of small arms and mobilize interna- General advised the Council of a 21 November tional support for the country. letter from the new President of Guinea-Bissau In the light of work that remained to put the stating that, while UNOGBIS had achieved an im- country’s peacebuilding process on a steady portant element in its mandate with the conclu- forward-looking track, and taking account of the sion of the political transition in the country, it findings of the review mission, the Secretary- still had a decisive role to play in the consolida- General recommended that, within the frame- tion of peace and stability and requested an ex- work of its revised mandate, as outlined in Coun- tension of UNOGBIS mandate. The Secretary- cil resolution 1580(2004), UNOGBIS should focus General furthermore referred to his proposals on the promotion of political dialogue, develop- (above) for the adjustment of the mandate and ment of stable civil-military relations, promotion recommended that it be extended for one year, of the implementation of the Programme of until 31December 2006, which the Council noted Action adopted by the 2001 UN Conference on on 15 December [S/2005/796]. The Council had small arms [YUN 2001, p. 499] as an urgent priority, issued a press statement on the previous day advancement of a comprehensive and integrated [SC/8581], stating that an agreement was reached UN peacebuilding strategy, and adjustment of for the mandate’s revision and renewal as recom- the use of available UNOGBIS human and finan- mended. cial resources to enable it to respond more effec- tively to the requirements of its revised mandate. Political and security In that regard, some existing posts might need to developments and UNOGBIS activities be adjusted and new posts created. Report of Secretary-General (March). In his In view of the completion of the country’s tran- March report [S/2005/174] on developments in sition phase that culminated in the presidential Guinea-Bissau and UNOGBIS activities, the elections, the Secretary-General, in September Secretary-General noted that the country had im- [S/2005/575], proposed that UNOGBIS mandate be proved noticeably since his December 2004 re- revised to include the following functions: to port [YUN 2004, p. 228], despite tremendous chal- support efforts to consolidate constitutional rule, lenges. The country was peaceful, although the enhance political dialogue and promote national political situation remained complex and diffi- reconciliation and respect for the rule of law and cult. The Government was preparing for the human rights; to assist in strengthening the holding of presidential elections by 7 May, as en- capacity of national institutions to maintain con- visaged in the 2003 Political Transition Charter stitutional order; to encourage and support na- [YUN 2003, p. 227], which was one of the key bench- tional efforts to reform the security sector; to en- marks for the full restoration of constitutional courage the Government to implement fully the normality. However, the slow pace of the prepa- Programme of Action on small arms; within the rations and the transition processes, which were framework of a comprehensive peacebuilding interrupted by the 6 October 2004 military mu- strategy, to work closely with the Resident Coor- tiny [YUN 2004, p. 227], and the demands by most dinator and the UN country team to mobilize in- political parties for a completely new voter regis- ternational financial assistance to enable the ter resulted in the election date being postponed. Government to meet its immediate financial and Since some 20 political parties had challenged logistical needs; and to enhance cooperation and the accuracy of the 2004 voter register and de- coordination with the AU, ECOWAS, the Com- manded a new registration exercise, the National munity of Portuguese-speaking Countries (CPLP) Election Commission and political parties agreed and other international partners, and inter- to revise the register and to issue new voting mission cooperation. The emphasis of the re- cards. Agreement on that critical measure led to vised mandate would be on initiatives meeting a subsequent consensus that the elections would the requirements of self-sustainability and na- be held in June 2005. Meanwhile, the Govern- tional ownership; the development of synergies ment obtained Parliament’s approval of the 2005 and complementarities with UN agencies, partic- State budget, re-engaged in dialogue with its de- ularly UNDP and the Bretton-Woods institutions velopment partners and continued efforts to- (the World Bank Group and the International wards restoring the rule of law and improving Monetary Fund), and with the AU, ECOWAS and fiscal management. Despite a continuing diffi- CPLP; and political dialogue, governance, human cult financial situation, it managed to pay salaries rights, security sector reform and resource mo- up to December 2004, thereby removing the po- bilization. The Secretary-General reiterated the tential for social unrest.

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The National Popular Assembly, at its new ses- dination authority. By February, 2,545 anti- sion (28 February–28 March), considered a pro- personnel mines, 64 anti-tank mines and 40,439 posed amnesty bill for all involved in various mili- pieces of unexploded ordnance had been re- tary interventions from 1980 to 6 October 2004 moved and 789,075 square metres cleared. and proposed amendments to the Electoral Reg- The economic situation improved slightly in istration and the National Election Commission 2004, the gross domestic product having in- laws. During the session, on 1 March, the Repre- creased to 4.3 per cent. Nonetheless, the Govern- sentative of the Secretary-General in Guinea- ment remained unable to pay the backlog of civil Bissau briefed the Assembly on the political sig- service salary arrears from 2003, domestic debt, nificance and practical implications of Security or salaries for January 2005. The 11February do- Council resolution 1580(2004), especially with nor mini-conference (above) was held to prepare regard to the need to uphold the principles of for the Donor Round Table Conference to be justice and to continue the fight against impu- held in the last quarter of 2005 and to mobilize nity. resources to cover the gap of some $40 million in As to military and security aspects, the Chief the 2005 State budget; funds were to be chan- of General Staff held several sensitization meet- nelled through the UNDP-managed Emergency ings to promote reconciliation of the different Economic Management Fund. military factions. He visited his counterparts in neighbouring Guinea and Senegal in February The Secretary-General observed that the to discuss bilateral security issues and modalities country still faced tremendous challenges and of cooperation among their armed forces. Both was still floundering and unable to address effec- countries provided non-lethal military assistance tively the basic needs of the populace, accomplish military reform or build a common vision among to the Guinea-Bissau armed forces. UNOGBIS continued to encourage the military leadership national stakeholders on how to foster peace, jus- to initiate reform, to which the Chief of General tice and reconciliation. The old sources of con- Staff had several times reiterated his commit- flict persisted. The forthcoming presidential ment. Three committees were set up to examine elections, scheduled for 19 June, would formally the Defence Act and military regulations, retire- end the transition and mark the full restoration ment for members of the armed forces and their of constitutional order. If poorly prepared and managed, however, the elections could be an ad- physical deployment. UNOGBIS and UNDP were finalizing preparations to establish a technical ditional source of tension and further instability. team to support the Government and the armed The Secretary-General therefore urged national forces to plan and implement military reform. stakeholders to endeavour to create an environ- An initial contribution for security sector reform ment conducive to peaceful, transparent, free was raised at a donor mini-conference (Lisbon, and fair elections; a good beginning had been Portugal, 11 February). The Secretary-General made by reaching consensus on the election date. dispatched a fact-finding and project develop- UNOGBIS and the UN country team would con- ment mission (7-11 March) to examine the chal- tinue to support the organization of the elections, lenge posed by the proliferation of small arms concentrating on helping to lower tensions within and light weapons in Guinea-Bissau. The mis- and among political parties and promoting the adoption of a code of conduct by all parties dur- sion, in collaboration with UNOGBIS, the UN country team, the Government and relevant civil ing the electoral period. The Secretary-General society bodies, established the operational and said that the proposal to have Parliament grant a conceptual capacity-building needs for the na- blanket amnesty to all involved in military actions tional implementation of the 2001 Programme of raised concerns among large segments of the Action on small arms. population, including civil society organizations. The International Organization of Migration The Secretary-General called on the interna- (IOM) continued to provide administrative and fi- tional community to support Guinea-Bissau’s nancial management support to the demobiliza- efforts to complete the political transition, man- tion, reinsertion and reintegration programme, age conflict, reform its institutions and relaunch which was in its last phase. Of the 7,182 beneficia- the economy. He welcomed the extension of the ries, 2,406 had been reintegrated and 2,031 were mandate of the Ad Hoc Advisory Group on expected to do so by June. The programme re- Guinea-Bissau of the Economic and Social Coun- quested an extension to December 2005 to allow cil and trusted that it would continue to support it to complete all its reintegration activities. the country to address its pressing short- and Progress towards the elimination of mine- longer-term development goals. related risks continued under the supervision of (For action by the Economic and Social Coun- the UNDP-supported national mine-action coor- cil on the reports of its Ad Hoc Advisory Group

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on Guinea-Bissau with respect to the country’s Peacebuilding Support Office in Guinea-Bissau in humanitarian and economic needs, see p. 1009.) encouraging and supporting national efforts to re- form the security sector.

SECURITY COUNCIL ACTION Report of Secretary-General (June). In his On 31 March [meeting 5157], following consulta- June report [S/2005/380] on Guinea-Bissau and tions among Security Council members, the Pres- UNOGBIS, the Secretary-General noted that ten- ident made statement S/PRST/2005/14 on be- sions over the election preparations (see p. 291) half of the Council: demonstrated the fragility of peace and stability The Security Council recognizes some progress in the country. A mid-April strike by teachers made in some areas in Guinea-Bissau, including the protesting the non-payment of salaries also dem- electoral process, and urges all political actors in onstrated the continued high level of social the country to show unequivocal commitment to a peaceful electoral process, leading to peaceful, dissatisfaction. transparent, free and fair elections, by refraining Reconciliation and reintegration of the differ- from inspiring or promoting any sort of ethnic or ent military factions continued, with the armed religious hostilities, particularly with a view to ob- forces Commission on Reconciliation and Reinte- taining political gains. In this regard, the Council gration holding a series of awareness-raising strongly condemns any attempts to incite violence meetings (28 February–6 April) to promote the and to impede ongoing efforts towards peace, stabil- ity and social and economic development. idea and content of a comprehensive security sec- The Council expresses its growing concern at re- tor reform package. A census taken by the mili- cent political developments in Guinea-Bissau, in tary forces in May concluded that 5,100 military particular the decision by the Partido da Renovaçno personnel were in active service; the Ministry of Social to select ex-President Koumba Yaláas its presi- Public Administration also completed two cen- dential candidate. Any decision, such as this, which suses of the police, border guards and customs challenges the Political Transition Charter has the officials based in Bissau. potential to jeopardize the successful conclusion of the transitional process and forthcoming presiden- Arrangements were formalized to enable in- tial elections. terested Member States to contribute to security The Council also expresses its deep concern at sector reform through the UNDP Thematic Trust the fact that peace efforts have not yet generated suf- Fund for Crisis Prevention and Recovery. The ficient social and economic benefits for the popula- fact-finding mission on illicit small arms that vis- tion that could discourage the use of force. ited Guinea-Bissau in March (see p. 291) de- The Council stresses, at the same time, the urgent veloped a project proposal for assistance towards need for international support to the electoral pro- the establishment of a national small arms com- cess. It recalls previous appeals for increased inter- national assistance to Guinea-Bissau, including to mission to spearhead and coordinate national the forthcoming presidential elections, as part of an efforts to address the problem, and for the execu- urgently needed peacebuilding strategy in that tion of a pilot small arms collection and destruc- country. tion programme in the city of Bissau. While the The Council calls upon Guinea-Bissau’s interna- level of criminality in Guinea-Bissau was rela- tional development partners, including all con- tively low, seizures of illicit weapons and cocaine cerned agencies of the United Nations system, to suggested an increase in organized crime opera- cooperate fully with the Government of Guinea- tors; the Police Commissioner expressed concern Bissau, which has been fully engaged in the imple- about the lack of resources to address the prob- mentation of the Political Transition Charter and in efforts to promote transparency and good govern- lem. ance. It welcomes, in this regard, the holding on 11 Regarding the proposed general amnesty (see February 2005, in Lisbon, of the meeting of Guinea- p. 291), the National Popular Assembly referred Bissau’s partners to prepare for the round-table con- the matter to the Parliamentary Commission on ference and stresses the importance of strong par- National Reconciliation and to the Committee ticipation in the donor round-table conference scheduled for October 2005. for Legal and Constitutional Affairs. UNOGBIS The Council welcomes initial measures taken by partially funded a two-day seminar organized by the Chief of General Staff regarding the process of civil society organizations to promote a better reform of the Armed Forces and the promotion of understanding of the legal aspects of the pro- reconciliation among the military. The Council fur- posal. ther encourages full inclusiveness and renewed com- The Secretary-General said he was encour- mitment to reconciliation in the Armed Forces, and aged by the renewed commitment of the national development of constructive civilian-military rela- tions based on the Armed Forces as an institution authorities to hold the elections on schedule and subordinated to the elected civilian authorities. In called on all candidates to do their utmost to en- accordance with its mandate in resolution 1580 sure a peaceful election and to accept the results. (2004), it reaffirms the role of the United Nations He welcomed the process of reconciliation within

YUN05—4th proofs Dec. 24 2007 Africa 293 the armed forces and the increasingly republican presidential candidates and their supporters to attitude adopted by the military, as well as the re- refrain from any act that might disrupt the elec- affirmation by the military leadership of its sub- toral process and to commit themselves to accept- ordination to civilian authority. He encouraged ing the election results; welcomed the decision of the AU , ECOWAS, CPLP and other partners of the Commission on the Situation in Guinea- Guinea-Bissau to continue their critical role in Bissau to deploy an observer mission to monitor promoting peace and stability in the country. Re- the elections; called for accelerating preparations iterating that Guinea-Bissau continued to face for the Donor Round Table Conference in No- tremendous political, social and economic chal- vember; and agreed in principle to the proposed lenges, he noted that the UN country team and establishment of an AU liaison office that would UNOGBIS had concluded the review of the UN support efforts to promote stability and socio- comprehensive peacebuilding strategy for economic development, and enhance democracy Guinea-Bissau, which combined peace, security and respect for the rule of law and human rights and development agendas and defined the activi- in Guinea-Bissau. ties to be implemented. Pre-election events. On 29 April, the Secretary-General appointed the former Pres- Presidential elections ident of Mozambique, Joaquim Alberto Chissano, Presidential candidates. As reported by the as his Special Envoy for Guinea-Bissau to facili- Secretary-General [S/2005/380], legal controver- tate the holding of peaceful and credible elec- sies surrounding the eligibility of two former tions and to help bring the ongoing transition to a Presidents, João Bernardo “Nino” Vieira and successful conclusion and thus to the restoration Koumba Yalá, to run for the presidency created a of constitutional order. During his visit to the highly polarized atmosphere during the prepara- country (2-10 May), Mr. Chissano met with actors tions for the presidential elections scheduled for involved in the electoral process and secured the 19 June. Mr. Vieira, who returned to Guinea- publicly stated commitments of the armed forces Bissau on 7 April for the first time since his over- and the Ministry of Defence to respect the Con- throw in a 1999 coup [YUN 1999, p. 142],waswel- stitution and not to interfere in the electoral pro- comed by supporters, including a section of the cess. In a ruling announced on 18 May, the Su- governing African Party for the Independence preme Court validated the applications of 17 of of Guinea and Cape Verde (PAIGC). Mr. Yalá, on the 21 candidates, including former Presidents the other hand, nominated on 26 March by the Vieira and Yalá. Although criticized by some, the Party of Social Renewal, filed his candidacy with ruling was accepted by the society at large. Ten- the Supreme Court of Justice, in spite of a provi- sions mounted again on 15 May, when Mr. Yalá sion in the Political Transition Charter banning announced that the Court’s decision to allow him his participation in political activities for five to stand had created a constitutional power vac- years. uum in the country; consequently, he decided to Communications. TheEU,inan8Aprilstate- resume his presidential term and postpone the ment [S/2005/249], expressed its growing concern at elections. The authorities reacted by reaffirming recent developments in the country, particularly the Government’s commitment to hold elections Mr. Yalá’s decision to run in the 19June presiden- as scheduled; the Military Committee Chairman tial elections and his public declarations that could publicly pledged his allegiance to Interim Pres- undermine the efforts and progress achieved thus ident Pereira Rosa; and, on 17May, thousands of far in Guinea-Bissau. It called on regional organi- school children and students, led by their teach- zations, such as CPLP and ECOWAS, to remain ers, held a “march for peace”. Similar marches actively engaged in support of the country’s were also held in the interior of the country. Fol- efforts to achieve political stability. lowing the alleged 25 May attempt by Mr. Yalá to A press statement issued on 13 April on behalf occupy a building of the presidential compound, of the Secretary-General [SG/SM/9818] stated his which he denied, Government authorities and concern at the mounting political and social ten- the National Election Commission issued state- sions as the country prepared for presidential ments reaffirming their commitment to hold elections. Accordingly, he directed his Represen- elections as scheduled. An electoral needs tative in Guinea-Bissau to facilitate dialogue assessment mission dispatched by the Secretary- among all of the country’s political actors, on General to the country (18-25 May) concluded whom he called to refrain from any action or that the necessary technical conditions were in statement that could jeopardize the elections. place for the holding of the first round of elec- The AU Peace and Security Council, by a com- tions. On 28 May, the official candidates began muniqué issued at its thirty-first meeting (Addis their electoral campaign in Bissau. By the end of Ababa, Ethiopia, 8 June) [S/2005/381], urged all May, donors had committed over 2.6 million eu-

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ros to fund the elections through UNDP and di- of the ballot. This marks an important step towards rectly to the Government. TheEU also committed the restoration of constitutional order. The Council up to 1.5 million euros to cover costs of its takes note of the appeal filed with the Supreme Court of Justice by one of the contenders and Election Observation Mission already deployed strongly encourages all parties to honour their com- in Guinea-Bissau. mitments and accept the final ruling of the Court. Elections. The first round of the presidential The Council urges them to refrain from any actions elections took place on 19 June as scheduled. It that could jeopardize the efforts towards peace and was described as peaceful by the Secretary- stability in Guinea-Bissau. General, who commended the people of Guinea- The Council commends the people of Guinea- Bissau for turning out in large numbers Bissau for their encouraging participation in the electoral process. [SG/SM/9942]. The second round, held on 24 July, The Council pays tribute to Guinea-Bissau’s part- was also described by the Secretary-General as ners and neighbours, who provided indispensable peaceful, free, fair and transparent. The provi- support for the holding of the elections. The Coun- sional results were announced by the national cil also congratulates international observers on the election authorities on 28 July: the majority vote, essential role they played throughout the country, 52.35 per cent, had gone to Nino Vieira, com- and welcomes their statement recognizing the presi- pared with 47.65 per cent for Mr. Malam Bacai dential elections as free, fair and transparent. The Council expresses its appreciation for the Sanhá, which Mr. Sanhá and his party, PAIGC,re- contribution made by the African Union, the Com- jected. The Secretary-General appealed for calm munity of Portuguese-speaking Countries, the during the counting process prior to the an- Economic Community of West African States, the nouncement of the final results and stressed the European Union, the Special Envoy of the Secretary- need to employ legal means to address any elec- General, the Special Envoy of the Chairperson of the toral grievances [SG/SM/10018]. Tension persisted African Union, the Representative of the Secretary- as Mr. Sanhá again rejected the final results an- General in Guinea-Bissau and the United Nations nounced on 10 August. Following mediation Peacebuilding Support Office in Guinea-Bissau, bi- lateral partners and international financial institu- efforts by the AU, Mr. Sanhá filed an official ap- tions. The Council underlines the importance of peal with the Supreme Court of Justice, indicat- their timely diplomatic efforts aimed at promoting ing that he would accept the Court’s ruling. The national dialogue and respect for the rule of law. international community, particularly ECOWAS, Considering the challenges still facing Guinea- CPLP, the AU and the United Nations, had co- Bissau, the Council urges all relevant national and operated closely and coordinated their efforts to international parties to reaffirm their commitment reduce electoral tension. to peace and democracy in Guinea-Bissau, and calls upon bilateral development partners of Guinea- Communication. Earlier, the EU, by a 1 August Bissau, international financial institutions and statement [S/2005/514], expressed pleasure that the United Nations agencies to increase their support second round of the presidential elections was for economic and social development and the consol- considered by international observers, particu- idation of national institutions, as well as the promo- larly by the European Union Election Observa- tion of good governance and human rights, in par- tion Mission (EU EOM), to have been peaceful and ticular by providing emergency financial assistance generally well organized in a transparent and in- and technical support, in the short run, and by par- ticipating actively in the Donor Round Table Confer- clusive manner, in line with principles for demo- ence to be held in November 2005. cratic elections, and that the voters were able to The Council therefore welcomes the decision exercise their franchise freely, despite a tense taken by the Economic and Social Council on 26 July pre-election period. Noting the provisional re- 2005 to extend the mandate of the Ad Hoc Advisory sults published on 28 July, the EU called on all Group on Guinea-Bissau, and commends the Advi- political parties and stakeholders to ensure com- sory Group for its work. pletion of the remaining part of the election The Council invites the Secretary-General to pre- process in line with constitutional and other legal sent recommendations in his next report regarding the updating of the mandate of the Support Office provisions. and its role in the consolidation of peace and stability in Guinea-Bissau in the post-transition period. SECURITY COUNCIL ACTION On 19 August [meeting 5248], following consulta- Also on 19 August, the Supreme Court of Jus- tions among Security Council members, the Pres- tice confirmed the final results of the second ident made statement S/PRST/2005/39 on be- round of the presidential elections. On the same half of the Council: date, the EU EOM released a statement confirm- The Security Council acknowledges with satisfac- ing that the elections had met international prin- tion the successful holding of the presidential elec- ciples for democratic elections and that, in tions in Guinea-Bissau and the announcement by the accordance with the electoral law of Guinea- National Electoral Commission of the final results Bissau, all legal resources had been exhausted.

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Nevertheless, on 20 August, Mr. Sanhá and moting sustainable socio-economic development. Prime Minister Carlos Gomes Júnior, the PAIGC Its objectives were: to promote self-sustaining di- president, persisted in rejecting the Court’s rul- alogue; enhance governance, the rule of law and ing. On 23 August, the Secretary-General took respect for human rights; foster harmonious re- note of the Court’s ruling and called on all par- lations between organs of sovereignty, assist in ties to accept it [SG/SM/10055]. On 26 August, the the creation of indigenous conflict prevention Supreme Court rejected Mr. Sanhá’s second re- and national reconciliation mechanisms; support quest for annulment of the poll, declaring that security sector reform and the implementation due to “insufficient judicial elements” it could of the 2001 Programme of Action on small arms; not rule on the request. and mobilize international support for quick- In New York, on 21 September, the Secretary- impact projects. General met with the Prime Minister to impress In his summary of developments so far, the upon him the need to abide by his commitment Secretary-General noted that the aspects of the made before the General Assembly on 16 Sep- UNOGBIS mandate relating to the full restoration tember that the President-elect would be inaugu- of constitutional order, the holding of peaceful, rated on 1 October 2005 [SG/SM/10117].Ascon- free and fair presidential elections and the firmed to the Assembly, President-elect Vieira elaboration of a UN peacebuilding strategy for was sworn in on 1 October as the new President of Guinea-Bissau had been successfully imple- Guinea-Bissau, marking the formal end of the mented. The engagement of key national stake- transitional period, which the country had been holders and international partners on the ques- undergoing since the coup d’état of 14 Septem- tion of security sector reform within the broader ber 2003. framework of public administration reform was under way, and the basis of a national initiative to Post-electoral situation address the challenge posed by illicit small arms Report of Secretary-General (September). In and light weapons had been established and re- his September report [S/2005/575] on develop- quired resource mobilization. ments in Guinea-Bissau and UNOGBIS activities, In view of those developments, the Secretary- the Secretary-General said that the political situ- General proposed a revision of the UNOGBIS ation in the country remained fragile. Although mandate and an increase in its resources base and the aftermath of the polling was marked by bit- personnel requirements (see p. 289). terness and sharp political divisions over the pro- Report of Secretary-General (December). In visional election results, there were some positive his December report on Guinea-Bissau and aspects of the electoral process: the political neu- UNOGBIS [S/2005/752], the Secretary-General trality of the armed forces, deemed crucial in noted the strained political situation in the guaranteeing a peaceful environment for the country. The persistent rejection of the election elections; the appeals by national civil society or- results by Mr. Sanhá and the stalling until 1 Octo- ganizations to candidates and their supporters to ber of the inauguration of President Vieira raised practice civil tolerance; and the use by UNOGBIS internal tensions and worried the country’s ex- of its good offices to promote dialogue among ternal partners. Because of the deep divisions the political, military and civil society actors over the elections, the Guinea-Bissau political throughout the electoral process. class remained highly polarized, resulting in a re- From March to August, UNOGBIS focused its alignment of political forces in Parliament activities on managing and resolving crises inher- caused by splits within the governing party. The ent in the political transition, and building work- rift in PAIGC arose over support by a faction of the ing relationships with national stakeholders and party for the electoral campaign of President international partners in preparation for the Vieira and deepened further when the party post-transition consolidation phase. It would also leadership, headed by former Prime Minister facilitate the development of self-sustainable na- Carlos Gomes Júnior, sought to maintain sanc- tional peacebuilding mechanisms and initiatives tions applied against 14 PAIGC parliamentarians and resume its advocacy and good offices roles, as who had backed the Vieira campaign, including well as training and capacity-building activities, the PAIGC vice-president, Aristides Gomes. In an especially in conflict management and resolu- attempt to create a new majority in Parliament, tion. the 14 suspended PAIGC parliamentarians and A draft comprehensive peacebuilding strategy other parties and individuals supporting Pres- was prepared and discussed with national stake- ident Vieira formed the Forum for the Conver- holders, which aligned the short-term political gence of Development. Shortly after President objectives of consolidating peace and stability Vieira took office, he and Prime Minister Carlos with the medium- to long-term objectives of pro- Gomes Júnior publicly stated their willingness to

YUN05—4th proofs Dec. 24 2007 296 Political and security questions work together but their relations continued to be logue and reconciliation, yet the will to move to difficult. Thus, following intensive consultations, joint problem-solving was lacking. the President issued a decree on 28 October dis- UNOGBIS continued its support of national missing the Government, citing continuing ten- efforts towards security sector reform. In Decem- sions among the organs of State sovereignty, ber, it presented to the Government the report of which hampered the smooth functioning of State the United Kingdom Security Sector Develop- institutions and weakened the Government’s ment Advisory Team that visited the country in capacity to survive in Parliament. PAIGC de- October. Based on one of the recommendations nounced the decision as “arbitrary and unconsti- in the report, the Prime Minister issued a decree tutional”. On 2 November, the President issued creating an inter-ministerial committee on secu- another decree appointing Aristides Gomes as rity sector reform. Prime Minister, drawing further adverse reac- tion from the PAIGC leadership, who contested the decision in the Supreme Court of Justice, in- Cameroon–Nigeria sisting that the Prime Minister should come from In 2005, Cameroon and Nigeria continued to PAIGC as the party majority in Parliament. On cooperate peacefully to advance progress in im- 9 November, the President named a new Govern- plementing the 2002 ruling of the International ment, which was expected to present its pro- Court of Justice on the land and maritime gramme and the 2006 budget to the regular boundary between them through the Cameroon- month-long parliamentary session. Nigeria Mixed Commission. The Secretary- General, through his good offices and with UN UNOGBIS continued to use its good offices, of- Secretariat support, continued to facilitate imple- ten in tandem with ECOWAS, to help calm tensions and to focus on helping to develop self-sustaining mentation. During the year, the withdrawal and national peacebuilding mechanisms. transfer of authority along the land boundary were completed, as was a field assessment pilot The Secretary-General, noting that political project to establish the modus operandi of the tensions along personality and party lines contin- complex survey of the land boundary. Demarca- ued to cast a shadow on the prospects for stability tion of the land boundary began in early Novem- in Guinea-Bissau, warned that the lingering ber southward from Lake Chad, spanning the political instability not only hampered further distance from the mouth of the river Ebeji to democratic progress, but could lead donors to Lawa/Wulba [UNOWA/CNMC/2005/09]. withhold urgently needed assistance to meet At their fourth meeting with the Secretary- the country’s reconstruction and development General in May,the Heads of State of the two par- needs. He called upon all political actors and the ties renewed their commitment to pursue to com- society at large to respect the Supreme Court’s pletion of the outstanding aspects of the imple- ruling, once rendered, over the constitutionality mentation, including the Bakassi peninsula and of the President’s government changes. the maritime boundary into the Gulf of Guinea. Further developments. In a later report [S/ 2006/162], the Secretary-General said that the Cameroon–Nigeria Mixed Commission stand-off between the Government and the op- The Cameroon-Nigeria Mixed Commission, position in Parliament had hampered progress in the mechanism established by the Secretary- the normalization of relations among State insti- General on 15November 2002 [YUN 2002, p. 1265] at tutions. The bitter divisions were mirrored in a the request of the Presidents of Nigeria and National Popular Assembly polarized into two Cameroon to facilitate the peaceful implementa- blocs: one, a dissident PAIGC faction supporting tion of the 10 October 2002 ruling of the Interna- the Government appointed by the President on tional Court of Justice (ICJ) on the border dispute 2 November; the other, allied to the previous between them [ibid., p. 1265], remained under the PAIGC Government dismissed by the President on chairmanship of the Special Representative of 28 October. The balance of power remained the Secretary-General for West Africa, Ahmedou fluid, with neither side able to assure sustainable Ould-Abdallah (Mauritania). The Commission support in Parliament. UNOGBIS led joint efforts was responsible for the demarcation of the land with CPLP and ECOWAS to get the two sides to ne- boundary between the two countries; the with- gotiate their differences constructively. A process drawal of civil administration, military and po- initiated to bring together senior presidential ad- lice forces and transfer of authority in relevant visers, government representatives, parliamen- areas along the boundary; the eventual demilita- tary parties and the Permanent Commission of rization of the Bakassi peninsula; the protection the National Popular Assembly resulted in the of the rights of the affected populations; the de- participants’ commitment to constructive dia- velopment of projects to promote joint economic

YUN05—4th proofs Dec. 24 2007 Africa 297 ventures and cross-border cooperation; and the of civilian observers from Cameroon, Nigeria reactivation of the five-member Lake Chad Basin and the United Nations for a 12-month period Commission (Cameroon, Central African Re- from the withdrawal date. The team reported public, Chad, Niger and Nigeria), created in 1964 that the situation in the two areas remained calm for the regulation and planning of the uses of the and the issues raised by the affected populations Lake and other natural resources of the conven- were being addressed by the new authorities in tional basin. the transferred areas. To foster confidence The Mixed Commission established two sub- among the parties, the Commission identified commissions: one responsible for the demarca- projects aimed at promoting cross-border co- tion of the 1,600-kilometre land boundary be- operation and joint economic activities. It sought tween the two countries, with a joint technical financing for those projects from several multi- team to carry out field assessments of the bound- lateral financial and development organizations ary and to supervise the demarcation work to be and obtained voluntary contributions to cover undertaken by outside contractors; the other to costs related to the work of two military advisers assess the situation of the affected populations and a legal expert on the maritime boundary. In- and to consider ways to ensure the protection of kind contributions in the form of accommoda- their rights. Of the Commission’s three working tions and transportation were provided by the two groups, those on the withdrawal of civil adminis- countries for the Commission’s meetings and tration and military and police forces and the field visits to the Lake Chad area, the land transfer of authority in the Lake Chad area, and boundary and the Bakassi peninsula. Both coun- on withdrawals and transfers of authority in the tries made a number of reciprocal official visits land boundary, completed their work in Decem- and discussed cross-border cooperation. ber 2003 and July 2004, respectively. The third The first phase of the demarcation activities working group, on maritime boundary, re- was a pilot field assessment undertaken from mained in place. An observer team was responsi- March to May (on a 62-kilometre stretch) to verify ble for following up on the withdrawals and the location of the physical boundary line as de- transfers of authority in the Lake Chad area and picted on preliminary maps produced by the the land boundary. A UN team based in Dakar, United Nations and to determine pillar sites. Senegal, provided technical and logistical assist- The exercise sought to establish the technical mo- ance and substantive support to the Commission dalities of the survey of the 1,600-kilometre land and its subsidiary bodies. The mandate of the boundary. The field assessment was to be fol- United Nations Office for West Africa also called lowed by the emplacement of pillars, a final sur- for support to the work of the Mixed Commission vey and a final mapping. A workplan on the mari- (see p. 224). time boundary agreed upon by the two parties in The activities of the Mixed Commission in June 2004 included the delineation of the mari- 2005 focused on three core tasks: completing and time boundary, as delimited by the 2002 ICJ deci- consolidating the transfers of authority under- sion, and the production of a map on that basis. It taken in 2004 through monitoring, assessment was expected that the delimitation process would and support activities on behalf of the affected continue in the second half of 2005. populations placed under new administration At the Secretary-General’s fourth meeting along the final land boundary; finding solutions with the Presidents of Cameroon and Nigeria to the outstanding maritime boundary issues; (Geneva, 10-11 May) to review the work of the and carrying out the demarcation process to its Commission, the Presidents renewed their com- conclusion [A/59/534/Add.1]. mitment to pursue the peaceful implementation of the ICJ ruling and move the process forward to Activities its completion. The withdrawal and transfer of Progress report. On 1 August [S/2005/528], the authority in the Bakassi Peninsula, which had Secretary-General informed the Security Coun- been planned for 15 September 2004, were de- cil of the latest achievements and activities un- layed due to technical reasons raised by one of the dertaken by the Mixed Commission to imple- parties. The demarcation of the land boundary, ment the 2002 ICJ ruling. He reported that, since expected to last about 96 weeks, began on 8 No- his progress report of 17 March 2004 [YUN 2004, vember 2005 by a team of experts from Camer- p. 230], Cameroon and Nigeria had made encour- oon, Nigeria and the United Nations. aging and significant progress with support from Of an estimated budget of $12 million for the the United Nations. demarcation of the land boundary, the Mixed To consolidate the withdrawal and transfer of Commission raised $8.15 million in voluntary authority in the Lake Chad area and along the contributions. In addition to the logistical land boundary, the Commission deployed a team support provided by the parties, Canada, Italy,

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Norway, Sweden and Uruguay also provided sub- ruary of Fauré Gnassingbé, the late President’s stantive and technical support in the form of mil- son, as Interim President, sparked widespread itary and legal experts. The Secretary-General demonstrations and mounting pressure from the underscored that the Mixed Commission was United Nations, the EU, the AU and ECOWAS for funded entirely from extrabudgetary funds from Togo to hold presidential elections consistent its inception to 2003. During the 2004-2005 bien- with the Constitution and the rule of law. Mr. nium, however, some $9 million was provided Gnassingbé stepped down on 25 February and from the UN regular budget. Given the Commis- ran in the presidential elections, held on 24 April. sion’s remaining tasks, he intended to ask for ad- Although the elections proper were orderly, se- ditional funds from the regular budget for the rious political violence and human rights viola- Commission for 2006. tions followed the announcement of the election On 12 August [S/2005/529], the Security Council results on 26 April, declaring Mr. Gnassingbé the took note of the foregoing information from the winner. A fact-finding mission dispatched by the Secretary-General and of his intention to con- United Nations High Commissioner for Human tinue the activities of the UN support team to Rights to assess the situation published its report the Cameroon-Nigeria Mixed Commission with in September. The Government said it would funding from the UN regular budget. The consider the recommendations within the frame- Council urged the parties to the Mixed Commis- work of the national reconciliation process and sion to work with international donors to seek other efforts to strengthen democracy and the further voluntary contributions. rule of law, which it was determined to pursue. Earlier, on 13 July [S/2005/475], the EU ex- pressed concern at reports of security incidents Transfer of presidential power in the Bakassi peninsula. It urged Nigeria and The Secretary-General, by a press statement Cameroon to work constructively to establish the issued on 5 February [SG/SM/9706] on the death of facts, defuse tension and meet under the auspices President Gnassingbé Eyadéma of Togo, ex- of the Mixed Commission as soon as practicable. tended his condolences to the bereaved family, the Government and the people of Togo. Noting Financing that the late President had played a central role in The General Assembly,by section VII of resolu- the governance of the country for almost 40 years tion 59/276 [YUN 2004, p. 1385], approved require- and had contributed significantly to the peaceful ments for the Cameroon-Nigeria Mixed Commis- settlement of disputes in Africa in general and in sion for the period 1 January to 31 December West Africa in particular, the Secretary-General 2005 in the amount of $3,938,200. In December trusted the Togolese authorities to take all neces- 2005, the Secretary-General, in his report on esti- sary measures to preserve stability in the country mates in respect of special political missions, good and ensure a peaceful transfer of power. Two offices and other political initiatives authorized days later, [SG/SM/9711], he expressed concern by the General Assembly and/or the Security that the transfer of power had not been done in Council [A/60/585 & Corr.1], proposed resource re- full respect of the Constitution. quirements for the Commission of $7,339,000 for Togo explained, in a memorandum of 8 Feb- the period 1 January to 31 December 2006. ruary [A/59/697], that uncertainty and insecurity The Assembly, in section VI of resolution gripped the country owing to the power vacuum 60/248 of 23 December (see p. 1495), acting on created by the death of the President and by the ACABQ’s recommendation [A/607/Add.24],ap- absence from the country of the President of the proved a prorated amount for the Commission National Assembly, Fambaré Ouattara Natchaba, out of the $100 million authorized for the 26 spe- who in such an event would serve as Acting Pres- cial political missions and decided to reconsider ident pending elections. After consultations the issue at its resumed sixtieth (2006) session. within the military and security forces and among the leaders of the ruling party, the Rassemblement du peuple togolais (RPT), on how Togo to preserve national stability and safeguard civil During 2005, the West African State of Togo order, the Parliament met in special session and underwent a political crisis that arose from the unanimously relieved the absent Assembly Pres- question of succession due to the death of its ident of his duties. Minister Faure Gnassingbé, President on 5 February and the absence from son of the late President and a member of the the country of the President of the National As- National Assembly before being appointed Min- sembly, who, under the Constitution, would have ister, was proposed by the military for the presi- assumed office as Acting President pending elec- dency. To that end, he resigned his ministerial tions within 60 days. The appointment on 9 Feb- position and resumed his Assembly seat; he was

YUN05—4th proofs Dec. 24 2007 Africa 299 then elected President of the National Assembly oversee the organization of the forthcoming elec- and, as such, temporarily assumed the duties as tions in accordance with the Constitution. He President of Togo. Parliament also amended the noted that because of those positive develop- constitutional requirement under article 65 that ments, ECOWAS lifted the sanctions it had im- elections be held within 60 days, a period posed on Togo. deemed insufficient given the political climate in The EU on 4 March [S/2005/147] stated its readi- the country. ness to assist in facilitating free and transparent In his address to the nation on 9 February elections. It insisted that the Government honour [A/59/700], President Fauré Gnassingbé enumer- the 22 undertakings it had made in the frame- ated the late President’s major achievements. He work of the consultations held under article 96 of stated that he had been appointed to the presi- the 2000 Cotonou Declaration [YUN 2000, p. 544] on dency as a matter of urgency and pledged to carry peace, security, democracy and development, out fully the responsibilities conferred upon him particularly in the holding of a national dialogue by the Constitution. He then announced his deci- to set up an electoral framework acceptable to all sion to reduce by one quarter the sentences of parties for the conduct of presidential and parlia- those imprisoned for ordinary offences, invited mentary elections. Togolese nationals living abroad to return at any time, and asked the Government to carry on dia- Presidential elections logue with the opposition in a new spirit. He said Pre-election events. On 20 April [SG/SM/9831], that the 22 commitments made by Togo in following fatal clashes between supporters and Brussels on 14April 2004 would remain the coun- opponents of RPT, the Secretary-General called try’s basic guidelines (see below). on political leaders to avoid any actions or state- ments that could incite or contribute to violence Resignation of appointed President before, during or after the 24 April presidential On 12 February [SG/SM/9716], the Secretary- vote. In the light of the many concerns already General expressed concern over the deteriorat- raised about the electoral process, he urged the ing security situation in Togo and the deaths and authorities to ensure that citizens were able to injuries caused by violence in the capital, Lomé, vote freely and peacefully. He reiterated the where demonstrators protested the unconstitu- readiness of the United Nations to work with all tional succession of Fauré Gnassingbé to the pres- segments of the society to promote national rec- idency. He called on all sides to exercise maxi- onciliation and socio-economic development fol- mum restraint while the search for an early and lowing a peaceful electoral process. peaceful solution to the crisis continued. On 19 On 21 April [HR/4829], two UN human rights February [SG/SM/9728], concerned that talks be- experts expressed concern over reports of violent tween ECOWAS and the Togolese authorities on clashes during demonstrations by sympathizers the country’s constitutional crisis had not ad- of the various political parties that resulted in vanced, and noting that ECOWAS had suspended casualties and in the arrest of a number of dem- Togo from that regional body, the Secretary- onstrators, of the media being prevented from General reiterated his call for urgent efforts to covering the electoral campaigns, and of irregu- find a peaceful solution. larities in the context of the organization of the By a 23 February statement [S/2005/136], the EU elections. expressed great alarm at developments in Togo. Elections. By a press statement issued on 24 While it welcomed the positive signals given by April [SG/SM/9836], the day of the presidential the announcement of presidential elections within elections, the Secretary-General commended the 60 days and restoration of the freedom to demon- peaceful and orderly manner in which the strate, it condemned the violation of constitu- Togolese turned out in large numbers to cast tional and legal provisions in the continued main- their votes in the elections, as well as the sense of tenance of Mr. Fauré Gnassingbé as Interim political and civic responsibility demonstrated by President. The EU demanded an immediate re- the leaders and the population. He appealed for turn to constitutional and legal order to open the calm while the official results were being awaited way for free and transparent presidential elec- and urged parties to refer any electoral disputes tions and supported the actions of the AU and to the appropriate authorities as provided for in ECOWAS in that regard. the Electoral Code. In a statement two days later The Secretary-General, on 25 February [SG/SM/9841], he expressed grave concern over re- [SG/SM/9737], welcomed Mr. Gnassingbé’s deci- ports of violence in Lomé following the voting on sion to step down as Head of State of Togo and 24 April and the announcement of the prelimi- the subsequent designation by the National As- nary results on 26 April. He called on political sembly of an Interim Head of State who would leaders and their supporters to refrain from ac-

YUN05—4th proofs Dec. 24 2007 300 Political and security questions tions inciting further violence, hatred and divi- property,and of the urgent need to combat impu- sions; he also called on the security forces to exer- nity, Togo noted that the mandate of the Special cise similar restraint. He commended efforts by National Inquiry Commission included the as- regional leaders and institutions, particularly sessment of the damages incurred by the State ECOWAS, to promote peace, and welcomed the AU and those by all other victims, with a view to tak- initiative to encourage dialogue and national rec- ing adequate measures. The Government was de- onciliation. termined to pursue the institutional reforms al- Post-electoral period. On 28 April, UNHCR ready under way, particularly those related to announced the deployment of an emergency justice, the restoration of public confidence in team to neighbouring Benin, where more than the institutions of the country and the creation of 3,600 refugees had fled due to insecurity in Togo conditions favourable to an all-inclusive political following the announcement of the election re- dialogue. sults, and that an additional 450 Togolese had The EU, taking note of the fact-finding mission sought refuge in Ghana. report on 25 October [S/2005/711], reiterated its According to a 10 June press statement [HR/ condemnation of acts of violence and called on 4855], the United Nations High Commissioner for the Togolese authorities to deal thoroughly and Human Rights established a fact-finding mission fairly with the issue of human rights by prosecut- to look into allegations of human rights viola- ing those responsible for such violence so as to tions in Togobetween 5 February and 5 May. The end any sense of impunity. It further renewed its mission was to assess human rights issues arising call for genuine dialogue involving all political from the conduct of the presidential elections, forces in the country. verify reports of alleged violations and compile information on perpetrators. The mission was to arrive in Togo on 13 June for about two weeks of field work. Horn of Africa The Government of Togo issued a 27 Septem- ber communiqué [A/60/392] by which it took note of the publication of the final report of the fact- The political landscape in the Horn of Africa, finding mission, indicating that before and dur- which continued to be characterized by complex ing the presidential elections on 24 April, and de- interlocking conflicts and rebellions, underwent spite the climate of tension and conflict, only a a number of changes in 2005. few acts of violence and minor incidents, such as In the Sudan, the largest country in the region, the clashes of 15 April between coalition and RPT the 21-year civil war officially ended in January militants, had occurred between the death of the with the signing by the Government and the Su- late President on 5 February and 24 April. dan Peoples’ Liberation Movement/Army of the Togodrew attention to the report’s conclusions Comprehensive Peace Agreement between them, regarding the post-electoral period, from 26 to setting forth a new relationship between the 29 April, according to which militants belonging north and the south based on power- and wealth- to the opposition were responsible for a number sharing arrangements. Under those terms, the of actions which led to reactions from the security Government of National Unity was established forces and RPT militants. The announcement on in September and the Government of southern 26 April by the Independent National Electoral Sudan in December; the restructured political Commission of the provisional election results system provided for a referendum in 2011 in indicating that the RPT candidate, Fauré Gnas- which the south would decide whether to secede singbé, had won, unleashed an outbreak of the from the rest of the country. In March, the Secu- most serious acts of political violence and system- rity Council established the United Nations Mis- atic violations of human rights. Clashes again sion in the Sudan (UNMIS) to help the parties im- broke out from 27 to 29 April in Lomé and in the plement the Peace Agreement. In addition, interior, resulting in many deaths and injuries. UNMIS helped to support the African Union Mis- Togo disputed as unsubstantiated the statements sion in the Sudan in its efforts to monitor the of witnesses putting the number of deaths at be- ceasefire in the Darfur region and to broker a tween 400 and 500, adding that the report made deal to end the fighting between the rebel groups no distinction between deaths caused by one side there. The hope that the new political arrange- or the other in order to establish responsibility. ments might lead to a solution to the crisis in With respect to the report’s recommendation Darfur was not realized. enjoining the Togolese, particularly the political In Somalia, the fledgling Transitional Federal leadership, to heed the republican values of mu- Government, established in 2004, based first in tual respect and respect for public and private Nairobi, Kenya, and by mid-year in Somalia, was

YUN05—4th proofs Dec. 24 2007 Africa 301 not operational for most of the year due to an im- region of the western part of the country deterio- passe between the President and the Prime Min- rated significantly, and the political process for ister on the one hand, and the Speaker of Parlia- finding a solution to that conflict remained ment and some parliamentarians and ministers mired in a stalemate. on the other, regarding the relocation site of the In January, the Comprehensive Peace Agree- Government and the composition of an interim ment signed by the Government and the Sudan peace support mission, sponsored by the Inter- People’s Liberation Movement/Army (SPLM/A) governmental Authority on Development and laid the basis for a new relationship between the endorsed by the AU , in response to a request by north and the south based on arrangements for the President. The United Nations Political Of- power-sharing and wealth-sharing, the establish- fice for Somalia pursued its contacts with Somali ment of a Government of National Unity and the leaders and other entities concerned in order to government of southern Sudan, as well as the advance the peace and reconciliation process. adoption of a new constitution. The restructured The Monitoring Group on Somalia, charged by political system, based on democracy and respect the Council with investigating violations of the for human rights, provided for a final decision on arms embargo imposed on the country, contin- secession to be made by the south at the end of ued to discharge its mandate on a renewable six- six years. The Security Council established the month basis. United Nations Mission in the Sudan (UNMIS)to The border dispute between Eritrea and Ethi- help the parties implement the Peace Agree- opia remained unsettled. The United Nations ment, with the assistance of the international Mission in Ethiopia and Eritrea continued to community. However, the optimism generated monitor the border region designated as the by that historic event was overshadowed by the Temporary Security Zone and to support the death of John Garang, the SPLM/A Chairman work of the five-member Eritrea-Ethiopia Bound- and First Vice-President in the National Unity ary Commission, the neutral body mandated Government in a helicopter crash. Contrary to under the terms of the 2000 Agreement on Ces- expectations, Mr. Garang’s death did not derail sation of Hostilities and Comprehensive Peace implementation of the Peace Agreement and his Agreement to delimit and demarcate the colonial successor, Salva Kiir, promised to adhere to all treaty border. The Commission attempted but the agreements reached. failed to advance its demarcation activities, The signing of the Comprehensive Peace stalled since 2003, due to the continued rejection Agreement and the establishment of the Govern- by Ethiopia of significant parts of the Commis- ment of National Unity raised hopes for finding sion’s 2002 final and binding delimitation deci- a solution to the crisis in the Darfur region, sion and to Eritrea’s insistence on adherence to where two local rebel groups, the Justice and that decision. The Commission thus suspended Equality Movement (JEM) and the Sudanese Lib- its activities and closed its field offices. Mean- eration Movement/Army (SLM/A), were still while, each country strengthened its military fighting Government forces and allied militia posture adjacent to its side of the Zone. As de- groups. manded by the Council, Ethiopia subsequently The African Union Mission in the Sudan withdrew its troops to their previous deployment (AMIS), supported by the United Nations, partic- levels; Eritrea maintained it had no troops to ularly UNMIS, the European Union (EU), the withdraw. Contrary to the Council’s demand that United States, the North Atlantic Treaty Organi- it lift its restrictions on the freedom of movement zation and other donors, increased its military of the Mission, Eritrea increased them and, deployment to more than 6,300 troops. In addi- moreover, in December, asked certain nationali- tion to monitoring the fragile ceasefire in ties of its staff to leave the country. The Council, Darfur, the AU stepped up its mediation efforts to in consultation with the Secretary-General, broker a deal to end the fighting between the agreed to relocate the Mission’s civilian and mili- rebel groups. However, despite several rounds of tary staff temporarily to Ethiopia, while it re- talks in Abuja, Nigeria, a solution remained elu- viewed future plans for the Mission. sive as divisions within the rebel movement wid- ened and the parties remained uncompromising in their positions on the issues of power-sharing, Sudan wealth-sharing and security. In 2005, the situation in the Sudan was marked by hope and disappointment. While efforts to re- Comprehensive Peace Agreement solve the conflict between the north and the Report of Secretary-General. In his 7 January south were successfully concluded, ending a 21- report on the Sudan [S/2005/10], the Secretary- year civil war, the security situation in the Darfur General welcomed the initialling on 31 Decem-

YUN05—4th proofs Dec. 24 2007 302 Political and security questions ber 2004 [YUN 2004, p. 256] by the Government of and appealed to the regional and international the Sudan and the Sudan People’s Liberation communities, organizations and States that had Movement/Army (SPLM/A) of the last two agree- witnessed the signing of the Agreement to pro- ments of the north-south peace process: the vide and affirm their unwavering support for its Agreement on the Implementation Modalities of implementation and make available resources for the Protocols and Agreements, and the Agree- its programmes and activities in the transition to ment on the Permanent Ceasefire and Security peace. Agreements Implementation Modalities, both of Security Council consideration. In briefing which were part of the Comprehensive Peace the Security Council on 11 January [meeting 5109], Agreement. The Secretary-General said that he the Secretary-General’s Special Representative looked forward to the signing of the Comprehen- for the Sudan, Jan Pronk, said that the signing of sive Peace Agreement and indicated that the the Comprehensive Peace Agreement heralded United Nations was prepared to play a significant the definitive end to nearly four decades of con- role in its implementation. He was nevertheless flict, the uprooting and displacement of 4 mil- concerned that there was no agreed basis to allow lion people and half a million refugees in neigh- the UN advance mission in the Sudan to start its bouring countries. However, it was not the end. pre-deployment activities in the SPLM/A con- Former combatants would have to be disarmed trolled areas. The Secretary-General expected and demobilized; displaced people and refugees that the signing of the Comprehensive Peace would need to return and participate in the econ- Agreement would improve capacity to solve the omy and society, claiming a share of the re- problems in the Darfur region (see p. 315). sources, including land; other southern militant Terms of Comprehensive Peace Agreement. groups that did not participate in the peace talks The Comprehensive Peace Agreement was would have to be incorporated into the new struc- signed on 9 January in Nairobi, Kenya, by the tures; and people’s expectations concerning wel- Government of the Sudan, represented by Vice- fare, growth, education and other social and eco- President Ali Osman Mohamed Taha, and nomic needs would have to be met. SPLM/A, represented by Chairman John Garang Communication. The EU Presidency, in an 11 de Mabior. It was witnessed by several African January statement [S/2005/37], welcomed the sign- and international representatives, including the ing of the Agreement and reiterated its support Presidents of Kenya and Uganda, the United for international efforts to consolidate it, in close States Secretary of State and the United King- cooperation with the United Nations, the AU and dom Secretary of State for International Devel- the Intergovernmental Authority on Develop- opment, the AU Chairperson and the EU repre- ment (IGAD). sentative. The Agreement, transmitted to the Council President by the Sudan on 8 February Implementation of [S/2005/78], consisted of four protocols, two Comprehensive Peace Agreement framework agreements and two annexes regard- Report of Secretary-General (January). On 31 ing implementation modalities: the Machakos January, the Secretary-General, in his report on Protocol, signed on 20 July 2002 [YUN 2002, p. 217]; the Sudan [S/2005/57], said that harmonizing all the Protocol on Power Sharing, signed on 26 May aspects of the Comprehensive Peace Agreement 2004 [YUN 2004, p. 236]; the Agreement on Wealth would be a complex task. Some grey areas and po- Sharing during the Pre-Interim and Interim Pe- tentially difficult issues remained, with the par- riod, dated 7 January 2004; Principles of Agree- ties having differing interpretations of the texts ment for the resolution of the Abyei conflict, that could prove controversial at a later stage. signed on 26 May 2004 [ibid.]; the Protocol on the Some complicated issues had been left for the Resolution of the Conflict in Southern Kordofan Presidency to decide and some decisions de- and Blue Nile States, signed on 26 May 2004 ferred to a later date. The creation of the Assess- [ibid.]; and the Framework Agreement on Security ment and Evaluation Commission, the body to Arrangements during the Interim Period, dated monitor the Agreement’s implementation, as 25 September 2003 [YUN 2003, p. 257]. Annexed to provided for in the Machakos Protocol, had been the Agreement were the Permanent Ceasefire delayed until the adoption of the Interim Na- and Security Arrangements Implementation tional Constitution and the establishment of the Modalities and Appendices [YUN 2004, p. 256]; and Presidency. In addition, the government of Implementation Modalities and Global Imple- southern Sudan faced the challenge of raising mentation Matrix and Appendices, both signed funds to pay its army and to achieve proportional on 31December 2004 [ibid.]. In the chapeau to the downsizing. At the same time, political solutions Comprehensive Peace Agreement, the parties would have to be found for other marginalized agreed to the beginning of the Interim Period and unstable regions, such as Darfur. The inte-

YUN05—4th proofs Dec. 24 2007 Africa 303 gration of other armed groups in both the north cate. The Mission would include the following and south was another challenge, to be carried political components: public information, mili- out in good faith with international support. tary, civilian police, rule of law, human rights, SPLM/A would have to engage with southern con- civil affairs, and electoral assistance. The mili- stituencies forming the south-south dialogue to tary component would have a troop strength of jointly discuss the creation of southern institu- 10,130, comprising 750 military observers, 160 tions and public policies and to forge a shared vi- staff officers, up to 5,070 enabling units, a force sion for southern Sudan in line with the Compre- protection component of 4,150 and 755 civilian hensive Peace Agreement. At the same time, the police. South Sudan Defence Force (a coalition of south- The Secretary-General also emphasized that ern factions) would need assurances that the substantial resources were required for relief and south-south dialogue would be carried out in recovery, including the return, repatriation and good faith and result in a fair share of political resettlement of internally displaced persons and and socio-economic power. In the north, tradi- refugees, as well as for the development activities tional power structures would have to shift to ac- envisaged by the joint assessment mission. Mem- commodate the new alignment. ber States were urged to fund fully the work plan The Secretary-General welcomed the parties’ for 2005 and to make their contributions early, so engagement with a broad spectrum of the oppo- as to allow for substantial recovery programming sition to begin developing a consensus on peace that could quickly demonstrate to the Sudanese implementation. He supported the convening of people the dividends of peace. He recommended an all-inclusive national conference to discuss fu- that the Security Council authorize the deploy- ture governance in the Sudan, to be articulated in ment of a multinational peace support operation the national constitution and federal arrange- with the mandate as he had proposed. ments. To assist in the implementation of the Com- Security Council consideration (4 February). prehensive Peace Agreement, the Secretary- During the Security Council’s consideration of General recommended the establishment of the the Secretary-General’s report [S/2005/57],on4 United Nations Advance Mission in Sudan February [meeting 5119], the Special Representative for the Sudan affirmed that measures were being (UNAMIS), whose main tasks would be to support implementation of the Comprehensive Peace prepared to support the parties in their imple- Agreement; ensure security and freedom of mentation of the Peace Agreement through the movement for UN personnel and protect civil- United Nations Advance Mission in Sudan ians; and provide governance assistance, as well (UNAMIS), established in 2004 [YUN 2004, p. 247]. as humanitarian and development assistance. Plans for the establishment of an institutional framework for the United Nations in south Su- UNAMIS mandate would be for seven years, in- cluding the pre-interim and interim periods, fol- dan were already under way and consultations lowed by a phase-out period. The Mission, to be and briefings were held with both the Govern- headed by the Secretary-General’s Special Rep- ment and SPLM on those issues. The logistical resentative, would have authority over all UN en- and operational plan was developed to deploy tities in the field, providing overall management just over 10,000 troops for monitoring and verifi- and policy guidance, and coordinating all UN cation. activities throughout the country. The Special The Special Representative noted that, despite Representative would be assisted by two deputies, the signing of the Agreement, some areas still re- one of whom would work with the Special Repre- mained to be agreed upon (see p. 302). That pro- sentative in matters relating to good offices and cess would be completed by the new presidency political support for the peace process and gov- of the Sudan, which was to be composed of Pres- ernance, and the other would act as the Resident ident Al-Bashir and Vice-Presidents Taha and Coordinator and Humanitarian Coordinator. Garang. He warned that if solutions were not The Force Commander would be responsible for found to the conflicts in Darfur and elsewhere in the deployment and operation of UN military the Sudan, any peace support operation limited personnel. The Mission’s area of operation to south Sudan would be affected by the conse- would include six sectors (the Equatorial area, quences of such conflicts. Therefore, for peace to the Bahr el Ghazal area, the Upper Nile area, the be sustainable, the Government and the people Nuba Mountains area, Southern Blue Nile and of the Sudan would have to choose a comprehen- the Abyei area). The mission’s headquarters sive approach to address all the causes of conflict would be based in Khartoum, with a special of- in a holistic and balanced way. The peace support fice in Rumbek, the southern capital or wherever operation would also have to be comprehensive the southern government might choose to relo- and balanced. Tasks and priorities would be reg-

YUN05—4th proofs Dec. 24 2007 304 Political and security questions ularly assessed in the light of changing circum- drafts of their respective joint assessment mis- stances. sions for presentation at the upcoming Oslo The indivisibility of peace in the Sudan also conference, and were also working jointly on an had consequences for UN peace efforts. In initial draft of the interim national constitution accordance with Council resolutions 1555(2004) for presentation to and adoption by their respect- [ibid. p. 127] and 1564(2004) [ibid. p.245], the ive legislative authorities. The interim constitu- Secretary-General had incorporated contin- tion would launch the Government of National gency planning for Darfur into the mission. Unity, the government of southern Sudan and Security Council consideration (8 February). other structures stipulated in the Comprehensive At its February 8 meeting [meeting 5120], the Coun- Peace Agreement. He urged the international cil President welcomed the sense of ownership community to help with the enormous task of the demonstrated by the Sudanese parties in the voluntary return, reintegration and rehabilita- achievement of the Comprehensive Peace Agree- tion of returning refugees and internally dis- ment, and expected them to demonstrate likewise placed persons. SPLM/A supported, in principle, in its implementation. The Council endorsed the deployment of a UN peace support mission Norway’s initiative to convene a donor’s confer- and requested discussions with the United ence in Oslo for the mobilization of resources. Nations of the details of that mission Council members were preparing a draft resolu- He said that he was encouraged to believe that tion to address all aspects of the situation in the the Comprehensive Peace Agreement could be Sudan, in particular the establishment of a UN successfully applied and adapted to the conflicts peace support operation. The Council supported in Darfur and eastern Sudan so that a compre- the Secretary-General’s recommendations that hensive peace agreement might be achieved for the proposed mission cooperate with the AU and the whole of the country. support its efforts to resolve the ongoing conflicts in the Darfur region. SECURITY COUNCIL ACTION (10-17 March) The Sudan’s First Vice-President, Ali Osman On 10 March [meeting 5137], the Security Council Taha, informed the Council that the Compre- unanimously adopted resolution 1585(2005). hensive Peace Agreement had been endorsed by The draft [S/2005/154] was prepared in consulta- the legislative institutions and actual implemen- tions among Council members. tation had begun. In that regard, Sudan was The Security Council, ready to discuss with the United Nations the de- Recalling its resolutions 1547(2004) of 11 June 2004, tails of its proposed mission (see p. 303). He ap- 1556(2004) of 30 July 2004 and 1574(2004) of 19 No- pealed for the lifting of economic and trade re- vember 2004, strictions or sanctions; the writing off of the Reaffirming its readiness to support the peace pro- Sudan’s foreign debt; and generous donations at cess, 1. Decides to extend the mandate of the United the upcoming donors conference to get the eco- Nations Advance Mission in the Sudan, established by nomic development process under way. The Gov- its resolution 1547(2004), until 17 March 2005; ernment was firm in its commitment to apply the 2. Decides to remain actively seized of the matter. basic principles endorsed in the 1998 Constitu- tion and the Comprehensive Peace Agreement to On 17 March, the Council [meeting 5143] unani- all states of the Sudan and to undertake a final mously adopted resolution 1588(2005). The draft settlement on the basis of those principles. [S/2005/173] was prepared in consultations with SPLM/A Chairman Garang told the Council Council members. that SPLM’s National Liberation Council, the Movement’s highest legislative body, had unani- The Security Council, mously ratified the Comprehensive Peace Agree- Recalling its resolutions 1547(2004) of 11 June 2004, 1556(2004) of 30 July 2004, 1574(2004) of 19November ment on 24 January and the National Assembly 2004 and resolution 1585(2005) of 10 March 2005, on 1 February. In preparation for the Agree- Reaffirming its readiness to support the peace process, ment’s implementation, SPLM/A had established 1. Decides to extend the mandate of the United several committees to work out mechanisms to Nations Advance Mission in the Sudan, established by transform its various organs of guerilla warfare its resolution 1547(2004), until 24 March 2005; and armed opposition into institutions of good 2. Decides to remain actively seized of the matter. governance. It was holding discussions with the Government of the Sudan and planned to send Establishment of UNMIS advance teams to Khartoum, Juba, Malaka, Wau, On 24 March [meeting 5151], the Security Council Kadugli, Damazien and Abyei, as specified in the unanimously adopted resolution 1590(2005). Agreement, to facilitate coordination of its im- The draft [S/2005/198] was prepared in consulta- plementation. Both sides were also evaluating the tions among Council members.

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The Security Council, Strongly condemning all violations of human rights Recalling its resolutions 1547(2004) of 11 June 2004, and international humanitarian law in the Darfur re- 1556(2004) of 30 July 2004, 1564(2004) of 18 Septem- gion, in particular the continuation of violence against ber 2004, 1574(2004) of 19 November 2004, 1585(2005) civilians and sexual violence against women and girls of 10 March 2005 and 1588(2005) of 17 March 2005, since the adoption of resolution 1574(2004), urging all and the statements by its President concerning the Su- parties to take necessary steps to prevent further viola- dan, tions, and expressing its determination to ensure that Reaffirming its commitment to the sovereignty, unity, those responsible for all such violations are identified independence and territorial integrity of the Sudan, and brought to justice without delay, and recalling the importance of the principles of Recalling the demands in resolutions 1556(2004), good-neighbourliness, non-interference and regional 1564(2004) and 1574(2004) that all parties to the con- cooperation, flict in Darfur refrain from any violence against civil- Welcoming the signing of the Comprehensive Peace ians and cooperate fully with the African Union mis- Agreement between the Government of the Sudan and sion in Darfur, the Sudan People’s Liberation Movement/Army in Commending the efforts of the African Union, in par- Nairobi on 9 January 2005, ticular its Chairman, acknowledging the progress Recalling the commitments made by the parties in made by the African Union in the deployment of an in- the N’Djamena ceasefire agreement of 8 April 2004 ternational protection force, police and military ob- and the Humanitarian and Security Protocols of 9 No- servers, and calling upon all Member States to contrib- vember 2004 signed in Abuja between the Govern- ute generously and urgently to the African Union ment of the Sudan, the Sudan Liberation Move- mission in Darfur, ment/Army and the Justice and Equality Movement, Commending also the efforts of the Intergovernmen- and recalling the commitments made in the joint com- tal Authority on Development, in particular the Gov- muniqué of 3 July 2004 of the Government of the Su- ernment of Kenya as Chair of the Subcommittee on dan and the Secretary-General, the Sudan, Expressing its determination to help the people of the Reaffirming its resolutions 1325(2000) of 31 October Sudan to promote national reconciliation, lasting 2000 on women and peace and security, 1379(2001) of peace and stability, and to build a prosperous and 20 November 2001 and 1460(2003) of 30 January 2003 united Sudan in which human rights are respected on children and armed conflict, as well as resolutions and the protection of all citizens is assured, 1265(1999) of 17September 1999 and 1296(2000) of 19 Taking note of the statements by Mr. Ali Osman April 2000 on the protection of civilians in armed con- Taha, First Vice-President of the Government of the flict and resolution 1502(2003) of 26 August 2003 on Sudan and Mr. John Garang de Mabior, Chairman of the protection of United Nations personnel, associated the Sudan People’s Liberation Movement/Army, at the personnel and humanitarian personnel in conflict meeting of the Security Council on 8 February 2005, zones, and their strong will and determination to find a Welcoming the efforts by the United Nations to sensi- peaceful resolution to the conflict in Darfur, as ex- tize United Nations personnel in the prevention and pressed at the meeting, control of HIV/AIDS and other communicable diseases Recognizing that the parties to the Comprehensive in all its established operations, Peace Agreement must build on the Agreement to bring peace and stability to the entire country, and call- Expressing grave concern at the allegations of sexual ing upon all Sudanese parties, in particular those party exploitation and misconduct by United Nations per- to the Agreement, to take immediate steps to achieve a sonnel in United Nations established operations, and peaceful settlement to the conflict in Darfur and to welcoming the letter dated 9 February 2005 from the take all necessary action to prevent further violations Secretary-General to the Council in this regard, af- of human rights and international humanitarian law firming that there will be a zero-tolerance policy to- and to put an end to impunity, including in the Darfur ward sexual exploitation and abuse of any kind in all region, United Nations peacekeeping missions, Expressing its utmost concern over the dire conse- Recognizing that international support for imple- quences of the prolonged conflict for the civilian pop- mentation of the Comprehensive Peace Agreement is ulation in the Darfur region as well as throughout the critically important to its success, emphasizing that Sudan, in particular the increase in the number of ref- progress towards resolution of the conflict in Darfur ugees and internally displaced persons, would create conditions conducive for delivery of such Considering that the voluntary and sustainable return assistance, and alarmed that the violence in Darfur of refugees and internally displaced persons will be a nonetheless continues, critical factor for the consolidation of the peace pro- Taking note of the reports of the Secretary-General cess, of 31 January 2005, 4 February 2005, and 4 March Expressing its deep concern for the security of humani- 2005, as well as the report of 25 January 2005 of the In- tarian workers and their access to populations in need, ternational Commission of Inquiry for Darfur, including refugees, internally displaced persons and Taking note also of the request of the parties to the other war-affected populations, Comprehensive Peace Agreement for the establish- Condemning the continued violations of the ment of a peace support mission, N’Djamena ceasefire agreement and the Abuja Proto- Expressing appreciation for the important contribu- cols by all sides in Darfur and the deterioration of the tions of the Standby High-Readiness Brigade towards security situation and the negative impact this has had the planning, preparation and initial deployment of a on humanitarian assistance efforts, peacekeeping operation, as well as the preparatory

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work by the United Nations Advance Mission in the Su- turing the police service in the Sudan, dan, consistent with democratic policing, to develop Determining that the situation in the Sudan continues a police training and evaluation programme, to constitute a threat to international peace and secu- and to otherwise assist in the training of civilian rity, police; 1. Decides to establish the United Nations Mission in (viii) Toassist the parties to the Comprehensive Peace the Sudan for an initial period of six months and fur- Agreement in promoting the rule of law, includ- ther decides that the Mission will consist of up to ing an independent judiciary, and the protec- 10,000 military personnel and an appropriate civilian tion of human rights of all people of the Sudan component including up to 715 civilian police person- through a comprehensive and coordinated strat- nel; egy with the aim of combating impunity and 2. Requests that the Mission closely and continu- contributing to long-term peace and stability ously liaise and coordinate at all levels with the African and to assist the parties to the Agreement to de- Union Mission in the Sudan with a view to expedi- velop and consolidate the national legal frame- tiously reinforcing the effort to foster peace in Darfur, work; especially with regard to the Abuja peace process and (ix) To ensure an adequate human rights presence, the African Union Mission in the Sudan; capacity and expertise within the Mission to 3. Requests the Secretary-General, through his Spe- carry out human rights promotion, civilian pro- cial Representative for the Sudan, to coordinate all the tection and monitoring activities; activities of the United Nations system in the Sudan, to (x) To provide guidance and technical assistance to mobilize resources and support from the international the parties to the Comprehensive Peace Agree- community for both immediate assistance and the ment, in cooperation with other international long-term economic development of the Sudan and to actors, to support the preparations for and con- facilitate coordination with other international actors, duct of elections and referendums provided for in particular the African Union and the Intergovern- by the Agreement; mental Authority on Development, of activities in (b) To facilitate and coordinate, within its capabili- support of the transitional process established by the ties and in its areas of deployment, the voluntary re- Comprehensive Peace Agreement, and to provide turn of refugees and internally displaced persons, and good offices and political support for the efforts to re- humanitarian assistance, inter alia, by helping to es- solve all ongoing conflicts in the Sudan; tablish the necessary security conditions; 4. Decides that the mandate of the Mission shall be (c) To assist the parties to the Comprehensive Peace the following: Agreement, in cooperation with other international (a) To support implementation of the Comprehen- partners in the mine-action sector, by providing hu- sive Peace Agreement by performing the following manitarian demining assistance, technical advice and tasks: coordination; (i) To monitor and verify the implementation of (d) To contribute towards international efforts to the N’Djamena ceasefire agreement andto in- protect and promote human rights in the Sudan, as vestigate violations; well as to coordinate international efforts towards the (ii) To liaise with bilateral donors on the formation protection of civilians with particular attention to vul- of joint integrated units; nerable groups including internally displaced persons, (iii) To observe and monitor movement of armed returning refugees, and women and children, within groups and redeployment of forces in the areas the Mission’s capabilities and in close cooperation with of deployment of the Mission in accordance other United Nations agencies, related organizations with the ceasefire agreement; and non-governmental organizations; (iv) To assist in the establishment of the disarma- 5. Requests the Secretary-General to report to the ment, demobilization and reintegration pro- Council within thirty days on options for how the Mis- gramme as called for in the Comprehensive sion can reinforce the effort to foster peace in Darfur Peace Agreement, with particular attention to through appropriate assistance to the African Union the special needs of women and child combat- Mission in the Sudan, including logistical support and ants, and its implementation through voluntary technical assistance, and to identify ways in liaison disarmament and weapons collection and de- with the African Union to utilize the Mission’s re- struction; sources, particularly logistical and operations support (v) Toassist the parties to the Comprehensive Peace elements, as well as reserve capacity towards this end; Agreement in promoting understanding of the 6. Calls upon all parties to cooperate fully in the de- peace process and the role of the Mission by ployment and operations of the Mission, in particular means of an effective public information cam- by guaranteeing the safety, security and freedom of paign, targeted at all sectors of society,in coordi- movement of United Nations personnel as well as asso- nation with the African Union; ciated personnel throughout the territory of the Su- (vi) Toassist the parties to the Comprehensive Peace dan; Agreement in addressing the need for a na- 7. Emphasizes that there can be no military solution tional inclusive approach, including the role of to the conflict in Darfur, and calls upon the Govern- women, towards reconciliation and peace- ment of the Sudan and the rebel groups, particularly building; the Justice and Equality Movement and the Sudan (vii) Toassist the parties to the Comprehensive Peace Liberation Movement/Army to resume the Abuja talks Agreement, in coordination with bilateral and rapidly, without preconditions, and negotiate in good multilateral assistance programmes, in restruc- faith to speedily reach agreement, and urges the par-

YUN05—4th proofs Dec. 24 2007 Africa 307 ties to the Comprehensive Peace Agreement to play an contributing countries to take appropriate preventive active and constructive role in support of the Abuja action, including the conduct of predeployment aware- talks and take immediate steps to support a peaceful ness training, and to take disciplinary action and other settlement to the conflict in Darfur; action to ensure full accountability in cases of such 8. Calls upon all Member States to ensure the free, conduct involving their personnel; unhindered and expeditious movement to the Sudan 15. Reaffirms the importance of appropriate ex- of all personnel, as well as equipment, provisions, sup- pertise on issues relating to gender in peacekeeping plies and other goods, including vehicles and spare operations and post-conflict peacebuilding in accord- parts, which are for the exclusive and official use of the ance with resolution 1325(2000), recalls the need to Mission; address violence against women and girls as a tool of 9. Calls upon all parties to ensure, in accordance warfare, and encourages the Mission, as well as the with relevant provisions of international law, the full, Sudanese parties to actively address these issues; safe and unhindered access of relief personnel to all 16. Acting under Chapter VII of the Charter of the those in need, and delivery of humanitarian assist- United Nations, ance, in particular to internally displaced persons and (a) Decides that the Mission is authorized to take the refugees; necessary action, in the areas of deployment of its 10. Requests that the Secretary-General transfer all forces and as it deems within its capabilities, to protect functions performed by the United Nations Advance United Nations personnel, facilities, installations and Mission in the Sudan to the Mission, together with equipment, ensure the security and freedom of move- staff and logistics of the office as appropriate, on the ment of United Nations personnel, humanitarian date when the Mission is established, and to ensure a workers, joint assessment mechanism and assessment seamless transition between the United Nations and and evaluation commission personnel, and, without existing monitoring missions, namely the Verification prejudice to the responsibility of the Government of Monitoring Team, the Joint Monitoring Commission the Sudan, to protect civilians under imminent threat and the Civilian Protection Monitoring Team; of physical violence; and 11. Also requests the Secretary-General to keep the (b) Requests that the Secretary-General and the Gov- Council regularly informed of the progress in imple- ernment of the Sudan, following appropriate consulta- menting the Comprehensive Peace Agreement, re- tion with the Sudan People’s Liberation Movement, spect for the ceasefire and the implementation of the conclude a status-of-forces agreement within thirty mandate of the Mission, including a review of the days of adoption of the present resolution, taking into troop level, with a view to its adjusted reduction, taking consideration General Assembly resolution 58/82 of account of the progress made on the ground and the 9 December 2003 on the scope of legal protection tasks remaining to be accomplished, and to report to under the Convention on the Safety of United Nations the Council in this regard every three months; and Associated Personnel, and notes that pending the 12. Further requests that the Secretary-General con- conclusion of such an agreement, the model status-of- tinue to report on a monthly basis on the situation in forces agreement dated 9 October 1990 shall apply Darfur; provisionally; 13 . Urges the joint assessment mission of the 17. Underscores the immediate need to rapidly in- United Nations, the World Bank and the parties, in as- crease the number of human rights monitors in sociation with other bilateral and multilateral donors, Darfur, and urges the Secretary-General and the to continue their efforts to prepare for the rapid deliv- United Nations High Commissioner for Human ery of an assistance package for the reconstruction and Rights to undertake to accelerate the deployment of economic development of the Sudan, including offi- human rights monitors to Darfur and augment their cial development assistance and trade access, to be im- numbers and also to move forward with the formation plemented once implementation of the Comprehen- of civilian monitoring protection teams, and expects sive Peace Agreement begins, welcomes the initiative that the Secretary-General will report on progress on of the Government of Norway to convene an interna- the formation of these teams in his reports to the tional donors conference for the reconstruction and Council as outlined in paragraph 11 above; economic development of the Sudan, and urges the in- 18. Decides to remain seized of the matter. ternational community accordingly to donate gener- ously, including to address the needs of internally dis- Further political developments placed persons and refugees; Report of Secretary-General (June). In a 23 14 . Requests the Secretary-General to take the neces- June report [S/2005/411], the Secretary-General, sary measures to achieve actual compliance in the Mis- sion with the United Nations zero-tolerance policy in an assessment of the overall situation in the towards sexual exploitation and abuse, including the country since the signing of the Comprehensive development of strategies and appropriate mecha- Peace Agreement and the commencement of the nisms to prevent, identify and respond to all forms of implementation process, said that, at the start of misconduct, including sexual exploitation and abuse, the interim period of six and a half years of and the enhancement of training for personnel to shared responsibility between the Government prevent misconduct and ensure full compliance with and SPLM/A, many of the political players in the the United Nations code of conduct, requests the Secretary-General to take all necessary action in north, as well as some forces in the south of the accordance with the Bulletin on special measures for Sudan, were still hesitant to commit themselves protection from sexual exploitation and sexual abuse to an agreement to which they were not party, es- and to keep the Council informed, and urges troop- pecially its provisions on wealth-sharing arrange-

YUN05—4th proofs Dec. 24 2007 308 Political and security questions ments. However, on 18 June (Cairo, Egypt), after the Collaborative Committee of Other Armed months of effort and inconclusive talks, an agree- Groups, but no further progress was made. The ment was finalized by the National Democratic Joint Media Commission, established by the par- Alliance and the Government, including ties in early March, worked to improve the popu- Mr. Garang, that would enable the Alliance to lation’s awareness of the Agreement’s provisions, participate in its implementation. As a sign of in- address the issue of hostile propaganda and help creasing engagement, more than 100 political develop a cooperative relationship between the leaders and civil society representatives attending parties in the area of information. UNMIS as- a South-South Dialogue Conference (Nairobi, sisted the Commission in its work. Concerning Kenya, April), at which they signed a covenant the joint integrated units to be deployed in the pledging to defend the Agreement and declaring ceasefire areas and in Khartoum, the Govern- their commitment to a process of reconciliation ment and SPL/A identified their participants and and national healing. They also adopted a num- held discussions in the Nuba Mountains on the ber of resolutions that addressed various steps to formation of units in southern Kordofan. be taken in support of the Agreement’s imple- Communication. On 24 June [S/2005/413], the mentation. However, on 1 June, 15 Sudanese pol- Secretary-General drew the attention of the Secu- itical parties, including the Umma National rity Council President to the urgent need for ad- Party and the Popular National Congress, signed ditional donor support for the Sudan, in the light a political declaration pledging to work together, of a shortfall of over $1 billion for all sectors and but not in the context of the Agreement. areas of the country. He said that failure to meet The Joint National Transition Team com- the humanitarian challenges facing the country menced its duties related to the Agreement’s im- could place the Comprehensive Peace Agree- plementation, playing a crucial role in preparing ment in jeopardy. Five months since the signing for the establishment of governments at the na- of the Agreement and two months after the tional, southern Sudan and state/regional levels. pledge of $4.5 billion in humanitarian assistance It also developed fund-raising strategies for the made at the Oslo Conference, a large percentage smooth and timely commencement of the in- of the pledges for 2005 had yet to materialize and terim period, including the finalization of the pledges for more immediate assistance were ur- joint Government-SPLM/A position for the do- gently needed. nors’ conference held in Oslo on 11 April. In ad- dition, SPLM/A began to establish its presence in Death of First Vice-President Khartoum, as well as in southern areas under the Report of Secretary-General (September). In Government’s control to set up SPLM/A political a later report [S/2005/579], the Secretary-General structures and had started working with the Na- said that President Omar Al-Bashir, First Vice- tional Congress and local authorities. President Garang and Vice-President Ali Osman On 30 April, the National Constitutional Re- Taha were sworn in on 9 July. The President view Commission was inaugurated. Composed of issued a decree on the same day to establish a representatives from the Government, SPLM/A caretaker Government, pending the establish- and some northern- and southern-based political ment of the Government of National Unity. The opposition parties, the Commission met in both new Interim National Constitution was also Khartoum and Rumbek. The conclusion of its signed by President Al-Bashir and the state of work would pave the way for the establishment of emergency was lifted in all states except Darfur, the Government of National Unity. Kassala and Red Sea. However, implementation The Abyei area, having been accorded special of the Agreement was put to the test with the administrative status under the Agreement dur- death of First Vice-President and SPLM Chair- ing the interim period, and considered the man John Garang on 30 July. His death sparked bridge between the north and the south, required violence in Khartoum, Juba and Malakal in particular attention. The Abyei Boundaries southern Sudan, resulting in a significant num- Commission, which was constituted in Nairobi, ber of deaths, arson and damage to property. visited the region in April and May. The Secre- SPLM moved swiftly to confirm Salva Kiir as its tary-General expressed concern over the obstruc- new Chairman who, with Sudanese President tion of the Commission’s activities by rogue ele- Omar al-Bashir and a number of Sudanese and ments resulting in a number of security other world leaders, appealed for calm and unity. incidents. Moreover, numerous armed groups in By the time Mr. Garang’s funeral was held on southern Sudan posed a potential security threat 6 August, the tense atmosphere had dissipated and risked jeopardizing the Agreement’s imple- somewhat and the caretaker Government had mentation. Toaddress the problem, SPLM and the established committees to investigate both the Government convened an initial meeting of helicopter crash and the violence. Salva Kiir was

YUN05—4th proofs Dec. 24 2007 Africa 309 sworn in as First Vice-President of the Sudan on Darfur, and to proceed with the reconstruction and 11 August. During the inauguration ceremony, rehabilitation process. President Al-Bashir vowed to join hands with SPLM to continue working towards “harmony and Further implementation of Peace Agreement co-existence”, while the new First Vice-President The Secretary-General, in his September re- pledged to continue the vision of the late SPLM port [S/2005/597], said that Mr. Garang’s death led leader and to work for unity for all southerners to delays in the implementation of the Compre- over the interim period. He called for the inclu- hensive Peace Agreement, including the appoint- sion of all Sudanese political forces within the ment of the Council of Ministers, which was to Comprehensive Peace Agreement. On 19August, have been completed by 9 August. There were re- Riek Machar was appointed Vice-President of ports of tension within the caretaker Govern- southern Sudan in accordance with SPLM succes- ment between the parties over portfolios and pro- sion procedures. longed delays over the allocation of the key “sovereign” and economic ministries. At the SECURITY COUNCIL ACTION same time, many commissions and committees On 2 August [meeting 5245], the Security Council anticipated in the Comprehensive Peace Agree- met to consider the death, on 30 July, of First ment, in areas such as human rights and the civil Vice-President and SPLM Chairman John Garang service, remained to be created. However, on 30 de Mabior in a helicopter crash near New Cush, August, President Al-Bashir established the southern Sudan. Following consultations among Ceasefire Political Commission, whose functions Council members, the President made statement would include supervising, monitoring and over- S/PRST/2005/38 on behalf of the Council: seeing the Agreement’s implementation, as well The Security Council expresses its profound re- as providing a political forum for continuous dia- gret over the death of the First Vice-President of the logue between the parties and the international Sudan Mr. John Garang de Mabior in a helicopter community. Meanwhile, the mandate and com- crash on 30 July 2005. The Council offers its deepest position of the Assessment and Evaluation Com- sympathy and condolences to the family of Mr. mission were reviewed by the Presidency. Garang and to the people and Government of the While the Government of National Unity re- Sudan. mained to be finalized, the two chambers of the This is a time for the world community to come national legislature, the National Assembly and together to support Mr. Garang’s vision of a united and peaceful Sudan. The Council commends the the Council of States, were inaugurated on 31Au- perseverance and commitment which the parties in gust. Three pieces of legislation were introduced the Sudan demonstrated in achieving the Compre- for its review and approval: the Bank of Sudan hensive Peace Agreement and the promise of a new Act, the Constitutional Court Act, and the Judi- future. Over the last few years, Mr. Garang’s coura- cial Service Commission Act. Among other posi- geous efforts were instrumental in ending the over tive developments were the nomination by the 21-year civil war that cost the lives of millions of Su- Government and SPLM of officers to form the danese. His leadership offered hope for democracy and peace for all people of the Sudan. Joint Integrated Units, which would constitute The Council calls upon all Sudanese to honour his the nucleus of the future Sudanese National memory by restoring peace and calm throughout the Armed Forces and encouraging signs that Sudan. The Council trusts that, despite the sudden political parties that were not signatories to the death of Mr. Garang, the people of the Sudan re- Agreement, including the National Democratic main united and continue to work for the consolida- Alliance, were ready to participate in the Govern- tion of peace in the country by implementing the ment of National Unity. Comprehensive Peace Agreement, for which Mr. Garang worked unstintingly. In the south, the SPLM legislative council was The Council stresses that the death of Mr. Garang dissolved on 18 July and a caretaker adminis- should not deter the struggle of the Sudanese people tration established. On 27 August, the Southern for justice and dignity, and encourages the people of Sudan Constitutional Drafting Committee was the Sudan to refrain from violence and maintain established to examine and adopt the draft of the peace in the midst of mourning. southern Sudanese constitution based on the The Council reiterates its determination to assist Comprehensive Peace Agreement and the In- the Sudanese people in their efforts to promote na- terim National Constitution. A south-south dia- tional reconciliation, resolve the conflict in Darfur logue meeting (Nairobi, 30 June), facilitated by and restore peace and stability throughout the country, and to build a prosperous and united Sudan. the Moi Africa Institute, brought together senior The Council looks to the international com- SPLM/A security officials and commanders of munity to continue its support for the people of the various militia groups active in southern Sudan Sudan to implement the Comprehensive Peace for the first time since the 1991 SPLM/A split, but Agreement, to resolve the humanitarian crisis in failed to resolve the fundamental differences be-

YUN05—4th proofs Dec. 24 2007 310 Political and security questions tween the Southern Sudan Defence Force and government of southern Sudan, and while UNMIS SPLM/A. However, Major General Paulino Matip, had responded with logistical and material assist- leader of the Southern Sudan Defence Force, ance, the Mission would find it increasingly diffi- sent encouraging signals following Mr. Kiir’s ac- cult to continue doing so without compromising cession to the SPLM/A leadership and his inaugu- its other mandated tasks. The Secretary-General ration as First Vice-President. For his part, Mr. appealed to the international community, in the Kiir expressed readiness to discuss outstanding light of the scale of the immense challenge facing issues with the Southern Sudan Defence Force, the government of southern Sudan, to provide including those yet to be resolved by the south- adequate support so as to consolidate peace in the south dialogue. Sudan. He recommended that the Council renew On 14 July, the Abyei Boundaries Commission UNMIS mandate until 24 September 2006. defined and demarcated the area of the nine Ngok Dinka chiefdoms transferred to Kordofan SECURITY COUNCIL ACTION (September) in 1905, prompting protests from some members On 23 September [meeting 5269], the Security of the Missiriya tribe. UNMIS contacted the par- Council unanimously adopted resolution 1627 ties in both Khartoum and Abyei to ensure that (2005). The draft [S/2005/599] was prepared in the resolution of the Abyei question was con- consultations among Council members. cluded on the basis of the Comprehensive Peace The Security Council, Agreement. The Special Representative under- Recalling its previous resolutions, in particular reso- took initiatives to reduce tension in the area. The lution 1590(2005) of 24 March 2005, and the state- Commission presented its report to the Presi- ments by its President concerning the Sudan, dency, which was being discussed. Reaffirming its commitment to the sovereignty, unity, On 4 August, President Al-Bashir issued a pro- independence and territorial integrity of the Sudan, visional order to promulgate a decree on the or- Reiterating its expression of sympathy and condolences on the death of First Vice-President John Garang de ganization of humanitarian and voluntary work, Mabior on 30 July 2005, and commending the Govern- which provided wide powers to the Ministry of ment of the Sudan and First Vice-President Salva Kiir Humanitarian Affairs and the Humanitarian Mayardit for continued efforts for the consolidation of Affairs Commission to oversee and control the ac- peace in the Sudan, tivities of national and international non- Welcoming implementation by the Government of governmental and civil society organizations. the Sudan and the Sudan People’s Liberation Movement/ The Secretary-General observed that much Army of the Comprehensive Peace Agreement of 9 January 2005, and in particular welcoming the for- had been achieved in the implementation of the mation of the Government of National Unity as a sig- Comprehensive Peace Agreement, despite a nificant and historic step towards lasting peace in the number of complications and challenges. He Sudan, deeply regretted the death of First Vice-President Urging the parties to meet their outstanding com- Garang and the ensuing loss of life during the mitments under the Comprehensive Peace Agreement, subsequent riots. He was, however, reassured by including, as a priority, the establishment of the As- the determination to recover from the setback sessment and Evaluation Commission, and the desire to stay the course of the peace pro- Determining that the situation in the Sudan continues to constitute a threat to international peace and secu- cess. It was essential that Government positions rity, be swiftly agreed upon and that the remaining Acknowledging the commitments by troop-contributing commissions and other bodies anticipated in the countries in support of the United Nations Mission in Agreement be established as soon as possible. the Sudan, and encouraging deployment in order for While noting that the ceasefire was holding, he the Mission to support timely implementation of the called on the parties to submit to the Ceasefire Comprehensive Peace Agreement, Joint Military Committee detailed lists of the size 1. Decides to extend the mandate of the United and location of their troops, and to ensure that Nations Mission in the Sudan until 24 March 2006, with the intention to renew it for further periods; timely notification of troop dispositions and 2. Requests the Secretary-General to report to the redeployments was submitted. Security Council every three months on the implemen- In the east, the Government and the Eastern tation of the mandate of the Mission, including its Front had shown willingness to engage in direct work to reinforce the efforts of the African Union Mis- talks, but it was taking a long time for those face- sion in the Sudan to foster peace in Darfur; to-face talks to begin. In the meantime, the Front 3. Urges troop-contributing countries to review had given the United Nations access to the area to carefully the letter dated 24 March 2005 from the Secretary-General to the President of the General undertake a security and humanitarian assess- Assembly and to take appropriate action to prevent sex- ment in Hameshkoreib and had agreed to discuss ual exploitation and abuse by their personnel in the the details of that access with UNMIS.SPLM/A United Nations Mission in the Sudan, including pre- faced tremendous challenges in establishing the deployment awareness training, and to take disci-

YUN05—4th proofs Dec. 24 2007 Africa 311 plinary action and other action to ensure full account- tary build-up by the Sudanese Armed Forces ability in cases of such misconduct involving their (SAF), the Sudan People’s Liberation Army (SPLA) personnel; and the South Sudan Defence Force. Due to con- 4. Decides to remain actively seized of the matter. cern that the start of the migration season could Report of Secretary-General (December). In lead to clashes between the Missiriya and Dinka December [S/2005/821], the Secretary-General re- tribes, UNMIS increased its presence in Abyei and ported that implementation of the Comprehen- completed the deployment of the UN protection sive Peace Agreement gained some momentum force there. The Mission encouraged the author- despite the delays following the death of former ities to establish both the Executive Council and First Vice-President John Garang. After consid- the Joint Integrated Unit in Abyei to normalize erable dispute over the allocation of some minis- the situation and contribute to confidence-building terial portfolios, most notably that of energy and measures. It also convened meetings with the mining, the Government of National Unity was parties to discuss areas of mutual concern, in- established on 20 September. Members of the cluding security and migratory routes. UN agen- National Democratic Alliance subsequently cies also started to plan humanitarian and devel- agreed to join the Government and was allocated opmental programmes in Abyei to help promote a number of executive positions and seats in par- peaceful coexistence. liament, but other northern parties decided to In the meantime, the problem of other armed stay in opposition, although they did state their groups remained of crucial importance in south- respect for the Comprehensive Peace Agreement ern Sudan. Negotiations continued between First and desire for a more inclusive political process. Vice-President Salva Kiir and leaders of other Some southern parties, other than SPLM, also armed groups on their participation in southern joined the Government of National Unity. state governments, some of whom had been of- Meanwhile, the government of southern Su- fered government positions. However, many dan was established on 22 October as a caretaker others did not meet the Comprehensive Peace government, pending the adoption of the In- Agreement standard of “incorporation”, leaving terim Constitution of Southern Sudan, which a considerable number of them completely out- was subsequently signed into law on 5 December. side the process, including the remaining “inde- Ten southern Sudan state governors were also pendents” who were a source of growing con- appointed during this period. However, al- cern, as the 9 January 2006 deadline for full though the government of southern Sudan in- integration approached. Meanwhile, extortion cluded a number of small southern parties, it had schemes, illegal taxation, forced recruitment and been criticized by some as not being fully repre- violence attributed to other armed groups still sentative of the south. Some members of the continued in some areas. Southern Sudan Legislative Assembly alleged an The Secretary-General urged the Government ethnic imbalance in the government of southern of National Unity and the government of south- Sudan. ern Sudan to tackle the insecurity in southern A number of key commissions were established Sudan, while the Government there should en- and staffed, and some of the legislation for creat- courage continuing reconciliation throughout ing the remaining commissions was adopted. the region. The withdrawal of SPLA from the The presidency issued decrees to establish the Hameshkoreib region of eastern Sudan on the Assessment and Evaluation Commission, the Na- border with Eritrea risked creating a power vac- tional Petroleum Commission, the Fiscal and Fi- uum. He urged the eastern leaders to facilitate a nancial Allocation and Monitoring Commission security and humanitarian assessment of the and the Technical Ad Hoc Border Committee. area so as to allow humanitarian access from The Assessment and Evaluation Commission, within the Sudan. Most importantly, direct talks chaired by Norway, held its first two meetings. on the situation in the east had to begin so that a The membership of the Ceasefire Political Com- political agreement could be reached. In the light mission, announced in November, comprised of the fluidity of the situation on the ground, the representatives of NCP, SPLM, IGAD, the IGAD United Nations would need to maintain a multi- Partners Forum and the United Nations as a full functional presence in eastern Sudan beyond the member. 9 January 2006 deadline for the redeployment of At the same time, the delay in implementing SPLA. the Abyei Boundary Commission’s decision de- fining the borders of the Abyei area contributed UNMIS activities to a tense situation in that part of the country. In accordance with resolution 1590(2005), The situation on the ground was further compli- UNMIS provided good offices and political cated by a sudden upsurge of returns, and a mili- support to assist the parties in implementing the

YUN05—4th proofs Dec. 24 2007 312 Political and security questions

Comprehensive Peace Agreement and resolve all ament, demobilization and reintegration pro- ongoing conflicts in the Sudan. It met regularly gramme and the establishment of the related na- with officials of the Government of National tional coordination councils and commissions for Unity, the government of southern Sudan and northern and southern Sudan. opposition groups in an effort to encourage wider The deployment of UN police suffered from participation in and support for the peace pro- delays due to a lack of facilities, especially in cess. The military elements began deployment Kadugli, Abyei and Juba. As at December, 215po- during the first week of April and established the lice from 27 countries had been deployed. The force headquarters in Khartoum and the Joint police monitored, advised and reported on the Military Monitoring Coordination Office re- activities of the local police in southern Sudan, sponsible for supporting the Ceasefire Joint Mil- including criminal investigation and correctional itary Committee. The Committee held 15 meet- reform. ings during the year under the chairmanship of UNMIS also liaised with the African Union the UNMIS Force Commander. Military deploy- Mission in the Sudan (AMIS) to reinforce AU-led ment remained behind schedule, owing largely efforts to foster peace in Darfur through techni- to delays in the force-generation process. As at cal and logistical assistance to AMIS. December, the military strength stood at 4,291 personnel, or 40 per cent of the expected total of Financing 9,880. By September, it had established full-time On 1 March [S/2005/57/Add.1], the Secretary- military observer presence in Juba, Wau, Ma- General informed the Security Council that the lakal, Kadugli, Ed Damazin, Abyei and Kassala. financial implications of UNMIS deployment UNMIS had also begun to monitor the movement were projected at $1,009.8 million for a 12-month of armed groups and the redeployment of forces period. in its operational area. The first monitored rede- On 29 March [A/57/756 & Corr. 1, 2], pending the ployment took place on 3 and 4 September when submission of a full budget for UNMIS at the Gen- 993 SPLA troops moved from Kassala to Khar- eral Assembly’s sixtieth (2005) session, the toum with their weapons and equipment to make Secretary-General requested commitment au- up the future Khartoum Joint Inspection Unit. thority with assessment in the amount of UNMIS facilitated, supported and encouraged $595.5 million to cover the requirements of the local reconciliation initiatives in areas of conflict Mission for the period from 1 July 2004 to the within the Sudan, including encouraging dia- date of the establishment of the Mission and im- logue in relevant areas, identifying the needs of mediate start-up requirements to 31 October the new public administration and helping to 2005. defuse tension. UNDP was supporting state- and ACABQ, in its April report [A/59/768], recom- country-level public administration through tech- mended approval of the Secretary-General’s pro- nical assistance and in-service training. In Abyei, posal. UNMIS hosted the first meeting in many years between Dinka Ngok and Missiriya leaders to dis- GENERAL ASSEMBLY ACTION cuss the seasonal migration of Missiriya nomads On 21 April, the General Assembly, on the rec- through the Dinka Ngok farming areas, and ommendation of the Fifth Committee [A/59/780], other issues that could lead to conflict between adopted resolution 59/292 without vote [agenda the two tribes. In southern Sudan, the Lord’s Re- item 151]. sistance Army operating out of Uganda perpe- trated several vicious attacks on villages, and Financing of the United Nations Mission in the Sudan since the issue of indictments by the Interna- The General Assembly, tional Criminal Court of its leaders, had started Having considered the report of the Secretary- General on the financing of the United Nations Mis- targeting UN personnel and NGOs, hampering sion in the Sudan and the related report of the Advi- their activities. UNMIS coordinated its activities sory Committee on Administrative and Budgetary with others in the area to address the situation. Questions, UNMIS supported the interim disarmament, Recalling Security Council resolution 1590(2005) of demobilization and reintegration authorities for 24 March 2005, by which the Council established the the north and the south in key assessment surveys. United Nations Mission in the Sudan for an initial pe- Disarmament of child combatants was planned riod of six months from 24 March 2005, Recognizing that the costs of the Mission are ex- to start in December. Japan and the United King- penses of the Organization to be borne by Member dom had contributed $ 6.9 million and 2 million States in accordance with Article 17, paragraph 2, of pounds, respectively, to implement the special the Charter of the United Nations, groups’ needs. However, serious challenges re- Reaffirming the general principles underlying the mained to the full implementation of the disarm- financing of United Nations peacekeeping operations,

YUN05—4th proofs Dec. 24 2007 Africa 313 as stated in its resolutions 1874(S-IV) of 27 June 1963, the period from 1 July 2004 to 30 June 2005, the 3101(XXVIII) of 11 December 1973 and 55/235 of amount of 279,501,300 dollars, inclusive of the amount 23 December 2000, of 99,999,400 dollars previously authorized by the Ad- Mindful of the fact that it is essential to provide the visory Committee, and, for the period from 1 July to Mission with the necessary financial resources to en- 31 October 2005, the amount of 315,997,200 dollars, able it to fulfil its responsibilities under the relevant under the terms of section IV of General Assembly res- resolution of the Security Council, olution 49/233 A of 23 December 1994; 1. Expresses concern about the financial situation with regard to peacekeeping activities, in particular as Financing of the commitment authority regards the reimbursements to troop contributors that 12. Decides to apportion among Member States the bear additional burdens owing to overdue payments total amount of 497,873,300 dollars for the period by Member States of their assessments; from 1 July 2004 to 23 September 2005, comprising 2. Also expresses concern at the delay experienced by the amount of 279,501,300 dollars for the period from the Secretary-General in deploying and providing ade- 1 July 2004 to 30 June 2005 and the amount of quate resources to some recent peacekeeping missions, 218,372,000 dollars for the period from 1 July to in particular those in Africa; 23 September 2005, in accordance with the levels set 3. Emphasizes that all future and existing peace- out by the General Assembly in its resolution 55/235, keeping missions shall be given equal and non- as adjusted by the Assembly in its resolution 55/236 of discriminatory treatment in respect of financial and 23 December 2000 and updated in its resolution administrative arrangements; 58/256 of 23 December 2003, taking into account the 4. Also emphasizes that all peacekeeping missions scale of assessments for 2004 and 2005, as set out in its shall be provided with adequate resources for the resolution 58/1 B of 23 December 2003; effective and efficient discharge of their respective 13 . Decides also that, in accordance with the provi- mandates; sions of its resolution 973(X) of 15 December 1955, 5. Reiterates its request to the Secretary-General to there shall be set off against the apportionment among make the fullest possible use of facilities and equip- Member States, as provided for in paragraph 12 above, ment at the United Nations Logistics Base at Brindisi, their respective share in the Tax Equalization Fund of Italy, in order to minimize the costs of procurement for 1,635,000 dollars, representing the estimated staff as- the Mission; sessment income approved for the Mission for the pe- 6. Endorses the conclusions and recommendations riod from 1 July 2004 to 30 June 2005, and 2,042,500 contained in the report of the Advisory Committee on dollars, representing the estimated staff assessment in- Administrative and Budgetary Questions, and requests come approved for the Mission for the period from the Secretary-General to ensure their full implementa- 1 July to 23 September 2005; tion; 14 . Decides further to apportion among Member 7. Notes that the General Assembly has never pro- States the amount of 97,625,200 dollars for the period nounced itself on the use of assessed peacekeeping from 24 September to 31 October 2005, at a monthly contributions for the purposes stated in paragraph 15 rate of 78,999,300 dollars, in accordance with the of the report of the Advisory Committee, and decides scheme set out in paragraph 12 above, taking into ac- to revert to this issue in the context of its consideration count the scale of assessments for 2005, as set out in its of item 123, entitled “Administrative and budgetary resolution 58/1 B, subject to a decision of the Security aspects of the financing of the United Nations peace- Council to extend the mandate of the Mission; keeping operations”, during the second part of its re- sumed fifty-ninth session in the light of the additional 15. Decides that, in accordance with the provisions information to be provided thereon by the Secretary- of its resolution 973(X), there shall be set off against General; the apportionment among Member States, as provided for in paragraph 14 above, their respective share in the 8. Requests the Secretary-General to take all action TaxEqualization Fund of 913,100 dollars, representing necessary to ensure that the Mission is administered the estimated staff assessment income approved for with a maximum of efficiency and economy; the Mission for the period from 24 September to 31Oc- 9. Also requests the Secretary-General, in order to tober 2005; reduce the cost of employing General Service staff, to continue efforts to recruit local staff for the Mission 16. Emphasizes that no peacekeeping mission shall against General Service posts, commensurate with the be financed by borrowing funds from other active requirements of the Mission; peacekeeping missions; 17. Encourages the Secretary-General to continue to Budget estimates for the period take additional measures to ensure the safety and secu- from 1 July 2004 to 31 October 2005 rity of all personnel under the auspices of the United 10. Authorizes the Secretary-General to establish a Nations participating in the Mission; special account for the United Nations Mission in the Sudan for the purpose of accounting for the income 18. Invites voluntary contributions to the Mission in received and expenditure incurred in respect of the cash and in the form of services and supplies accepta- Mission; ble to the Secretary-General, to be administered, as ap- 11. Also authorizes the Secretary-General to enter propriate, in accordance with the procedure and prac- into commitments for the Mission for the period from tices established by the General Assembly; 1 July 2004 to 31 October 2005 in a total amount not 19 . Decides to include in the provisional agenda of exceeding 595,498,500 United States dollars for the its sixtieth session the item entitled “Financing of the initial establishment of the Mission, comprising, for United Nations Mission in the Sudan”.

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In August [A/60/190], the Secretary-General 5. Also expresses concern at the delay experienced submitted the budget for UNMIS from 1 July 2004 by the Secretary-General in deploying and providing to 30 June 2006, comprising $222,031,700 for the adequate resources to some recent peacekeeping mis- sions, in particular those in Africa; period from 1 July 2004 to 30 June 2005 and 6. Emphasizes that all future and existing peace- $1,017,602,600 for the period from 1 July 2005 to keeping missions shall be given equal and non- 30 June 2006. ACABQ’s comments and recom- discriminatory treatment in respect of financial and mendations thereon were contained in its Octo- administrative arrangements; ber report [A/60/428]. 7. Also emphasizes that all peacekeeping missions On8December [meeting62],theAssembly,onthe shall be provided with adequate resources for the recommendation of the Fifth Committee [A/60/ effective and efficient discharge of their respective mandates; 562], adopted resolution 60/122 without vote 8. Reiterates its request to the Secretary-General to [agenda item 151]. make the fullest possible use of facilities and equip- Financing of the United Nations Mission ment at the United Nations Logistics Base at Brindisi, in the Sudan Italy, in order to minimize the costs of procurement for The General Assembly, the Mission; Having considered the report of the Secretary- 9. Endorses the conclusions and recommendations General on the financing of the United Nations Mis- contained in the report of the Advisory Committee on sion in the Sudan and the related report of the Advi- Administrative and Budgetary Questions subject to the sory Committee on Administrative and Budgetary provisions of the present resolution, and requests the Questions, Secretary-General to ensure their full implementa- tion; Recalling Security Council resolution 1590(2005) of 10. Reaffirms its resolution 59/296, and requests 24 March 2005, by which the Council established the the Secretary-General to ensure the full implementa- United Nations Mission in the Sudan for an initial pe- tion of its relevant provisions; riod of six months as from 24 March 2005, and the sub- sequent resolution 1627(2005) of 23 September 2005 11. Recognizes that the activities on disarmament, by which the Council extended the mandate of the demobilization and reintegration are in conformity Mission until 24 March 2006, with its resolution 59/296, and authorizes the Secretary-General to utilize the proposed resources for Recalling also its resolution 59/292 of 21 April 2005 disarmament, demobilization and reintegration in on the financing of the Mission, conformity with the provisions of that resolution; Reaffirming the general principles underlying the 12. Welcomes the steps taken to ensure the coordi- financing of United Nations peacekeeping operations, nation and collaboration of efforts with the agencies, as stated in its resolutions 1874(S-IV) of 27 June 1963, funds and programmes, as spelled out in paragraph 3101(XXVIII) of 11 December 1973 and 55/235 of 23 120 of the report of the Secretary-General, and to December 2000, implement a unified workplan including, inter alia, Mindful of the fact that it is essential to provide the disarmament, demobilization and reintegration, and Mission with the necessary financial resources to en- requests the Secretary-General to report to the Gen- able it to fulfil its responsibilities under the relevant eral Assembly on further actions taken, as well as pro- resolutions of the Security Council, gress made and to provide a clear description of re- 1. Requests the Secretary-General to entrust the spective roles and responsibilities in future budgets Head of Mission with the task of formulating future submissions commencing with the 2006/07 budget; budget proposals in full accordance with the provi- 13 . Decides to establish the 740 security posts re- sions of General Assembly resolution 59/296 of 22 quested in paragraphs 38 to 65 of the report of the June 2005, as well as other relevant resolutions; Secretary-General, authorizes the Secretary-General, 2. Takes note of the status of contributions to the bearing in mind paragraph 29 of the report of the Ad- United Nations Mission in the Sudan as at 30 Septem- visory Committee on Administrative and Budgetary ber 2005, including the contributions outstanding in Questions, to utilize redeployment to meet the evolv- the amount of 127.9 million United States dollars, rep- ing security requirements in the Mission area and re- resenting some 26 per cent of the total assessed contri- quests him to report thereon in the context of the Mis- butions, notes with concern that only sixty-six Member sion budget proposals for 2006/07; States have paid their assessed contributions in full, 14 . Welcomes the review undertaken by the Mission and urges all other Member States, in particular those on the proposed structure of the Mission, and requests in arrears, to ensure payment of their outstanding as- the Secretary-General, bearing in mind the relevant sessed contributions; observations of the Advisory Committee on Adminis- 3. Expresses its appreciation to those Member States trative and Budgetary Questions, to further elaborate which have paid their assessed contributions in full, on management efficiencies achieved, as well as on the and urges all other Member States to make every possi- strengthened monitoring and accountability system in ble effort to ensure payment of their assessed contribu- the context of a unified, area-based and decentralized tions to the Mission in full; organizational structure and to report thereon in fu- 4. Expresses concern at the financial situation with ture budgets submissions commencing with the regard to peacekeeping activities, in particular as re- 2006/07 budget; gards the reimbursements to troop contributors that 15. Recalls section XVII, paragraph 4, of its resolu- bear additional burdens owing to overdue payments tion 59/296 and, in this context, requests the by Member States of their assessments; Secretary-General to pursue, through collaboration

YUN05—4th proofs Dec. 24 2007 Africa 315 between the United Nations peacekeeping operations account the scale of assessments for 2005 and 2006, as in the region, opportunities for optimizing, where pos- set out in its resolution 58/1 B of 23 December 2003; sible, the provision and management of support re- 25. Decides that, in accordance with the provisions sources and service delivery, while ensuring the effec- of its resolution 973(X) of 15 December 1955, there tive provision of such resources and service delivery shall be set off against the apportionment among for peacekeeping operations in the region, and to re- Member States, as provided for in paragraph 24 above, port thereon in the context of the respective 2006/07 their respective share in the Tax Equalization Fund of budgets; the amount of 5,792,000 dollars, representing the esti- 16. Welcomes the use of the Entebbe installation to mated additional staff assessment income approved enhance the efficiency and responsiveness of its logis- for the Mission for the period from 1 November 2005 tical support operations for peacekeeping missions in to 24 March 2006; the regions; 26. Decides also to apportion among Member States 17. Requests the Secretary-General to take all neces- the additional amount of 240,323,000 dollars for the sary action to ensure that the Mission is administered period from 25 March to 30 June 2006, in accordance with a maximum of efficiency and economy; with the scheme set out in paragraph 24 above, and 18. Also requests the Secretary-General, in order to taking into account the scale of assessments for 2006, reduce the cost of employing General Service staff, to as set out in its resolution 58/1 B, subject to a decision continue efforts to recruit local staff for the Mission of the Security Council to extend the mandate of the against General Service posts, commensurate with the Mission; requirements of the Mission; 27. Decides further, that in accordance with the pro- visions of its resolution 973(X), there shall be set off Budget estimates for the period against the apportionment among Member States, as from 1 July 2004 to 30 June 2005 provided for in paragraph 26 above, their respective 19 . Decides to appropriate to the Special Account share in the Tax Equalization Fund of the amount of for the United Nations Mission in the Sudan the 3,914,000 dollars, representing the estimated addi- amount of 222,031,700 dollars for the period from tional staff assessment income approved for the Mis- 1 July 2004 to 30 June 2005 for the establishment of sion for the period from 25 March to 30 June 2006; the Mission; 28. Emphasizes that no peacekeeping mission shall 20. Decides also to approve the increase in the esti- be financed by borrowing funds from other active mated staff assessment income for the period from peacekeeping missions; 1 July 2004 to 30 June 2005 from 1,635,000 dollars to 29. Encourages the Secretary-General to continue 2,313,100 dollars; to take additional measures to ensure the safety and Budget estimates security of all personnel under the auspices of the for the period from 1 July 2005 to 30 June 2006 United Nations participating in the Mission; 21. Decides further to appropriate to the Special 30. Invites voluntary contributions to the Mission Account for the Mission the amount of 969,468,800 in cash and in the form of services and supplies accept- dollars for the maintenance of the Mission for the able to the Secretary-General, to be administered, as period from 1 July 2005 to 30 June 2006, inclusive of appropriate, in accordance with the procedure and the amount of 315,997,200 dollars for the period from practices established by the General Assembly; 1 July to 31 October 2005 previously authorized by the 31. Decides to keep under review during its sixtieth General Assembly under the terms of its resolution session the item entitled “Financing of the United 59/292; Nations Mission in the Sudan”. 22. Decides to approve the increase in the estimated staff assessment income for the period from 1 July In December [A/60/626], the Secretary-General 2005 to 30 June 2006 from 2,955,600 dollars to submitted the performance report for the UNMIS 12,661,600 dollars; budget for the period from 1 July 2004 to 30 June Financing of the appropriation 2005. 23. Decides also, to apply the amount of 57,469,600 dollars, representing the difference between the amount Situation in Darfur of 279,501,300 dollars already apportioned by the Gen- Report of Secretary-General (January). In his eral Assembly for the period from 1 July 2004 to 30 January report [S/2005/10], submitted pursuant to June 2005 under the terms of its resolution 59/292 and the amount of 222,031,700 dollars indicated in Security Council resolutions 1556(2004) [YUN paragraph 19 above, to the resources required for the 2004, p. 240], 1564(2004) [ibid., p. 245] and 1574(2004) period from 1 July 2005 to 30 June 2006; [ibid., p. 252], the Secretary-General, while hailing 24. Decides further, taking into account the amount the conclusion of the Comprehensive Peace of 315,997,200 dollars already apportioned by the Gen- Agreement in the north-south peace process in eral Assembly for the period from 1 July to 31 October the Sudan, noted the political stalemate in the sit- 2005 under the terms of its resolution 59/292 and the uation in the Darfur region of the country. He amount of 57,469,600 dollars indicated in paragraph said that the security situation was very poor, as 23 above, to apportion among Member States the addi- tional amount of 355,679,000 dollars for the period new security problems had arisen. On 3 January, from 1 November 2005 to 24 March 2006, in accord- an attack by Government forces on a Sudanese ance with the levels updated in General Assembly reso- Liberation Movement/Army (SLM/A) position in lution 58/256 of 23 December 2003, and taking into northern Darfur had been reported. Violence

YUN05—4th proofs Dec. 24 2007 316 Political and security questions was seeping into the camps of internally dis- ment, SLM/A and the Justice and Equality Move- placed persons and was directly affecting human- ment (JEM) should proceed, it would be useful to itarian workers. Groups were also rearming and start thinking of ways to create a broad and strong the conflict was spreading outside Darfur. Large support base for sustainable peace. quantities of arms had been carried into Darfur Restoring peace in Darfur would require rec- and the build-up of arms and intensification of onciliation and restoration of the social fabric in violence, including air attacks, suggested that the that region. Reconciliation would have to include security situation was deteriorating. The pres- all social groups and segments, especially non- sures on the parties to abide by their commit- armed groups and victims of the current vio- ments were not having a perceptible effect on the lence. The only alternative to finding new meas- ground, which led him to conclude that the ures was to find a way to deploy as many person- Council should reconsider measures for achiev- nel on the ground as possible. The AU force had ing improved security and protection for the in- done more than any other outside agent to im- ternally displaced persons. prove the security situation on the ground, and Talks between the parties, within the Abuja whatever actions and new initiatives were under- peace process (10-22 December, 2004) had not taken, the AU would remain, for the foreseeable yielded concrete results or a narrowing of the gap future, the best mechanism for promoting peace on the issues between them, and despite state- in Darfur. ments to the contrary, they had not committed Security Council consideration (11 January). themselves in practice to the implementation of On 7 January [meeting 5109], the Security Council the N’Djamena Humanitarian Ceasefire Agree- discussed the situation in the Sudan, especially ment [YUN 2004, p. 235]. A move from the current the signing, on 9 January, of the Comprehensive fragile ceasefire to a resolution to the conflict in Peace Agreement. The Special Representative of Darfur depended on the accomplishment of six the Secretary-General for the Sudan, Jan Pronk, tasks: the parties had to be persuaded, by a com- in his briefing to the Council, said that, although bination of pressure and assurances; that it was in the security situation in Darfur had not im- their interest to pursue a peace settlement; re- proved, the signature of the north-south peace spect the ceasefire; communicate their troop lo- Comprehensive Peace Agreement was an oppor- cations to the AU Ceasefire Commission; and tunity to improve the capacity to solve that con- agree on a plan of separation of forces. The par- flict. In that regard, he suggested that any future ties should also minimize attacks by armed per- talks on Darfur’s political future be separated sonnel on civilians by identifying practical means from those on security and humanitarian access, to ensure that their forces’ basic survival needs which should be relegated to the AU Ceasefire were met without violating the ceasefire. The Commission and the Joint Commission; the composition and modalities of the Joint Com- Darfur ceasefire institutions should be empow- mission provided for under the Humanitarian ered to enable them to authorize independent as- Ceasefire Agreement had to be amended so as to sessment of any ceasefire breaches and to make improve its credibility and effectiveness. There binding recommendations requiring uncondi- had to be proactive follow-up on the implementa- tional implementation; and, with AU assistance, tion of previous commitments and obligations so insist that both the Government and the rebel as to reduce the level of violence on the ground movements exercise full restraint and avert any and build confidence in the peace process and attacks or retaliations; and the Government and the international community had to help the AU the rebel movements should withdraw behind force to accelerate the rate of its deployment. Per- the lines prevailing before 8 December 2004 and petrators of violations of human rights law and the AU should protect the areas concerned; the crimes under international humanitarian law Government should make a new start by disarm- should not be allowed to go unpunished. ing the Popular Defence Forces; the rebel move- Regarding the political process, action in three ments should commit themselves to not blocking areas could be key to putting it on the right track: or disrupting the seasonal movement of nomadic the parties should commit themselves to pro- tribes; and the Government should control and ceeding with political talks without further de- restrain the militias through force or tribal recon- lay; the Council should assist the parties of the ciliation and arrest those responsible for human north-south dialogue to agree on a declaration of rights violations. principles that addressed the core issues of power The Special Representative suggested that it and wealth-sharing, as well as the integration of was time to prepare a national conference, with a the Darfur peace talks into the wider process of view to reaching a consensus about the modali- peacemaking in the Sudan; and, while the cur- ties of a peaceful future for the country, thereby rent negotiation process between the Govern- integrating the Darfur peace talks into the wider

YUN05—4th proofs Dec. 24 2007 Africa 317 peacemaking process. However, the Darfur talks to launch a similar operation in northern Darfur. should not wait until such a national conference Responding to UN concerns, the Government was feasible. postponed or suspended the “clearing” provided Communication. On 27 January [S/2005/56], the AU carried out road patrols. Operations re- Australia, Canada and New Zealand informed sumed in mid-January,coinciding with militia at- the Security Council President that they were tacks, such as those on Hamada village on 13 Jan- gravely concerned by the deteriorating situation uary and on Gereida and Shangil Tobai on 26 in Darfur and for the safety of persons living January. there. Believing that the Council was uniquely Concerning human rights, the report of the placed to assist in protecting civilians in the Commission of Inquiry to Investigate Alleged Darfur region, they proposed that it establish a Human Rights Violations Committed by Armed committee to monitor the implementation of the Groups in the Darfur States established by the arms embargo called for in resolution 1556(2004) Government of the Sudan in 2004 was released in [YUN 2004, p. 240] and address, with the assistance January 2005 [S/2005/80]. It stated that serious vi- of a panel of experts, the origins of arms flows to olations of human rights were committed in the those actors covered therein. The committee three Darfur States by all parties. However, geno- would, among other things, determine the finan- cide did not occur and the number of persons ciers of the armed militias in Darfur, including killed was exaggerated. Rape and crimes of sex- pro-government militias, rebel movements and ual violence were not widespread or systematic other emerging movements. It could also help to and did not amount to crimes against humanity. ensure that existing Council resolutions were be- The National Commission of Inquiry recom- ing properly implemented and identify areas mended that judicial investigation committees be where further Council attention might be neces- established. The President directed that a Judi- sary. The Council should design targeted meas- cial Inquiry Committee and an Inventory of ures to bring greater pressure to bear on all parties Losses and Reparations Committee be formed. to the conflict to comply with their undertakings The Secretary-General pointed out that the and with its resolutions, including individual Committee’s report differed substantially from travel bans and the freezing of assets. The the findings of the International Commission of Secretary-General, in his next report on Darfur, Inquiry (see p. 323) regarding the scale and sys- should assess further the extent to which the par- tematic nature of the crimes committed and the ties to the conflict had respected the obligations responsibility of the Government of the Sudan. imposed on them by earlier Council resolutions. The Secretary-General suggested that future Also, should the International Commission of talks in the Abuja process de-link security and Inquiry established pursuant to resolution 1564 humanitarian issues from political ones, allow- (2004) [ibid., p. 245] determine that crimes within ing the parties to focus their attention on design- the jurisdiction of the International Criminal ing the implementing institutions that would Court had been committed, the Council should follow an agreement. refer the matter to the Court as the most appro- N’Djamena Joint Commission meeting (Feb- priate body to investigate such crimes. ruary). The seventh high-level meeting of the Report of the Secretary-General (February). In Joint Commission met in N’Djamena on 16 and his 4 February report [S/2005/68], the Secretary- 17 February [S/2005/140]. The meeting, attended General said that the past six months had seen by the Presidents of Chad, Gabon, the Demo- the Government of the Sudan progressively im- cratic Republic of the Congo and the Sudan, plement some of the elements of its obligations in the Chairman of the AU Commission, and minis- the security, human rights, humanitarian and terial representation from Egypt, the Libyan political spheres. However, that progress had Arab Jamahiriya and Nigeria, and the Secretary- been neither steady nor even, and some areas had General’s Special Representative, was presented been completely neglected. Fighting in Darfur with a report by the Chairman of the Ceasefire involving Government forces, the armed move- Commission detailing ceasefire violations since ments and militias allied to the Government con- January. The report faulted the Government and tinued. On the eve of the December 2004 Abuja rebels for the violations and criticized the lack of talks, the Government began a series of offensive commitment to the Humanitarian Ceasefire operations termed “road clearing”, particularly Agreement. The Ceasefire Commission made in southern Darfur. Those operations, which in- recommendations to the Joint Commission on cluded de facto coordination with militia, in- ways to improve the security situation in Darfur, volved clearing, burning of villages and looting. among which were that the status of AMIS units In January 2005, the authorities informed the making up the protection force be upgraded United Nations and its partners that it intended from a company to a battalion; that SLM/A and

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JEM unconditionally release to the AU-Ceasefire the consultations, the mediation team informed Commission the locations of their combatants; its interlocutors that a draft Framework Protocol and that the Government of the Sudan review on the resolution of the conflict in Darfur would and resubmit its plan for the disarmament of the be prepared in the light of the positions ex- armed militia operating in Darfur. The Joint pressed by them. The mediation team would Commission supported the sending of a survey hold similar consultations in Nairobi, Kenya and team to Darfur to delineate the areas of control Asmara, Eritrea, with the SLM/A and JEM lead- held by the various forces and called upon the AU ers. Peace and Security Council to reinforce its Cease- Report of Secretary-General (March). Re- fire Commission in order to find a solution to the porting on developments in the Sudan, the crisis within an African framework. The joint Secretary-General, on 4 March [S/2005/140], said commission also called for the rapid resumption that, although there had been fewer clashes in of the next round of peace talks. Darfur between the Government and armed Sudan’s proposals on Darfur. On 25 February movement in February than in previous two [S/2005/128], Sudan transmitted to the Security months, the security situation remained fragile. Council President Al-Bashir proposals on the sit- SLM/A and Government forces clashed twice in uation in Darfur to the February N’Djamena February in northern Darfur. The AU confirmed Summit (above). Those proposals centred on ex- that the Government had started removing pediting the negotiation process, enhancing the Antonov bombers from El-Fasher and Nyala, security situation, strengthening the AU mission, although it kept its military helicopters in and improving the humanitarian situation and Darfur. Although the Government did not re- the political dialogue. Among his main propo- sume the “road clearing” operations, its forces re- sals, President Al-Bashir suggested that negotia- mained in several areas they had occupied dur- tions in Abuja, Nigeria, resume before the end of ing those operations. At the same time, SLM/A February, with representation from the two rebel forces maintained their presence in nearby loca- movements. Believing that the best way to ad- tions. Fighting between militia or Janjaweed and dress the security situation was to identify the ac- tive armed elements in Darfur so that responsi- rebel groups occurred in February. The Janja- bility could be accurately determined, he called weed attacked SLM/A forces on 2 and 19 Febru- for the adoption of criterion for doing so, which ary, while a Janjaweed-rebel conflict reportedly he had proposed. He also informed that Govern- took place on 21 February. ment forces had suspended all attacks and had In South Darfur, civilians were attacked in been directed to exercise utmost restraint. The villages and on roads, particularly in the east of Government had also withdrawn its air bombers Nyala. Further incidents of rape and sexual vio- from Darfur and demobilized 30 per cent of the lence continued to be reported throughout Popular Defence Forces (PDF) (paramilitary Darfur. Areas outside many of the displaced per- forces mobilized when there was a threat to na- sons’ camps remained particularly insecure. tional security) and proposed demobilizing a fur- There were also reports of arrests by the police of ther 20 per cent. The demobilization would come unmarried women in the Mukjar area (West to a zero level when the rebels started implement- Darfur) who had become pregnant as a result ing fully their commitments. He also proposed of rape. There was no meaningful investigation measures for dealing with the armed civilians into the reported killings of over 100 civilians among the tribes, strengthening the role of the and the mass rape of over 30 women and girls in Ceasefire Commission, and for strengthening the village of Hamada (South Darfur) on 13 and humanitarian access. 14January. Two of the committees established by The President believed that the Comprehen- the Government following the recommendations sive Peace Agreement provided the basis for set- of the National Committee of Inquiry—the Judi- tling the Sudan, political and economic problems cial Inquiry Committee and the Reparations and was committed to a final settlement based on Committee—had begun visiting Darfur states. In the principles set out in the Agreement. terms of humanitarian access, relief agencies had AU mediation team. On 1 March, [S/2005/139], gained access to areas previously closed due to the Sudan informed the Council President that, security concerns. However, humanitarian oper- as part of efforts to achieve a political solution to ations continued to be impeded by the continued the Darfur conflict, an AU mediation team had harassment of workers, including arrests, deten- concluded a three-day visit to the country,during tion and abductions of national staff, especially in which it held consultations with the Sudanese South Darfur, and attacks by armed groups on parties on the best way to rapidly resume the commercial trucks carrying humanitarian assist- Abuja talks as called for by the AU. At the end of ance.

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The Secretary-General observed that there and recalling the importance of the principles of were no significant advances in searching for a good-neighbourliness, non-interference and regional political solution to the crisis in Darfur. The Gov- cooperation, ernment had not stopped militia from attacking Recalling the commitments made by the parties in the N’Djamena ceasefire agreement of 8 April 2004 civilians, while the rebel movements had done and the Humanitarian and Security Protocols of 9 No- little to seize the political opportunities created vember 2004 signed in Abuja between the Govern- since the signing of the Agreement. On the ment of the Sudan, the Sudan Liberation Move- ground, their forces harassed the relief workers, ment/Army and the Justice and Equality Movement, fired on AU and WFP helicopters and refused to and recalling the commitments made in the joint reveal their positions to the AU Ceasefire Com- communique of 3 July 2004 of the Government of the mission. At the political level, the rebel move- Sudan and the Secretary-General, ments appeared to be increasingly divided, re- Welcoming the signing of the Comprehensive Peace Agreement between the Government of the Sudan and sulting in a diminished capacity to engage in the Sudan People’s Liberation Movement/Army in serious political negotiations. Nairobi on 9 January 2005, The Secretary-General reported that he met Recognizing that the parties to the Comprehensive with the Chairperson of the AU Commission, Al- Peace Agreement must build on the Agreement to pha Oumar Konaré, on 28 February, and agreed bring peace and stability to the entire country, and call- that an AU-led assessment of peacekeeping re- ing upon all Sudanese parties, in particular those party quirements in Darfur would be undertaken as a to the Agreement, to take immediate steps to achieve a matter of urgency, with the participation of the peaceful settlement to the conflict in Darfur and to take all necessary action to prevent further violations United Nations and its key partners (see p. 327). of human rights and international humanitarian law He was also sending a UN team to the region to and to put an end to impunity, including in the Darfur make a full assessment of options for strengthen- region, ing the peacekeeping presence in Darfur. In the Expressing its utmost concern over the dire conse- meantime, the international community should quences of the prolonged conflict for the civilian pop- not miss the opportunity to strengthen the posi- ulation in the Darfur region as well as throughout the tion of the AU force in Darfur. Sudan, in particular the increase in the number of ref- ugees and internally displaced persons, Security Council consideration (24 March). At Considering that the voluntary and sustainable return the Security Council’s 24 March meeting [meeting of refugees and internally displaced persons will be a 5151 ] to consider the reports of the Secretary-Gen- critical factor for the consolidation of the peace pro- eral on Darfur, the Under-Secretary-General for cess, Peacekeeping Operations, Jean-Marie Guéhenno, Expressing its deep concern for the security of humani- told the Council that it was clear that the current tarian workers and their access to populations in need, state of affairs in Darfur was unacceptable. The including refugees, internally displaced persons and violence and destruction had to stop, and impu- other war-affected populations, nity ended. If the security did not improve Condemning the continued violations of the quickly, the rape and killings would continue. It N’Djamena ceasefire agreement and the Abuja Proto- cols by all sides in Darfur and the deterioration of the had to be made clear to those responsible that security situation and negative impact this has had on they would be held accountable. Humanitarian humanitarian assistance efforts, workers and the AU mission were on the front line Strongly condemning all violations of human rights of the international community’s response to the and international humanitarian law in the Darfur re- Darfur crisis. The Council owed it to them to act gion, in particular the continuation of violence against with courage and determination. civilians and sexual violence against women and girls since the adoption of resolution 1574(2004), urging all parties to take necessary steps to prevent further viola- Imposition of travel ban and assets freeze tions, and expressing its determination to ensure that On 29 March [meeting 5153], the Security Coun- those responsible for all such violations are identified cil adopted by vote (12-0-3) resolution 1591 and brought to justice without delay, (2005). The draft [S/2005/206] was submitted by Recognizing that international support for imple- the United States. mentation of the Comprehensive Peace Agreement is critically important to its success, emphasizing that The Security Council, progress towards resolution of the conflict in Darfur Recalling its resolutions 1547(2004) of 11 June 2004, would create conditions conducive for delivery of such 1556(2004) of 30 July 2004, 1564(2004) of 18 Septem- assistance, and alarmed that the violence in Darfur ber 2004, 1574(2004) of 19 November 2004, 1585(2005) nonetheless continues, of 10 March 2005, 1588(2005) of 17 March 2005 and Recalling the demands, in resolutions 1556(2004), 1590(2005) of 24 March 2005, and statements by its 1564(2004) and 1574(2004), that all parties to the con- President concerning the Sudan, flict in Darfur refrain from any violence against civil- Reaffirming its commitment to the sovereignty, unity, ians and cooperate fully with the African Union mis- independence and territorial integrity of the Sudan, sion in Darfur,

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Welcoming the N’Djamena summit on Darfur held talks and take immediate steps to support a peaceful on 16 February 2005 and the continued commitment settlement to the conflict in Darfur; of the African Union to play a key role in facilitating a 3. Decides, in the light of the failure of all parties to resolution to the conflict in Darfur in all respects, and the conflict in Darfur to fulfil their commitments: the announcement by the Government of the Sudan (a) To establish, in accordance with rule 28 of its on 16 February 2005 that it would take immediate provisional rules of procedure, a committee of the steps, including withdrawal of its forces from Labado, Council consisting of all the members of the Council Qarifa, and Marla in Darfur, and the withdrawal of its (hereinafter “the Committee”) to undertake the fol- Antonov aircraft from Darfur, lowing tasks: Commending the efforts of the African Union, in par- ticular its Chairman, acknowledging the progress (i) To monitor implementation of the measures re- made by the African Union in the deployment of an in- ferred to in subparagraphs (d) and (e) of the ternational protection force, police and military ob- present paragraph and paragraphs 7 and 8 of servers, and calling upon all Member States to contrib- resolution 1556(2004), and paragraph 7 below; ute generously and urgently to the African Union (ii) To designate those individuals subject to the mission in Darfur, measures imposed by subparagraphs (d) and (e) Reaffirming its resolutions 1325(2000) of 31 October of the present paragraph and to consider re- 2000 on women and peace and security, 1379(2001) of quests for exemptions in accordance with sub- 20 November 2001 and 1460(2003) of 30 January 2003 paragraphs (f) and (g) of the present paragraph; on children and armed conflict, as well as resolutions (iii) Toestablish such guidelines as may be necessary 1265(1999) of 17September 1999 and 1296(2000) of 19 to facilitate the implementation of the measures April 2000 on the protection of civilians in armed con- imposed by subparagraphs (d) and (e) of the flict and resolution 1502(2003) of 26 August 2003 on present paragraph; the protection of United Nations personnel, associated (iv) To report at least every ninety days to the Coun- personnel and humanitarian personnel in conflict cil on its work; zones, (v) To consider requests from and, as appropriate, Taking note of the reports of the Secretary-General provide prior approval to the Government of of 3 December 2004, 31January 2005, 4 February 2005 the Sudan for the movement of military equip- and 4 March 2005, as well as the report of 25 January ment and supplies into the Darfur region in 2005 of the International Commission of Inquiry for accordance with paragraph 7 below; Darfur, (vi) To assess reports from the panel of experts es- Determining that the situation in the Sudan contin- tablished under subparagraph (b) of the present ues to constitute a threat to international peace and paragraph, and Member States, in particular security, those in the region, on specific steps they are Acting under Chapter VII of the Charter of the taking to implement the measures imposed by United Nations, subparagraphs (d) and (e) of the present para- 1. Strongly deplores the fact that the Government of graph and paragraph 7 below; the Sudan and rebel forces and all other armed groups (vii) To encourage a dialogue between the Commit- in Darfur have failed to comply fully with their com- tee and interested Member States, in particular mitments and the demands of the Security Council re- those in the region, including by inviting repre- ferred to in resolutions 1556(2004), 1564(2004) and sentatives of such States to meet with the 1574(2004), condemns the continued violations of the Committee to discuss implementation of the N’Djamena ceasefire agreement and the Abuja Proto- measures; cols, including air strikes by the Government of the Su- dan in December 2004 and January 2005 and rebel at- (b) To request the Secretary-General, in consulta- tacks on Darfur villages in January 2005, and the tion with the Committee, to appoint for a period of six failure of the Government of the Sudan to disarm months, within thirty days of adoption of the present Janjaweed militiamen and apprehend and bring to resolution, a panel of experts comprised of four mem- justice Janjaweed leaders and their associates who have bers and based in Addis Ababa to travel regularly to committed violations of human rights and interna- El-Fasher and other locations in the Sudan, and to op- tional humanitarian law and other atrocities, and de- erate under the direction of the Committee to under- mands that all parties take immediate steps to fulfil all take the following tasks: their commitments to respect the N’Djamena ceasefire (i) To assist the Committee in monitoring imple- agreement and the Abuja Protocols, including notifi- mentation of the measures in subparagraphs (d) cation of force positions, to facilitate humanitarian and (e) of the present paragraph, paragraphs 7 assistance, and to cooperate fully with the African and 8 of resolution 1556(2004), and paragraph 7 Union mission; below, and to make recommendations to the 2. Emphasizes that there can be no military solution Committee on actions the Council may want to to the conflict in Darfur, and calls upon the Govern- consider; ment of the Sudan and the rebel groups, particularly (ii) Toprovide a midterm briefing on its work to the the Justice and Equality Movement and the Sudan Committee and an interim report no later than Liberation Movement/Army to resume the Abuja talks ninety days after adoption of the present resolu- rapidly, without preconditions, and negotiate in good tion, and a final report no later than thirty days faith to speedily reach agreement, and urges the par- prior to termination of its mandate to the Coun- ties to the Comprehensive Peace Agreement to play an cil through the Committee with its findings and active and constructive role in support of the Abuja recommendations; and

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(iii) To coordinate its activities as appropriate with Committee of the intention to authorize, where ongoing operations of the African Union Mis- appropriate, access to such funds, other finan- sion in the Sudan; cial assets and economic resources and in the ab- (c) That those individuals, as designated by the sence of a negative decision by the Committee Committee established by subparagraph (a) of the within two working days of such notification; present paragraph, based on the information provided (ii) That have been determined by relevant States to by Member States, the Secretary-General, the United be necessary for extraordinary expenses, pro- Nations High Commissioner for Human Rights or the vided that such determination has been notified Panel of Experts established under subparagraph (b) by the relevant States to the Committee and has of the present paragraph, and other relevant sources, been approved by the Committee; or who impede the peace process, constitute a threat to (iii) That have been determined by relevant States to stability in Darfur and the region, commit violations be the subject of a judicial, administrative or ar- of international humanitarian or human rights law or bitral lien or judgment, in which case the funds other atrocities, violate the measures implemented by or other financial assets and economic resources Member States in accordance with paragraphs 7 and 8 may be used to satisfy that lien or judgment pro- of resolution 1556(2004) and paragraph 7 below as im- vided that the lien or judgment was entered plemented by a State, or are responsible for offensive prior to the date of the present resolution, is not military overflights described in paragraph 6 below, for the benefit of a person or entity designated shall be subject to the measures identified in subpara- by the Committee, and has been notified by the graphs (d) and (e) of the present paragraph; relevant States to the Committee; (d) That all States shall take the necessary measures to prevent entry into or transit through their territories 4. Decides also that the measures referred to in sub- of all persons as designated by the Committee pursu- paragraphs 3 (d) and (e) above shall enter into force ant to subparagraph (c) of the present paragraph, pro- thirty days from the date of adoption of the present vided that nothing in the present subparagraph shall resolution, unless the Council determines before then obligate a State to refuse entry into its territory to its that the parties to the conflict in Darfur have complied own nationals; with all the commitments and demands referred to in paragraph 1 above and paragraph 6 below; (e) That all States shall freeze all funds, financial assets and economic resources that are on their terri- 5. Expresses its readiness to consider the modification tories on the date of adoption of the present resolution or termination of the measures under paragraph 3 or at any time thereafter, that are owned or controlled, above, on the recommendation of the Committee or at directly or indirectly, by the persons designated by the the end of a period of twelve months from the date of Committee pursuant to subparagraph (c) of the pres- adoption of the present resolution, or earlier if the ent paragraph, or that are held by entities owned or Council determines before then that the parties to the controlled, directly or indirectly, by such persons or by conflict in Darfur have complied with all the commit- persons acting on their behalf or at their direction, and ments and demands referred to in paragraph 1 above decides also that all States shall ensure that no funds, and paragraph 6 below; financial assets or economic resources are made avail- 6. Demands that the Government of the Sudan, in able by their nationals or by any persons within their accordance with its commitments under the N’Djamena territories to or for the benefit of such persons or enti- ceasefire agreement and the Abuja Security Protocol, ties; immediately cease conducting offensive military (f) That the measures imposed by subparagraph (d) flights in and over the Darfur region, and invites the of the present paragraph shall not apply where the African Union Ceasefire Commission to share perti- Committee established by subparagraph (a) of the nent information as appropriate in this regard with the present paragraph determines on a case by case basis Secretary-General, the Committee, or the Panel of Ex- that such travel is justified on the grounds of humani- perts established under paragraph 3 (b) above; tarian need, including religious obligation, or where 7. Reaffirms the measures imposed by paragraphs 7 the Committee concludes that an exemption would and 8 of resolution 1556(2004) and decides that these otherwise further the objectives of the Council’s reso- measures shall, immediately upon adoption of the lutions for the creation of peace and stability in the Su- present resolution, also apply to all the parties to the dan and the region; N’Djamena ceasefire agreement and any other belli- (g) That the measures imposed by subparagraph (e) gerents in the states of Northern Darfur, Southern of the present paragraph do not apply to funds, other Darfur and Western Darfur; decides that these meas- financial assets and economic resources: ures shall not apply to the supplies and related techni- (i) That have been determined by relevant States to cal training and assistance listed in paragraph 9 of res- be necessary for basic expenses, including pay- olution 1556(2004); decides also that these measures ment for foodstuffs, rent or mortgage, medi- shall not apply with respect to assistance and supplies cines and medical treatment, taxes, insurance provided in support of implementation of the Com- premiums and public utility charges or for pay- prehensive Peace Agreement; decides further that ment of reasonable professional fees and reim- these measures shall not apply to movements of mili- bursement of incurred expenses associated with tary equipment and supplies into the Darfur region the provision of legal services, or fees or service that are approved in advance by the Committee estab- charges, in accordance with national laws, for lished under paragraph 3 (a) above upon a request routine holding or maintenance of frozen funds, by the Government of the Sudan; and invites the Afri- other financial assets and economic resources, can Union Ceasefire Commission to share pertinent after notification by the relevant States to the information as appropriate in this regard with the

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Secretary-General, the Committee or the Panel of Ex- community’s concerns by making a bold and de- perts established under paragraph 3 (b) above; cisive move towards peace in Darfur before the 8. Reiterates that, in the event the parties fail to ful- measures adopted became effective. The Council fil their commitments and demands as outlined in paragraphs 1 and 6 above, and the situation in Darfur should review those measures as soon as the new continues to deteriorate, the Council will consider fur- Government was in place. ther measures as provided for in Article 41 of the The Sudan said that, while it did not deny that Charter of the United Nations; the Council should address the situation in the 9. Decides to remain seized of the matter. Sudan and the events in Darfur, its unwise reso- RECORDED VOTE ON RESOLUTION 1591: lutions might make the situation worse. The In favour: Argentina, Benin, Brazil, Denmark, France, Greece, Japan, Council talked about supporting the AU,butits Philippines, Romania, United Kingdom, United Republic of Tanzania, United States. resolution would complicate the situation both Against: None. for the AU and on the ground. The sponsors of Abstaining: Algeria, China, Russian Federation. the draft resolution refused to show flexibility to Algeria, in its explanation of vote, said that, reach a consensus, justified by reference to a res- while it supported the approach to send a strong olution of the United States Congress, which, ac- message to the parties to respect their commit- cording to the Sudan, did not know the history ments, it had, with other delegations, made pro- and culture of the country and went against posals to “rebalance” the text, which were in line Africa’s position. with the position of the African Group. It had The United States said that the resolution was doubts concerning the relevance and usefulness adopted by 12 Council members, including two of certain of the resolution’s measures. Also, the African States, and that the members of the resolution did not take into consideration the United States Congress cared deeply about early signs of a trend towards both parties re- Darfur and many of them had gone there and specting the ceasefire. It regretted that efforts had first-hand experience working with some of were not made to promote a consensus. the NGOs in the area. The United States hoped The Russian Federation said that it was unable that the resolution would contribute to an end to to support the draft resolution because it was not the violence in Darfur and to a successful resolu- convinced that the potential political and diplo- tion of the Abuja peace process. matic measures to defuse the conflict in Darfur Note by Security Council President. On 5 May had been exhausted, especially at the beginning [S/2005/297], the Council President informed that, of the deployment of a UN peacekeeping opera- following consultations among its members on tion in the south of the Sudan. It was important to 29 April and 4 May, the Council elected Mr. give the Government of National Unity of the Adamantios Th. Vassilakis (Greece) as the Chair- Sudan time to show itself in a positive light, in- man of the Security Council Committee concern- cluding with regard to Darfur. ing the Sudan, established pursuant to resolution China said that it had serious reservations 1591(2005), for a period ending 31 December about the resolution. While Council resolution 2005, and two Vice-Chairmen from Argentina 1590(2005) of 24 March (see p. 305) authorizing and the Philippines. the deployment of a peacekeeping operation in On 30 June [S/2005/428], the Secretary-General southern Sudan would help the Sudanese people informed the Council President of the appoint- achieve peace and stability, just maintaining the ment of the four members to serve on the Panel pressure without regard to the complexity of the of Experts to be established in accordance with Darfur crisis could end up further complicating paragraph 3 of Council resolution 1591(2005). the situation and would not help efforts to find a political solution. China had always taken a cau- SECURITY COUNCIL ACTION (December) tious approach to sanctions and had repeatedly On 21 December [meeting 5342], the Security stressed that the Council should exercise great Council unanimously adopted resolution 1651 caution with respect to “measures” that could (2005). The draft [S/2005/812] was prepared in make negotiations more difficult and had a nega- consultations among Council members. tive impact on the peace process. The Security Council, The United Republic of Tanzania regretted Recalling its previous resolutions concerning the that the situation in Darfur compelled the adop- situation in the Sudan, in particular resolutions 1556 tion of the resolution, after months of waiting for (2004) of 30 July 2004 and 1591(2005) of 29 March the Abuja peace process to resume. That process 2005, and the statements by its President concerning the Sudan, remained stalled and there was no significant im- Stressing its firm commitment to the cause of peace provement on the ground with regard to the hu- throughout the Sudan, including through the African manitarian situation. It appealed to all parties to Union-led inter-Sudanese peace talks in Abuja respond to the Council’s and the international (“Abuja Talks”), full implementation of the Compre-

YUN05—4th proofs Dec. 24 2007 Africa 323 hensive Peace Agreement, and an end to the violence the Janjaweed were responsible for serious viola- and atrocities in Darfur, tions of international human rights and humani- Urging all parties to the Abuja Talks to reach with- tarian law amounting to crimes under interna- out further delay an agreement that will establish a basis for peace, reconciliation, stability and justice in tional law. In particular, Government forces and the Sudan, militias conducted indiscriminate attacks, in- Recalling the midterm briefing of 7 October 2005 cluding the killing of civilians, torture, enforced by the Panel of Experts appointed by the Secretary- disappearances, destruction of villages, rape and General pursuant to paragraph 3 (b) of resolution 1591 other forms of sexual violence, pillaging and (2005), and anticipating the receipt of its final report, forced displacement, throughout Darfur. Those Emphasizing the need to respect the provisions of acts were conducted on a widespread and system- the Charter of the United Nations concerning privi- atic basis and might amount to crimes against hu- leges and immunities, and the Convention on the Privi- leges and Immunities of the United Nations, as appli- manity. cable to United Nations operations and persons Government officials stated that any attacks engaged in such operations, carried out by their armed forces in Darfur were Reaffirming its commitment to the sovereignty, unity, for counter-insurgency purposes and conducted independence and territorial integrity of the Sudan, and recalling the importance of the principles of on the basis of military imperatives. However, the good-neighbourliness, non-interference and coopera- findings revealed that most attacks tion in the relations among States in the region, were deliberately and indiscriminately directed Determining that the situation in the Sudan continues against civilians. While it did not find a system- to constitute a threat to international peace and secu- atic or a widespread pattern to those violations, rity in the region, it found credible evidence that rebel forces, Acting under Chapter VII of the Charter, namely, SLA members and JEM, also were respon- 1. Decides to extend the mandate of the Panel of Experts appointed pursuant to resolution 1591(2005) sible for serious violations of international hu- until 29 March 2006, and requests the Secretary- man rights and humanitarian law which might General to take the necessary administrative measures; amount to war crimes. 2. Requests the Panel of Experts to report and make The Commission concluded that the Govern- recommendations to the Security Council, through the Committee established pursuant to paragraph 3 (a) of ment of the Sudan had not pursued a policy of resolution 1591(2005), prior to the termination of its genocide. The crucial element of genocidal in- mandate, on the implementation of the measures im- tent appeared to be missing, at least as far as the posed by paragraphs 7 and 8 of resolution 1556(2004) central Government authorities were concerned. and paragraphs 3, 6 and 7 of resolution 1591(2005); The policy of attacking, killing and forcibly dis- 3. Decides to remain actively seized of the matter. placing members of some tribes did not evince a specific intent to annihilate, in whole or in part, a Report of International Commission of Inquiry group distinguished on racial, ethnic, national or On 31 January [S/2005/60], the Secretary- religious grounds. Rather, it seemed that those General transmitted the report of the five-member who planned and organized attacks on villages Commission of Inquiry, established pursuant to pursued the intent to drive the victims from their Security Council resolution 1564(2004) [YUN homes, primarily for purposes of counter- 2004, p. 245], on the violations of international hu- insurgency warfare. That conclusion should not manitarian law and human rights law in Darfur. be taken in any way as detracting from the gravity The Commission, headed by Antonio Cassese of the crimes perpetrated in that region. Those (Italy), was mandated to investigate reports of vi- identified as possibly responsible for those viola- olations of international humanitarian law and tions consisted of individual perpetrators, in- human rights law in Darfur by all parties; deter- cluding Government officials, members of mili- mine whether or not acts of genocide had oc- tia forces, members of rebel groups, and certain curred; and name the perpetrators with a view to foreign army officers acting in their personal ensuring that they were held accountable. The capacity. Some Government officials, as well as Commission, which visited the Sudan from 8 to militia forces, had also been named as possibly re- 20 November 2004 and from 9 to 16 January sponsible for joint criminal enterprise to commit 2005, held extensive meetings with representa- international crimes, and others of involvement tives of the Government, the Governors of the in planning and/or ordering the commission of Darfur states and other senior officials in the such crimes, or in aiding and abetting them. The capital and at the provincial and local levels, in- Commission would list the names of those per- ternally displaced persons, victims and witnesses sons in a sealed file to be placed in the Secretary- of violations, NGOs and UN representatives. General’s custody,with the recommendation that Based on its investigations, the Commission es- it be handed over to the International Criminal tablished that the Government of the Sudan and Court (ICC). The evidentiary material collected

YUN05—4th proofs Dec. 24 2007 324 Political and security questions would be handed over to the United Nations to ICC. It said it doubted the accuracy of many of High Commissioner for Human Rights. the Commission’s findings and that its judicial The Commission recommended that the system was competent to bring the perpetrators Council immediately refer the Darfur situation of human rights abuse and violations to justice. to ICC, as the alleged crimes documented in On 18 February [S/2005/100], the Sudan com- Darfur met the thresholds of article 13(b) of the plained about the non-circulation of the report Rome Statute establishing the Court [YUN 1998, of its National Commission of Inquiry (see p. 317) p. 1209]. The Sudanese justice system was unable transmitted to the Council President on 23 Janu- and unwilling to address the situation in Darfur, ary for circulation to Council members. which had been significantly weakened during Security Council Consideration (February). the last decade. The measures taken so far by the The Security Council, on 16 February [meeting Government to address the crisis had been both 5125 ] , considered the report of the International grossly inadequate and ineffective, which con- Commission of Inquiry (see above). The tributed to the climate of almost total impunity Secretary-General told the Council that the call for human rights violations in Darfur. to urgent action in Darfur did not stop at the It also recommended the establishment of a Commission’s recommendation for referring the Compensation Commission to grant reparation situation there to ICC, for the attacks on villages, to the victims, whether or not the perpetrators of the killing of civilians, rape, pillaging and forced such crimes had been identified. It urged the displacement continued in Darfur. The interna- Sudanese Government to undertake a number of tional community, led by the Council, had to find measures, including ending impunity for war a way to halt the killing and protect the vulnera- crimes and crimes against humanity committed ble through a full range of options, including tar- in Darfur; strengthening the independence and geted sanctions, stronger peacekeeping efforts, impartiality of the judiciary; empowering courts new measures to protect civilians and increased to address human rights violations; granting full pressure on both sides for a lasting political solu- and unimpeded access by the International Com- tion. mittee of the Red Cross (ICRC) and UN human The United Nations High Commissioner for rights monitors to all those detained in relation to Human Rights, Louise Arbour, said the Commis- the situation in Darfur; ensuring the protection sion’s recommendations provided a blueprint for of all victims and witnesses; enhancing the action. Their implementation would not only do capacity of the Sudanese judiciary through train- justice for the victims of the massive crimes com- ing; respecting the rights of internally displaced mitted, but might actually contribute to reducing persons and fully implementing the Guiding the exposure of thousands of prospective victims. Principles on Internal Displacement; fully coop- Any new initiative proposed by the Government erating with relevant UN and AU human rights of the Sudan to address those crimes could not be bodies and mechanisms; and creating a truth and supported in the light of the Commission’s con- reconciliation commission once peace was estab- clusions, especially the extent of involvement of lished in Darfur. Government officials. The Commission also recommended the re- Further communication (March). On 22 March establishment by the Commission on Human [S/2005/196], Switzerland urged Council members Rights of the mandate of the Special Rapporteur to refer the situation in Darfur to ICC, as recom- on human rights in the Sudan, and public and pe- mended by the International Commission of In- riodic reports on the human rights situation in quiry on Darfur. Darfur by the High Commissioner for Human Rights. Referral of Darfur situation to ICC Communications. On 10 February [S/2005/77], the Sudan, in its response to the Commission’s re- SECURITY COUNCIL ACTION port, said that it had grave reservations as to the On 31March [meeting 5158], the Security Council Commission’s methodology for preparing its re- adopted resolution 1593(2005) by vote (11-0-4). port and reaching conclusions, particularly the The draft [S/2005/218] was prepared in consulta- definition of the “Janjaweed” phenomenon. It tions among Council members. was concerned with the judicial standards of evi- dence. In addition, despite evidence to the con- The Security Council, Taking note of the report of the International Com- trary, the Commission nonetheless held the Gov- mission of Inquiry for Darfur on violations of interna- ernment responsible for attacks perpetrated by tional humanitarian law and human rights law in armed groups outside of its control. The Govern- Darfur, ment strongly objected to the Commission’s rec- Recalling article 16 of the Rome Statute of the Inter- ommendations that the Darfur issue be referred national Criminal Court, under which no investigation

YUN05—4th proofs Dec. 24 2007 Africa 325 or prosecution may be commenced or proceeded with RECORDED VOTE ON RESOLUTION 1593: by the International Criminal Court for a period of In favour: Argentina, Benin, Denmark, France, Greece, Japan, Philip- twelve months after a Security Council request to that pines, Romania, Russian Federation, United Kingdom, United Republic effect, of Tanzania. Against: None. Also recalling articles 75 and 79 of the Rome Statute, Abstaining: Algeria, Brazil, China, United States. and encouraging States to contribute to the Interna- tional Criminal Court’s Trust Fund for Victims, Taking note of the existence of agreements referred The United States, in an explanation of vote, to in article 98, paragraph 2, of the Rome Statute, said that it strongly supported the bringing to Determining that the situation in the Sudan continues justice of those responsible for the crimes and to constitute a threat to international peace and secu- atrocities that had occurred in Darfur and end- rity, ing the climate of impunity there, but could not Acting under Chapter VII of the Charter of the agree to referring the Darfur situation to ICC be- United Nations, cause of its continuing fundamental objection to 1. Decides to refer the situation in Darfur since 1 July 2002 to the Prosecutor of the International the view that ICC should exercise jurisdiction over Criminal Court; the nationals, including government officials, of 2. Decides also that the Government of the Sudan States not party to the Rome Statute. It had not and all other parties to the conflict in Darfur shall dropped, and indeed continued to maintain its cooperate fully with and provide any necessary assist- long-standing objection and concerns regarding ance to the International Criminal Court and the Pros- ICC. ecutor pursuant to the present resolution and, while recognizing that States not party to the Rome Statute Algeria said that the process of fighting impu- of the Court have no obligation under the Statute, nity was a crucial element for peace and stability urges all States and concerned regional and other in- and should aim at restoring harmonious rela- ternational organizations to cooperate fully; tions between the populations of Darfur and 3. Invites the Court and the African Union to dis- serve the cause of peace. Algeria believed that the cuss practical arrangements that will facilitate the work AU was best placed to take charge of that delicate of the Prosecutor and of the Court, including the pos- sibility of conducting proceedings in the region, which and sensitive undertaking of satisfying the re- would contribute to regional efforts in the fight against quirements for peace without sacrificing the re- impunity; quirements for justice. It regretted that the 4. Encourages the Court, as appropriate and in Council had declined to consider Nigerian Pres- accordance with the Rome Statute, to support interna- ident Obasanjo’s proposal for reconciling those tional cooperation with domestic efforts to promote two fundamental requirements. the rule of law, protect human rights and combat im- punity in Darfur; China stated that it would prefer to see perpe- 5. Emphasizes the need to promote healing and trators of gross violations of human rights stand reconciliation, and encourages in this respect the cre- trial in the Sudanese judicial system, which had ation of institutions, involving all sectors of Sudanese recently taken legal action against a number of society, such as truth and/or reconciliation commis- individuals involved. China was not a party to the sions, in order to complement judicial processes and thereby reinforce the efforts to restore long-lasting Rome Statute and was not in favour of referring peace, with African Union and international support the question of Darfur to ICC without the con- as necessary; sent of the Sudanese Government since that 6. Decides that nationals, current or former officials would only complicate efforts to secure an early or personnel from a contributing State outside the settlement of the Darfur issue and have unfore- Sudan which is not a party to the Rome Statute shall be seeable consequences for the north-south peace subject to the exclusive jurisdiction of that contribut- process. ing State for all alleged acts or omissions arising out of or related to operations in the Sudan established or The United Kingdom welcomed the Council’s authorized by the Security Council or the African decision, which it considered the most efficient Union, unless such exclusive jurisdiction has been ex- and effective means available to deal with impu- pressly waived by that contributing State; nity and to ensure justice for the people of 7. Recognizes that none of the expenses incurred in Darfur. connection with the referral, including expenses re- lated to investigations or prosecutions in connection Brazil said that, while it supported referring with that referral, shall be borne by the United Nations the Darfur situation to ICC, the number of sub- and that such costs shall be borne by the parties to the stantial issues raised would not contribute to the Rome Statute and those States that wish to contribute strengthening of ICC. Brazil had consistently re- voluntarily; jected initiatives to extend exemptions of certain 8. Invites the Prosecutor to address the Council within three months of the date of adoption of the categories of individuals from ICC jurisdiction present resolution and every six months thereafter on and it maintained its position to prevent efforts actions taken pursuant to the present resolution; that might dismantle the achievements reached 9. Decides to remain seized of the matter. in international justice.

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Establishment of special criminal court on Darfur sexual and gender-based violence in Darfur was On 18 June [S/2005/403], the Sudan, in a press highlighted in a report released on 8 May by release of the same date, informed the Security the NGO, Médecins sans frontières, which said it Council President that, on 7 June, the Chief Jus- had treated some 500 rape victims between Oc- tice had issued a decree establishing the Special tober 2004 and February 2005. On 6 March, the Criminal Court on the Events in Darfur. The establishment of a committee to combat sexual Chief Justice, with other judges and the Deputy violence was announced by a Governor’s decree. Minister of Justice, had visited the three Darfur The United Nations had raised questions about states the previous week to assess the perform- the committee’s mandate, but agreed to par- ance of the judiciary and the judicial system and ticipate in its work as an observer to bring con- to address reports of attacks against persons, cerns to the committee’s attention and advise on property and honour in those states. He had improving response, should the mandate be therefore decided to establish the Court to exam- amended. ine those reports and any report transmitted to Meanwhile, the AU continued its efforts with the investigation committees, whose establish- the parties to the Darfur conflict in search of a ment had been recommended by Sudan’s Com- framework for a political settlement. A draft mission of Inquiry to Investigate Alleged Human framework agreement prepared by the mediation Rights Violations Committed by Armed Groups team was being reviewed by the parties. The Spe- in the Darfur States (seep. 317). cial Representative held talks with them, includ- The Court would be headed by an experienced ing the rebel movements, on assisting the AU Supreme Court judge and composed of judges peace process. Earlier, he had travelled to of the Court of Appeal, including a woman Asmara to meet with the leadership of Eritrea, judge, given the nature of some of the reports. SLM/A and JEM. That meeting revealed a strong Appeals would be heard by a special court of ap- consensus that the Abuja peace process remained peal to be set up by the Chief Justice. a primary forum for negotiations and partici- pants repeated their stated position that the judi- Further developments in Darfur cial process called for by the International Com- Report of Secretary-General on Darfur mission of Inquiry (see p. 324) should move (April). The Secretary-General, in an April re- forward in advance or in step with the political port on Darfur [S/2005/240], said that the positive negotiations. On 27 March, the Special Repre- trends that were evident in February stalled, as a sentative met with the Sudan’s First Vice- result of violent confrontations between the rebel President to discuss the Asmara meetings and the movements and Government forces, who were peace process generally. The Secretary-General operating jointly with armed tribal militia. At- discussed with the AU Commission Chairman, tacks and threats against humanitarian workers Alpha Oumar Konaré, steps to strengthen AMIS- and supplies remained a major concern, as well UNMIS cooperation. as attacks on the AMIS.SLM/A and JEM fought Report of Secretary-General (May). On 10 with the Government army and Janjaweed on at May [S/2005/305], the Secretary-General reported least seven occasions, the most recent on 26 that during April, troop movements and the ille- March, when Government troops and tribal mili- gal occupation of new positions increased, as did tias attacked SLM/A positions in western Darfur. harassment, burning of unoccupied villages, kid- The third, and least active armed rebel group in napping, banditry, including carjacking, armed Darfur, the National Movement for Reform and robbery and theft of livestock, attacks on civilians Development (NMRD), also fought Government and rape by militia. Reports also suggested that forces in that region. The fighting resulted in an the Government had tried to restrain its Popular undetermined number of casualties, including Defence Forces militia and prevent criminal acts civilians. by issuing warnings and arresting perpetrators. The increased intensity of the fighting in West Those efforts were inadequate, however, judging Darfur raised concerns that the Government was by the widespread reports of abuse by those still trying to control the Jebel Moon and Jebel groups in much of the non-rebel-held areas of Marra regions, despite the human cost of such a Darfur. campaign into the heart of rebel territory. Re- Most of the militia activities involved small ports continued to be received of Janjaweed and bands targeting civilians and internally displaced SLM/A attacks on civilians. At the same time, persons. However, on 7 April, a militia of the security in the camps for internally displaced Missiriya tribe carried out the most serious attack persons remained unstable. Kalma camp saw since the sacking of Hamada in January. A militia continued harassment and intimidation, as well under the command of Nasir Al-Tijani Adel as random shootings by the police. The gravity of Kaadir carried out a day-long raid of Khor

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Abeche in southern Darfur in retaliation for an provide a secure environment throughout earlier incident in which 10 members of the Darfur to permit the return of displaced persons. Missiriya people were killed and cattle stolen by A decision on that phase would be made in Sep- SLA elements. In a joint statement, the AU and the tember. United Nations determined that, pursuant to res- On 28 April, the AU Peace and Security Coun- olution 1591(2005), the name of Nasir Al-Tijani cil, in a communiqué on the enhancement of Adel Kaadir and his identified collaborators AMIS, decided to increase its strength to 6,171 would be passed on to the relevant sanctions military personnel, with an appropriate civilian committee. Prior to the attacks, approximately component, including up to 1,560 civilian police. 7,000 displaced persons were registered in Khor It appealed to all AU partners to continue provid- Abeche, a town with a population of about 3,000. ing support to meet the requirements for the A joint UN/AU assessment found the village had strengthening and sustainment of AMIS. At the been substantially burned and looted and practi- Secretary-General’s request, his Special Adviser, cally all of the population had fled. The Wali of Lakhdar Brahimi, in a meeting with the AU Com- South Darfur established a committee to investi- mission Chairperson, following the AU Peace and gate the attack and announce its findings within Security Council meeting, agreed that the two or- 15 days. ganizations should discuss ways in which the SLA and JEM carried out attacks on police and United Nations could assist with military and lo- militia in April and continued to take commer- gistics planning, in appealing for funding for cial, private and NGO vehicles at gunpoint to be AMIS expansion, and in organizing and co-hosting converted into battlefield platforms, on a scale a pledging conference to mobilize resources for that suggested that those acts were approved by that purpose. their leadership. The Secretary-General said that, while the as- sistance UNMIS could provide at that stage was Enhancing the AU Mission in the Sudan limited, because of its focus on implementing AU Mission in the Sudan. In May [S/2005/285], the Comprehensive Peace Agreement, the the Secretary-General submitted, pursuant to Se- United Nations and UNMIS could: assist in identi- curity Council resolution 1590(2005), a report on fying qualified police personnel in support of UN assistance to AMIS. He said that, in response completing phase I; assist the AU to develop a de- to that resolution, he met with the AU Commis- tailed operational plan for AMIS expansion; pro- sion Chairperson on 28 February, and they vide technical advice in logistics, planning and agreed to dispatch a mission to Darfur to assess management; and provide training support for the security situation and AMIS deployment, con- AU personnel in selecting police personnel for sider requirements for enhancing peace support phase II and in convening troop contributor, and in Darfur, and explore UNMIS options for rein- pledging conferences. forcing AMIS, in particular in the areas of logisti- The Secretary-General observed that AMIS cal support and technical assistance. had been a groundbreaking initiative for the AU The mission (10-22 March and 1-4 May), led by and its supporters within the international com- the AU, and including the United Nations, the EU munity. The Mission had accomplished a re- and the United States, assessed that since AMIS markable amount in a very short time, despite had been effective in the areas where it was de- significant constraints. It was critical for all con- ployed, it needed to be strengthened. That was to cerned to do their part. The Secretary-General take place in two phases: phase I would allow recommended that AU States members identify AMIS to reach its full operational capability within personnel to join AMIS, the AU Commission its authorized strength of 3,320, by May; and strengthen planning and management capacity phase II, involving deployments from June to Au- in order to support an expanded mission, and gust, would expand AMIS personnel to 7,447, in- partners provide the AU with the means to carry cluding 5,887 military personnel and 1,560 po- out a costly and challenging task. lice, plus civilian staff. That phase would entail improved compliance with the N’Djamena Hu- SECURITY COUNCIL ACTION manitarian Ceasefire Agreement and the Abuja On 12 May [meeting 5177], following consulta- humanitarian and security protocols, providing tions among Security Council members, the Pres- a secure environment for internally displaced ident made statement S/PRST/2005/18 on be- persons in and around camps and those not yet half of the Council: displaced to permit humanitarian access. The Security Council welcomes the report of the A phase III, involving a complex, multi- Secretary-General of 3 May 2005 on assistance by the dimensional operation of more than 12,000 mili- United Nations Mission in the Sudan to the African tary and police personnel, was also envisaged to Union Mission in the Sudan and the proposals

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therein on support the United Nations could make As to the Darfur political process, the AU fo- available to the African Union Mission. cused its efforts on garnering the support of the The Council applauds the vital leadership role the parties for its proposed draft framework protocol African Union is playing in Darfur and the work of for the resolution of conflict in Darfur. An AU ne- the African Union Mission on the ground. The Council supports the findings of the joint assess- gotiating team travelled to Khartoum to discuss ment mission, led by the African Union from 10 to 22 the draft protocol with Government officials, in- March 2005, which included the United Nations and cluding the Vice-President. It also contacted rep- other partners. The Council also supports the subse- resentatives of the armed movements. However, quent decision taken by the Peace and Security because of a lack of confidence between them, Council of the African Union on 28 April 2005 to ex- the parties refrained from taking a clear position pand its mission in Darfur to 7,731 personnel by the on the proposed draft framework protocol. end of September 2005. The Council welcomes the ongoing deployment Meanwhile, following the adoption of Security of the United Nations Mission in the Sudan and Council resolutions 1591(2005) and 1593(2005), looks forward to close coordination and cooperation tension in the Darfur states and Khartoum in- between the Mission and the African Union Mission creased, with the risks of hostile action against in the Sudan. In this context, the Council recalls its the UN and other elements of the international request in resolution 1590(2005) for the United presence in Darfur. The Secretary-General Nations Mission in the Sudan to closely and continu- ously liaise and coordinate, at all levels, with the Af- urged the Government to make clear its accept- rican Union Mission in the Sudan with a view to- ance of all recent resolutions relating to the wards expeditiously reinforcing the effort to foster Sudan and Darfur, and to ensure that a coopera- peace in Darfur, especially with regard to the Abuja tive policy was reflected at all levels. peace process and the African Union Mission in the Sudan. Report of Secretary-General (June). The Secretary-General visited Darfur in May, where The Council welcomes the role played by the Afri- can Union’s partners in support of the African he found that the security situation had im- Union Mission in the Sudan and underlines the ac- proved and the overall violence against civilians tive role played by the European Union and by other had dropped in comparison to the 2004 levels. bilateral donors. According to his June report [S/2005/378], the The Council emphasizes the importance of in- trend was, however, not entirely positive, as in- creased coordinated international assistance for the creased fighting was reported between the Gov- African Union effort in Darfur and emphasises the ernment and SLM/A forces. The Government readiness of the United Nations to continue playing forces were on the defensive, in most cases, as a key role. In this context, the Council welcomes the second joint assessment mission from 1 to 4 May rebel movements conducted small-scale attacks 2005, which included representatives from the Afri- against Government convoys or small units of can Union, the United Nations and other partners. army or police personnel. The Council looks forward to continuing contacts in Meanwhile, the Jebel Marra area had become order to facilitate provision of assistance as re- quested by the African Union. The Council wel- inaccessible to relief operations, as insecurity and comes, in this regard, the effort and intention of the the rains made the road to most localities in Secretary-General to consult closely with the African rebel-held areas unsafe. In northern Darfur, SLA Union on the scope and nature of possible United ambushed several convoys and vehicles engaged Nations support to the African Union Mission in the in humanitarian work along the Kabkabiya-El- Sudan. Fasher-road, while in southern Darfur, insecu- rity and banditry on the Ed Daein-Nyala road Developments in Darfur between May and June seriously hampered access for humanitarian Report of Secretary-General on Darfur relief operations. (May). On 10 May [S/2005/305], the Secretary- The AU announced that the next round of the General said that, while there had been compara- Darfur peace talks was to resume in Abuja, Nige- tively few systematic attacks in April, troop move- ria, on 10 June and the appointment of Salim A. ments and illegal occupation of new positions Salim as its Special Envoy for the Inter-Sudanese increased, as had harassment, burning of unoc- Peace Talks on Darfur. The Sudanese leaders cupied villages, kidnapping, banditry, attacks on had assured the Secretary-General during his civilians and rape by the militia. The border area visit to Darfur that the Naivasha Agreement [YUN of western Darfur saw an elevated level of mili- 2004, p. 236] would serve as the model and frame- tary activity due to the movement of armed work for an agreement in Darfur, with arrange- groups across the border with Chad. The non- ments for power and wealth-sharing, a land com- fatal shooting of a Chadian consul en route from mission and a reconciliation process. He urged the border to Geneina, on 16 April, added to the the Government to commence an effective pro- tensions. gramme of disarmament and demobilization of

YUN05—4th proofs Dec. 24 2007 Africa 329 the tribal militias that continued to terrorize the could be confined. With respect to disarmament, civilian population of Darfur. while some steps had been taken in that regard, the missions found limited indications of a sys- Joint Implementation Mechanism missions to Darfur tematic and sustained effort by the authorities to The Joint Implementation Mechanism, estab- address the disarmament of the Janjaweed and lished to oversee implementation of the terms of other armed groups. the 3 July 2004 communiqué [YUN 2004, p. 239] The missions concluded that, despite the pro- signed by the United Nations and the Govern- gress, efforts were needed to end the harassment ment of the Sudan, undertook three missions to of aid workers in southern Darfur and ensure Darfur (western Darfur (15-16 June) and north- that the policies adopted at the national and state ern and southern Darfur (22-23 June)) to evalu- levels were implemented. More needed to be ate their compliance with it. The Mechanism’s done to address impunity and disarmament. report, annexed to the Secretary-General’s July Both the civilian police and AMIS troops received report on Darfur [S/2005/467], examined humani- strong support from the displaced population, as tarian issues, human rights, security and political their limited deployment had helped restore issues. confidence. While recognizing that protecting The missions found that the overall situation the population remained the responsibility of the in Darfur had improved considerably since the local authorities, cooperation with AMIS would signing of the joint communiqué in 2004, with help improve the security situation and offer progress having been achieved in all areas. How- better protection for internally displaced per- ever, the remaining obstacles had to be acknow- sons. ledged and addressed. Substantial gaps in the response of humanitarian assistance still per- Further political and security sisted, despite the increase in humanitarian as- developments in Darfur sistance. The number of conflict-affected people Reports of Secretary-General (August/Octo - in Darfur had risen from 1,090,000 to more than ber). The fifth round of the AU-led Abuja talks 2,730,000, due in part to the return of internally aimed at reaching a political agreement between displaced persons to areas closer to their homes the Government and the two armed movements because of localized improvements in security. opened on 10 June, the Secretary-General stated Assistance also had to be widened to reach af- in his July report [S/2005/467]. On 5 July, the three fected groups outside the camps. The easing of parties agreed on the Declaration of Principles restrictions on humanitarian operations had re- for the Resolution of the Sudanese Conflict in sulted in a significant increase in humanitarian Darfur, which contained important provisions presence and delivery, but humanitarian workers regarding the shape of future negotiations on still faced difficulties in visa processing, and re- matters such as unity, religion, power-sharing, ports continued to be made of harassment, arbi- wealth-sharing, security arrangements and land trary arrests and restrictions on their movement. use and ownership. The Declaration of Princi- The provision of humanitarian assistance to in- ples was favourably received in Darfur, the ternally displaced person in some camps was Secretary-General said in his August report on hampered also by the resistance of local camp Darfur [S/2005/523]. The third armed movement leaders to the head count necessary for registra- in Darfur, NMRD, had been quoted as agreeing to tion. abide by the Declaration of Principles when it Although the Government had taken a num- met the Government in El-Fasher on 19 July. ber of positive steps in the area of human rights, Meanwhile, the Darfur Forum, a broad-based un- including cooperation with the international hu- affiliated Sudanese civil society organization, in a man rights officers that had been deployed, and meeting with the Special Representative in July, established a National Judicial Committee to in- argued that the armed movements did not repre- vestigate human rights violations in Darfur and a sent all the people of Darfur and sought partici- Special Criminal Court for Darfur Crimes, those pation in talks with the Government. The Decla- instruments had not yet contributed to the estab- ration of Principles provided for the start of lishment of accountability for human rights and comprehensive inter-Darfur dialogue following the ending of impunity. the Abuja talks to allow the concerns, beyond While the security situation had improved, es- those of the parties, such as the non-fighting pecially in the camps, it remained volatile and groups and civil society, to be addressed. The unpredictable. The reported presence of militias Special Representative and his staff were already around the camps highlighted the need to im- discussing with such parties the conditions under prove the security environment and not just pro- which such a dialogue would lead to a sustainable vide safe havens to which the civilian population peace.

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The AU mediator intended to contact the part- priorities within its budget so that critical needs ners in the run-up to the next round of Abuja could be addressed. talks scheduled to start on 24 August to discuss Reports of Secretary-General (September/ the way forward. At the same time, UNMIS was ex- October). In mid-August, the Special Represen- ploring ways to further support the AU, substan- tative resumed his visit to Darfur to continue con- tively and technically, through the provision of tacts with SLM/A leaders on the Darfur peace ne- experts and logistical support for participants at- gotiations and to discuss with them the security tending the talks. Although internal divisions problems facing humanitarian assistance con- within SLM/A posed a challenge to the next voys. During an earlier trip to Darfur, the Special round of talks, the signing of an agreement be- Representative met SLM/A Secretary-General tween SLM/A and JEM in Tripoli, Libyan Arab Minni Minawi and several field commanders to Jamahiriya, on 18 July, would in some measure discuss some of the problems facing SLM/A. Mr. help to unify the rebels’ positions on key issues. Minawi requested UN financial, logistical and However, renewed fighting between the Govern- technical assistance in organizing a conference of ment of the Sudan and SLM/A on 23 July threat- the movement’s military and political leadership ened to complicate further the next round of to clarify its structure. While the Special Repre- talks. sentative did not rule out the possibility of such The Special Criminal Court for the events in assistance, he emphasized the need for the Abuja Darfur began proceedings in August, with four negotiations to resume on schedule. Elements cases before it dealing with rape, armed robbery, of SLM/A sympathetic to Mr. Minawi called for a illegal possession of firearms and unlawful kill- delay in the Abuja talks in order to convene that ing of persons in custody. Two of the cases in- conference. While that conference did not take volved charges brought against members of the place, it would be important for SLM/A to adopt a Government armed forces and military intelli- unified position for the negotiations, the gence. However, none of the cases addressed the Secretary-General noted in his September report major violations of human rights and interna- [S/2005/592]. tional humanitarian law, nor the criminal re- The sixth round of Inter-Sudanese Peace Talks sponsibility of senior officials. The Secretary- on Darfur resumed in Abuja on 15 September. General expressed concern also that the Special The talks opened with technical workshops on Court had no special procedures in place for pro- power-sharing, wealth-sharing and security (15- tecting minors. 21 September) the Secretary-General reported in October [S/2005/650]. At the AU’s request, the As at 1 July, the number of people needing hu- United Nations provided air transportation to manitarian assistance had risen to 3.2 million. the talks for some JEM and SLM/A delegates and a Flooding, due to heavy rains, prompted the relo- group of SLA commanders. Nevertheless, the cation of internally displaced persons in some talks opened with uncertainty regarding the co- camps and emergency intervention to safeguard hesion of the SLM/A delegation and the degree to minimum sanitary conditions in all three Darfur which SLM/A’s Secretary-General Minawi’s fac- states, and hindered road access to various parts tion was participating. of the region. At a time when humanitarian as- The workshops and the talks were negatively sistance had to rely increasingly on air opera- affected by reports of a Government attack on tions, funding gaps risked constraining the deliv- SLM/A positions in Jebel Marra and near El- ery of that assistance. As to security in the camps, Fasher and violence in Shaeria on 19 September the registration process was violently disrupted (see below). Nonetheless, at the urging of the AU on 8 July in seven of the eight camps around mediator and international partners, all the par- Geneina. Violent attacks took place again on 16 ties continued to attend the workshops until their July during food distribution in the Mornei conclusion. Negotiations did not begin until the camp, with exchanges of fire between armed ele- end of September. Internal division within SLM ments and Government police. On both occa- paralysed the talks for one week, during which sions, there was strong evidence of incitement by discussions were limited to procedural matters. sheikhs within the camps, whose manipulation of Neither SLM faction seemed willing to negotiate the ration-card system was threatened by the reg- substance, despite urgent appeals by the AU me- istration process. diator and representatives of the international Meanwhile, AMIS continued to take the lead in community. international efforts to address security concerns In September, the Secretary-General also re- in Darfur. The Secretary-General urged major ported an alarming deterioration in the security AU partners to fill the funding gap for AMIS and situation in all three Darfur states. The fre- encouraged the AU Commission to establish clear quency and intensity of the violence committed

YUN05—4th proofs Dec. 24 2007 Africa 331 by the Sudanese Armed Forces and the Popular gathered from survivors of the militia attacks on Defence Forces, Government-aligned tribal mili- villages. tias and the armed movements, including in par- Communications. The EU Presidency, in a 23 ticular SLM/A, reached levels unseen since Janu- September statement [S/2005/630], expressed con- ary. In northern Darfur, tribal militia struck cern about reports of serious clashes in Darfur, villages in a number of locations, including in including most recently on the eastern slopes of Shangil Tobayi area, Um Maharek and south of the Jebel Marra and in Shaeria, South Darfur. It Tawilla town. In southern Darfur, one of the called on all belligerents to reign in their fighters more devastating clashes occurred on 19Septem- and to ensure their forces respected international ber when SLM/A attacked Sudanese Armed law, as well as the N’Djamena Ceasefire Agree- Forces positions in and around the village of ment and the Abuja protocols. Shaeria, forcing many civilians to seek shelter The AU Peace and Security Council, in a 10 Oc- outside the town. The Sudanese Armed Forces tober communiqué [S/2005/643], expressed con- suffered dozens of casualties and SLM/A made cern over the deteriorating security situation off with quantities of arms, munitions, fuel and throughout Darfur since August. It condemned other supplies. On 29 September, Government the killing and abduction of AMIS soldiers and police and Sudanese Armed Forces units entered the attacks by SLM/A in Turba on 23 August and Tawilla town and the adjacent Dali IDP camp, fir- on the Government’s military camp in Shaeria on ing at civilians indiscriminately and without 19 September, and Janjaweed attacks on Tawilla provocation. town and its camps on 29 September. The Coun- The security situation in western Darfur wors- cil requested the AU Commission to examine ened dramatically as well. Banditry and hijack- ways to strengthen the mechanisms for effective ing along roads from Geneina reached such dire compliance by the Sudanese parties with all levels that all roads leading south, west and east agreements, as well as the decisions of the Cease- from the town were “off-limits” for UN staff and fire Commission and the Joint Commission and critical movements could proceed only with to submit proposals on the best way forward. It authorized armed escorts. Indications showed supported the Chairperson’s decision to send a that local authorities were increasingly unwilling high-level military team to Darfur to assess the or incapable of controlling the tribal militia and situation and make recommendations on how armed gangs operating in the area. The police to prevent a recurrence of such incidents. It also were often challenged by armed gangs or militia decided to bring the situation in Darfur to the members and did not appear to have the capacity attention of the UN Security Council. to enforce laws. On 20 October [S/2005/676], the AU Peace and While banditry and lawlessness were the pri- Security Council extended AMIS mandate for mary cause of insecurity in western Darfur, there three months until 20 January 2006, and ap- was also politically motivated violence, with the pealed to AU member States and partners to pro- largest and deadliest of those incidents being the vide financial and logistical support to enable it unprovoked attack by tribal militia on the Aro to execute its mandate. Sharow camp and the villages of Gosmino and Ardja in the Kulbus area of western Darfur near SECURITY COUNCIL ACTION the border with Chad on 28 September. The lat- On 13 October [meeting 5277], following consul- est information available indicated that 35 inter- tations among Security Council members, the nally displaced persons were killed and 10 President made statement S/PRST/2005/48 on wounded in the violence, and over 4,000 forced behalf of the Council: to flee. The volatile security situation during September also took a toll on international per- The Security Council expresses its grave concern sonnel working in Darfur. at recent reports of an upsurge of violence in Darfur by all sides and insists that all parties strictly abide by Evidence showed that Government forces trig- the demands and commitments made in the gered some of the incidents, and there were clear N’djamena ceasefire agreement of 8 April 2004, the indications that, in many cases, the tribal militia resolutions of the Council and the Abuja Protocols. operated with enabling support from the Gov- The Council strongly condemns the attack of 8 Octo- ernment. Those attacks were confirmed by the ber 2005 reportedly by the Sudan Liberation Move- Head of AMIS, Baba Gana Kingibe, who an- ment/Army on personnel of the African Union Mis- nounced in a press conference on 1 October that sion in the Sudan in Darfur, which killed four Nigerian peacekeepers and two civilian contractors the Sudanese Armed Forces had conducted “co- and wounded three others near Menawasha, and the ordinated offensive operations” with tribal attack of 9 October 2005 reportedly by the Justice militia on four occasions since 18 September. and Equality Movement in Tine in Northern That assessment was corroborated by evidence Darfur, which resulted in the ambush and detention

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of approximately 35 Mission personnel. The Coun- Reports of Secretary-General (November/ cil extends its deepest condolences to the families of December). In his November report [S/2005/719], those killed. the Secretary-General stated that the sixth round The Council also condemns the attack of 25 Sep- of the inter-Sudanese peace talks on Darfur held tember 2005 in Modaina, Chad, by armed groups in Abuja ended on 20 October following weeks of coming from the Sudan, which killed 75 people, the difficult negotiations among the Government, majority of them civilians. The Council joins with the African Union in expressing particular outrage SLM/A and JEM. The parties adopted a joint com- at the attack of 19 September 2005 by Darfur rebels muniqué, in which they expressed their commit- against the town of Sheiara, the attack by Janjaweed ment “to make the next round”, due to start on 21 militias on the camp for displaced persons at Aro November, “a decisive one”. The start of the ac- Sharow on 28 September 2005, during which 29 peo- tual negotiations was delayed due to the dispute ple were killed and many more wounded, and the over the legitimacy of SLM/A representatives to attack on the village of Tawilla by Sudanese govern- the talks. Both SLM/A Chairman Wahid and ment forces on 29 September 2005. Secretary-General Minawi had sent separate lists The Council expresses its deep concern at the hu- of delegates to the talks. A group of 10 field com- manitarian impact that these developments cause manders, representing different tribal groups, and at the restrictions imposed on humanitarian op- erations in Darfur. The Council insists that restric- and 3 representatives from Mr. Minawi’s office in tions end immediately and strongly urges all parties Asmara, arrived in Abuja on 25 September, to ensure unhindered humanitarian access in stressing the “neutrality” of their group in the Darfur. ongoing disagreement between the SLM/A The Council also expresses its concern that in the Chairman and Secretary-General and promising report of the Secretary-General of 19 September to promote unity within the movement. Despite 2005 it was stated that there had been ‘no visible week-long consultations, SLM/A leadership failed effort by the Government [of the Sudan] to disarm the to find a compromise. On 29 October, an SLM militia or hold them to account in accordance with reconciliation conference was convened in north- past agreements and Security Council resolutions ern Darfur, which was attended by Mr. Minawi […]. The SLM/A [Sudan Liberation Movement/Army] and the Justice and Equality Movement (JEM) are but not by Mr. Wahid, who sent a delegation. also failing to abide by the commitments made Despite the SLM split, the talks started on 3 Oc- under past agreements and are doing far too little to tober, first with the power-sharing commission control their men under arms.’ The Council recalls and later on the wealth-sharing and the security the obligation undertaken by the Government of the commission. Although negotiations on the three Sudan to disarm and control militias. It demands main elements of the talks should have been con- that the Sudan Liberation Movement/Army,the Jus- tice and Equality Movement and the Government of ducted in parallel, SLM/A and JEM, which formed the Sudan immediately cease violence, comply with a united delegation throughout the talks, cited a the N’djamena ceasefire agreement, end impedi- lack of capacity within the movements to discuss ments to the peace process and cooperate fully with some of them, in particular wealth-sharing. Never- the African Union Mission in the Sudan. The Coun- theless, before the adjournment of the talks, the cil again emphasizes the need to bring to justice agenda on wealth-sharing was adopted. Some those who perpetrate violence. progress was made on three of nine items on the The Council recalls the provisions of its resolu- power-sharing agenda: general principles on tion 1591(2005) concerning the Sudan. It urges the power-sharing; human rights and fundamental African Union to share the results of its investiga- freedoms; and the criteria and guidelines for tions into recent attacks with the Council for possible referral to the Sudan sanctions committee in order to power-sharing. Discussions began on the fourth assist in the implementation of the provisions of the agenda item, the federal system and all levels of relevant Council resolutions. Government, although the positions of the two The Council expresses its unequivocal support for sides still differed considerably. In particular, the African Union Mission in the Sudan, and recalls there were lingering concerns that the move- that the Government of the Sudan and Darfur rebel ments might continue to withhold their recogni- movements have to take the necessary steps to facili- tion of either the Comprehensive Peace Agree- tate the deployment and effectiveness of the Mission. ment or the Interim National Constitution on the The Council remains firmly committed to the grounds that they were not party to their negotia- cause of peace in all of the Sudan, including through tion. the Abuja talks and through full implementation of The ninth meeting of the Joint Commission, the Comprehensive Peace Agreement. It encourages established by the 2004 N’Djamena Protocol, was the Government of National Unity and the Darfur rebels to engage in the search for a solution to the held in the Chadian capital on 13and 14October, Darfur conflict. It urges all parties to make rapid the first since February 2005. The meeting took progress at the Abuja talks to conclude a peace agree- place in parallel to the Abuja talks, and both ment without further delay. meetings influenced each other positively. Dur-

YUN05—4th proofs Dec. 24 2007 Africa 333 ing the meeting, the Government and SLM/A environment for the seventh round of Abuja were criticized for significant ceasefire violations talks, which resumed on 29 November. The first and the militia groups for attacks on civilians. was a meeting of senior officials from donor The Joint Commission noted that the Govern- countries and the United Nations (London, 1 No- ment had made no progress in disarming the vember), convened by the United Kingdom, to, Janjaweed and that the movements had failed to among other things, discuss how to unite posi- identify their positions and separate their forces tions within SLM/A ahead of the talks, proposals on the ground. It urged the parties to give written to end the violence in Darfur, and the post-Abuja indications of their respective positions to the period. UNMIS also participated in a meeting Ceasefire Commission; reiterated its call for the (Nairobi, 8-9 November), convened by the immediate disarmament of the Janjaweed; and United States, to reconcile Abdul Wahid and urged the Government to allow the entry into Minni Minawi. Although Abdul Wahid attended Darfur of 105 armoured personnel carriers the meeting, Minni Minawi did not, but sent a made available by Canada to AMIS. The Govern- delegation to represent him. ment signalled its readiness to allow only 35 ar- On 12 November, a meeting of Special Envoys moured personnel carriers into the region but in- convened by the Special Representative in Khar- dicated a willingness to consider the entry of the toum, attended by representatives from the AU, remaining 70. Finally, it was agreed that the Joint the EU, Canada, France, Germany, the Nether- Commission would meet on a regular basis, possi- lands, Norway, the United Kingdom and the bly monthly. United States, discussed how to facilitate a more The Secretary-General observed that, to en- unified position within SLM before the talks be- sure the success of the peace process, continued gan, and humanitarian and development issues coordination among international partners was that would have to be addressed after the conclu- required, especially for those activities that would sion of a peace agreement. An UNMIS paper pre- have to be carried out after a successful conclu- sented to the Special Envoys, focused on the post- sion of the peace talks. They included: bridging Abuja process and discussed the characteristics the relief-development gap; assisting voluntary that would be required of any peace agreement to returns; ceasefire monitoring; disarmament, de- make it credible and sustainable. At the meeting, mobilization and reintegration; policing; and the importance for the international community rule of law and human rights monitoring. More- to engage the parties on key post-conflict issues over, the Darfur-Darfur dialogue and reconcilia- that needed to be defined in the peace agreement tion were core issues that should be addressed was also recognized, some of which could also be both during and after the talks if the peace settle- addressed in more detail in the Darfur-Darfur ment was to be truly inclusive. International com- dialogue, to be held after the conclusion of a final munity support for a Darfur peace agreement peace agreement on Darfur. That dialogue would also depend on several factors, including should also include a strategy for sustainable rec- its consistency with the Comprehensive Peace onciliation among all communities in Darfur. Agreement and the Interim National Constitu- On 19 November, following the Envoys’ meet- tion and respect for the constitutional arrange- ing in Khartoum, United States Assistant Secre- ments worked out for southern Sudan; its poten- tary of State for African Affairs, Jendayi Frazer, tial application to other conflict areas in the and the Head of AMIS, Ambassador Baba Gana country,such as eastern Sudan; and the inclusion Kingibe, jointly facilitated a meeting between of measures to effectively enforce a permanent Abdul Wahid and Minni Minawi to urge them ceasefire in Darfur. again to participate constructively and with a In his December report [S/2005/825], the united purpose in the seventh round of the Abuja Secretary-General informed that, following the talks, notwithstanding the disagreements within adjournment of the sixth round of the inter- the movement. A further initiative was led by the Sudanese peace talks on Darfur, the Minawi ele- Government of Chad, assisted by the Libyan ment of the SLM/A leadership called a confer- Arab Jamahiriya, Eritrea and the AU,in ence in Haskanita, in eastern Darfur, on 29 Octo- N’Djamena on 25 and 26 November. Both Abdul ber. Although the conference, was well attended, Wahid and Minni Minawi agreed to present a the SLM/A Chairman Abdul Wahid Al-Nur and common negotiating platform, to be coordinated the majority of his supporters refused to partici- with JEM. pate. The Haskanita conference culminated in The Special Representative also held two bilat- the election of Minni Minawi as the new SLM/A eral meetings with Mr. Minawi, during which he Chairman, which was rejected by Abdul Wahid. underlined the international community’s posi- Several important initiatives were undertaken to tion that divisions within SLM should not detract repair the SLM/A rift and help create a conducive from the overarching mission of achieving peace

YUN05—4th proofs Dec. 24 2007 334 Political and security questions and reconciliation in Darfur before the end of with an armed group that had earlier ambushed 2005. He urged Mr. Minawi to refrain from de- and killed two civilian contractors in southern taining dissenting commanders, made clear that Darfur. The AMIS patrol stated that the attackers the United Nations could not take a stance in the appeared to be members of the SLM/A, while the movement’s internal dispute and called on him movement’s leadership denied any involvement. to cooperate with Abdul Wahid to ensure that the That event was followed the next day by a large- signing of a peace agreement reached during the scale, though short-term, detention of AMIS per- next round would result in the cessation of mili- sonnel and advisers by a splinter faction of JEM tary activities by all. near Tine, northern Darfur. On 27 October, an The seventh round of inter-Sudanese peace AMIS patrol was shot at near Tama, southern talks on Darfur opened in Abuja on 29 Novem- Darfur, by unknown gunmen. The escalation of ber. All parties pledged to negotiate in good targeted violence against AMIS underscored the faith, with a view to reaching an agreement by the serious dangers and risks facing the AU force and end of the year. Talks were held on power- the need for all parties to guarantee their safety sharing and on wealth-sharing and security ar- and security in Darfur. rangements. While the parties identified priority In early November, the freedom of movement areas of concern in the power-sharing discus- of members of the panel of experts appointed by sions, their position still remained far apart, the Security Council to monitor the implementa- which the AU mediation was attempting to bridge tion of Council resolution 1591(2005) was af- through compromise solutions. fected during the panel’s latest visit to El-Fasher, In preparation for those talks, the AU Peace where they were harassed by Government secu- and Security Council (Addis Ababa, Ethiopia, 22 rity agents. On 10 November, the State Minister November) [S/2005/765] issued a communiqué admitted that the behaviour of military intelli- expressing concern over developments on the gence “had been wrong” and assured the Special ground. It demanded that the SLM/A leadership Representative that the panel members had free- should be addressed collectively to resolve the dom of movement in the pursuit of their man- conflict in a democratic and transparent manner. dated activities. The AU Council decided, in consultation with the UN Security Council, to consider future meas- In his December report, the Secretary-General ures, including sanctions, to be taken against any said that the confirmed number of civilian deaths party that undermined or constituted an obstacle due to violence had almost doubled, due to both to the Darfur peace process. It appealed to all in- politically motivated attacks and criminal ban- ternational partners to support the AU position ditry. In particular, two political developments on an all-inclusive peace process, and the peace significantly contributed to violence and insecu- talks, as well as AMIS deployment in Darfur. rity during the reporting period. First, the inter- Concerning the security situation, the nal struggle within SLM/A created a leadership Secretary-General said in his November report vacuum in certain areas of Darfur, leading to that the security situation in western Darfur re- speculation that the split would spur inter-tribal mained very precarious in October. Even after clashes between the Fur and the Zaghawa, the re- promises by the state government to implement spective tribes of the two rival SLM/A leaders, Ab- joint military and police patrols on the highways dul Wahid and Minni Minawi. Second, a recent to ensure security, lawlessness and banditry influx of military deserters from Chad into west- reached such dangerous levels that all roads out ern Darfur had further destabilized the complex of Geneina remained open to UN staff only with security situation in the region. They joined approved armed escorts. The tense situation Chadian armed opposition groups based in within Geneina itself warranted a reduction of Darfur who engaged in a wide range of destruc- non-essential UN personnel on 12 October. The tive activities, including cross-border smuggling, poor security situation was compounded by cattle-rustling and banditry. There were also issues that straddled the Sudan-Chad border. Re- serious inter-tribal clashes in southern Darfur ports of defections from the Chadian army high- between the Falata and the Massalit. Militia at- lighted the risk of transborder tribal ties interna- tacks on more than a dozen Massalit villages tionalizing the conflict in Darfur. Moreover, south-west of Gereida occurred from 6 to 17No- criminal cross-border activities added another di- vember, resulting in an estimated 60 deaths, and mension to the already challenging security envi- the displacement of 15,000 people. ronment. In northern Darfur, SLM/A internal difficul- October also marked a milestone for AMIS,as ties translated into an increasing number of five of its members were killed on 8 October, the inter-tribal incidents on 11 November between mission’s first such deaths, during a firefight the Zaghawa and Meidop tribes. On 13 Novem-

YUN05—4th proofs Dec. 24 2007 Africa 335 ber, confrontation between the two tribes re- needs in Darfur, which were outlined in the 2006 sulted in the death of at least 15 people. workplan for the Sudan, and presented on 2 De- Western Darfur presented the most complex cember. security environment of the three States, as splin- ters of various armed groups and significant AU assessment team to Darfur (December) numbers of infiltrators from Chad engaged in The AU-led assessment team to Darfur arrived criminally and politically motivated violence. On there on 10 December to review AMIS operations, 18 November, the Sudanese Armed Forces car- assess the implementation of the recommenda- ried out operations in the Jebel Moon area, alleg- tions of the March assessment mission (see p. 327) edly against Chadian deserters who had moved and evaluate the security situation. into the area. That incident was confirmed a In its assessment, transmitted by Nigeria to the week later by an UNMIS assessment team visiting Security Council President on 22 December the area on a fact-finding mission. Furthermore, [S/2005/834], the mission concluded that the AMIS there was no sign of Chadian deserters as alleged presence had contributed to reducing the num- by the Government. ber of ceasefire violations and afforded some The Secretary-General noted that the situation level of protection for the delivery of humanita- in Darfur had not changed since 2004: the vast rian assistance. Its “firewood patrols” and field majority of armed militia had not been dis- sorties enabled internally displaced persons to armed, nor any major steps taken by the Govern- cultivate and harvest crops in certain areas, and ment to bring to justice or even identify any of the that, together with a sustained humanitarian militia leaders or the perpetrators of attacks, con- effort by the international community, had con- tributing to a prevailing climate of impunity. He siderably reduced malnutrition and mortality urged the Government of the Sudan once again rates in Darfur. Several AMIS commanders had to take decisive steps to address those issues. The also engaged in local reconciliation efforts (“mili- current round of the Abuja talks was critical and tary diplomacy”), thus contributing to reducing had to be decisive, despite the serious difficulties tensions and preventing many incidents. The de- encountered, as a result of the division within ployment of the civilian police component, which SLM. Further procrastination should not be ac- had started 24-hour operations in some locations, cepted. The international community, including also helped to improve significantly the security his Special Representative, had begun engaging in the camps for internally displaced persons and the parties on key post-conflict issues that needed their immediate vicinity. to be defined in a peace agreement. However, a The team noted, however, that the prevailing peace agreement could result in security and pro- security situation did not allow for the return of tection only if it was widely accepted among the internally displaced persons and refugees in any various elements in Darfur, including those not significant numbers. Banditry, harassment of represented at the Abuja talks. Sustained dia- civilians, and tensions and skirmishes between logue among all parties and an inclusive and ethnic communities were rife throughout Darfur long-term reconciliation strategy therefore and remained an unresolved security challenge. would have to follow an agreement in Abuja. All The team paid tribute to the fallen AMIS sol- parties would have to demonstrate their political diers in the Khor Abeche area in southern determination for genuine reconciliation. Those Darfur and those injured near the Chadian and other steps would have to go hand in hand border. The mission noted that AMIS personnel, with an enhanced international security pres- whose total strength, as at 13 December, stood at ence, which should address adequately the dete- 6,932 (5,623 military personnel and 1,309 civilian riorating security situation on the ground. police), were conducting their tasks with increas- The Secretary-General said that he was ing effectiveness and great commitment. pleased that the AU had decided to lead a second assessment mission from 10 to 20 December (see The findings of the assessment mission would below), including a team from the United form the basis of the AU Commission’s recom- Nations. The mission’s recommendations on the mendations to the Peace and Security Council in January 2006 on how to further enhance the ef- way forward would help inform the AU, its part- ners and the Security Council as they considered fectiveness of the AU forces in Darfur and to pro- the next steps to take. In the meantime, every- vide pointers on the way forward. thing possible should be done to sustain and strengthen the AU Mission and to further en- Year-end developments hance protection efforts throughout the region. In a later report [S/2006/59], the Secretary- He also appealed to the donor community to re- General indicated that the seventh round of the spond generously to the massive humanitarian inter-Sudanese peace talks, which started in

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Abuja on 29 November, made slow progress. border and concern about a possible conflict be- Work in the power-sharing commission was de- tween those two neighbouring countries further layed for a week, as the parties were unable to exacerbated the climate of insecurity. reach a compromise on the four key issues of Both SLM/A and the Government seriously agenda item 4, namely: whether Darfur should flouted the ceasefire agreements. On 3 Decem- become a region or remain divided into three ber, armed militia attacked the SLA at Um Kunya, separate states; the inclusion of a Darfurian rep- south of Nyala, resulting in 11civilian deaths and resentative in the structure of the presidency; up to 7,500 people displaced. On 4 December, in Darfurian representation at the national capital an apparent retaliation, SLA forces attacked the level; and the application of the 1 January 1956 Sudanese Armed Forces garrison at Donkey boundaries to Darfur. After extensive consulta- Dereaisa, while Sudanese Armed Forces attacked tions with both sides, the power-sharing commis- their positions in the Masteri area, south-west of sion resumed work on 19 December in a some- Geneina. Heavy fighting continued for three what improved atmosphere and was continuing days, forcing the relocation of NGOs from the to debate the four issues. area. Government forces and rebels also fought In the wealth-sharing commission, further in Masteri, Kongo Haraza and Beida, together progress was made. The movements called for a with militia attacks in the Jebel Moon, Silea and joint assessment mission by both sides, with inter- Kulbus areas. national community participation, to assess the The level and intensity of inter-tribal and mili- effects of the war on the ground. While it was es- tia clashes also increased. On 19 December, hun- tablished that this could not take place without dreds of armed militia attacked the village of the appropriate security conditions, the parties Abu Sorouj, in western Darfur, burning dozens nevertheless agreed to call upon international of huts and looting livestock. A total of 19 villag- partners to participate in such a mission with the ers, including several women and children, were least possible delay. Despite concerted efforts to reported killed in the attack. move matters forward in the commission on secu- The security situation in western Darfur was rity arrangements, the agenda for discussion was again being negatively affected by the rapidly de- only adopted on 23 December. Little progress teriorating situation along the Chad-Sudan was made, given the failure of the parties, partic- border. On 18 December, major clashes took ularly the movements, to separate their formal place between Chadian rebel groups and Chad- negotiating position from an agreement on the ian armed forces in the border town of Adre. substance of the agenda. There was a growing Since then, there was a worrying build-up of feeling that some of the protagonists were delib- armed forces of the two states and local militias erately stalling in support of their belief that they on both sides of the border. could achieve a military solution. In the area of human rights, unidentified From 19 to 21 December, the National Con- armed elements continued to launch attacks on gress Party (NCP) components within the Darfur camps during December, while elements associ- state governments organized an all-Darfur con- ated with the Sudanese Armed Forces continued ference, to which the armed movements, to harass and intimidate them. At Kalma camp, Darfurians in the diaspora and in political move- on 15 December, the Government lifted the com- ments across the Sudan were invited. However, mercial blockade that had been imposed on the other major political parties, including SLM,boy- camp for more than six months. The blockade cotted the conference, citing differences in views prevented the flow of critical goods and materi- with NCP. Internally displaced persons in the als into the camp and led to a dramatic increase in Abo-Shouk and El-Salam camps in El-Fasher also tensions and violence there. The lifting of the boycotted the conference, arguing that they were ban, combined with the more regular AMIS pres- not sufficiently represented. The conference ence in the camp, had significantly reduced the adopted a wide range of recommendations in number of security incidents reported from the economic, political and social areas. Kalma. Concerning the security situation, the Field missions and investigations conducted by Secretary-General reported that December wit- UN human rights officers in December also re- nessed a continuation of very high levels of vio- vealed serious abuses against civilians in the con- lence and insecurity in Darfur, including ban- text of major attacks by the Sudanese Armed ditry, a new round of militia attacks on villages Forces and/or armed militias. Documented vio- and camps, intensive Government combat opera- lations included forced displacement, arbitrary tions and the deliberate destruction of significant arrest, prolonged detention, torture by national areas of farmland. In addition, the rapid deterio- security officials and the indiscriminate use of ration of the situation along the Chad-Sudan force in military operations.

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Communications. The EU Presidency, in a 21 Mission in the Sudan, and that the Government of December statement [S/2005/852], welcomed the the Sudan disarm and control militias. It further de- progress made in the seventh round of the Abuja mands that those responsible for violations of hu- man rights and international humanitarian law be talks in the wealth-sharing commission, but ex- brought to justice without delay. pressed concern at the lack of progress on power- The Council recalls its concern that the persisting sharing and security arrangements. The EU was violence in Darfur might further negatively affect deeply concerned by the continuing violations of the region, in particular the security of Chad. It the ceasefire agreements in Darfur and called on firmly condemns, in this context, recent attacks per- all sides to stop such attacks and refrain from any petrated by armed elements within Chad and in par- action that might aggravate the situation in ticular the attack of 18 December 2005 on positions of the Chadian national army in the town of Adré, Darfur and Chad. and supports efforts to reduce tensions on the On 22 December [S/2005/835], the Spokesman border. for the AU mediation issued a statement, in which The Council reaffirms its determination to make full the AU Special Envoy for Darfur and Chief Nego- use of existing measures under its relevant resolutions tiator expressed outrage at the attack on Abu on the Sudan, including holding accountable those re- Sorouj in western Darfur on 19 December. The sponsible for violence and violations of the arms em- Special Envoy stressed that the perpetrators bargo, and those who impede the peace process. The Council expresses its gratitude to the African should be made to face the full force of the law Union and its Mission in the Sudan for the positive and urged the Sudanese authorities and others role that its forces have played in reducing violence concerned to ensure that justice was done. He and promoting the restoration of order in Darfur. also called on the Government of the Sudan and The Council also appeals to donors to continue all parties to the conflict to ensure the protection both to support the crucial work of the African of the civilian population in Darfur. Union Mission in the Sudan in stemming the vio- lence in this suffering region and to provide critical SECURITY COUNCIL ACTION humanitarian assistance to millions of war-afflicted civilians in Darfur and across the border in Chad. On 21 December [meeting 5342], following con- In the broader Sudan context, the Council wel- sultations among Security Council members, the comes further progress achieved in the implementa- President made statement S/PRST/2005/67 on tion of the Comprehensive Peace Agreement, in par- behalf of the Council: ticular the signing of the Constitution for Southern Sudan and the formation of the Government of The Security Council welcomes the commence- Southern Sudan. ment in Abuja of the seventh round of the African Union-led inter-Sudanese peace talks on Darfur, and expresses its appreciation to the African Union, Eritrea-Sudan the international community and the other donors. On 27 June [S/2005/416], the Sudan accused The Council is encouraged by the active participa- Eritrea of acts of aggression and sabotage de- tion of representatives from all invited groups of the signed to undermine the peace agreements Sudan Liberation Movement/Army and the Justice achieved in southern Sudan and to destabilize and Equality Movement, as well as members of the and threaten national security. It also accused Sudan People’s Liberation Movement, as part of the Government of National Unity, and urges their con- Eritrea of organizing conferences of Sudanese tinued cooperation with the African Union Mission opposition groups in Eritrea and offering politi- in the Sudan and with the United Nations Mission in cal, training and logistic support to those organi- the Sudan. zations. It called on the Security Council to ad- The Council calls upon all parties to the conflict to dress the situation, which it warned was soon fulfil their commitments to conclude a just and full reaching that point when it would be forced to peace accord without further delay. The Council de- exercise its legitimate right to defend its sover- mands that all parties refrain from violence and put eignty, territorial integrity and security. an end to atrocities on the ground, especially those committed against civilians, including women and Eritrea, in a 28 June response [S/2005/417],de- children, humanitarian workers and international tailed its historic efforts to promote internal peacekeepers. peace and stability in the Sudan, and said that the The Council recalls the demands on the Govern- groundless accusations were either pretexts by ment of the Sudan and the rebel forces, as well as the Government to derail the entire peace pro- other armed groups, to respect fully their commit- cess and renege on its commitments, or a deliber- ments referred to in its recent resolutions. The ate diversion to foment problems in the region. Council demands, in particular, that the Sudan Lib- eration Movement/Army, the Justice and Equality Movement and the Government of the Sudan imme- Somalia diately cease violence, comply with the N’djamena ceasefire agreement, end impediments to the peace The Transitional Federal Government of So- process and cooperate fully with the African Union malia, established at the end of 2004, following

YUN05—4th proofs Dec. 24 2007 338 Political and security questions the successful conclusion of the Somali National violence, factional and inter-clan conflicts and Conference, began 2005 with the endorsement militia rivalries continued, which not only exacer- by Parliament of a Cabinet. Shortly thereafter, bated the threat to the viability of the transitional the Government, in addressing the two immedi- institutions but also prevented implementation ate priorities, namely, its relocation from Nairobi of UN programmes in the country and ham- to Somalia and the establishment of an interim pered delivery of humanitarian assistance to the peace support mission pending deployment to Somali communities in crisis. the country of a peacekeeping mission, caused a The self-proclaimed republic of “Somaliland” rift within the leadership of the transitional fed- in the north-west continued to press for interna- eral institutions that resulted in a political im- tional recognition of its status as an independent passe for most of the year. State. “Somaliland” and the self-declared auton- On the one hand, President Abdullahi Yusuf omous north-east region of “Puntland” were rel- Ahmed and Prime Minister Ali Mohammed atively stable throughout the year. Gedi planned to start functioning in Jawhar until (For assistance for humanitarian relief and the it was safe to relocate to the capital, Mogadishu; economic and social rehabilitation of Somalia, on the other, the Speaker of Parliament, Sharif see p. 996.) Hassan Sheik Adan, and some ministers insisted on immediate relocation to Mogadishu. Al- United Nations Political Office for Somalia though no agreement was reached, relocation got The United Nations Political Office for Soma- under way by midyear, with each side relocating lia (UNPOS), established in 1995 [YUN 1995, p. 400], to its chosen site. Also contentious was the com- continued to assist in advancing the cause of position of an interim peace support mission, peace and reconciliation in Somalia. The sponsored by the Intergovernmental Authority Secretary-General, in his February report (see on Development and endorsed by the African p. 339), stated that the Transitional Federal Gov- Union, in response to a request by the President. ernment, the countries in the region and the in- As the impasse persisted, each side proceeded to ternational community had asked the United engage in unilateral actions that the other re- Nations to take the lead in coordinating support jected, leading to heightened tension and re- to the Government to implement the agreements ported military build-up by both sides. The Secu- reached by the Somali National Reconciliation rity Council cautioned that a peace support Conference, which concluded in October 2004 mission had to be carefully planned and required with the election of the President [YUN 2004, p. 261], the support of the Somali people; it called on all and to establish peace and stability in Somalia. Somali leaders to exercise maximum restraint The Secretary-General recalled having previ- and stressed that a resort to military force was un- ously pointed to the need, at that stage of the So- acceptable. mali peace process, for an expanded UN political Meanwhile, the United Nations Political Of- presence and proposed an incremental expan- fice for Somalia remained in contact with Somali sion based on discussions with the Transitional leaders, civic organizations and the States and or- Federal Government. That called for a higher ganizations concerned in order to advance the profile leadership by UNPOS and an increase in peace and reconciliation process. In November, its staff in the areas of political and military liai- the Secretary-General outlined to the Council son, information, civil police, disarmament, de- the specifics of an expanded role for the United mobilization and reintegration, and human Nations in the country, which the Government, rights. The Security Council, in welcoming the States in the region and the international com- efforts of UNPOS, concurred with the need for an munity had requested. expanded UN role in Somalia as proposed (see The Monitoring Group on Somalia, charged p. 341). by the Council with investigating violations of the On 16 November [S/2005/729], the Secretary- arms embargo imposed on the country, reported General confirmed to the Council that the ex- in August a dramatic rise in violations that in- panded role for the United Nations would in- volved the leaders of the two opposing sides, clude assisting in the continuous dialogue among which corresponded to their increased Somali parties for reconciliation; assisting in militarization activities in central and southern effort to address the issue of “Somaliland”; coor- Somalia. At the request of the Council, the dinating support for the peace process with So- Secretary-General, in March and November, re- malia’s neighbours and other international part- established the Group, each time for a six-month ners; and chairing the Coordination and period, in order to continue its functions. Monitoring Committee, as well as playing a lead- Insecurity remained prevalent in Mogadishu ing political role in peacebuilding activities. The and in other parts of the country, as intermittent main objectives of UNPOS during 2006-2007

YUN05—4th proofs Dec. 24 2007 Africa 339 would be to foster inclusive dialogue and recon- National reconciliation ciliation among the transitional federal institu- process and security situation tions (TFIs); support the establishment of govern- As requested by Security Council presidential ance structures and institutions and develop statement S/PRST/2001/30 [YUN 2001, p. 210], the action plans for them, in close coordination with Secretary-General submitted quarterly reports the Transitional Federal Government; and coor- during the year updating developments on the dinate international political and financial situation in Somalia since his October 2004 re- support to the nascent Somali institutions. port [YUN 2004, p. 260]. The Council took note of the information on Report of Secretary-General (February). In 21 November [S/2005/730]. his February report [S/2005/89], the Secretary- General stated that the new Cabinet proposed by Appointment. By an exchange of letters be- the Prime Minister, composed of 92 ministers, tween the Secretary-General and the Security assistant ministers and ministers of State, was en- Council [S/2005/280, S/2005/279], François Lonseny dorsed by Parliament on 13 January. The unusu- Fall (Guinea) was appointed Special Representa- ally large number of appointments drew criti- tive of the Secretary-General for Somalia and cism, which the Prime Minister defended as Head of UNPOS, to succeed Winston A. Tubman necessary to ensure inclusivity. At its first meet- (Liberia), who had served in that capacity until ing, on 15January, the Cabinet set up committees March. Mr. Fall assumed his duties in Nairobi on to handle cooperation with the international 27 May. community and to work on the relocation of the Transitional Federal Government from Nairobi Financing to Somalia. The relocation plan called for relo- cating to Somalia 987 people, including the Gov- The Secretary-General, in his April report ernment and Parliament members, and dele- [A/59/534/Add.4] on estimates in respect of the spe- gates to the Somali National Reconciliation cial political missions, good offices and other pol- Conference; peacebuilding and reconciliation itical initiatives authorized by the General As- through the organization of peacebuilding con- sembly and/or the Security Council, presented ferences in 92 districts; establishment of provi- additional resource requirements for the ex- sional regional and district administrations panded operation of UNPOS for the period 1 June pending full realization of the federal structure; to 31 December 2005, estimated at $5,017,400 net encampment and retraining of 53,000 militia ($5,394,600 gross). Of that amount, $845,700 members; and formation of a police force of would be met from the unencumbered balance 10,000. The plan, costing some 94,375,572 euros, against existing appropriations for the period was expected to last over three months, from mid- ending on 31May 2005, thus reducing the overall February. The plan was presented on 2 February additional requirements for UNPOS to $4,171,700 to the new Coordination and Monitoring Com- net ($4,548,900 gross). mittee [YUN 2004, p. 262], created as a mechanism On 22 April [A/59/569/Add.4], ACABQ recom- through which donor countries and regional and mended approval of the resources requested, but subregional organizations provided support to was aware that savings might be achieved as the efforts of the Transitional Federal Govern- events dictated possible movements. ment. The Committee’s Declaration of Princi- ples and Structured Coordination Modalities, The General Assembly, in section II of resolu- which served as the highest level of information- tion 59/294 of 22 June (see p. 1488), approved sharing and policy discussion in the partnership the UNPOS budget for the period 1 June to 31 between the international community and the December 2005 in the amount set out in the Government, was signed on 9 February by the Secretary-General’s report. Transitional Federal Government and the In December [A/60/585 & Corr. 1], the Secretary- United Nations, representing the international General, in his budget submission for the 26 spe- community. cial political missions authorized by the Assembly On 6 February, two delegations of 73 Parlia- and or the Security Council, proposed require- mentarians led by the Speaker of Parliament and ments for UNPOS for 2006 in the amount of the Second Deputy Speaker visited Mogadishu to $7,129.2 million. The Assembly, in section VI of discuss the relocation and security issues with resolution 60/248 of 23 December (see p. 1495), local leaders, clan elders and other stakeholders. approved $100 million for those missions and de- The visits were supported by the United Nations cided to continue consideration of the Secretary- Trust Fund for Peacebuilding in Somalia, the General’s request at its resumed sixtieth (2006) United Nations Development Programme (UNDP) session. and the European Commission. For their part,

YUN05—4th proofs Dec. 24 2007 340 Political and security questions the President and the Prime Minister, while still Given that stabilizing the humanitarian situa- residing in Nairobi, had undertaken a number of tion in Somalia constituted an essential compo- diplomatic missions to countries of the region nent for the peace and reconciliation process, the towards the end of the previous year to discuss report also described the efforts to that end, in- those issues. cluding assistance to the drought-affected re- On 31January,the Intergovernmental Author- gions of the north and south-central zones and along the Somali coastline that had been affected ity on Development (IGAD) issued a communiqué expressing the willingness of Djibouti, Ethiopia, by the 2004 Indian Ocean tsunami [YUN 2004, Kenya, the Sudan and Uganda to participate in a p. 952], as well as to the estimated 400,000 Somalis displaced by drought conditions and clan con- future African Union (AU) peace support mission flicts. Further detailed were UNDP operational to Somalia. On 7 February, the AU Peace and Se- activities to promote peace and stability in the curity Council authorized IGAD to deploy such a mission to Somalia. A large demonstration led by areas of governance, livelihoods, health, water a number of sheikhs and militias under the and environmental protection, child protection, Sharia courts had been mounted, on 8 January, HIV/AIDS, internally displaced persons and refu- against the deployment in Somalia of what they gees, and education. The Secretary-General considered foreign troops in support of the Tran- called on the Office for the Coordination of sitional Federal Government. Heavy weapons, Humanitarian Affairs and UN agencies to accel- including anti-aircraft guns and armoured vehi- erate their efforts to reach out to non-traditional cles were reportedly being purchased for use donors, and for the expansion of community- against such troops. based peace and reconciliation initiatives cur- rently being undertaken in the humanitarian The intermittent fighting and violence in So- context. malia continued to prevent the United Nations from implementing programmes in many areas SECURITY COUNCIL ACTION of the country. Large-scale violations of the arms On 7 March [meeting 5135], following consulta- embargo by extremist groups, militias and some tions among Security Council members, the Pres- Parliament members were reported. Of concern ident made statement S/PRST/2005/11 on be- was the proliferation of small arms and heavy half of the Council: weapons, such as tanks, artillery, anti-aircraft guns, rocket launchers and heavy mortars. Be- The Security Council reaffirms all its previous de- cause of insecurity in Mogadishu, where violent cisions concerning the situation in Somalia, in par- ticular the statement by its President of 19November crime remained common and clan disputes occa- 2004. sionally occurred, the Transitional Federal Gov- The Council welcomes the report of the Secretary- ernment had been obliged to consider a phased General of 18 February 2005, and reaffirms its com- approach for its return to the capital and perhaps mitment to a comprehensive and lasting settlement to start functioning in Baidoa or Jawhar. Wide- of the situation in Somalia and its respect for the sov- spread inter-clan fighting and banditry contin- ereignty,territorial integrity,political independence ued to have a severe impact on southern and and unity of Somalia, consistent with the purposes central Somalia. and principles of the Charter of the United Nations. The Council welcomes the progress made in the Confrontation continued between “Somali- Somali National Reconciliation Process, in particu- land” (the north-western regions) and “Punt- lar the ongoing relocation efforts of the Transitional land” (north-eastern Somalia) over control of the Federal Government, expects further progress in north-western regions of Sool and Sanaag. An this regard and stresses the need for the interna- electoral law passed by the “Somaliland” House tional community to provide strong political, finan- cial and capacity-building support for these efforts. of Representatives and by the House of Elders on The Council commends the efforts of the African 18 January and 5 February,respectively,provided Union and the Intergovernmental Authority on De- for the demarcation of district and regional velopment in support of the Transitional Federal boundaries; the holding of elections in all “Soma- Government. The Council reiterates its support for liland” regions (including Sool and Sanaag) and the efforts of the African Union in assisting the pro- a population census; and the completion of voter cess of transition in Somalia. The Council recog- registration and issuance of identity cards to all nizes the African Union’s readiness to play an im- “Somalilanders” before elections. The law raised portant role in a future peace support mission in Somalia. Such a mission must be carefully consid- concern over the possibility of renewed tensions ered and planned and would require the support of between “Somaliland” and “Puntland” during the Somali people. those elections, scheduled for 28 March. In The Council urges all Somali factions and militia “Puntland” on 8 January, General Adda Musse leaders to cease hostilities and encourages them and was elected President. the Transitional Federal Government to enter into

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immediate negotiations for a comprehensive and Report of Secretary-General (June). The verifiable ceasefire agreement leading to final dis- Secretary-General’s June report [S/2005/392] armament, and welcomes the willingness of the noted that the two issues of relocation and secu- United Nations to provide advice in this regard. rity had proved controversial within the Transi- The Council expresses its gratitude to all those do- nors who have supported the peace process in Soma- tional Federal Government. Serious concern was lia and encourages donor countries and regional and expressed among Somalis and the international subregional organizations to contribute to the recon- community that, almost eight months after the struction and rehabilitation of Somalia, in particular conclusion of the Somali National Reconciliation through efforts coordinated by United Nations Conference, the transitional institutions were agencies. still in Nairobi rather than in Somalia. Contro- The Council welcomes the establishment of the versy on the first issue caused a rift between Pres- Coordination and Monitoring Committee, chaired ident Yusuf and Prime Minister Gedi, on the one jointly by the Prime Minister of the Transitional Fed- eral Government and the United Nations, through hand, who argued that the Government should which donor countries and regional and subregional relocate temporarily to Baidoa or Jawhar until organizations can provide support to the efforts of Mogadishu was made safe; and Speaker of Parlia- the Government. ment Sharif Hassan Sheikh Adan and those asso- The Council stresses that improving the humani- ciated with him, on the other, who insisted on im- tarian situation is an essential component of support mediate relocation to Mogadishu. Consequently, for the peace and reconciliation process. The Coun- relocation could not begin in mid-February as cil strongly believes that ensuring humanitarian ac- planned. However, Parliament members and cess to all Somalis in need and providing guarantees for the safety and security of aid workers is an imme- ministers gradually began leaving Nairobi for diate priority and obligation of the Transitional Fed- Mogadishu beginning in late March through the eral Government. middle of June. By the reporting date, over 100 The Council welcomes the efforts of the United parliamentarians were in Mogadishu. The Pres- Nations Political Office for Somalia and its leading ident arrived in the city of Jawhar on 26 July, role in coordinating support for the Transitional which he and the Prime Minister used as the de Federal Government to implement the agreements facto temporary seat of the Transitional Federal reached at the Somali National Reconciliation Con- Government. ference and establish peace and stability in Somalia. The Council takes note of the need to expand the Controversy on the second issue centered on United Nations presence as proposed in the report the inclusion of troops from the front line States— of the Secretary-General of 18 February 2005. The Djiouti, Ethiopia and Kenya—in a future AU/ Council concurs with the Secretary-General that a IGAD peace support mission requested by the further enhanced role for the Organization in Soma- President. Again, a large number of Parliament lia must be incremental and should be based on the outcome of discussions with the Government. members, Cabinet ministers and other leaders The Council reaffirms its full support for the who were later joined by the Speaker, while wel- peace process in Somalia and the commitment of the coming AU troops, categorically opposed the in- United Nations to assist the regional and sub- clusion of troops from those States and insisted regional efforts in this regard. on the endorsement by Parliament of the mis- sion’s composition and mandate. The opposing Communications. The European Union (EU), sides held demonstrations in the capital in early in a 7 April statement issued by its Presidency March in support of their respective views. The [S/2005/248], urged all Somali parties inside and IGAD Council of Ministers met on the issue on 17 outside the TFIs to refrain immediately from fur- and 18 March, following Parliament’s debate on ther hostilities and armed confrontations, and it. The Ministers reaffirmed their commitment called for an immediate dialogue among all the to execute their 31 January decision to deploy an parties within the TFIs with a view to having the IGAD peace support mission to Somalia (see Council of Ministers and Parliament reach an p. 340). Deployment would take place in two agreement on a new comprehensive proposal on phases: during phase I, troops from the Sudan relocation and security. and Uganda would provide security and support By a joint statement of 12 May [S/2005/326], the to the Government to ensure its relocation to EU and the United States stressed the urgent Somalia, while the remaining IGAD countries need for a viable agreement on relocation and se- would provide logistics, equipment and training curity, to be endorsed by the TFIs. They wel- to the Somali army and police; during phase II, comed the Somali efforts on relocation, includ- troop deployment would be undertaken by the ing those of the Somali parties to facilitate remaining IGAD countries pending the deploy- demilitarization in Mogadishu, which should be ment of AU troops. The Ministers welcomed the incorporated into a national plan as soon as possi- decision of the Ministers for Foreign Affairs of ble. the League of Arab States (LAS) to participate in

YUN05—4th proofs Dec. 24 2007 342 Political and security questions the mission and to assist IGAD and the AU in that identified a number of project proposals for sev- regard. eral peacebuilding activities under the United An AU/IGAD fact-finding mission had visited Nations Trust Fund for Peacebuilding in Soma- Somalia earlier (14-26 February) to hold consul- lia. tations with different segments of the population In Mogadishu, despite the rapprochement be- in many parts of the country, including Mo- tween many of the faction leaders there, violent gadishu. The mission elicited mixed reactions, crime and occasional inter-clan incidents contin- but, on the whole, most Somalis supported the ued at such levels that the city remained at UN se- deployment of foreign troops, except troops from curity phase V. In the South of the country, aid neighbouring States. In an emergency session of operations were seriously hampered by the prolif- Parliament called by the President on 11May, two eration of checkpoints manned by uncontrolled motions submitted by the Prime Minister—to de- militia who restricted staff and supply move- ploy the IGAD peace support mission, authorized ment. In contrast, administrations in both on 17 February (see p. 340), and to approve the “Somaliland” and “Puntland” were able to con- Cabinet’s decision to relocate to Baidoa or trol such activities, allowing delivery of aid over a Jawhar, with an office in Mogadishu, pending wide area. In “Somaliland” in May, a visiting AU stabilization of the capital—were approved by delegation was briefed by authorities there on the votes of 145 and 141, respectively. The votes were determination of “Somaliland” to protect its sov- declared null and void by the Speaker. ereignty, stressing that its recognition was within The AU Peace and Security Council, following the purview of the AU. A United Kingdom offi- its consideration of the fact-finding mission’s re- cial had visited Hargeysa in the previous month port at its twenty-ninth meeting (Addis Ababa, to discuss the forthcoming parliamentary elec- Ethiopia, 12 May), issued a communiqué [S/2005/ tions. The reporting period saw no significant in- 315 ] authorizing the deployment under phase I of cidents between “Somaliland” and “Puntland” in the IGAD peace support mission, which was to fa- the contested regions of Sool and Sanaa, al- cilitate the relocation of the Transitional Federal though no progress towards a political solution Government and provide protection as appropri- had been achieved. ate; to assist the Government and the Somali par- ties in security sector reform and disarmament, The Secretary-General updated information demobilization and reintegration efforts; and to on developments in the various operational activ- facilitate humanitarian operations within its ities mentioned in his first report (see p. 339), in- capabilities. The AU Council also requested the cluding the training of youth groups in good Security Council to authorize an exemption for governance to enhance their participation in the peace support mission from the arms em- district-based local governance processes. The bargo imposed on Somalia by Security Council United Nations had also developed policy and resolution 733(1992) [YUN 1992, p. 199]. operational plans for countrywide disarmament, In addition to the activities of IGAD, the AU and demobilization and reintegration. As to security LAS to help establish a functional Government, sector reform, the United Nations was register- Sweden held consultations related to the coordi- ing and surveying over 15,000security forces and nation of international support to the Govern- militia in “Puntland” and “Somaliland”, where ment relocation plan. The Director of the Africa demobilization and reintegration of several thou- Division of the UN Department of Political Af- sand forces were under way. Pilot projects and fairs visited Nairobi in April to stress the need to planning would continue in central and southern resolve the current differences within the Transi- Somalia pending large-scale demobilization, in tional Federal Government. Citing the impossi- partnership with the Transitional Federal Gov- bility of ensuring security for the Government by ernment. Under development were small-arms external troops alone, he pointed to the need for and light-weapons control strategies, including a a comprehensive ceasefire agreement with the legal framework for the curtailment of weapons possible formation of a core Somali security force proliferation in the country. that was initially to be recruited on the basis of The Secretary-General underlined the impor- the “4.5 formula” for clan representation and tance of including a humanitarian and human quickly trained. The TFIs could gradually move rights component in training programmes envis- from Nairobi to Mogadishu, while the President aged for foreign troops and Somali security could travel to different locations in Somalia. forces. He said the United Nations would con- UNPOS likewise encouraged dialogue between tinue to support disarmament, demobilization the Transitional Federal Government members and reintegration efforts and to build on experi- in Mogadishu and those in Nairobi (see p. 344). It ences of UN agencies already involved in such visited possible facilities for the relocation and programmes.

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SECURITY COUNCIL ACTION (July) institutions and consistent with a national security On 14 July [meeting 5227], following consulta- and stabilization plan. tions among Security Council members, the Pres- The Council takes note of the request by the Peace ident made statement S/PRST/2005/32 on be- and Security Council to the Security Council for the authorization of an exemption from the arms em- half of the Council: bargo imposed against Somalia by resolution 733 The Security Council reaffirms all its previous de- (1992) of 23 January 1992, contained in the com- cisions concerning the situation in Somalia, in par- muniqués issued by the Peace and Security Council ticular the statements by its President of 19 Novem- on 12 May and 3 July 2005. The Security Council ber 2004 and 7 March 2005. stands ready to consider this matter in due course on The Council welcomes the report of the Secretary- the basis of information on the above-mentioned General of 16 June 2005, and reaffirms its commit- mission plan. ment to a comprehensive and lasting settlement of The Council further reminds all parties in Soma- the situation in Somalia and its respect for the sover- lia, including all members of the transitional federal eignty, territorial integrity, political independence institutions, as well as all Member States, of their ob- and unity of Somalia, consistent with the purposes ligation to implement and enforce the arms embargo and principles of the Charter of the United Nations. imposed by the Council under resolution 733(1992). Continued non-compliance with this measure un- The Council is encouraged by the relocation now dermines the efforts of those who seek to establish under way of the transitional federal institutions to peace in Somalia. There can be no effective and last- Somalia, urges further progress in this regard and ing progress in Somalia as long as arms and ammuni- calls upon the Somali leaders to continue to work to- tion flow unchecked across Somalia’s borders. A sta- wards reconciliation, through inclusive dialogue and ble and secure environment in Somalia is essential to consensus-building within the framework of the the future success of the national reconciliation pro- transitional federal institutions, in accordance with cess. the Transitional Federal Charter of the Somali Re- The Council welcomes the continued engagement public adopted in February 2004. of donors in supporting the establishment of a func- The Council expresses its concern at the recent tioning government in Somalia through the mecha- disagreements and increased tensions among Somali nism of the Coordination and Monitoring Com- leaders, which threaten the viability of the transi- mittee and in fulfilment of the Declaration of tional federal institutions. The Council calls upon Principles. The Council encourages donor countries all leaders in Somalia to exercise maximum restraint and regional and subregional organizations to con- and take immediate effective steps to reduce tension. tinue to contribute to the reconstruction and rehabil- Violence or military action by any members of the itation of Somalia, in particular through the mecha- transitional federal institutions or other parties is nism of the Rapid Assistance Programme and efforts unacceptable as the means for dealing with the cur- coordinated by the United Nations. rent differences within the transitional federal insti- The Council stresses that improving the humani- tutions. The Council reiterates that any members of tarian situation is an essential component of support the transitional federal institutions or other parties for the peace and reconciliation process. The Coun- who persist on the path of confrontation and con- cil reiterates that ensuring humanitarian access to all flict, including military action, will be held account- Somalis in need and providing guarantees for the able. safety and security of aid workers is an immediate The Council urges the transitional federal institu- priority and obligation of the transitional federal in- tions to conclude without delay a national security stitutions. The Council further welcomes the on- and stabilization plan, to include a comprehensive going efforts and work of the business community, and verifiable ceasefire agreement leading to final humanitarian organizations, non-governmental or- disarmament, and welcomes the willingness of the ganizations, civil society and women’s groups to facil- United Nations to provide advice in this regard. itate the demilitarization of Somalia. The Council commends the commitment of the The Council deplores the recent hijacking of a African Union and the Intergovernmental Author- vessel off the coast of Somalia that had been char- ity on Development in support of the relocation to tered by the World Food Programme and was carry- Somalia of the transitional federal institutions and ing food aid for tsunami victims, and notes the subse- reiterates its support for those efforts in assisting the quent decision by the Programme to suspend all process of transition in Somalia. The Council wel- shipments of humanitarian assistance to Somalia. comes the readiness of the African Union and the In- The Council expresses its concern at the impact of tergovernmental Authority on Development to rein- these developments, and calls for the quick and ap- force their continued support for the establishment propriate resolution of this incident. The Council of a functioning central government of Somalia, in- condemns in the strongest terms the brutal murder cluding the possible deployment of a peace support of Somali peace activist Abdulkadir Yahya Ali in mission to Somalia, and encourages the Peace and Mogadishu on 11July 2005. The Council calls for the Security Council of the African Union to keep the incident to be investigated immediately and for those Security Council informed of all developments. The responsible to be held fully accountable. Council expects the African Union and the Intergov- The Council welcomes the steps being taken to ernmental Authority on Development to work out a strengthen the capacity of the United Nations Politi- detailed mission plan in close coordination with, and cal Office for Somalia and reaffirms its strong with the broad consensus of, the transitional federal support for the leadership of the Special Represen-

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tative of the Secretary-General in his efforts in fos- sented the President and the Prime Minister with tering inclusive dialogue among the leaders of the a proposed road map for dialogue which would transitional federal institutions. The Council calls address the key issues of an agreement on the safe upon all Somali parties and Member States to extend to him their fullest cooperation in this regard. relocation of the TFIs, a national security and sta- The Council reaffirms its full support for the bilization plan, modalities for the deployment of peace process in Somalia and the commitment of the an AU/IGAD peace support mission, and national United Nations to assist the regional and sub- reconciliation. A sequencing chart, prepared by regional efforts in this regard. IGAD, the AU and the EU, was also presented. It proposed that, upon successful conclusion of the Report of Secretary-General (October). The dialogue, the Council of Ministers and a full ses- Secretary-General’s report of 11October [S/2005/ sion of Parliament should be called to establish a 642] indicated no progress in resolving the differ- national security commission to draw up the mo- ences between the TFI leaders on four broad dalities for the deployment of a peace support issues: the relocation of the TFIs; a national secu- mission. rity and stabilization plan; national reconcilia- On 3 August, the Special Representative vis- tion; and the peace support mission envisaged by ited Mogadishu and presented to the Speaker, the AU and IGAD. Instead, tensions worsened be- ministers and members of Parliament a copy of tween the President and the Prime Minister, who the road map and sequencing chart. They ex- were based in Jawhar, and the Speaker of Parlia- pressed support for the initiative but voiced their ment and ministers based in Mogadishu, with the concerns that the President and the Prime Minis- opposing parties proceeding to take unilateral ter might resort to an armed confrontation with actions. them. While committing themselves to dialogue, At a meeting of some Parliament members in they emphasized that the agenda, venue and com- Nairobi on 12 June, chaired by the First Deputy position of delegations for the talks had to be Speaker, the President announced a two-month agreed to in advance. The Prime Minister an- recess of Parliament; the Speaker, who did not at- nounced at a press conference on 19 August that tend, questioned the legitimacy of the meeting the Government was open for dialogue within and the President’s declaration of such a recess. the TFIs. The Speaker, for his part, gave an un- On 8 August, the Prime Minister announced the dertaking to the Special Representative not to use composition of committees on national security, any Parliament meetings to undermine the pros- economic affairs and social affairs, which the pects for dialogue, and, on 26 August, reiterated Minister for National Security refused to recog- his willingness to enter into dialogue within the nize as having been constituted without the con- framework of the TFIs, stressing the need to re- sultations required by the Transitional Federal spect the Transitional Federal Charter. Charter. Some Parliament members who met in On 13 September, the Prime Minister in- Mogadishu on 13 August under the Speaker’s formed the Transitional Federal Government of chairmanship, announced the creation of a 59- his intentions, after consultations, to begin hold- member committee to restore peace and stability ing meetings of the Council of Ministers in Mo- in Mogadishu; they then summoned the full gadishu. The Special Representative welcomed Parliament to a meeting on 27 August, also in the initiative and expressed the hope that the Mogadishu, so as to establish parliamentary sub- meetings would be preceded by consultations committees. That meeting did not take place. On and followed by a full session of Parliament, in 27 August, the Prime Minister announced to re- accordance with the Transitional Federal Char- porters that the Government would soon start of- ter. In his discussions with high-level officials in fering oil, gas and mineral concessions to foreign the subregion, the Special Representative im- firms and called on such firms to avoid dealings pressed upon his interlocutors the need to foster with no other authority than the Transitional dialogue with the TFIs and encouraged them to Federal Government. use their influence towards that end. He subse- Mediation efforts between the two parties were quently held talks with European Governments mounted by Yemen, the Deputy Prime Minister to impress upon them the need for the interna- and the Minister of Interior, as well as by the Spe- tional community to speak with one voice on the cial Representative, jointly with Kenya’s Minister issues of an inclusive dialogue and of a functional for Regional Cooperation and East Africa Af- parliament as essential for the legitimacy of the fairs. On the basis of Security Council presiden- Transitional Federal Government. tial statement S/PRST/2005/32 (above), the Spe- The Heads of Mission of the EU countries in cial Representative intensified his contacts with Nairobi welcomed the Prime Minister’s proposal the leadership of the TFIs to foster an inclusive di- to resolve the differences within the TFIs at three alogue. On 1 August, he visited Jawhar and pre- levels: the leadership (President, Prime Minister

YUN05—4th proofs Dec. 24 2007 Africa 345 and Speaker), the Cabinet (ministers), and Parlia- city, his motorcade was attacked by an explosive ment. They emphasized that, if a resolution device; although he was unhurt, the blast killed through dialogue was successful, more financial nine people and wounded at least 10 others. assistance would be forthcoming from their Nonetheless, the Prime Minister called a Cabinet countries. meeting on 8 November, but only those ministers The Secretary-General expressed deep con- already supporting him attended; those based in cern that the political tensions between the TFI Mogadishu declined to attend, as the meeting leaders had led to military preparations. On was not preceded by consultations between the 6 July, the President announced the creation of a two sides. Somali national army, which began to be assem- Another initiative for reconciliation was under- bled soon thereafter from various regions of So- taken in early November by the Chairman of the malia. When troops loyal to him arrived in Juba Alliance in control of Kismayo, who pro- Jawhar in early September, the Mogadishu-based posed a two-phased approach to parliamentary leaders responded by deploying their troops in dialogue: the first would involve a meeting in the direction of Jawhar. By a 7 September press Kismayo of 16 parliamentarians each from release, they warned all humanitarian agencies Jawhar and Mogadishu to discuss technical mo- and diplomats to suspend their presence in dalities; the second would involve a full session of Jawhar and cautioned all aircraft to cease landing Parliament. Owing to lack of consensus on the there. On 8 September, the United Nations relo- question of venue, the initiative was not realized. cated its international humanitarian staff to Nai- robi and Wajid, a move criticized by the Pres- SECURITY COUNCIL ACTION (November) ident. On 12 September, the offices of the United On 9 November [meeting 5302], following con- Nations Children’s Fund were ordered closed by sultations among Security Council members, the the faction leader controlling Jawhar. President made statement S/PRST/2005/54 on Meanwhile, in “Somaliland” on 27 June, the behalf of the Council: “President” there, speaking on the occasion of the forty-fifth anniversary of independence from The Security Council reaffirms all previous state- the United Kingdom, expressed optimism for ments by its President and its resolutions concerning gaining international recognition for “Somali- the situation in Somalia, in particular the statement by its President of 14 July 2005 and its resolution land”. At the request of the electoral commission, 1630(2005) of 14 October 2005. he also postponed the parliamentary elections to The Council welcomes the report of the Secretary- 29 September. General of 11 October 2005, and reaffirms its com- Mogadishu remained insecure, in spite of un- mitment to a comprehensive and lasting settlement precedented pre-disarmament efforts to encamp of the situation in Somalia and its respect for the sov- militiamen, canton “technicals” (armed vehi- ereignty,territorial integrity,political independence cles), and dismantle checkpoints. Killings and and unity of Somalia, consistent with the purposes politically-linked assassinations in the capital in- and principles of the Charter of the United Nations. cluded the assassination of a Somali reporter The Council expresses its concern over recent re- ported military activities and hostile rhetoric, and working for Horn Afrik Radio (5 June) and of emphasizes that any resort to military force as a the long-standing peace activist, Abdul Qadir means of dealing with the current differences within Yahya, who was also a senior member of the Cen- the transitional federal institutions is unacceptable. ter for Research and Dialogue (11 July). Lack of The Council condemns in the strongest terms the as- security in most of the country remained a signif- sassination attempt on 6 November 2005 against icant problem also for aid agencies. The in- Prime Minister Ali Mohammed Gedi in Mogadishu. creased inflow of weapons, in continued viola- The Council expresses its concern and disap- tion of the UN arms embargo on Somalia (see pointment over the lack of progress in ameliorating p. 346), the inter- and intra-clan fighting, espe- the contention between the leaders of the transi- tional federal institutions, and over the non-func- cially in central and southern Somalia, and fight- tioning of the Transitional Federal Parliament, ing between rival militias all made for difficult which has an essential role in promoting the peace humanitarian access to the critical communities process. The Council calls upon all Somali parties in need of emergency assistance. and the leaders of the transitional federal institu- As later reported by the Secretary-General tions to take concrete steps towards reaching a con- [S/2006/122], the Prime Minister led a ministerial sensus agreement through inclusive dialogue with- delegation to Mogadishu on 6 November, to out delay. The Council commends the Prime Minister’s initiative for the early convening of a full make good his intention of holding a meeting of Council of Ministers in Mogadishu, to be followed the Council of Ministers in an effort to break the by a full session of Parliament. The Council under- deadlock within the Transitional Federal Gov- lines the fact that the primary responsibility for pro- ernment. Soon after arriving in the north of the gress in restoring an effective functioning govern-

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ment to Somalia lies with the leaders and members Arms embargo of the transitional federal institutions. Report of Monitoring Group (March). As re- The Council underlines its strong support for the quested by Security Council resolution 1558 Special Representative of the Secretary-General for Somalia in his efforts at facilitating the peace process (2004) [YUN 2004, p. 264], the Monitoring Group of in Somalia, supporting ongoing Somali-owned in- four experts re-established by the Secretary- ternal initiatives. The Council calls upon all Member General for a period of six months [ibid., p. 265], States to provide their full and active support in this continued to investigate violations of the arms regard. embargo covering access to Somalia by land, air The Council commends the neighbouring coun- and sea, to assess progress of its full implementa- tries, the Intergovernmental Authority on Develop- tion by States in the region, and to make recom- ment, the African Union, the League of Arab States, mendations. the European Union and concerned Member States for their keen interest and persistent efforts in The Group issued its report [S/2005/153] on 14 support of the peace process in Somalia. The Coun- February,which the Security Council Committee cil urges them to use their influence and leverage established pursuant to resolution 751(1992) con- through a common approach to ensure that the tran- cerning Somalia (Committee on sanctions against sitional federal institutions resolve their differences Somalia) [YUN 1992, p. 202] transmitted to the and build trust, through an inclusive dialogue, and Council on 8 March. The Group reported that to move ahead on the key issues of security and na- violations of the arms embargo continued to tional reconciliation. occur at a brisk and alarming rate. Since Febru- The Council affirms its continuing support to the transitional federal institutions and reiterates the ary 2004, it had uncovered 34 separate arms need for a national security and stabilization plan to shipments in violation of the embargo, which be agreed, through which any efforts to rebuild the ranged from individual weapons, such as large security sector should be directed. anti-aircraft guns, to ocean freight containers full The Council condemns the increased inflow of of arms ranging from explosives and ammuni- weapons into Somalia and the continuous violations tion to small arms, mines and anti-tank weapons. of the United Nations arms embargo. The Council Information gathered by the Group indicated further reminds all States of their obligations to the existence of a sophisticated financial network comply fully with the measures imposed by resolu- tion 733(1992) and urges them to take all necessary operating inside and outside Somalia that might steps to hold violators accountable. be directly involved in arms purchases. Recent The Council expresses serious concern over the arms shipments had strengthened the military increasing incidents of piracy off the coast of Soma- capacity of well organized and funded opposi- lia. The Council condemns recent hijackings of ves- tion elements within Somalia, who had publicly sels in the area, particularly of ships carrying hu- expressed their intent to violently oppose the manitarian supplies to Somalia. The Council urges Government and any international supporters the transitional federal institutions, regional actors that might provide military support to it inside and relevant international organizations to work to- gether to address this problem. Somalia. The Council expresses its growing concern over The report drew attention to two major arms the situation of one million Somalis in a state of markets that continued to help fuel and perpetu- humanitarian emergency or suffering from severe ate the violent clashes and instability prevalent in livelihood distress and the rising civil and food inse- the country: the Bakaaraha arms market inside curity in parts of southern Somalia, where malnutri- Somalia, particularly in Mogadishu, and an arms tion levels have increased. The Council stresses that market located in Yemen that the Group was con- improving humanitarian access to all Somalis in vinced was the source of a continuous supply of need is an essential component of durable peace and reconciliation. arms for the Bakaaraha market. Those markets The Council recognizes the role of civil society, in were also a main cause of the many arms-related particular women’s groups, and their contribution to problems in the front line States. The increased progress in demobilizing militias and improving the clandestine arms shipments to Somalia relied humanitarian situation in Somalia. less on air and more on sea and road transport. The Council strongly urges the transitional fed- The Group’s findings included arms shipments eral institutions to ensure humanitarian access and offloaded from container ships at a neighbour- provide guarantees for the safety and security of aid ing country’s seaport and transported to Somalia workers. The Council condemns in the strongest by road and by dhows. Organized criminal terms the killing of a United Nations national secu- groups involved in the clandestine movement of rity officer in Kismayo on 3 October 2005. The Council calls for those responsible to be held ac- arms shipments from source to recipient had countable. consistently circumvented the customs and police The Council reaffirms its full support for the authorities of the various States responsible for peace process in Somalia and the commitment of the interdicting such shipments. As a result, the con- United Nations to assist in this regard. tinued heavy flow of arms into Somalia, mostly

YUN05—4th proofs Dec. 24 2007 Africa 347 directed to those elements opposed to the newly audit to ensure that donations were not diverted established Transitional Federal Government to warlords or extremist groups. (temporarily based in Nairobi), posed a serious Communication. By a letter of 8 June to the threat to its peaceful establishment in Somalia. Council [S/2005/390], Yemen annexed a detailed Among the Group’s recommendations were response to all the statements and references, im- the continued monitoring of the arms embargo, plied or otherwise, to the country in the Group’s especially at border crossings and along the So- February report above. It made clear that the mali coastline, which were the linchpins of the reported arms market inside Yemen had ceased embargo violations; updating of the draft list of to exist legally as from the beginning of 2003, violators; and establishing a more formally struc- when it was abolished by the Government and the tured Transitional Federal Government relation- permits granted for its operation were cancelled. ship with the AU, IGAD and possibly the front-line Although the reference to a neighbouring coun- States to facilitate information exchange and co- try’s seaport from which arms shipments were operation. With international and regional offloaded for transport to Somalia was unclear, support, the Transitional Federal Government Yemen pointed out that it had no land borders should be encouraged to take prompt and deci- with Somalia across which weapons might be sive steps to regulate or stop arms sales through transported to that country by land; Yemen was the Bakaaraha market. Increased arms enforce- not among other parties having the capacity to ment and interdiction by the customs, police and carry out such combined sea-and-land activity. security organs of the regional and front-line States should be promoted. The Transitional SECURITY COUNCIL ACTION (March) Federal Government should work with the Inter- On 15March [meeting 5142], the Security Council national Civil Aviation Organization, through the unanimously adopted resolution 1587(2005). Civil Aviation Caretaker Authority for Somalia, The draft [S/2005/160] was prepared in consulta- to enable it to undertake its responsibilities for tions among Council members. curtailing the transport of arms by air. The Com- The Security Council, mittee on sanctions against Somalia, through the Reaffirming its previous resolutions and the state- Monitoring Group and in collaboration with the ments by its President concerning the situation in So- International Maritime Organization and neigh- malia, in particular resolution 733(1992) of 23 January bouring States, should develop projects for the 1992, which established an embargo on all deliveries of effective control of maritime activities along the weapons and military equipment to Somalia (hereinaf- ter referred to as “the arms embargo”), and resolutions Somali coastline; regional and front-line States 1519(2003) of 16 December 2003 and 1558(2004) of 17 should continue to monitor aggressively aircraft August 2004, movements to and from Somalia, in coordination Welcoming further progress in the process of na- with the Civil Aviation Caretaker Authority; and tional reconciliation in Somalia, and expecting further neighbouring States should enforce the embargo steps by the Transitional Federal Government towards by closely monitoring their common borders and establishing effective national governance in Somalia, regulating the flow of vehicular traffic. Reaffirming the importance of the sovereignty, terri- torial integrity, political independence and unity of The Transitional Federal Government was to Somalia, be encouraged to establish its own customs Commending the efforts of the African Union and border enforcement upon its relocation to Soma- the Intergovernmental Authority on Development in lia, and special operations against illicit cross- support of the Transitional Federal Government, and border arms movement were to be conducted by welcoming the continued support of the African regional customs authorities. The Group recom- Union for reconciliation in Somalia, mended that steps be taken to regulate the pro- Taking note of the report of the Monitoring Group of 14 February 2005, submitted pursuant to para- duction of charcoal and establish adequate legal graph 3 (e ) of resolution 1558(2004), and the observa- financial channels for the revenues derived from tions and recommendations contained therein, its export, without which large sums of money Condemning the continued flow of weapons and am- would continue to be indiscriminately used by munition supplies to and through Somalia, in violation warlords to strengthen their positions in the So- of the arms embargo, and expressing its determina- mali conflict; and that financial and law enforce- tion that violators should be held accountable, ment authorities in countries where counterfeit Reiterating the importance of the implementation of Somali shillings were being printed undertake the arms embargo by Member States and the enhance- ment of the monitoring of the arms embargo in Soma- joint operations to address the practice and the lia through persistent and vigilant investigation into smuggling of such currency into Somalia. Orga- the violations, bearing in mind that strict enforcement nizations giving donations to Somali charities of the arms embargo will improve the overall security and NGOs should reinforce their post-donation situation in Somalia,

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Determining that the situation in Somalia constitutes 4. Also requests the Secretary-General to make the a threat to international peace and security in the re- necessary financial arrangements to support the work gion, of the Monitoring Group; Acting under Chapter VII of the Charter of the 5. Reaffirms paragraphs 4, 5, 7, 8 and 10 of resolu- United Nations, tion 1519(2003); 1. Stresses the obligation of all States to comply fully 6. Requests the Committee, in accordance with its with the measures imposed by resolution 733(1992); mandate and in consultation with the Monitoring 2. Expresses its intention to give the report of the Group and other relevant United Nations entities, to Monitoring Group of 14 February 2005 due consider- consider and recommend to the Council ways to im- ation in order to improve implementation of and com- prove implementation of and compliance with the pliance with the measures imposed by resolution arms embargo, including ways to develop the capacity 733(1992); of States in the region to implement the arms em- bargo, in response to continuing violations; 3. Requests the Secretary-General, in consultation with the Security Council Committee established pur- 7. Also requests the Committee to consider, when ap- suant to resolution 751(1992) concerning Somalia propriate, a visit to Somalia and/or the region by its (hereinafter referred to as “the Committee”), to re- Chairman and those he may designate, as approved by establish within thirty days of the date of the adoption the Committee, to demonstrate the determination of of the present resolution, and for a period of six the Council to give full effect to the arms embargo; months, the Monitoring Group referred to in para- 8. Decides to remain actively seized of the matter. graph 3 of resolution 1558(2004), with the following mandate: On 6 April [S/2005/229], the Secretary-General (a) To continue investigating the implementation of informed the Council that, after consultations the arms embargo by Member States and violations, with the Committee on sanctions against Soma- inter alia, through field-based investigations in Soma- lia, he had re-established the Monitoring Group lia, where possible, and, as appropriate, in other States, and appointed the four experts to constitute its in particular, those in the region; membership. (b) To assess actions taken by Somali authorities, as well as Member States, in particular those in the re- Report of Monitoring Group (October). In gion, to implement fully the arms embargo; accordance with the foregoing Security Council (c) To make specific recommendations based on de- resolution, the Monitoring Group issued its re- tailed information in relevant areas of expertise re- port on 22 August [S/2005/625], which the Com- lated to violations and measures to give effect to and mittee on sanctions against Somalia transmitted strengthen the implementation of the arms embargo to the Council on 5 October. The Group reported in its various aspects; that the previous six-month period saw a dra- (d) To continue refining and updating information matic and sustained rise in the number of arms on the draft list of those individuals and entities who embargo violations that involved members of the violate the measures implemented by Member States Transitional Federal Government and those of in accordance with resolution 733(1992), inside and outside Somalia, and their active supporters, for possi- the opposition in Mogadishu. The greatly in- ble future measures by the Council, and to present creased arms flows into Somalia reflected the such information to the Committee as and when the ongoing militarization in central and southern Committee deems appropriate; Somalia by the two sides (see p. 346). The opposi- (e) To continue making recommendations based on tion members who committed violations were the its investigations, on the previous reports of the Panel same individuals previously identified by the of Experts appointed pursuant to resolutions 1425 Group as warlords who did not want the estab- (2002) of 22 July 2002 and 1474(2003) of 8 April 2003, lishment in Somalia of a Government that would and on the previous reports of the Monitoring Group appointed pursuant to resolutions 1519(2003) and 1558 infringe or overturn their personal political and (2004); economic vested interests. The Bakaraaha arms (f) To work closely with the Committee on specific market in Mogadishu continued to play a major recommendations for additional measures to improve role as an intermediary for channelling arms to overall compliance with the arms embargo; members of the opposition. States in the region (g) To assist in identifying areas where the capaci- provided direct arms support to both sides as ties of States in the region can be strengthened to facil- well. itate the implementation of the arms embargo; The Group identified two key generators of (h) To provide to the Council, through the Commit- revenue that accrued to certain powerful local tee, a midterm briefing within ninety days of its estab- administrations to help maintain their militias lishment; and purchase arms: the fishing industry, driven (i) To submit to the Council through the Commit- principally by foreign interests with whom local tee, no later than thirty days prior to the termination of its mandate, a final report covering all the tasks set out administrations or faction leaders concluded above, which the Committee will subsequently con- licensing arrangements for the unrestrained ex- sider and convey to the Council prior to the expiration ploitation of marine resources in Somali coastal of its mandate; waters; and the export from Somalia of large

YUN05—4th proofs Dec. 24 2007 Africa 349 commercial quantities of charcoal, which repre- of the arms embargo will improve the overall security sented a considerable source of revenue for situation in Somalia, factions engaged in arms embargo violations. Determining that the situation in Somalia constitutes a threat to international peace and security in the re- Therefore, to reduce the financial capacity of gion, such local administrations to buy arms, the Acting under Chapter VII of the Charter of the Group recommended that the Council consider United Nations, adopting an integrated arms embargo that would 1. Stresses the obligation of all Member States to reaffirm and maintain the existing arms em- comply fully with the measures imposed by resolution bargo on Somalia and include an embargo on the 733(1992); export of Somali charcoal, a ban on foreign ves- 2. Expresses its intention, in the light of the report of sels fishing in Somali waters, and an embargo on the Monitoring Group of 22 August 2005, to consider the export of fish from those waters. specific actions to improve implementation of and compliance with the measures imposed by resolution 733(1992); SECURITY COUNCIL ACTION (October) 3. Decides to request the Secretary-General, in con- On 14October [meeting 5280], the Security Coun- sultation with the Security Council Committee estab- cil unanimously adopted resolution 1630(2005). lished pursuant to resolution 751(1992) (hereinafter re- The draft [S/2005/646] was prepared in consulta- ferred to as “the Committee”), to re-establish within tions among Council members. thirty days of the date of adoption of the present reso- lution, and for a period of six months, the Monitoring The Security Council, Group referred to in paragraph 3 of resolution 1558 Reaffirming its previous resolutions and the state- (2004), with the following mandate: ments by its President concerning the situation in So- (a) To continue the tasks outlined in paragraphs 3 malia, in particular resolution 733(1992) of 23 January (a) to (c) of resolution 1587(2005); 1992, which established an embargo on all deliveries of (b) To continue to investigate, in coordination with weapons and military equipment to Somalia (hereinaf- relevant international agencies, all activities, including ter referred to as “the arms embargo”), and resolutions in the financial, maritime and other sectors, which 1519(2003) of 16 December 2003, 1558(2004) of 17 Au- generate revenues used to commit arms embargo vio- gust 2004 and 1587(2005) of 15 March 2005, lations; Reaffirming also the importance of the sovereignty, (c) To continue to investigate any means of trans- territorial integrity, political independence and unity port, routes, seaports, airports and other facilities used of Somalia, in connection with arms embargo violations; Reiterating the urgent need for all Somali leaders to (d) To continue refining and updating information take tangible steps to begin political dialogue, on the draft list of those individuals and entities who Reaffirming its strong support for the leadership of the violate the measures implemented by Member States Special Representative of the Secretary-General for in accordance with resolution 733(1992), inside and Somalia in his efforts at fostering inclusive dialogue, outside Somalia, and their active supporters, for possi- particularly through his road map for dialogue among ble future measures by the Council, and to present the leaders of the transitional federal institutions, such information to the Committee as and when the Stressing the need for the transitional federal institu- Committee deems appropriate; tions to continue working towards establishing effec- (e) To continue making recommendations based on tive national governance in Somalia, its investigations, on the previous reports of the Panel Commending the efforts of the African Union and of Experts appointed pursuant to resolutions 1425 the Intergovernmental Authority on Development in (2002) of 22 July 2002 and 1474(2003) of 8 April 2003, support of the transitional federal institutions, and and on the previous reports of the Monitoring Group welcoming the continued support of the African appointed pursuant to resolutions 1519(2003), 1558 Union for national reconciliation in Somalia, (2004)and 1587(2005); Taking note of the report of the Monitoring Group of (f) To work closely with the Committee on specific 22 August 2005, submitted pursuant to paragraph 3 (i) recommendations for additional measures to improve of resolution 1587(2005)and the observations and rec- overall compliance with the arms embargo; ommendations contained therein, (g) To assist in identifying areas where the capaci- Condemning the significant increase in the flow of ties of States in the region can be strengthened to facil- weapons and ammunition supplies to and through So- itate the implementation of the arms embargo; malia, which constitutes a violation of the arms em- (h) To provide to the Council, through the Commit- bargo and a serious threat to the Somali peace process, tee, a midterm briefing within ninety days of its estab- Reiterating its insistence that all Member States, in lishment; particular those in the region, should refrain from any (i) To submit, through the Committee, for consider- action in contravention of the arms embargo and ation by the Council, a final report covering all the should take all necessary steps to hold violators ac- tasks set out above, no later than fifteen days prior to countable, the termination of the mandate of the Monitoring Reiterating and underscoring the importance of en- Group; hancing the monitoring of the arms embargo in Soma- 4. Requests the Secretary-General to make the nec- lia through persistent and vigilant investigation into essary financial arrangements to support the work of the violations, bearing in mind that strict enforcement the Monitoring Group;

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5. Reaffirms paragraphs 4, 5, 7, 8 and 10 of resolu- Agreement on Cessation of Hostilities and Com- tion 1519(2003); prehensive Peace Agreement, both signed in 6. Requests the Committee, in accordance with its Algiers (the Algiers Agreements), which regu- mandate and in consultation with the Monitoring Group and other relevant United Nations entities, to lated their border dispute that had led to armed consider and recommend to the Council ways to im- conflict in 1998 and subsequent intermittent prove implementation of and compliance with the fighting. The United Nations Mission in Ethio- arms embargo, in response to continuing violations; pia and Eritrea (UNMEE), established in 2000, 7. Also requests the Committee to consider, when ap- continued to monitor the border region desig- propriate, a visit to Somalia and/or the region by its nated as the Temporary Security Zone and to Chairman and those he may designate, as approved by support the work of the five-member Eritrea- the Committee, to demonstrate the determination of Ethiopia Boundary Commission, the neutral the Council to give full effect to the arms embargo; 8. Decides to remain actively seized of the matter. body mandated under the terms of the Peace Agreement to delimit and demarcate the colonial As requested, the Secretary-General advised treaty border. the Council on 2 November [S/2005/695] that, after During the year, the Boundary Commission at- consultations with the Committee on sanctions tempted but failed to advance its demarcation ac- against Somalia, he had re-established the Moni- tivities, stalled in 2003, following the rejection by toring Group and appointed the four experts to Ethiopia of significant parts of the Commission’s constitute its membership. 2002 final and binding delimitation decision, Report of Committee on sanctions. In accord- previously accepted by both parties. Ethiopia ance with a 1995 Security Council note, the declined to attend a meeting called by the Com- Chairman of the Committee on sanctions against mission and remained firm in its insistence on Somalia transmitted the annual report of the preconditions for the implementation of the de- Committee [S/2005/813] summarizing its activities marcation in the form of procedural impedi- during 2005. The Committee held nine informal ments, whereas Eritrea insisted on adherence to and three formal meetings. At the informal meet- the delimitation decision. In view of the impasse, ings, it met separately with representatives of the Commission decided in May to suspend activ- Somalia’s neighbouring countries: Ethiopia, ities and close its field offices; it expressed readi- Eritrea and Kenya; discussed actions to follow up ness to proceed with and complete the demarca- the meetings with those countries; met with the tion process whenever circumstances permitted. members of the Monitoring Group; discussed Ethiopia continued to reinforce its troop build- the AU communiqué of 12 May [S/2005/315] seek- up close to the southern boundary of the Zone, ing exemption from the arms embargo for the begun at the end of the previous year, while proposed AU/IGAD peace support mission so as to Eritrea continued to conduct military exercises allow it to bring military equipment to Somalia north of it. UNMEE had successfully maintained (see p. 341); and heard a briefing by the Chair- the integrity of the Zone, despite restrictions im- man on his visit to Kenya, Ethiopia and Yemen posed by both parties on its freedom of move- (26 November–4 December), as requested by ment. However, Eritrea imposed additional op- Council resolution 1630(2005). Discussions at the erational and administrative restrictions and, in formal meetings concerned the findings and October, banned all UNMEE helicopter flights recommendations of the Group as contained in within its airspace, thus severely inhibiting its two reports. UNMEE capacity to implement its monitoring The Committee’s strong support for the work mandate. The fact-finding mission dispatched by of the Monitoring Group, its active dialogue with the Security Council to the region in November and engagement of Somalia’s neighbouring to assess the situation involving UNMEE resulted States, and the Chairman’s recent visit to the re- in Council resolution 1640(2005) demanding gion were evidence of its firm commitment to that the parties immediately return to the 16 De- further strengthen the arms embargo on Soma- cember 2004 levels of deployment, that Ethiopia lia. As in the past, the Committee continued to accept fully the Commission’s delimitation deci- rely on the cooperation of States and organiza- sion, and that Eritrea immediately reverse all tions in a position to provide information on restrictions imposed on UNMEE operations. Ethi- violations of the arms embargo. opia complied with the demand on troop rede- ployment; Eritrea maintained it had no troops to redeploy. The other demands of the resolution Eritrea–Ethiopia remained unfulfilled by year’s end. The United Nations, in 2005, maintained its Eritrea, instead of reversing its restrictions, presence in Eritrea and Ethiopia in order to assist asked that UNMEE staff of certain nationalities the countries in the implementation of their 2000 leave the country with effect from 6 December.

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On 14 December, the Council, in consultation latter succeeded Cheikh-Tidiane Gaye (Senegal), with the Secretary-General, agreed to tempo- who had left the Mission area earlier in the year. rarily relocate UNMEE civilian and military staff to Ethiopia; it intended to maintain the military Financing presence of the Mission in Eritrea during its re- At its resumed fifty-ninth session, the General view of future plans for the Mission, whose man- Assembly considered the Secretary-General’s date had been extended until 15 March 2006. performance report on the budget of UNMEE for 1 July 2003 to 30 June 2004 [A/59/616] showing UNMEE expenditures totalling $183,600,200 out of an The United Nations Mission in Ethiopia and apportionment of $188,400,000, a variance of Eritrea (UNMEE), established by Security Council $4,799,800, or 2.5 per cent; the proposed UNMEE resolution 1312(2000) [YUN 2000, p. 174], continued budget for 1 July 2005 to 30 June 2006 [A/59/636 & in 2005 to monitor and verify implementation of Corr.1], amounting to $176,716,200; and the re- the June 2000 Agreement on Cessation of Hostil- lated report of ACABQ [A/59/736/Add. 10]. ities between Ethiopia and Eritrea [ibid., p. 173]. Its core operations, as revised by resolutions 1320 GENERAL ASSEMBLY ACTION (2000) [ibid., p. 176] and 1430(2002) [YUN 2002, p. 189], On 22 June [meeting 104], the General Assembly, were devoted to observation, reporting, analysis, on the recommendation of the Fifth Committee identification of potential flashpoints and pre- [A/59/833], adopted resolution 59/303 without ventive action, chairing the Military Coordina- vote [agenda item 130]. tion Commission and assisting the Boundary Financing of the United Nations Mission Commission (see below). The area under con- in Ethiopia and Eritrea stant monitoring was within and around the The General Assembly, Temporary Security Zone, a 25-kilometre-wide Having considered the reports of the Secretary- buffer zone separating Eritrea and Ethiopia, General on the financing of the United Nations Mis- which for operational purposes, was divided into sion in Ethiopia and Eritrea and the related reports of Sector West, Sector Centre and Sub-Sector East the Advisory Committee on Administrative and Bud- getary Questions, (formerly Sector East). UNMEE was headquart- Bearing in mind Security Council resolution ered in Addis Ababa and Asmara and maintained 1312(2000) of 31 July 2000, by which the Council estab- an office in Adigrat, Ethiopia. lished the United Nations Mission in Ethiopia and In accordance with resolution 1560(2004) Eritrea, and the subsequent resolutions by which the [YUN 2004, p. 270], which approved the two-phased Council extended the mandate of the Mission, the lat- adjustments to the configuration of the Mission, est of which was resolution 1586(2005) of 14 March 2005, as proposed by the Secretary-General [ibid., p. 269], Recalling its resolution 55/237 of 23 December 2000 the Mission’s operations were streamlined begin- on the financing of the Mission and its subsequent res- ning in December 2004 and completed by the olutions thereon, the latest of which was resolution end of January 2005. Its force was reduced from 58/302 of 18 June 2004, three to two battalions, and the former Sector Reaffirming the general principles underlying the East was reorganized into the new Sub-Sector financing of United Nations peacekeeping operations, East under the operational command of Sector as stated in General Assembly resolutions 1874(S-IV) Centre. of 27 June 1963, 3101(XXVIII) of 11 December 1973 and 55/235 of 23 December 2000, On the recommendation of the Secretary- Noting with appreciation that voluntary contributions General, the Council extended the mandate of have been made to the Mission, UNMEE twice during the year, each for a six- Mindful of the fact that it is essential to provide the month period: the first time until 15 September Mission with the necessary financial resources to en- 2005 and the second until 15 March 2006. able it to fulfil its responsibilities under the relevant resolutions of the Security Council, Appointments. The Special Representative of 1. Requests the Secretary-General to entrust the the Secretary-General for Eritrea and Ethiopia, Head of Mission with the task of formulating future Legwaila Joseph Legwaila (Botswana), who had budget proposals in full accordance with the provi- headed UNMEE since 2000, was assisted by two sions of General Assembly resolution 59/296 of 22 Deputy Special Representatives appointed by the June 2005, as well as other relevant resolutions; Secretary-General in 2005: Joël W. Adechi 2. Takes note of the status of contributions to the United Nations Mission in Ethiopia and Eritrea as at (Benin), on 25 May [SG/A/925-AFR/1171], who was 15 April 2005, including the contributions outstanding to take up his duties in the Eritrean capital, in the amount of 18.9 million United States dollars, Asmara, in early June; and Azouz Ennifar (Tuni- representing some 2 per cent of the total assessed con- sia), on 29 July [SG/A/936-AFR/1222], who was to be tributions, notes with concern that only thirty-one based in the Ethiopian capital, Addis Ababa. The Member States have paid their assessed contributions

YUN05—4th proofs Dec. 24 2007 352 Political and security questions in full, and urges all other Member States, in particu- levels updated in General Assembly resolution 58/256 lar those in arrears, to ensure payment of their out- of 23 December 2003, and taking into account the scale standing assessed contributions; of assessments for 2005, as set out in its resolution 3. Expresses its appreciation to those Member States 58/1 B of 23 December 2003; which have paid their assessed contributions in full, 16. Decides further that, in accordance with the pro- and urges all other Member States to make every possi- visions of its resolution 973(X) of 15 December 1955, ble effort to ensure payment of their assessed contribu- there shall be set off against the apportionment among tions to the Mission in full; Member States, as provided for in paragraph 15 above, 4. Expresses concern at the financial situation with their respective share in the Tax Equalization Fund of regard to peacekeeping activities, in particular as re- 1,186,104 dollars, comprising the estimated staff as- gards the reimbursements to troop contributors that sessment income of 932,812 dollars approved for the bear additional burdens owing to overdue payments Mission, the prorated share of 224,625 dollars of the by Member States of their assessments; estimated staff assessment income approved for the 5. Also expresses concern at the delay experienced by support account, and the prorated share of 28,667 dol- the Secretary-General in deploying and providing ade- lars of the estimated staff assessment income approved quate resources to some recent peacekeeping missions, for the United Nations Logistics Base; in particular those in Africa; 17. Decides to apportion among Member States the 6. Emphasizes that all future and existing peace- amount of 147,244,696 dollars for the period from 16 keeping missions shall be given equal and non- September 2005 to 30 June 2006 at a monthly rate of discriminatory treatment in respect of financial and 15,499,441 dollars, in accordance with the levels up- administrative arrangements; dated in General Assembly resolution 58/256, and tak- 7. Also emphasizes that all peacekeeping missions ing into account the scale of assessments for 2005 and shall be provided with adequate resources for the 2006, as set out in its resolution 58/1 B, subject to a de- effective and efficient discharge of their respective cision of the Security Council to extend the mandate mandates; of the Mission; 8. Reiterates its request to the Secretary-General to 18. Decides also that, in accordance with the provi- make the fullest possible use of facilities and equip- sions of its resolution 973(X), there shall be set off ment at the United Nations Logistics Base at Brindisi, against the apportionment among Member States, as Italy, in order to minimize the costs of procurement for provided for in paragraph 17 above, their respective the Mission; share in the Tax Equalization Fund of 4,507,196 dol- 9. Endorses the conclusions and recommendations lars, comprising the estimated staff assessment income contained in the report of the Advisory Committee on of 3,544,688 dollars approved for the Mission, the pro- Administrative and Budgetary Questions, and requests rated share of 853,575 dollars of the estimated staff as- the Secretary-General to ensure their full implementa- sessment income approved for the support account tion; and the prorated share of 108,933 dollars of the esti- 10. Requests the Secretary-General to ensure the mated staff assessment income approved for the full implementation of the relevant provisions of its United Nations Logistics Base; resolution 59/296; 19 . Decides further that for Member States that have 11. Also requests the Secretary-General to take all fulfilled their financial obligations to the Mission, necessary action to ensure that the Mission is adminis- there shall be set off against their apportionment, as tered with a maximum of efficiency and economy; provided for in paragraph 15 above, their respective 12. Further requests the Secretary-General, in order share of the unencumbered balance and other income to reduce the cost of employing General Service staff, in the total amount of 20,184,500 dollars in respect of to continue efforts to recruit local staff for the Mission the financial period ended 30 June 2004, in accord- against General Service posts, commensurate with the ance with the levels updated in General Assembly reso- requirements of the Mission; lution 58/256, and taking into account the scale of as- Financial performance report sessments for 2004, as set out in its resolution 58/1 B; for the period from 1 July 2003 to 30 June 2004 20. Decides that, for Member States that have not 13 . Takes note of the report of the Secretary-General fulfilled their financial obligations to the Mission, on the financial performance of the Mission for the pe- there shall be set off against their outstanding obliga- riod from 1 July 2003 to 30 June 2004; tions their respective share of the unencumbered bal- ance and other income in the total amount of Budget estimates for the period 20,184,500 dollars in respect of the financial period from 1 July 2005 to 30 June 2006 ended 30 June 2004, in accordance with the scheme set 14 . Decides to appropriate to the Special Account for out in paragraph 19 above; the United Nations Mission in Ethiopia and Eritrea 21. Decides also that the increase of 744,800 dollars the amount of 185,993,300 dollars for the period from in the estimated staff assessment income in respect of 1 July 2005 to 30 June 2006, inclusive of 176,664,400 the financial period ended 30 June 2004 shall be dollars for the maintenance of the Mission, 7,628,200 added to the credits from the amount referred to in dollars for the support account for peacekeeping oper- paragraphs 19 and 20 above; ations and 1,700,700 dollars for the United Nations Lo- 22. Emphasizes that no peacekeeping operation gistics Base; shall be financed by borrowing funds from other active Financing of the appropriation peacekeeping operations; 15. Decides also to apportion among Member States 23. Encourages the Secretary-General to continue to the amount of 38,748,604 dollars for the period from take additional measures to ensure the safety and secu- 1 July to 15 September 2005, in accordance with the rity of all personnel under the auspices of the United

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Nations participating in peacekeeping operations, continued closure of the Asmara-Keren-Barentu bearing in mind paragraphs 5 and 6 of Security Coun- road—the best supply route for UN troops in Sec- cil resolution 1502(2003) of 26 August 2003; tor West—constituted a major impediment to 24. Invites voluntary contributions to the Mission UNMEE operations, although it was reopened in cash and in the form of services and supplies accept- able to the Secretary-General, to be administered, as briefly from 12 to 26 January to facilitate the appropriate, in accordance with the procedure and rotation of the Jordanian battalion. Moreover, practices established by the General Assembly; Eritrea’s position in denying UNMEE a direct 25. Decides to include in the provisional agenda of flight route between the capitals of both coun- its sixtieth session the item entitled “Financing of the tries remained unchanged; UNMEE aircraft thus United Nations Mission in Ethiopia and Eritrea”. continued to fly via Djibouti, resulting in addi- tional costs and work hours, and increased risk to The Secretary-General submitted on 22 and 28 staff safety and security. On the Ethiopian side of December, respectively, the performance report the Zone, restrictions were also encountered, on the UNMEE budget for 1 July 2004 to 30 June especially in Sub-Sector East. 2005 [A/60/615] and the UNMEE budget for 1 July The UNMEE Mine Action Coordination Centre 2006 to 30 June 2007 [A/60/636 & Corr.1]. continued to provide support for the mainte- nance of a well-coordinated mine action response Implementation of Algiers Agreements within the Zone and nearby areas, where land- Report of Secretary-General (March). The mines and unexploded ordnance posed a major Secretary-General, in his March report [S/2005/ danger and thus an obstacle to the resettlement 142] updating developments in the peace process there of the populations of both countries. Dur- to which Ethiopia and Eritrea were committed ing the reporting period, the Centre’s field teams under the terms of the 2000 Algiers Agreements, provided mine-risk education, assistance and ad- stated that, since his last report [YUN 2004, p. 272], vice to almost 4,000 people. Three people were Ethiopia had been steadily massing troops to- reported killed and 11injured resulting from five wards the southern boundary of the Temporary accidental mine/ordnance explosions, three in Security Zone. UNMEE confirmed the deploy- Sector Centre and two in Sector West. ment of six to seven additional divisions at points The overall humanitarian situation in Eritrea ranging from 25 to 45 kilometres from that continued to deteriorate. Successive years of boundary, and training exercises and troop drought and existing economic policies had so movements in Sector West. While Ethiopia de- seriously undermined crop and livestock produc- scribed those activities as part of a reorganization tion that about two thirds of the population re- of its armed forces to improve its defence capa- quired varying levels of food assistance through- bility, Eritrea regarded them as provocative. No out the year. Some 19,000 internally displaced significant movement of the Eritrean Defence persons who had recently returned to the Zone Forces had been observed, however, except for required social services and sustainable reinte- some adjustments in areas near the Zone to cover gration. In Ethiopia, the 2005 joint humanitarian the main roads linking both countries. appeal was launched in December 2004 (see Concerned about a consequent rise in tensions p. 1032), just as the Government embarked on its along the parties’ common border, the Secretary- Productive Safety Nets Programme. Despite the General appealed to Ethiopia to redeploy its previous year’s reported bumper harvest, large troops in order to reinstate the situation obtain- areas of the country remained severely affected ing prior to 16 December 2004.With Ethiopia’s by drought and food insecurity. troop build-up and hostile rhetoric from the two UNMEE implemented numerous small-scale, parties, the continuing threat to military stability quick-impact projects for safe water, sanitation, due to the lack of progress in the Ethiopia-Eritrea and health and education services, with funding peace process remained. Nonetheless, both gen- through the Trust Fund to Support the Peace Pro- erally cooperated with UNMEE, thus enabling it cess in Ethiopia and Eritrea. It regularly moni- to maintain the integrity of the Zone. tored the situation of the more than 8,000 The Military Coordination Commission, at its Eritrean refugees in the Shimelba camp, near twenty-eighth meeting (Nairobi, 17 January), re- Shiraro in Ethiopia, who faced critical humanita- viewed the functioning of the sector-level mili- rian needs; monitored the human rights situa- tary coordination commissions and discussed the tion within the Zone, investigating border cross- Ethiopian troop deployment and its potential ings and abduction of minors; undertook impact on the peace process. preliminary needs assessments in Ethiopia for Restrictions on UNMEE’s freedom of move- technical cooperation projects to assist in ment in areas adjacent to the Zone had been re- capacity-building efforts in human rights, and duced to some extent by Eritrea. However, its planned to do the same in Eritrea; and regularly

YUN05—4th proofs Dec. 24 2007 354 Political and security questions conducted human rights promotional and by the Commission to lie on the Eritrean side of training activities for target groups in both the boundary, and parts of Sector Centre) in a countries. just and legal manner—for the completion of de- The Secretary-General reiterated his appeal to marcation in the Eastern Sector, unless there was Ethiopia and Eritrea to refrain from any action at the same time a clear assurance from Ethiopia that could jeopardize the fragile and relative sta- that the rest of the boundary would also be de- bility that had so far prevailed in the Zone, as well marcated. Ethiopia, on the other hand, was not as the importance for both countries to accept de- prepared to allow demarcation to continue in the marcation of the boundary in accordance with manner laid down in the demarcation directions the Boundary Commission’s instructions (see be- and in the timeline set by the Commission. While low). He suggested that the Council might find it insisting on prior dialogue, Ethiopia had rejected opportune to reaffirm and demonstrate its 2002 the opportunity for such dialogue within the commitment to support the peace process [YUN framework of the demarcation process provided 2002, p. 184] by returning to visit the two countries. by the Commission in its 26 January letter. That, He again appealed to Eritrea to cooperate with the Commission said, was the latest in a series of his Special Envoy for Ethiopia and Eritrea, Lloyd obstructive actions taken since the summer of Axworthy (Canada), to enable him to facilitate 2002 and belied the frequently professed implementation of the Algiers Agreements and acceptance by Ethiopia of the delimitation the 13 April 2002 delimitation decision of the decision. Commission [ibid., p. 187]. In view of the situation, the Commission said it The Secretary-General, affirming the stabiliz- was taking immediate steps to close its field of- ing role of UNMEE in the Ethiopia-Eritrea con- fices; they could be reactivated, if Ethiopia aban- flict, recommended that its mandate be extended doned its insistence on preconditions for the until 15 September 2005. implementation of the demarcation. The Com- Boundary Commission (February). The six- mission remained ready to proceed with and teenth report of the Boundary Commission complete the demarcation process whenever [S/2005/142, annex I], issued in February and cover- circumstances permitted. ing its activities from 15 December 2004 to 28 February 2005, stated that, despite its efforts, it SECURITY COUNCIL ACTION (March) had not been able to secure a resumption of the On 14March [meeting 5139], the Security Council demarcation process, stalled since the Commis- unanimously adopted resolution 1586(2005). sion’s eleventh (2003) report [YUN 2003, p. 241]. The draft [S/2005/157] was prepared in consulta- By a 26 January letter to Ethiopia and Eritrea, tions among Council members. the Commission, stating the imperative of being enabled to continue and complete its mission, The Security Council, - Reaffirming all its previous resolutions and state- called on both parties to assist it to that end with ments pertaining to the situation between Ethiopia out any preconditions, and provided a frame- and Eritrea, and the requirements contained therein, work of specific steps that needed to be taken. including in particular resolution 1560(2004) of 14 The Commission subsequently invited the par- September 2004, ties to meet with it in London on 22 February. Stressing its unwavering commitment to the peace pro- Since the invitation was accepted only by Eritrea cess, including through the role played by the United and not by Ethiopia, the Commission cancelled Nations Mission in Ethiopia and Eritrea, and to the that meeting but held its own meeting on that full and expeditious implementation of the compre- date. The Commission outlined the principal de- hensive Peace Agreement signed on 12 December 2000 at Algiers by the Governments of Ethiopia and Eritrea velopments that had led to the current impasse (hereinafter referred to as “the parties”) and the pre- and identified the conduct that had prevented it ceding Agreement on Cessation of Hostilities signed from completing its mandate. on 18 June 2000 (“the Algiers Agreements”), and the In summary, the Commission said it found it- delimitation decision of the Eritrea-Ethiopia Bound- self confronted by the situation whereby Eritrea ary Commission of 13 April 2002, embraced by the was insisting on adherence to the Commission’s parties as final and binding in accordance with the Algiers Agreements, 13 April 2002 delimitation decision [YUN 2002, Welcoming the Secretary-General’s determination p. 187]. It was willing to meet with the Commission that the Mission has been able to maintain the integrity and Ethiopia to discuss the unconditional re- of the Temporary Security Zone, newal of the demarcation process, but was not Expressing concern regarding the recent high concen- prepared to accept Ethiopia’s 2003 proposal [YUN tration of Ethiopian troops in the areas adjacent to the 2003, p. 240]—that the Security Council set up an al- Temporary Security Zone, ternative mechanism to demarcate the contested Recalling that lasting peace between Ethiopia and parts of the boundary (principally Badme, found Eritrea, as well as in the region, cannot be achieved

YUN05—4th proofs Dec. 24 2007 Africa 355 without the full demarcation of the border between to proceed expeditiously, including through the com- the parties, plete appointment by Ethiopia of its field liaison Seriously concerned with the decision of the Bound- officers; ary Commission to take immediate steps to close down 7. Calls upon Ethiopia without preconditions to its field offices, due to the lack of progress made in the start the implementation of demarcation, by taking the demarcation of the border, as reflected in the six- necessary steps to enable the Boundary Commission to teenth report on the work of the Commission, of 24 demarcate the border completely and promptly; February 2005, 8. Expresses its concern at the worsening humanita- Expressing its concern about Ethiopia’s ongoing rejec- rian situation in Ethiopia and Eritrea and the implica- tion of significant parts of the decision of the Bound- tions this could have for the peace process, and calls ary Commission and its current lack of cooperation upon Member States to continue to provide prompt with the Commission, including the refusal to partici- and generous support for humanitarian operations in pate in the meeting of 22 February 2005, Ethiopia and Eritrea; Expressing its disappointment about the continuing re- 9. Reiterates its full support for the Special Envoy of fusal of Eritrea to engage with the Special Envoy of the the Secretary-General for Ethiopia and Eritrea, Mr. Secretary-General for Ethiopia and Eritrea, whose Lloyd Axworthy, in his efforts to facilitate the imple- good offices represent a concrete opportunity for both mentation of the Algiers Agreements, the decision of parties to move the peace process forward, the Boundary Commission and the normalization of Recalling the recent increase in United Nations diplomatic relations between the two countries peacekeeping activities and the need to allocate peace- through his good offices, and emphasizes that this ap- keeping resources in the most effective manner, and pointment does not constitute an alternative mecha- recalling in this regard the additional burden caused nism; by the delays in the demarcation process, 10. Calls upon Eritrea to accept the good offices of Welcoming Eritrea’s unconditional acceptance of the the Secretary-General and cooperate with his Special decision of the Boundary Commission, Envoy; Welcoming also Ethiopia’s five-point peace proposal 11. Calls upon the witnesses to the Algiers Agree- of 25 November 2004, ments to play a more concerted and active role to facili- Having considered the report of the Secretary- tate their full implementation; General of 7 March 2005, and welcoming the observa- 12. Decides to continue monitoring closely the steps tions made therein, taken by the parties in the implementation of their 1. Decides to extend the present mandate of the commitments under the relevant resolutions of the Se- United Nations Mission in Ethiopia and Eritrea until curity Council and under the Algiers Agreements, in- 15 September 2005; cluding through the Boundary Commission, and to re- 2. Calls upon the parties to refrain from any in- view any implications for the Mission; crease of troops in the areas adjacent to the Temporary 13 . Requests the Secretary-General to continue to Security Zone, to give serious consideration to return- monitor the situation closely, to review the mission’s ing to the 16 December 2004 levels of deployment and, mandate in the light of progress made in the peace more generally, to refrain from any threat of use of process and changes made to the Mission; force against each other; 14 . Decides to remain actively seized of the matter. 3. Also calls upon the parties to cooperate fully and expeditiously with the Mission in the implementation Report of Secretary-General (June). In his 20 of its mandate, to ensure the security of all staff of the June report [S/2005/400], the Secretary-General Mission, and to remove immediately and uncondition- noted that Ethiopia maintained its troop deploy- ally all restrictions on and impediments to the work ment close to the southern boundary of the Tem- and to the full and free movement of the Mission and its staff; porary Security Zone and that Eritrea remained 4. Takes note of positive developments in some areas engaged in military training exercises nearby. In of relations between the Mission and the parties, in this a demonstration of transparency, Ethiopia gave regard urges Eritrea to take immediate steps, in con- UNMEE details of its current military positions, sultation with the Mission, towards implementing the while Eritrea escorted the Force Commander to direct flights between Addis Ababa and Asmara, and its operational locations in Sub-Sector East and also calls upon Eritrea to reopen the Asmara to Sector West. In addition to the usual cross-border Barentu road; incursions involving livestock rustling and indi- 5. Stresses that Ethiopia and Eritrea have the pri- mary responsibility for the implementation of the Al- vidual strayings into the Zone, three shooting in- giers Agreements and the decision of the Eritrea-Ethi- cidents occurred in Sector West, allegedly be- opia Boundary Commission, and calls upon the tween armed Ethiopians and Eritrean militia, on parties to show political leadership to achieve a full 9, 11and 26 April, which resulted in the deaths of normalization of their relationship, including through four Ethiopians and one Eritrean militiaman. political dialogue for the adoption of further confi- Those incidents notwithstanding, UNMEE was dence-building measures and to consolidate progress able to maintain the integrity of the Zone. achieved so far, by making full use of the existing framework of the Commission; UNMEE ground patrols operating on the 6. Reiterates its call upon the parties to cooperate Eritrean side adjacent to the Zone continued to fully and promptly with the Boundary Commission encounter restrictions. Its personnel had also and to create the necessary conditions for demarcation been subjected to unwarranted arrests and deten-

YUN05—4th proofs Dec. 24 2007 356 Political and security questions tion by Eritrean authorities, who had moreover their forward positions to the south of the Zone imposed restrictions on the military police con- and Eritrea’s military exercises continued. tingent in Asmara, in contravention of the 1946 Improved cooperation by Ethiopia and Eritrea Convention on the Privileges and Immunities of with UNMEE resulted in a decline in the restric- the United Nations [YUN 1946-47, p. 100, GA res. tions imposed by both parties on the Mission’s 179 A (I), annex, 13 Feb. 1946], and of the model status- freedom of movement. The Asmara-Keren- of-forces agreement in force between the United Barentu road remained closed, however, with no Nations and the Government of Eritrea. indication from Eritrea as to when it would re- The Military Coordination Commission, at its open. Eritrea’s continuing restrictions on UNMEE twenty-ninth and thirtieth meetings (Nairobi, 25 police in Asmara, preventing the Italian contin- March and 11May), discussed the prevailing mil- gent from resuming its activities there led to the itary situation, the cross-border incidents and contingent’s withdrawal in July. Kenyan military existing restrictions on UNMEE’s freedom of police were to take over and deploy as early as movement. possible. As to the long-standing request for a The Secretary-General noted that the national direct flight route between Asmara and Addis and regional elections held in Ethiopia on 15May Ababa, although Ethiopia had agreed to allow were generally peaceful. The elections were mon- UN aircraft to fly directly from Addis Ababa to itored by more than 300 foreign observers and Asmara, UNMEE had yet to receive a positive were covered by over 800 accredited national and response from the authorities in Asmara. international journalists. The delay in announc- At the thirty-first meeting of the Military Co- ing the final vote counts resulted in some demon- ordination Commission (Nairobi, 16 July), the strations, however, in which a number of demon- Eritrean and Ethiopian delegates, in addition to strators were shot and killed by security forces. discussing the current military situation and The period from March through May saw functioning of the sector military coordination eight incidents of mine or unexploded ordnance commissions, reiterated their willingness to co- within the Zone that killed one person in Sector operate fully with UNMEE to resolve outstanding Centre and injured eight others in Sector West, issues relating to the maintenance of the Zone. near the Ethiopian side of which four newly laid From June to mid-August, three accidents mines on certain roads were also discovered. from unexploded ordnance occurred in Sector UNMEE, together with the commercial contrac- West and two in Sector Centre that killed one tors, destroyed eight mines and 704 items of un- child and injured four persons. UNMEE exploded ordnance, and demined 1,385,156 demining assets and commercial contractors de- square metres of land and 457kilometres of road. stroyed 10 mines and 285 pieces of unexploded The Secretary-General expressed concern ordnance, besides clearing 1,079,195 square over the recent shootings in the Zone, which he metres of land and 574 kilometres of road. felt could easily escalate into situations that UNMEE continued to work with commercial con- would compromise military stability, as well as tractors to implement an integrated approach to the continuing stalemate in the peace process, demining operations inside the Zone focusing on which he considered unsustainable in the long minefields in the Shilalo region of Eritrea, in term. He said that the attainment of durable Sector West. UNMEE Mine Action Coordination peace between Ethiopia and Eritrea rested Centre provided mine-risk education to 1,978 in- primarily with both of them, and fulfilment of ternally displaced persons returning to that re- that responsibility was a debt they owed to their gion. peoples. In the area of human rights, UNMEE followed Boundary Commission (May). The seven- up cases of cross-border abductions and missing teenth report of the Boundary Commission persons from Ethiopia and Eritrea; monitored [S/2005/400, annex I], issued on 30 May and cover- the repatriation of 298 persons to Ethiopia and ing the period 1 March to 30 May, stated that the 163 to Eritrea under the auspices of the Interna- Commission had suspended all its activities in tional Committee of the Red Cross; visited the area, closed its field offices and terminated Shimelba refugee camp in northern Ethiopia, its staff contracts. For the time being, its field where international aid agencies addressed the assets were in UNMEE’s custody. There had been needs of 9,327 refugees for food, water, sanita- no further demarcation activity. tion, health and education services; and contin- Report of Secretary-General (August). In an ued its technical cooperation activities in Ethiopia, August report [S/2005/553], the Secretary-General including training projects for law enforcement stated that the integrity of the Temporary Secu- officials, civil society organizations and national rity Zone continued to be successfully maintained human rights institutions. The Secretary- by UNMEE, even as Ethiopia’s troops remained in General once again invited Eritrea to assist UNMEE

YUN05—4th proofs Dec. 24 2007 Africa 357 in extending its technical cooperation in human Agreement on Cessation of Hostilities signed on 18 rights work in the country. June 2000 (“the Algiers Agreements”), and the delimi- The Secretary-General, stating that the pro- tation decision of the Eritrea-Ethiopia Boundary Com- mission of 13 April 2002, embraced by the parties as fi- tracted stalemate in the Ethiopia-Eritrea peace nal and binding in accordance with the Algiers process was inherently destabilizing, reiterated Agreements, his strong appeal to the witnesses to the Algiers Stressing that lasting peace between Ethiopia and Agreements—Algeria, the EU, OAU (now the AU), Eritrea, as well as in the region, cannot be achieved the United Nations and the United States— without the full demarcation of the border between especially those with influence on the parties, to the parties, play a more concerted role in assisting them to re- Deeply concernedby the continuing lack of progress in the implementation of the final and binding decision solve the stalemate. He also called on the interna- of the Boundary Commission, and by Ethiopia’s on- tional community to spare no effort in bringing going rejection of significant parts of the decision of the parties together to engage in constructive dia- the Boundary Commission, logue aimed at moving the peace process forward Noting with deep concern the continuing high concen- and normalizing bilateral relations between tration of troops in the areas adjacent to the Tempo- them. rary Security Zone, The Secretary-General recommended that Having considered the report of the Secretary- General, and welcoming the observations made UNMEE ’s mandate be extended for a further six therein, months, until 15 March 2006, and that the Noting that possible options to resolve the stalemate authorized number of its military observers be in the peace process include, when appropriate, a visit increased by 10, to a total of 230, within the to Ethiopia and Eritrea, as suggested by the Secretary- existing authorized strength of 3,404 military General in paragraph 38 of his report, as well as a personnel. Given the progress made in integrat- meeting of the witnesses to the signing of the Algiers ing demining operations in the Mission area, the Agreements, difficulties facing the Eritrean national demining Welcoming the action taken by the Mission to address the issue of sexual exploitation and abuse, particularly programme and of the fact that demining the efforts towards prevention through training, and support to the Eritrea-Ethiopia Boundary Com- also the action taken to address HIV and AIDS, mission remained on hold, the Secretary-General 1. Decides to extend the mandate of the United also recommended that UNMEE assist the parties, Nations Mission in Ethiopia and Eritrea until 15 in continuing cooperation with other interna- March 2006; tional partners in the mine action sector, by pro- 2. Approves the reconfiguration of the military com- viding humanitarian demining assistance, tech- ponent of the Mission, including an increase in the nical advice and coordination in and around the number of military observers by 10, within the existing overall mandated strength of the Mission, and the as- Zone. sistance to the parties in the mine action sector, as rec- Boundary Commission (August). The eigh- ommended by the Secretary-General in paragraphs 11 teenth report of the Boundary Commission and 42 of his report; [S/2005/553/Add.1], issued on 31 August and cover- 3. Calls upon both parties to refrain from any action ing the period 1 June to 31 August, advised that which may lead to an escalation of the tension, and in there had been no change in the demarcation sit- this respect urges both parties to give serious consider- uation since its report of 30 May (see p. 356). ation to returning to the 16 December 2004 levels of deployment and, more generally, to refrain from any threat of use of force against each other; SECURITY COUNCIL ACTION (September) 4. Reaffirms that Ethiopia and Eritrea have the pri- On 13 September [5259], the Security Council mary responsibility for the implementation of the unanimously adopted resolution 1622(2005). Algiers Agreements and the decision of the Eritrea- The draft [S/2005/569] was prepared in consulta- Ethiopia Boundary Commission, by making full use of tions among Council members. the existing framework of the Boundary Commission; 5. Calls upon Ethiopia to accept fully the decision The Security Council, of the Boundary Commission and to enable, without Reaffirming all its previous resolutions and the state- preconditions, the Commission to demarcate the ments by its President pertaining to the situation be- border completely and promptly; tween Ethiopia and Eritrea, and the requirements con- 6. Calls upon the parties to implement completely tained therein, including in particular resolution 1586 and without further delay the decision of the Bound- (2005) of 14 March 2005, ary Commission and to create the necessary conditions Stressing its unwavering commitment to the peace pro- for demarcation to proceed expeditiously; cess, including through the role played by the United 7. Takes note of the continuing improvement in the Nations Mission in Ethiopia and Eritrea, and to the climate of cooperation between the Mission and the full and expeditious implementation of the compre- parties, calls upon both parties to cooperate fully and hensive Peace Agreement signed by the Governments expeditiously with the Mission in the implementation of Ethiopia and Eritrea (hereinafter referred to as the of its mandate, to ensure the security of all the staff of parties) on 12 December 2000 and the preceding the Mission, and to remove immediately and uncondi-

YUN05—4th proofs Dec. 24 2007 358 Political and security questions

tionally all restrictions on and impediments to the space or coming to Eritrea, effective from 5 October work and to the full and free movement of the Mission 2005, which will have serious implications for the and its staff, and in this regard strongly urges Eritrea ability of the Mission to carry out its mandate and for to remove the restrictions on the military police of the the safety of the staff. Mission in Asmara; Recalling all its previous resolutions and the state- 8. Urges Eritrea to take immediate steps, in consul- ments by its President regarding the situation be- tation with the Mission, towards implementing direct tween Ethiopia and Eritrea, the Council emphasizes United Nations flights between Addis Ababa and that the aforementioned decision of the Government Asmara and to reopen the road from Asmara to of Eritrea gravely contravenes the Council’s call Barentu to Mission traffic; upon the parties, in resolution 1312(2000), to provide 9. Calls upon both parties to achieve a full normal- the Mission with the access, assistance, support and ization of their relations, including through political protection required for the performance of its du- dialogue between them for the adoption of further ties, as well as the Agreement on Cessation of Hostil- confidence-building measures and to consolidate pro- ities signed at Algiers on 18 June 2000 by the Gov- gress achieved so far; ernment of the Federal Democratic Republic of 10. Expresses its concern at the ongoing food insecu- Ethiopia and the Government of the State of Eritrea. rity in Ethiopia and Eritrea and its potential to create The Council further underlines the need for im- greater instability, and calls upon Member States to plementation of the decision of the Eritrea-Ethiopia continue to provide generous support for both human- Boundary Commission without further delay,which itarian and development activities to improve food se- will enable the Mission to fulfil its mandate. curity in Ethiopia and Eritrea; The Council reaffirms that both parties bear the 11. Calls upon Eritrea to lift all restrictions imposed primary responsibility for the implementation of the on the operations of aid organizations, to enable them Algiers Agreements and the decision of the Bound- to carry out their humanitarian activities; ary Commission. 12. Decides to continue monitoring closely the steps The Council calls upon the Government of taken by the parties in the implementation of their Eritrea to immediately reverse its decision and to commitments under the relevant resolutions of the Se- provide the Mission with the access, assistance, curity Council and under the Algiers Agreements, in- support and protection required for the perform- cluding through the Boundary Commission, and to re- ance of its duties. It also calls upon both parties to co- view any implications for the Mission; operate fully and expeditiously with the Mission in 13 . Requests the Secretary-General to take the neces- the implementation of its mandate. sary measures to achieve actual compliance in the Mis- The Council also calls upon both parties to show sion with the United Nations zero-tolerance policy on maximum restraint and to refrain from any threat of sexual exploitation and abuse, including the develop- use of force against each other. ment of strategies and appropriate mechanisms to pre- The Council reiterates its call upon both parties to vent, identify and respond to all forms of misconduct, achieve a full normalization of their relations, in- including sexual exploitation and abuse, and the en- cluding through political dialogue between them for hancement of training for personnel to prevent mis- the adoption of further confidence-building meas- conduct and ensure full compliance with the United ures and to consolidate progress achieved so far. Nations code of conduct, also requests the Secretary- General to take all necessary action in accordance with Communications. The Secretary-General in- the Secretary-General’s bulletin on special measures formed the Security Council President on 24 Oc- for protection from sexual exploitation and sexual tober [S/2005/668] that the situation with regard to abuse and to keep the Council informed, and urges UNMEE had seriously deteriorated, stating that troop-contributing countries to take appropriate pre- the current state of affairs constituted a crisis re- ventive action, including conducting predeployment awareness training, and to take disciplinary action and quiring the international community’s full atten- other action to ensure full accountability in cases of tion and urgent and specific action, without such conduct involving their personnel; which the situation could escalate and lead to 14 . Also requests the Secretary-General to continue another round of devastating hostilities. He said to monitor the situation closely, to review the mission’s the Council had been thoroughly briefed on the mandate in the light of progress made in the peace latest turn of events affecting UNMEE, most re- process and changes made to the Mission; cently on 19 October, both in informal consulta- 15. Decides to remain actively seized of the matter. tions and at a special meeting with the troop- contributing countries. Restrictions on UNMEE Underlined at those briefings was Eritrea’s de- On 4 October [meeting 5276], following consulta- cision to restrict all types of UNMEE helicopter tions among Security Council members, the Pres- flights within Eritrean airspace, thus severely in- ident made statement S/PRST/2005/47 on be- hibiting the Mission’s capacity to implement its half of the Council: monitoring mandate, as requested by the parties The Security Council expresses its grave concern in the June 2000 Agreement on Cessation of Hos- at the decision of the Government of Eritrea to re- tilities and authorized by Council resolutions strict all types of United Nations Mission in Ethiopia 1312(2000) and 1320(2000) [YUN 2002, pp. 173, 174, and Eritrea helicopter flights within Eritrean air- 17 6 ] . As such, the decision also seriously affected

YUN05—4th proofs Dec. 24 2007 Africa 359 prospects for the implementation of the Decem- Council instructions to dismantle its illegal settle- ber 2000 comprehensive Peace Agreement be- ments [YUN 2002, p. 189]. Eritrea said it had tween Eritrea and Ethiopia [ibid., p. 180]. In addi- suffered immeasurably from Ethiopia’s occupa- tion, the Eritrean restriction dramatically tion of almost six years, which had held its people affected the security of UN peacekeepers and hostage, condemned them to live in makeshift their operations to the extent that 18 out of 40 ob- camps under traumatic physical and psychologi- servation posts and deployment sites in isolated cal conditions, and hampered Eritrea’s develop- places had become unsustainable and no longer ment objectives, with resultant substantial losses operationally viable. to its economy. At the meeting with the troop-contributing Eritrea further said that the Council’s unwill- countries, India and Jordan expressed alarm at ingness to enforce the rule of law and to ensure the implications of the helicopter ban and other respect for the sovereignty and territorial integ- restrictions, which their Governments regarded rity of a UN Member State had compromised the as unacceptable. They appealed for a strong and Council’s credibility and legal and moral author- unequivocal message from the Council to reverse ity. Eritrea had shown maximum patience and re- the untenable situation. At the same time, Ethio- straint throughout the Ethiopian occupation; the pia stated to the press that members of the measures it was taking to protect its sovereignty Eritrean Defence Force had infiltrated the Tem- and territorial integrity were legal acts of self- porary Security Zone and urged the United defence, recognized as such by the Charter. It Nations to “take measures to restore the status could not be blamed for the grave situation cur- quo”. rently facing the region, and attempts by the The Secretary-General said that he had con- Council to blame it were legally and politically veyed his serious concern about the restrictions to unwarranted. the President of Eritrea, who replied on 20 Octo- Eritrea attached its letters of 2 and 15 March ber that the Council and the Secretary-General 2004: the first reiterated its views on the appoint- had forfeited their “relevance” on matters relat- ment of the Special Envoy for Ethiopia and ing to the peace process. Eritrea [YUN 2004, p. 266], namely,that the appoint- The Secretary-General further expressed con- ment was tantamount to establishing a “new cern over the restrictions on humanitarian oper- mechanism” that would only cause unnecessary ations in Eritrea, including significant delays in complications; the second questioned the actions relief food distributions, the impoundment of of the Special Envoy. UN project vehicles and lack of access to some of Ethiopia, on 31October [S/2005/690], laid out its the UN warehouses and containers. view on what it called Eritrea’s violation of the He called on the Council to exert its maximum Agreement on Cessation of Hostilities between influence to avert a further deterioration of the them. Ethiopia said its opinion of the 2002 delim- situation and to secure the lifting of the restric- itation decision by the Boundary Commission tions. He said it was imperative for the Council to would never change: it was unfair, unjust and in- address the underlying causes of the stalemate in defensible. Ethiopia recalled its repeated state- the peace process, including those relating to the ment that its acceptance of the decision “in prin- Ethiopian position on the delimitation decision ciple” did not mean a return to the drawing of the Boundary Commission. He stood ready to board, nor did it imply the introduction of a pre- work with the Council collectively and with key condition; its request for dialogue on the imple- stakeholders individually to bring the crisis to an mentation of the demarcation was consistent end, to conclude the peace process, and to re- with international demarcation practice. The cri- establish vital humanitarian activities in Eritrea. sis between it and Eritrea did not grow out of Eritrea, on 28 October [S/2005/688], drew atten- their dispute over the boundary,and to claim that tion to what it called the Council’s failure to carry normalization and durable peace could be out its obligations to maintain regional peace and achieved only with the completion of the demar- security under the Charter of the United Nations cation process, would be naive and dishonest; at and the Algiers Agreements. Citing Ethiopia’s the root of the crisis were more weighty issues that repeated obstruction of the work of the Bound- needed to be addressed. It was this conviction that ary Commission, Eritrea claimed those acts were prompted Ethiopia to present its comprehensive condoned by the Council, which took no reme- five-point peace proposal [YUN 2004, p. 271].De- dial action to ensure the rule of law in that re- spite Eritrea’s latest steps to cripple UNMEE and gard. It referred to Ethiopia’s presence in Badme degrade its capacity for monitoring the Zone, and other areas north of the delimitation line as Ethiopia reassured the troop-contributing coun- forcible occupation of sovereign Eritrean terri- tries and the Council that it would continue to tory, and to Ethiopia’s disregard of the 2002 do whatever was humanly possible to support

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UNMEE to fulfil its obligation; it would not allow The Eritrean Director stressed that only the itself to be provoked by Eritrea. full and faithful implementation of the Bound- Fact-finding mission. On 2 November [S/2005/ ary Commission’s decision could resolve the im- 694], the Security Council informed the passe. He criticized the Council for failing to Secretary-General that it had authorized Kenzo compel Ethiopia to accept the border ruling, as Oshima (Japan), in his capacity as Chairman of provided for in the Algiers Agreements, and to the Council’s Working Group on Peacekeeping proceed with demarcation without precondi- Operations, to conduct a fact-finding mission in tions. He rejected the idea of a special envoy, as Ethiopia and Eritrea, from 6 to 9 November, re- well as the expansion of the mandate of the Spe- garding the current situation involving UNMEE. cial Representative of the Secretary-General to include political matters. The Director took note In his report on the mission, transmitted to the of the Council’s concern over the situation, of Council on 16 November [S/2005/723], Mr. Mr. Oshima’s urging for the exercise of maxi- Oshima stated that he had exchanged views with mum restraint, and of the issue of the risks to UNMEE officials and those representing the troop UNMEE personnel resulting from the helicopter contributors, as well as with the Foreign Minister flight ban. The Director pointed out that Ethio- of Ethiopia, in Addis Ababa, on 7 November; and pia’s military build-up was provocative, and that a with the Acting Commissioner of the Military large number of Eritreans living near the border Coordination Commission and the Director of could be affected if armed conflict resumed be- the Office of the President of Eritrea, in Asmara, cause of the Council’s continuing failure to ad- on 8 November. On his way to Asmara, he visited dress the major issue of demarcation. Sub-Sector East headquarters in Assab, Eritrea. Mr. Oshima observed that, to avoid a resump- His discussions with Special Representative tion of hostilities, the Council needed to: give se- Legwaila and briefings from the Force Com- rious attention to the question of how to help mander of UNMEE revealed that the situation was break the stalemate between the two countries; tense and potentially volatile, and could deterio- consider a new resolution strongly urging Eritrea rate further. Ethiopia had been reinforcing its to lift its restrictions, and another urging Ethio- military in areas adjacent to the Zone; Eritrea pia to accept and implement fully the Boundary could be doing the same outside the Zone, which Commission’s decision; and ask the Secretary- UNMEE could not verify owing to the restrictions General and the countries with influence on the imposed on it by Eritrea. The restrictions, espe- two parties to launch a new series of vigorous dip- cially the ban on helicopter flights, had reduced lomatic initiatives to break the stalemate. As the UNMEE’s monitoring capabilities by 60 per cent idea of a special envoy was unacceptable to one of and seriously affected medical evacuations. the parties, diplomatic efforts should continue to UNMEE was concerned that, if the two sides con- engage both to end the crisis; a Council resolu- tinued to strengthen their military postures, a tion in support of those efforts should be care- possible resumption of armed conflict through fully crafted. miscalculation could not be excluded. Troop con- tributing countries were unified in their appeal SECURITY COUNCIL ACTION (November) for the urgent removal of the restrictions. Many On 23 November [meeting 5308], the Security believed that UNMEE’s withdrawal would have Council unanimously adopted resolution 1640 devastating consequences. (2005). The draft [S/2005/732] was prepared in con- The Foreign Minister of Ethiopia reiterated sultations among Council members. his country’s position as set out in his 31 October The Security Council, letter (above). In response to a request for clarifi- Reaffirming all its previous resolutions and the cation of Ethiopia’s acceptance “in principle” of statements by its President pertaining to the situation the Boundary Commission’s delimitation deci- between Eritrea and Ethiopia, and the requirements contained therein, including in particular resolution sion, the Minister stressed that Ethiopia was not 1622(2005) of 13 September 2005 and the statement by asking for partial or total renegotiation of the de- its President of 4 October 2005, cision, but rather for implementation of the deci- Expressing once again its grave concern at the decision sion in a practical rather than in a mechanical of the Government of Eritrea of 4 October 2005 to re- manner, pointing to locations to be reviewed strict all types of United Nations Mission in Ethiopia where Ethiopian and Eritrean communities and Eritrea helicopter flights within Eritrean airspace would be affected. As to the Council’s concern or coming to Eritrea, effective from 5 October 2005, and the additional restrictions on the freedom of over the situation in and around the Zone, he movement of the Mission imposed since then, which stated that Ethiopia would exercise maximum re- have serious implications for the ability of the Mission straint: it would not be the first to fire nor would to carry out its mandate and for the safety of its staff it allow itself to be provoked. and the forces of the troop contributors,

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Alarmed by the implications and potential impact of 6. Expresses its deep appreciation for the contribution the aforementioned decision made and restrictions im- and dedication of the troop-contributing countries to posed by the Government of Eritrea with regard to the the work of the Mission and, in the light of the risk of maintenance of peace and security between Eritrea further deterioration of the situation, appeals to them and Ethiopia, and the principles governing United to persevere in maintaining their presence and contri- Nations peacekeeping operations, bution to the activities of the Mission, despite the im- Reaffirming the integrity of the Temporary Security mense difficulties which they are facing; Zone as provided for in the Agreement on Cessation of 7. Calls upon both parties to work, without precon- Hostilities of 18 June 2000, and recalling the objec- ditions, to break the current stalemate through diplo- tives behind its establishment, matic efforts; Stressing that lasting peace between Eritrea and Ethi- 8. Decides to remain actively seized of the matter. opia, as well as in the region, cannot be achieved with- out the full demarcation of the border between the Communications. Following adoption of the parties, Expressing its grave concern at the Government of foregoing resolution, Eritrea issued a press re- Ethiopia’s failure, to date, to accept without precondi- lease on 24 November [S/2005/737] accusing the tions the implementation of the final and binding de- Security Council of adopting yet another deplor- cision of the Eritrea-Ethiopia Boundary Commission able resolution on the Eritrea-Ethiopia conflict, of 13 April 2002, which was lopsided in favour of Ethiopia. Eritrea Expressing its appreciation to Ambassador Kenzo recounted Ethiopia’s repeated violations of the Oshima for his visit to Ethiopia and Eritrea from 6 to comprehensive Peace Agreement and the Coun- 9 November 2005, in his capacity as Chairman of the cil’s failure in each case to exercise its responsi- Security Council Working Group on Peacekeeping Operations, taking note of his report, and welcoming bility and take remedial action, all of which had the observations made therein, led to the stoppage of demarcation activities and Noting with deep concern the high concentration of closure of the Commission’s offices. Eritrea said troops on both sides of the Temporary Security Zone, that, in a perverted logic, the Council would and stressing that the continuation of the situation not invoke, as it should, Chapter VII in the face would constitute a threat to international peace and se- of Ethiopia’s continued violation of the Peace curity, Agreement and the Charter. It had chosen 1. Deeply deplores the continued imposition by Eritrea of restrictions on the freedom of movement of instead to focus on derivative and secondary the United Nations Mission in Ethiopia and Eritrea, clauses and arrangements to impose sanctions on and demands that the Government of Eritrea reverse, Eritrea. without further delay or preconditions, its decision to Ethiopia, commenting on resolution 1640 ban Mission helicopter flights, as well as additional re- (2005), in a statement addressed to the Council strictions imposed on the operations of the Mission, on 9 December [S/2205/774], stressed that the on- and provide the Mission with the access, assistance, going crisis had been created by Eritrea, which support and protection required for the performance of its duties; should not be rewarded for escalating tensions 2. Calls upon both parties to show maximum re- along the border. Ethiopia had reacted with con- straint and to refrain from any threat or use of force sistent moderation in the face of Eritrea’s contin- against each other, and demands that both parties re- uing bellicose actions. Unlike Eritrea, which had turn to the 16 December 2004 levels of deployment, be- violated the integrity of the Temporary Security ginning with immediate effect and completing this re- Zone, Ethiopia had no troops within the Zone, deployment within thirty days, in order to prevent and its current troop deployment was fully con- aggravation of the situation; 3. Requests the Secretary-General to monitor com- sistent with its obligations under the Algiers pliance by the parties with the demands in para- Agreement. In the interests of peace, Ethiopia graphs 1 and 2 above and to report to the Security was prepared to redeploy its forces in compliance Council forty days after the adoption of the present with paragraph 2 of the resolution, even if doing resolution; so could put its security at risk. Should Eritrea 4. Expresses its determination to consider further ap- take advantage of that unilateral compliance and propriate measures, including under Article 41 of the cause harm to Ethiopia’s security, Ethiopia was Charter of the United Nations, if one or both parties convinced that the Council would shoulder its fail to comply with the demands in paragraphs 1 and 2 above; responsibility by taking the necessary action. 5. Demands that Ethiopia accept fully and without Ethiopia wrote the Secretary-General, also on further delay the final and binding decision of the 9 December, to convey the same information. Eritrea-Ethiopia Boundary Commission and take im- Further report of Secretary-General. The mediately concrete steps to enable, without precondi- Secretary-General later reported [S/2006/1] that, tions, the Commission to demarcate the border com- pletely and promptly, and expresses its determination on 18 November, elements of Ethiopia’s armed to monitor closely the actions of both parties in rela- forces took up position at Peak 885, a site inside tion to the demarcation of the border and to keep this the Temporary Security Zone in Sub-Sector East matter under consideration; vacated by UNMEE the day before, but withdrew

YUN05—4th proofs Dec. 24 2007 362 Political and security questions on 23 November following formal protests by verification plan of the troops to be pulled back, UNMEE. They again made a brief incursion into and ascertained their presence at the forward po- the area of Adi Melele in Sector West on 29 No- sitions and scheduled pull back. UNMEE con- vember. Until the adoption of Security Council firmed the departures and, where possible, the resolution 1640(2005), Ethiopia had continued arrivals at the designated pre-16 December 2004 reinforcing its troops and conducting military ex- locations; thereafter, it reconfirmed that each of ercises near the southern boundary of the Zone. the vacated locations had not been reoccupied by Eritrea had also engaged in considerable troop Ethiopia. The entire exercise was conducted by movements towards the northern boundary. UNMEE military observers in cooperation with On 6 December, Eritrea wrote UNMEE request- Ethiopian authorities. On 23 December, UNMEE ing that its personnel of Canadian, European, confirmed that Ethiopia had completed the Russian Federation and United States nationality planned withdrawal of eight of its divisions from leave the country within 10 days, giving no reason the forward positions. On the same date, Ethio- for the decision. In a statement issued on 7 De- pia informed the Council that it had responded cember, the Secretary-General condemned the “receptively” to the resolution; it would refrain decision and once again appealed to Asmara to from initiating any armed hostilities and would reverse all restrictions imposed on UNMEE. At his work to resolve its differences with Eritrea peace- request, the Under-Secretary-General for Peace- fully, adding, however, that “the range of possi- keeping Operations, Jean-Marie Guéhenno, to- bilities open to Ethiopia” would be “limited” un- gether with the Department of Peacekeeping Op- til Eritrea demonstrated a similar resolve, erations military adviser, visited the region (16-21 including normal diplomatic dialogue. December) to meet with the parties, the diplo- Eritrea reversed neither its ban on UNMEE heli- matic community and UNMEE personnel to dis- copter flights nor the additional restrictions, as cuss the current situation and how to move the demanded by the resolution. Instead of provid- peace process forward. Although Ethiopia’s ing the Mission with access, support and protec- Prime Minister received Mr. Guéhenno, no se- tion required for the performance of its duties, nior Eritrean official agreed to do so, nor did Eritrea had put in place additional restrictions Eritrea respond to his two letters urging a recon- on ground patrols, especially in large areas of sideration of its decision to withdraw certain Sector West and Sector Centre, where they were UNMEE staff from the country. Likewise, Eritrea restricted to main roads and precluded from did not respond to the Secretary-General’s calls night patrolling. Challenge inspections were to rescind that decision. blocked by Eritrean militia at a number of loca- On 15 and 16 December, UNMEE temporarily tions. In Eritrea’s view, the demand for redeploy- redeployed 77 of its civilian staff—including ment of troops to the 16 December 2004 levels those specified by Eritrea and others who could did not apply to it. Eritrea had taken no observ- no longer perform their functions effectively in able steps towards such redeployment, and va- Asmara owing to Eritrea’s restrictions—and 61 cant military locations in areas adjacent to the military personnel from Eritrea to Ethiopia. The Zone were presumed vacated by Eritrean troops move was with the agreement of the Council, for destinations undetermined by the Mission. At which expressed its intention to review options the same time, armed Eritrean personnel had for UNMEE’s future deployment and functions, been observed in 15 to 17 locations inside the in the context of its original purpose. (See presi- Zone, in numbers ranging from 80 to 150 per lo- dential statement S/PRST/2005/62 on p. 363.) cation. Some who claimed to be militia refused to Implementation of Security Council resolu - show identity cards. Eritrea insisted that it had tion 1640(2005).The meeting of the Military Co- no soldiers inside the Zone, merely some militia ordination Commission (Nairobi, 25 November) engaged in agricultural activities. discussed the demands of resolution 1640(2005) on the parties, principally the lifting of all restric- SECURITY COUNCIL ACTION (7 and 14 December) tions on UNMEE, the need to show maximum re- On 7 December [meeting 5317], following consul- straint and a return to the pre-16 December 2004 tations among Security Council members, the levels of military deployment within 30 days. President made statement S/PRST/2005/59 on While the Ethiopian delegation agreed to rede- behalf of the Council: ploy its troops accordingly, the Eritrean delega- tion argued that the provision did not apply to The Security Council condemns the decision of the Government of Eritrea to request some members Eritrea as it had not moved any troops forward. of the United Nations Mission in Ethiopia and Upon Ethiopia’s presentation on 27 November Eritrea to leave the country within 10 days, effective of the plan for redeploying its forces to the levels from 6 December 2005, which is inconsistent with specified, UNMEE developed a monitoring and the obligations of the Government of Eritrea to

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respect the exclusively international nature of the the governance of the Territory of Western Sa- peacekeeping operation. In this regard, the Council hara, thus maintaining the conditions conducive unequivocally demands that Eritrea immediately re- to the achievement of an agreed political solu- verse its decision without preconditions. The Council recalls that, in its resolution 1640 tion. All UN efforts to that end notwithstanding, (2005), it demanded that the Government of Eritrea a solution remained elusive. reverse all restrictions imposed on the operations of In a bid to break the long-standing political the Mission. deadlock on the question, the Secretary-General, The Council will be consulting on how to respond in July, appointed a new Personal Envoy, Peter to this completely unacceptable action by Eritrea. van Walsum (Netherlands), to explore with the two parties, as well as with Algeria, where thou- On 14 December [meeting 5326], following con- sands of Saharans had sought asylum from the sultations among Council members, the Pres- conflict, and the other neighbouring countries, ident made statement S/PRST/2005/62 on be- how best to achieve a mutually acceptable solu- half of the Council: tion. During the Envoy’s exploratory mission, The Security Council has agreed, in consultation Morocco reiterated its non-acceptance of a refer- with the Secretary-General, to temporarily relocate endum that would include the option of indepen- military and civilian staff of the United Nations Mis- dence. For Frente Polisario, the only way forward sion in Ethiopia and Eritrea from Eritrea to Ethio- was to implement either the 2003 peace plan pro- pia. The Council intends to maintain a military pres- ence of the Mission in Eritrea during the period in posed by the previous Personal Envoy, James which it is reviewing future plans for the Mission. Baker III, or the 1991 settlement plan proposed The Council has approved this decision solely in by the Secretary-General, both approved by the the interests of the safety and security of Mission Security Council and both providing for self- staff. The lack of cooperation with the Mission by determination through a referendum, with inde- the Eritrean authorities has produced conditions on pendence as an option. the ground which prevent the Mission from imple- A significant and encouraging development menting its mandate satisfactorily. during the year was the release in August of the The Council strongly condemns Eritrea’s unac- ceptable actions and restrictions on the Mission, last remaining 404 prisoners of war held by which have drastically reduced any meaningful op- Frente Polisario, some for over 20 years. In that erational capacity for the mission and will have, if connection, the Council called on both parties, in they are sustained, implications for the future of the cooperation with the International Committee of Mission. The Council recalls its demand, expressed the Red Cross, to resolve the fate of persons unac- in resolution 1640(2005), that Eritrea reverse such counted for since the beginning of the conflict. restrictions and provide the Mission with the access, Following a comprehensive review of the ad- assistance, support and protection required for the performance of its duties. ministrative and operational structure of the Mis- In this regard, the Council intends, with the Secre- sion, the military and civilian components of the tariat, to review promptly all options for the deploy- Mission were reorganized in order to integrate ment and functions of the Mission in the context of their activities, thereby to enhance their effective- its original purpose, its capacity to act effectively and ness. The Council extended the Mission’s man- the different military options available. date twice, the second time until 30 April 2006. The view of the Council on the fundamental issue The Council and the General Assembly again of implementation of the delimitation decision of the Eritrea-Ethiopia Boundary Commission re- called for the full cooperation of the parties and mains unchanged and the Council emphasizes the States of the region with the Secretary-General urgent need for progress in implementation of the and his Personal Envoy to end the current im- decision of the Boundary Commission. passe and achieve progress towards a political solution.

North Africa MINURSO The United Nations Mission for the Referen- dum in Western Sahara (MINURSO), established by Security Council resolution 690(1991) [YUN Western Sahara 1991, p. 794], continued in 2005 to monitor compli- For another year in 2005, the United Nations ance with the 1991 formal ceasefire between Mission for the Referendum in Western Sahara Frente Polisario and Morocco [ibid., p. 796].Moni- successfully monitored compliance by Morocco toring was carried out by the Mission’s military and the Frente Popular para la Liberación de observers through a combination of ground and Saguía El-Hamra y de Río de Oro (Frente air patrols and observation posts, and through in- Polisario) with the 1991 ceasefire that ended their spections of larger-than-company-size military armed hostilities over their dispute regarding units of the Frente Polisario forces and the Royal

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Moroccan Army (RMA). The main focus was on pabilities. The military headquarters was military activities close to the “berm” cutting restructured to include a joint civilian-military across Western Sahara, extending from the mission analysis centre and a joint operations north-east corner down to the south-west, near centre to enhance data collection and informa- the Mauritanian border. tion management. Night observation patrols and Military agreement No.1, signed between temporary observation posts were to be intro- MINURSO and separately with the parties [YUN duced, for which night vision equipment would 1998, p. 194], remained the basic legal instrument be provided. governing the ceasefire monitoring of the five A comprehensive review of the structure of the parts into which, for operational purposes, the Mission’s administrative and other civilian com- disputed Territory of Western Sahara was di- ponents was also completed. Its recommenda- vided: one five-kilometre-wide buffer strip to the tions included a reduction by 57posts (47 interna- east and south of the berm; two restricted areas— tional and 10 local), to be offset by an increase of one, 25 kilometres wide east of the berm and the 18 posts (international) and the creation of 24 other, 30 kilometres wide west of it; and two areas United Nations Volunteer posts. The recommen- with limited restrictions that encompassed the dations were to be phased in and completed by remainder of the Territory. Bilateral military mid-2006. agreements Nos. 2 and 3 [YUN 1999, p. 180], com- mitting both parties to cooperate with MINURSO Financing in the exchange of mine-related information, marking of mined areas, and clearance and de- The General Assembly, at its resumed fifty- struction of mines and unexploded ordnance, ninth session, considered the performance re- remained in force. port on the MINURSO budget for 1 July 2003 to 30 June 2004 [A/59/619], showing a total expenditure MINURSO maintained its headquarters in of $38,850,800 for the period out of an appor- Laayoune, Western Sahara; a liaison office in tionment of $41,529,500, resulting in an unen- Tindouf, Algeria, and nine military-observer cumbered balance of $2,678,700; the MINURSO team sites located across the Territory, four on budget for 1 July 2005 to 30 June 2006 [A/59/629] the Moroccan-controlled side and five on the showing estimated requirements of $46,328,400; Frente Polisario side. and the related report of ACABQ [A/59/736/Add.5]. On the recommendation of the Secretary- General, the Council extended the mandate of GENERAL ASSEMBLY ACTION MINURSO twice during the year, the first time un- til 31 October 2005 and the second until 30 April On 22 June [meeting 104], the General Assembly, 2006. on the recommendation of the Fifth Committee Appointments. By an exchange of letters be- [A/59/839], adopted resolution 59/308 without tween the Secretary-General and the Security vote [agenda item 137]. Council on 4 and 8 August [S/2005/511 & S/2005/ Financing of the United Nations Mission for 512 ] , Francesco Bastagli (Italy) was appointed Spe- the Referendum in Western Sahara cial Representative of the Secretary-General for The General Assembly, Western Sahara and Head of MINURSO,with Having considered the reports of the Secretary- effect from 1 September. General on the financing of the United Nations By a further exchange of letters on 6 and 9 Sep- Mission for the Referendum in Western Sahara and tember [S/2005/570 & S/2005/571], Brigadier Gen- the related reports of the Advisory Committee on Ad- eral Kurt Mosgaard (Denmark) was appointed ministrative and Budgetary Questions, Recalling Security Council resolution 690(1991) of Force Commander of MINURSO, from 12 Sep- 29 April 1991, by which the Council established the tember, to succeed Major General Gyorgy Szaraz United Nations Mission for the Referendum in West- (Hungary), who completed his tour of duty on 11 ern Sahara, and the subsequent resolutions by which August. the Council extended the mandate of the Mission, the Restructuring. During the year, MINURSO,in latest of which was resolution 1598(2005) of 28 April cooperation with the Department of Peace- 2005, keeping Operations, developed a new concept of Recalling also its resolution 45/266 of 17May 1991 on operations that went into effect on 1 October, the financing of the Mission and its subsequent resolu- which fully integrated military and civilian activ- tions and decisions thereon, the latest of which was res- olution 58/309 of 18 June 2004, ities so as to enhance the Mission’s operational ef- Reaffirming the general principles underlying the fectiveness. The military structure was reorga- financing of United Nations peacekeeping operations, nized by closing two sector headquarters and as stated in General Assembly resolutions 1874(S-IV) redeploying their military observers to the nine of 27 June 1963, 3101(XXVIII) of 11 December 1973 team sites, thus increasing MINURSO’s patrol ca- and 55/235 of 23 December 2000,

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Noting with appreciation that voluntary contributions 13 . Also requests the Secretary-General, in order to have been made to the Mission, reduce the cost of employing General Service staff, to Mindful of the fact that it is essential to provide the continue efforts to recruit local staff for the Mission Mission with the necessary financial resources to en- against General Service posts, commensurate with the able it to fulfil its responsibilities under the relevant requirements of the Mission; resolutions of the Security Council, Financial performance report 1. Requests the Secretary-General to entrust the for the period from 1 July 2003 to 30 June 2004 Head of Mission with the task of formulating future 14 . Takes note of the report of the Secretary-General budget proposals in full accordance with the provi- on the financial performance of the Mission for the pe- sions of General Assembly resolution 59/296 of 22 riod from 1 July 2003 to 30 June 2004; June 2005, as well as other relevant resolutions; 2. Takes note of the status of contributions to the Budget estimates United Nations Mission for the Referendum in West- for the period from 1 July 2005 to 30 June 2006 ern Sahara as at 15 April 2005, including the contribu- 15. Decides to appropriate to the Special Account for tions outstanding in the amount of 43.1 million United the United Nations Mission for the Referendum in States dollars, representing some 7 per cent of the total Western Sahara the amount of 47,948,400 dollars for assessed contributions, notes with concern that only the period from 1 July 2005 to 30 June 2006, inclusive sixty Member States have paid their assessed contribu- of 45,540,400 dollars for the maintenance of the Mis- tions in full, and urges all other Member States, in par- sion, 1,969,000 dollars for the support account for ticular those in arrears, to ensure payment of their out- peacekeeping operations and 439,000 dollars for the standing assessed contributions; United Nations Logistics Base; 3. Expresses its appreciation to those Member States Financing of the appropriation that have paid their assessed contributions in full, and urges all other Member States to make every possible 16. Decides also to apportion among Member States effort to ensure payment of their assessed contribu- the amount of 15,982,800 dollars for the period from tions to the Mission in full; 1 July to 31October 2005, in accordance with the levels updated in General Assembly resolution 58/256 of 23 4. Expresses concern at the financial situation with December 2003, and taking into account the scale of regard to peacekeeping activities, in particular as re- assessments for 2005 as set out in its resolution 58/1 B gards the reimbursements to troop contributors that of 23 December 2003; bear additional burdens owing to overdue payments by Member States of their assessments; 17. Decides further that, in accordance with the pro- visions of its resolution 973(X) of 15 December 1955, 5. Also expresses concern at the delay experienced by there shall be set off against the apportionment among the Secretary-General in deploying and providing ade- Member States, as provided for in paragraph 16 above, quate resources to some recent peacekeeping missions, their respective share in the Tax Equalization Fund of in particular those in Africa; 940,600 dollars, comprising the estimated staff assess- 6. Emphasizes that all future and existing peace- ment income of 836,000 dollars approved for the Mis- keeping missions shall be given equal and non- sion, the prorated share of 92,767 dollars of the esti- discriminatory treatment in respect of financial and mated staff assessment income approved for the administrative arrangements; support account and the prorated share of 11,833 dol- 7. Also emphasizes that all peacekeeping missions lars of the estimated staff assessment income approved shall be provided with adequate resources for the for the United Nations Logistics Base; effective and efficient discharge of their respective 18. Decides to apportion among Member States the mandates; amount of 31,965,600 dollars for the period from 8. Reiterates its request to the Secretary-General to 1 November 2005 to 30 June 2006, at a monthly rate of make the fullest possible use of facilities and equip- 3,995,700 dollars, in accordance with the levels up- ment at the United Nations Logistics Base at Brindisi, dated in General Assembly resolution 58/256, and tak- Italy, in order to minimize the costs of procurement for ing into account the scale of assessments for 2005 and the Mission; 2006 as set out in its resolution 58/1 B, subject to a de- 9. Endorses the conclusions and recommendations cision of the Security Council to extend the mandate contained in the report of the Advisory Committee on of the Mission; Administrative and Budgetary Questions, and requests 19 . Decides also that, in accordance with the provi- the Secretary-General to ensure their full implementa- sions of its resolution 973(X), there shall be set off tion; against the apportionment among Member States, as 10. Requests the Secretary-General to ensure the provided for in paragraph 18 above, their respective full implementation of the relevant provisions of its share in the Tax Equalization Fund of 1,881,200 dol- resolution 59/296; lars, comprising the estimated staff assessment income 11. Decides that the posts of Chief of Staff, Legal of 1,672,000 dollars approved for the Mission, the pro- Officer, Information Officer, Assistant in Facilities rated share of 185,533 dollars of the estimated staff as- Management Services and Information Technology sessment income approved for the support account Assistant, which are filled respectively at the levels of and the prorated share of 23,667 dollars of the esti- D-1, P-4, P-3, G-7 and FS-5, shall be budgeted at those mated staff assessment income approved for the levels, pending the management review; United Nations Logistics Base; 12. Requests the Secretary-General to take all neces- 20. Decides further that, for Member States that have sary action to ensure that the Mission is administered fulfilled their financial obligations to the Mission, with a maximum of efficiency and economy; there shall be set off against their apportionment, as

YUN05—4th proofs Dec. 24 2007 366 Political and security questions provided for in paragraph 16 above, their respective company size of RMA and Frente Polisario mili- share of the unencumbered balance and other income tary forces, in accordance with military in the total amount of 3,872,700 dollars in respect of agreement No. 1 (see p. 364). Both forces contin- the financial period ended 30 June 2004, in accord- ance with the levels updated in General Assembly reso- ued to conduct routine maintenance and training lution 58/256, and taking into account the scale of as- activities. Frente Polisario remained insistent on sessments for 2004, as set out in its resolution 58/1 B; limiting the Mission’s ground and air patrolling 21. Decides that, for Member States that have not of the Territory east of the berm, which it con- fulfilled their financial obligations to the Mission, trolled. A smaller-than-company-size Frente there shall be set off against their outstanding obliga- Polisario unit was observed in the area known as tions their respective share of the unencumbered bal- Spanish fort within the restricted area east of the ance and other income in the total amount of berm, as were activities to enhance RMA radar 3,872,700 dollars in respect of the financial period ended 30 June 2004, in accordance with the scheme set monitoring capability along the berm. Those ac- out in paragraph 20 above; tions were undertaken ostensibly to deter the 22. Decides also that the decrease of 598,200 dollars movement of illegal migrants and smugglers. in the estimated staff assessment income in respect of MINURSO drew the parties’ attention to the pro- the financial period ended 30 June 2004 shall be set hibitions under the agreement of troop move- off against the credits from the amount of 3,872,700 ments and tactical reinforcement of equipment dollars referred to in paragraphs 20 and 21 above; within the restricted areas. The parties agreed in 23. Emphasizes that no peacekeeping mission shall principle to inform MINURSO in detail of their be financed by borrowing funds from other active proposed actions to address the problem of ille- peacekeeping missions; gal migration and to cooperate with it to dimin- 24. Encourages the Secretary-General to continue to take additional measures to ensure the safety and secu- ish any possible friction between them as a result rity of all personnel under the auspices of the United of such actions. Nations participating in the Mission, bearing in mind Because of the significant increase in the paragraphs 5 and 6 of Security Council resolution smuggling of migrants through Western Sahara 1502(2003) of 26 August 2003; in the previous two years, the parties had re- 25. Invites voluntary contributions to the Mission quested the Mission to increase its patrolling of in cash and in the form of services and supplies accept- known smuggling routes. The International Or- able to the Secretary-General, to be administered, as appropriate, in accordance with the procedure and ganization for Migration (IOM) confirmed, on practices established by the General Assembly; 3 November, the successful repatriation to Ban- 26. Decides to include in the provisional agenda of gladesh and India of 23 migrants found near its sixtieth session the item entitled “Financing of the Mijek in 2004. Frente Polisario informed the United Nations Mission for the Referendum in West- Mission that of the 21 migrants found near ern Sahara”. Tifariti, it had released 20, who were Pakistanis, to the border with Mauritania; arrangements for In December [A/60/634], the Secretary-General the repatriation of the remaining migrant, a submitted the performance report on the Bangladeshi, were under consideration. MINURSO budget for 1 July 2004 to 30 June 2005. A relief and recovery programme for Western Saharan refugees, budgeted at some $40 million Peacemaking efforts for the two-year period from September 2004 to In response to Security Council resolution August 2006, continued to be carried out by the 1570(2004) [YUN 2004, p. 277], the Secretary- World Food Programme (WFP). WFP and the Of- General submitted three interim reports during fice of the United Nations High Commissioner the year on the evolving situation concerning for Refugees (UNHCR) had been increasing their Western Sahara and the status of MINURSO as it monitoring and logistical capacity in the related to the political and operational environ- Tindouf refugee camps, a programme to which ment. The reports consistently noted that West- the EU had contributed 5.5 million euros. ern Sahara and Morocco remained deadlocked An evaluation of the pilot phase (March- regarding the 2003 peace plan for self- August 2004) of the confidence-building pro- determination for the people of Western Sahara gramme, led by UNHCR with MINURSO support [YUN 2003, p. 259]. They also underscored the con- and aimed at facilitating person-to-person con- tinued support and cooperation provided by the tacts between the refugees in the Tindouf camps AU to MINURSO throughout the reporting peri- and their relatives in the Territory, yielded posi- ods. tive results. The parties expressed support for Report of Secretary-General (January). In his continuing the exchange of family visits and tele- January report [S/2005/49], the Secretary-General phone service under existing arrangements. stated that MINURSO continued its ground and Since its inception in March 2004, a total of 1,476 air patrols to visit and inspect units larger than persons, 754 from the refugee camps and 722

YUN05—4th proofs Dec. 24 2007 Africa 367 from the Territory, had benefited from the reportedly from Bangladesh, also stranded in programme. Tifariti since April. MINURSO’s capacity to assist The Secretary-General noted that the 1991 in the repatriation operation of illegal migrants ceasefire continued to be respected by the parties was limited to lending logistical support on a and monitored by MINURSO to the extent of its humanitarian basis. ability. He remained concerned, however, that A joint WFP and UNHCR monitoring mission the prolonged political deadlock might lead to a (5-12 March) to the Tindouf refugee camps was deterioration of the situation in Western Sahara. organized to look into the recurrent breakdown In that regard, he would examine the parties’ re- of food distribution mechanisms there. Together iteration of their desire for increasing the Mis- with MINURSO, the two agencies also facilitated a sion’s strength and reinforcing its patrolling visit by donors (16-19 March). capacity. In early January, following consultations with Report of Secretary-General (April). Accord- the Special Representative, UNHCR submitted a ing to the April report of the Secretary-General new action plan for implementing the 2005 phase [S/2005/254], Morocco protested the occasional of the confidence-building measures programme. demonstrations in the buffer strip by Frente UNHCR hosted a donors meeting (Geneva, 3 Feb- Polisario civilian supporters (mainly from out- ruary), which by the reporting date had resulted side the region) allegedly escorted by armed mili- in $1.8 million in contributions received and tary personnel. For its part, Frente Polisario pro- pledged. Frente Polisario and Algeria had ap- tested the alleged shooting of a civilian from proved the plan, while Morocco intended to con- across the berm and the mistreatment of clandes- sider it further. tine migrants by Morocco. Investigation of the The Secretary-General expressed concern at allegations by MINURSO were inconclusive. In the scale of the violations of military agreement March, MINURSO completed a database of the No. 1 and felt the need for the parties to recon- parties’ compliance with the military agreements firm their commitment to the ceasefire and mili- that facilitated the tracking and analysis of infor- tary agreements. He also registered his concern mation obtained by military observers. In that re- over the recently reported statement by the gard, MINURSO confirmed that compliance with Frente Polisario leadership that a “return to military agreement No. 1 had seriously deterio- arms” might be “closer than ever”. In view of the rated. RMA continued installing and upgrading gravity of some of the violations described, con- its radar and surveillance capability in over 40 lo- sideration could be given to strengthening cations along the entire length of the berm, im- MINURSO. He therefore recommended the ex- proving its defence infrastructure, including tension of its mandate for a further six months, to constructing a second strand of the berm, and 31 October 2005. conducting live-fire military exercises that occa- sionally extended to the restricted areas towards SECURITY COUNCIL ACTION (April) the north-east corner of the Territory. Frente On 28 April [meeting 5170], the Security Council Polisario continued deployment of a unit of unanimously adopted resolution 1598(2005). armed personnel with anti-aircraft weapons in The draft [S/2005/275] was prepared in consulta- the Spanish fort, repeated incursions into the tions among Council members. buffer strip by vehicles carrying armed military The Security Council, personnel, and restricting the Mission’s freedom Recalling all its previous resolutions on Western of movement. Both parties, instead of submitting Sahara, including resolutions 1495(2003) of 31 July prior notifications or requests for engaging in 2003, 1541(2004) of 29 April 2004 and 1570(2004) of 28 regulated or restricted actions, submitted their October 2004, requests after the fact. Reaffirming its commitment to assist the parties to achieve a just, lasting and mutually acceptable political In addition to the continuing cooperation of solution which will provide for the self-determination the parties with MINURSO in marking and dis- of the people of Western Sahara in the context of ar- posing of mines and unexploded ordnance, rangements consistent with the principles and pur- MINURSO was cooperating with the Geneva Inter- poses of the Charter of the United Nations, and noting national Centre for Humanitarian Demining to the role and responsibilities of the parties in this re- develop an information management system for spect, mine action and a comprehensive database to Reiterating its call upon the parties and States of the support a wider mine action campaign. region to continue to cooperate fully with the United Nations to end the current impasse and to achieve pro- On 22 March, MINURSO transported the gress towards a political solution, Bangladeshi found in the Tifariti area (above) to Urging the Frente Popular para la Liberación de Mauritania, where he was transferred to IOM for Seguía El-Hamra y de Río de Oro to release without repatriation; it visited an additional 46 migrants, further delay all remaining prisoners of war in compli-

YUN05—4th proofs Dec. 24 2007 368 Political and security questions ance with international humanitarian law, and calling for the self-determination of the people of upon Morocco and the Frente Popular para la Western Sahara or the 1991 settlement plan [YUN Liberación de Seguía El-Hamra y de Río de Oro to 19 91, p . 793 ] , both of which provided for self- continue to cooperate with the International Commit- tee of the Red Cross to resolve the fate of persons who determination through a referendum, with inde- are unaccounted for since the beginning of the con- pendence as one of the options. Any other course flict, would not be acceptable to Frente Polisario. Mau- Having considered the report of the Secretary- ritania reiterated its strict neutrality. General of 19 April 2005, and taking note of his in- On his return from the region, the Personal terim report of 27 January 2005, Envoy held consultations with authorities in Ma- 1. Decides to extend the mandate of the United drid, Paris and Washington, D.C., on 18, 22 and Nations Mission for the Referendum in Western Sa- hara until 31 October 2005; 25 October, respectively. 2. Affirms the need for full respect of the military Communications. Morocco, on 23 September agreements reached with the Mission with regard to [S/2005/602], drew attention to continued grave vi- the ceasefire; olations of the rights of thousands of Moroccan 3. Calls upon Member States to consider voluntary detainees in prison and civilians in camps in Al- contributions to fund confidence- building measures geria, the country of asylum. Apart from its lim- that allow for increased contact between separated family members, especially family unification visits; ited presence in the refugee camps, UNHCR had 4. Looks forward to receiving the results of the been unable to conduct a census of that popula- comprehensive review of the structure of the adminis- tion because Algeria made such a census condi- trative and other civilian components of the Mission, as tional upon the settlement of the Western Saha- outlined in the report of the Secretary-General of 19 ran dispute. Morocco spoke of the existence of April 2005; detention centres and military barracks within 5. Requests that the Secretary-General provide a the camps and of peoples held hostage there in report on the situation concerning Western Sahara be- violation of the principles governing the right of fore the end of the mandate period; 6. Decides to remain seized of the matter. asylum. As to the photographic montages made of inmates in Laayoune prison, Morocco said Personal Envoy of Secretary-General. By an they were the manipulated images of persons im- exchange of letters between the Secretary- prisoned for such crimes as homicide, rape or General and the Security Council on 25 and 28 drug trafficking, and were part of a propaganda July [S/2005/497 & S/2005/498], Peter van Walsum campaign against it. (Netherlands) was appointed Personal Envoy of Algeria, on 26 September [S/2005/605], referred the Secretary-General for Western Sahara to help to Morocco’s letter as directly or tacitly implicat- assess the situation and to explore how best to ing Algeria in some aspects of the Western overcome the current political impasse. As a first Sahara conflict. It said that Morocco, caught in step, the Secretary-General requested his Per- the act of repressing Sahrawi civilians and ac- sonal Envoy to establish contacts with the parties, cused by NGOs and the international media of neighbouring States and other stakeholders to as- grave crimes and acts of torture against Sahrawi certain their views on the best way forward. political prisoners, was reacting like any occupy- As later reported by the Secretary-General ing or colonial power by cordoning off the Terri- [S/2006/249], the Personal Envoy,following his pre- tory it had been occupying since 1975 and prohib- liminary discussions in New York with represen- iting by military force NGOs, the media, outside tatives of the two parties and of Algeria and Mau- observers and parliamentarians from entering ritania, undertook an exploratory mission to the the Territory. Regarding the “thousands of Mo- region from 11 to 17 October. roccan civilians still in the camps”, Algeria said The Personal Envoy informed the Secretary- they included Sahrawi refugees duly identified General that there continued to be a total lack of as such by UNHCR who had had no choice but to agreement on how to enable the people of West- flee from their occupied homeland and to whom ern Sahara to exercise their right to self- Algeria had generously offered asylum. determination. Morocco had reiterated it would Algeria noted that, given the very serious situa- not accept a referendum that would include the tion prevailing in Western Sahara, where 151 option of independence; it strongly advocated POWs were being held by Morocco, several hun- negotiations with a view to achieving a just, last- dred Sahrawi civilians remained missing, and 37 ing and mutually acceptable political solution, prisoners had been staging a hunger strike since but made clear that negotiations would have to be 8 August (see below) to obtain political prisoner about the autonomy status of Western Sahara. status, it called on the Security Council to appeal The position of Frente Polisario, with the general to Morocco concerning the disappeared Sahrawi support of Algeria, was that the only way forward civilians and the plight of the 37 political prison- was to implement either the 2003 peace plan ers. It should not allow Morocco to stall progress

YUN05—4th proofs Dec. 24 2007 Africa 369 indefinitely, paralyse the Organization and frus- One of the most painful chapters of the Frente trate the hopes of the international community. Polisario–Morocco conflict was brought to a close Report of Secretary-General (October). In his on 18 August, when, through the mediation of October report [S/2005/648], the Secretary- the United States, Frente Polisario released the General stated that there had been some unrest last 404 Moroccan POWs in its custody to ICRC for in the Territory, where several demonstrations repatriation to Morocco. ICRC continued to pur- were organized in Laayoune and other main sue the question of persons who remained unac- towns in support of the self-determination of counted for as a result of the conflict. Western Saharans and respect for their human With regard to assistance to Western Saharan rights. Violent confrontations between the dem- refugees, by a joint UNHCR-WFP decision commu- onstrators and the Moroccan security forces en- nicated to Frente Polisario and to Algeria, as the sued, resulting in arrests and detentions. A num- country of asylum, the number of assisted bene- ber of detainees went on a hunger strike from ficiaries was reduced from 158,000 to 90,000 as at early August to 29 September. Tensions ran par- 1 September, with assistance targeted to the most ticularly high following the death of a demon- vulnerable of the population in the Tindouf ref- strator from injuries inflicted by police during a ugee camps. That number would be used for 29 October protest in Laayoune. Two police offi- planning purposes, pending a comprehensive cers involved in the incident were being held registration of the refugee population. While do- pending completion of a judicial inquiry by nor support for humanitarian programmes had Morocco into the circumstances surrounding risen to over $5 million in 2005, additional inter- that death. national assistance would be required to provide In response to the demonstrations, Morocco supplementary food to improve the health of the increased its security and police presence in all refugees. the main towns of the Territory and, in Decem- The exchange of family visits between the Ter- ber, deployed army troops there for the first time ritory and the Tindouf refugee camps under the since 1999. In letters of 17November and 14 and confidence-building programme did not resume 20 December to the UN Secretary-General, the during the reporting period. Although Frente Frente Polisario Secretary-General called on the Polisario and Algeria had approved the action United Nations to intervene to protect the Saha- plan for the 2005 phase, Morocco had suggested ran citizens and guarantee their human rights, some amendments that were discussed with condemned the intervention of the Moroccan po- UNHCR, after which Morocco accepted the plan; lice and military in the demonstrations and the programme was to resume in early Novem- warned that deployment of the troops to Western ber. Sahara constituted a dangerous development The Secretary-General expressed concern that could lead to deadly confrontations between over the alleged human rights abuses in the Ter- Moroccan and Saharan civilians. ritory and in the Tindouf refugee camps (see New violations of military agreement No. 1 oc- p. 368). He pointed out that MINURSO had nei- curred during the reporting period. From 14 ther the mandate nor the resources to address the April to 14September, MINURSO observed 13 vio- issue, but the High Commissioner for Human lations by RMA and 10 by Frente Polisario. They Rights intended to approach the parties and included brief incursions into the buffer strip by Algeria, as the country of asylum, with a view to armed elements from both sides, construction of exploring what action might be taken in that new physical structures and movement of mili- regard. tary units without prior notification or MINURSO In the belief that MINURSO continued to play approval. MINURSO pointed out that the civilian an important role in monitoring the ceasefire demonstrations by Frente Polisario supporters in and stabilizing the situation on the ground, the the buffer strip, while not constituting a breach Secretary-General recommended that its man- of the agreement, contributed to increased ten- date be extended for a further period of six sions along the berm. months, until 30 April 2006. In keeping with military agreements Nos. 2 and 3, the parties continued to extend a high level SECURITY COUNCIL ACTION (October) of cooperation to MINURSO in the marking and On 28 October [meeting 5295], the Security disposal of mines and unexploded ordnance. Be- Council unanimously adopted resolution 1634 tween the first and third reporting periods, (2005). The draft [S/2005/677] was prepared in MINURSO had discovered and marked 407 of consultations among Council members. such items and monitored the destruction of The Security Council, 3,693. In addition, it monitored 54 disposal oper- Recalling all its previous resolutions on Western Sa- ations, all carried out by RMA. hara, including resolutions 1495(2003) of 31 July 2003,

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1541(2004) of 29 April 2004 and 1598(2005) of 28 April Reaffirming the inalienable right of all peoples to 2005, self-determination and independence, in accordance Reaffirming its commitment to assist the parties to with the principles set forth in the Charter of the achieve a just, lasting and mutually acceptable political United Nations and General Assembly resolution 1514 solution which will provide for the self-determination (XV) of 14 December 1960 containing the Declaration of the people of Western Sahara in the context of ar- on the Granting of Independence to Colonial Coun- rangements consistent with the purposes and princi- tries and Peoples, ples of the Charter of the United Nations, and noting Recalling its resolution 59/131of 10 December 2004, the role and responsibilities of the parties in this re- Recalling also all resolutions of the General Assem- spect, bly and the Security Council on the question of West- Reiterating its call upon the parties and States of the ern Sahara, region to continue to cooperate fully with the United Recalling further Security Council resolutions 658 Nations to end the current impasse and to achieve pro- (1990) of 27 June 1990 and 690(1991) of 29 April 1991, gress towards a political solution, by which the Council approved the settlement plan for Taking note of the release on 18 August 2005 of the Western Sahara, remaining four hundred and four Moroccan prisoners Recalling Security Council resolutions 1359(2001) of of war by the Frente Popular para la Liberación de 29 June 2001 and 1429(2002) of 30 July 2002, as well as Saguía el-Hamra y de Río de Oro in compliance with 1495(2003) of 31 July 2003, in which the Council ex- international humanitarian law, and calling upon the pressed its support of the peace plan for self- parties to continue to cooperate with the International determination of the people of Western Sahara as an Committee of the Red Cross to resolve the fate of per- optimum political solution on the basis of agreement sons who are unaccounted for since the beginning of between the two parties, and resolutions 1541(2004) of the conflict, 29 April 2004, 1570(2004) of 28 October 2004 and Welcoming the appointment of the Personal Envoy of 1598(2005) of 28 April 2005, the Secretary-General for Western Sahara Mr. Peter Taking note of the responses of the parties and neigh- van Walsum, and noting that he recently completed bouring States to the Personal Envoy of the Secretary- consultations in the region, General concerning the peace plan contained in the Having considered the report of the Secretary- report of the Secretary-General of 23 May 2003, General of 13 October 2005, Reaffirming the responsibility of the United Nations 1. Reaffirms the need for full respect of the military towards the people of Western Sahara, agreements reached with the United Nations Mission Noting with satisfaction the entry into force of the for the Referendum in Western Sahara with regard to ceasefire in accordance with the proposal made by the the ceasefire; Secretary-General, and stressing the importance it 2. Calls upon Member States to consider voluntary attaches to the maintenance of the ceasefire as an contributions to fund confidence-building measures integral part of the settlement plan, that allow for increased contact between separated Underlining, in this regard, the validity of the settle- family members, especially family unification visits; ment plan, while noting the fundamental differences 3. Decides to extend the mandate of the Mission un- between the parties in its implementation, til 30 April 2006; Stressing that the lack of progress in the settlement of 4. Requests that the Secretary-General provide a re- the dispute on Western Sahara continues to cause suf- port on the situation concerning Western Sahara be- fering to the people of Western Sahara, remains a fore the end of the mandate period, and requests the source of potential instability in the region and ob- Personal Envoy of the Secretary-General to provide a structs the economic development of the Maghreb re- briefing, within three months of the adoption of the gion and that, in view of this, the search for a political present resolution, on the progress of his efforts; solution is critically needed, 5. Decides to remain seized of the matter. Welcoming the efforts of the Secretary-General and his Personal Envoy in search of a mutually acceptable political solution, which will provide for self- GENERAL ASSEMBLY ACTION determination of the people of Western Sahara, The General Assembly, in December, exam- Having examined the relevant chapter of the report ined the Secretary-General’s July report summa- of the Special Committee on the Situation with regard rizing his 1 July 2004–30 June 2005 reports to the to the Implementation of the Declaration on the Security Council on the question of Western Sa- Granting of Independence to Colonial Countries and hara [A/60/116] and the relevant chapter in the re- Peoples, port of the Special Committee on decolonization Having also examined the report of the Secretary- General, for 2005 [A/60/23] (see p. 658). 1. Takesnote of the report of the Secretary-General; On 8 December [meeting 62], the Assembly, on 2. Underlines Security Council resolution 1495 the recommendation of the Fourth (Special Polit- (2003), in which the Council expressed its support of ical and Decolonization) Committee [A/60/472], the peace plan for self-determination of the people of adopted resolution 60/114 without vote. Western Sahara as an optimum political solution on the basis of agreement between the two parties; Question of Western Sahara 3. Underlines also that the parties reacted differently The General Assembly, to this plan; Having considered in depth the question of Western 4. Continues to support strongly the efforts of the Sahara, Secretary-General and his Personal Envoy to achieve a

YUN05—4th proofs Dec. 24 2007 Africa 371 mutually acceptable political solution to the dispute efforts. The mission made a number of recom- over Western Sahara; mendations for the Government of Zimbabwe, 5. Commends the Secretary-General and his Per- the United Nations and the wider international sonal Envoy for their outstanding efforts and the two community to address the situation. parties for the spirit of cooperation they have shown in the support they provide for those efforts; Communication (July). On 26 July [S/2005/490], 6. Calls upon all the parties and the States of the re- Australia, Canada and New Zealand expressed gion to cooperate fully with the Secretary-General and concern at the growing humanitarian and hu- his Personal Envoy; man rights crisis in Zimbabwe. They said that the 7. Reaffirms the responsibility of the United Nations towards the people of Western Sahara; report of the Secretary-General’s Special Envoy 8. Calls upon the parties to cooperate with the had documented the failure of the Government International Committee of the Red Cross in its efforts of Zimbabwe to protect its people and was re- to solve the problem of the fate of the people unac- sponsible for the situation. The Government had counted for, and calls upon the parties to abide by their to take urgent action to implement the recom- obligations under international humanitarian law to mendations contained in the Special Envoy’s re- release without further delay all those held since the port. However, they noted that the reaction of the start of the conflict; Government of Zimbabwe to the report gave little 9. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration confidence that it would do so. Noting that the re- on the Granting of Independence to Colonial Coun- port stated that there would be far-reaching and tries and Peoples to continue to consider the situation long-term social, economic, political and institu- in Western Sahara and to report thereon to the Gen- tional consequences, the three States were of the eral Assembly at its sixty-first session; view that for too long the United Nations had 10. Invites the Secretary-General to submit to the been unable to take up the deteriorating situation General Assembly at its sixty-first session a report on in Zimbabwe and called on the Security Council the implementation of the present resolution. to be seized of the situation as a matter of urgency and to engage actively with the Government of Zimbabwe to bring the situation to an end. Other issues Security Council consideration. On 27 July [meeting 5237], at the request of the United King- dom [S/2005485, S/2005/489], the Council met in a Zimbabwe closed session to hear a briefing by the Secretary- In May, the Government of Zimbabwe General’s Special Envoy. The representative of launched a clean-up operation of its cities known Zimbabwe was invited to participate in the meet- Operation Murambatsvina (Operation Restore ing. At the request of the Russian Federation, the Order ), designed to stop all forms of alleged ille- agenda was put to the vote and was adopted by a gal activities in areas such as vending, illegal vote of nine in favour, five against and one structures, illegal cultivation, among others, in its abstention. cities. The number of people affected by the Op- Communications. In a 31 October press state- eration was estimated at 2.4 million, with some ment [SG/SM/10195], the Secretary-General said 700,000 having lost their homes. The campaign that he remained concerned by the humanitarian was condemned by several UN Member States, crisis in Zimbabwe as the United Nations contin- Zimbabwean opposition parties, church groups ued to receive reports that tens of thousands of and NGOs. people were still homeless and in need of assist- Concerned by the adverse impact of the Opera- ance, months after the May eviction campaign. tion on the lives of the urban poor, on 20 June, He was dismayed to learn of the Government’s the Secretary-General appointed Anna Kajumulo rejection of offers of UN assistance and its claim Tibaijuka, Executive Director of the United that there was no humanitarian crisis and that its Nations Human Settlement Programme (UN- interventions had addressed the most urgent Habitat), as his Special Envoy to lead a fact- needs. The Secretary-General noted that the finding mission to Zimbabwe to assess the scope Government’s decision to decline assistance and impact of Operation Murambatsvina. The came despite extensive consultations on relief Special Envoy visited Zimbabwe between 26 June with the United Nations. In the light of the im- and 8 July. The mission reported that the Opera- pending rainy season, he appealed to the Govern- tion was carried out in an indiscriminate and ment to ensure that those who were out in the unjustified manner. The humanitarian conse- open without shelter and means of sustaining quences were enormous and any humanitarian their livelihoods were provided with humanita- response would only be meaningful if it contrib- rian assistance in collaboration with the United uted to long-term recovery and reconstruction Nations and the humanitarian community in

YUN05—4th proofs Dec. 24 2007 372 Political and security questions order to avert a further deterioration of the ing President Maauya Ould Sid’ Ahmed Taya. humanitarian situation. The Secretary-General called for the restoration The European Union (EU), in a 7 November of constitutional order and underlined the need statement of its Presidency [S/2005/712], noted the for the full respect for human rights and the rule Secretary-General’s statement and shared his of law. concern over the grave humanitarian situation in The AU Peace and Security Council, by a com- Zimbabwe. It called on the Government of Zim- muniqué issued at its thirty-seventh meeting babwe to work with the United Nations and the (Addis Ababa, Ethiopia, 8 September) [S/2005/ international community to get aid and shelter to 581], stated that it took note of developments since those in need and to implement all the recom- the 3 August coup and the commitments made by mendation contained in the report of the Secreta- the new Mauritanian authorities towards the ry-General’s Special Envoy (see above). swift restoration of constitutional order through In another statement issued on 19 December a process that should culminate in presidential [S/2005/830], the EU Presidency welcomed the visit and legislative elections before 3 August 2007. (3-7 December) to Zimbabwe by the United Nations Under-Secretary-General for Huamni- Cooperation between the AU and tarian Affairs, Jan Egleland, and the agreements the UN system signed by UN agencies and Zimbabwe for food On 17 October 2005 [meeting 5282], during con- assistance and HIV/AIDS programmes. It noted the exchanges between the United Nations and sideration by the Security Council of the question Zimbabwe over the need for assistance with shel- of cooperation between the United Nations and regional organizations in maintaining peace and ter. The EU called on Zimbabwe to build on those efforts and to allow the United Nations and other security (see p. 96), the Secretary-General wel- international donors unrestricted access in order comed the commitment by the 2005 World Sum- to provide urgently needed humanitarian mit to support a 10-year programme aimed at assistance. strengthening the capacity of the AU (see p. 59). The representative of the Chairperson of the African Union Commission said that cooperation Mauritania between the AU and the United Nations was both political and economic and based on a number of Mauritania, on 31May [S/2005/362], drew the at- agreements and resolutions, citing UN collabo- tention of the Security Council to arrests it had ration with the AU and subregional organiza- made of a number of Islamic extremists in the tions, such as the Economic Community of West country, from whom it had elicited information African States, in addressing conflict prevention that Mauritanian youths had been trained out- and peacekeeping operations on the African con- side the country by the Algerian Salafist Group tinent, and on the ongoing crises in Côte d’Ivoire, for Preaching and Combat, which had ties to an the Sudan and Somalia. He called for increased international terrorist network connected with support for the consolidation of the African Al-Qaida. Some of the trainees had returned to Union Commission in terms of long-term consul- the country, while others were still in training. tants and training programmes, strengthening Mauritania further transmitted a press release the organs of the AU and establishment of spe- on 6 June [S/2005/374], reporting an armed attack cialized committees to enable the AU to perform by the Salafist Group on a national army unit in effectively in the area of regional stabilization. the village of Limgheiti, killing 15 soldiers and He said that regional stabilization was about, wounding 17others; two were missing. It also re- among other things, effective conflict manage- ported that, of 20 Mauritanians recently trained ment and resolution. Thus, in welcoming the by the Group, 10 had returned to the country,7 of Summit commitment to address the special whom were arrested and 3 were at large. needs of Africa (see p. 57), the AU representative By a statement issued on 4 August [SG/SM/ said that the stabilization of the continent re- 10030], the Secretary-General condemned the quired the swift implementation of the measures coup d’état in Mauritania the previous day, oust- proposed to that end.

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